Sanctions Law: Concept, Subject, Method and Regulatory Framework

Abstract

The paper considers the problems of legal regulation of sanctions relations. It is noted that the legal framework in the field of sanctions restrictions is necessary to achieve a balance of rights and legitimate interests of subjects of law in different states involved in the sanctions process, as well as to deter widespread and unreasonable violation and restriction of the rights of subjects in the context of sanctions measures. The author defines sanctions law as a system of norms governing relations related to restrictions on the rights of foreign states, citizens and legal entities, introduced in order to change the political course of unfriendly states, including as a response, as well as relations to overcome the legal consequences of sanctions restrictions, imposed on the state, its citizens and legal entities. Relations on the introduction, execution, compliance, cancellation, overcoming the consequences of sanctions and counter-sanctions restrictions form sanctions relations that are the subject of sanctions law. It is noted that if the imposition of sanctions affects the rights of private entities, then the development of the mechanism of retortions seems to be the best way of retaliatory restrictions on the property and personal non-property rights of citizens and legal entities of those states that have special restrictions on the property and personal nonproperty rights of their own citizens and legal entities of the state receiving retortion. The author has developed the terminological basis of sanctions law, defined its methodology and regulatory framework. The legal nature is revealed and the principles for the introduction of sanctions and counter-sanctions restrictions are formulated.