The article investigates the legal nature of the sanction in the form of confiscation of the assets of the sanctioned persons into the state income, as an object of application by the High Anti-Corruption Court. It was established that the current legislation of Ukraine lacks a clear definition of the legal category of “sanctions”, as well as a conceptual justification of its legal nature and a unified approach to its understanding, which necessitates the need, first of all, for their scientific development, which is extremely important in the conditions of the legal regime of military state. It has been established that in scientific legal literature, the legal category “sanction” is studied mainly through the prism of the theory of the structure of legal norms and legal responsibility, as well as certain aspects of its implementation, which is characterized by controversy regarding the compliance with the principle of legal certainty, given the application of one legal category for institutions of law that are different in their legal nature. The expediency of considering the legal nature of sanctions, which is the subject of this study, through the prism of the state sanctions policy, and defining them as national sanctions, with the aim of distinguishing their features and separating them from the legal institution of sanctions developed by the theory and practice of international law, is substantiated. The author’s definition of the legal category “national sanctions” is proposed. The peculiarities of the legal nature of the sanction in the form of confiscation of the assets of the sanctioned persons into the state income, as an object of application by the Supreme Anti-Corruption Court, which is proposed to be defined as a type of national sanctions, applied in a legal action based on a court decision during the period of the legal regime of martial law, are highlighted, and in the cases specified by law, and after its termination or cancellation, to individuals and legal entities whose actions have created a significant threat to the national security, sovereignty or territorial integrity of Ukraine (including through armed aggression or terrorist activity) or contributed to a significant extent (including through financing) the commission of such actions by other persons, including residents within the meaning of the Law of Ukraine “On the Basic Principles of Forcible Expropriation in Ukraine of Objects of Property Rights of the Russian Federation and its Residents” (sanctioned persons), after imposing sanctions on them in the form of freezing of assets in the manner specified by the Law, with the aim of compensation for damages and restoration of violated rights and freedoms, legitimate interests of a person and citizen, society and the state.
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