Abstract
The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science.
 The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities.
 Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime.
 Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.
Highlights
With the adoption of the Law of Ukraine «On Sanctions» of August 14, 2014 [1] and the application of its provisions in society, among scholars and legal practitioners there are quite heated discussions about such a concept, «legal phenomenon» as sanctions – special economic, financial and other restrictive measures provided by this Law
Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision
We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary
Summary
With the adoption of the Law of Ukraine «On Sanctions» of August 14, 2014 [1] and the application of its provisions in society, among scholars and legal practitioners there are quite heated discussions about such a concept, «legal phenomenon» as sanctions – special economic, financial and other restrictive measures (hereinafter – sanctions) provided by this Law. The law defines the grounds for the application of sanctions, in particular: a) «acts of a foreign state, foreign legal or natural person, other entities that create real and/or potential threats to national interests, national security, sovereignty and territorial integrity of Ukraine, promote terrorist activity and/or violate human and civil rights and freedoms, the interests of society and the state, lead to the occupation of territory, expropriation or restriction of property rights, the task of property loss, the creation of obstacles to sustainable economic development, the full exercise by citizens of Ukraine of their rights and freedoms (Paragraph 1, Part 1 of Article 3 of the Law); b) the commission by a foreign state, a foreign legal entity, a legal entity under the control of a foreign legal entity or a non-resident natural person, a foreigner, a stateless person, as well as entities engaged in terrorist activities referred to in paragraph 1 Part 1 of Art. 3 of the Law (mentioned above), in relation to another foreign state, citizens or legal entities of the latter (Part 3 of Article 3 of the Law); c) terrorist activity (Part 2 of Article 1 of the Law); d) resolutions of the General Assembly and the Security Council of the United Nations (paragraph 2, part 1, article 3 of the Law); e) decisions and regulations of the Council of the European Union (paragraph 3, part 1, Article 3 of the Law); f) facts of violations of the Universal Declaration of Human Rights, the Charter of the United Nations (paragraph 4, part 1, article 3 of the Law). The law defines in Part 1 of the Article 4 of the Law types of sanctions, the list of which is open, as in the Paragraph 25 of Part 1 Article
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