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While administrative appeals offer a direct method for contesting sanctions, the judicial procedure represents a more formal and potentially powerful legal avenue. In Ukraine, individuals or entities subject to restrictive measures have the right to challenge the Presidential Decree that enacts sanctions. However, this process is far from simple — it involves complex legal frameworks, procedural hurdles, and, in some cases, access to classified information.
Sanctions in Ukraine become legally binding only after being enacted by a Presidential Decree, which gives force to a decision adopted by the National Security and Defense Council of Ukraine (NSDC). Once this decree is published, it becomes subject to judicial review under Ukrainian law.
According to the Constitution of Ukraine and relevant procedural codes, any legal act, including those issued by the President, can be challenged in court if it is believed to violate constitutional rights, legal standards, or principles of proportionality and fairness.
The appropriate venue for such a challenge is the Supreme Court, which has jurisdiction over cases involving acts by the President. A right to file a lawsuit has only a designated person (individual or legal entity).
To initiate the judicial procedure, the designated person must file a lawsuit with the Supreme Court, specifically with the Administrative Court of Cassation, which operates within its structure. The claim must clearly outline:
The filing must be supported by proper documentation, and strict deadlines apply — six months since the date of the decree’s publication. In addition, the plaintiff must have legal standing, meaning they are directly affected by the sanctions in a personal or economic sense.
One of the most significant barriers in judicial appeals of sanctions is the use of classified information in the decision-making process. Many sanctions are based on intelligence gathered by the Security Service of Ukraine (SSU), the Ministry of Defense, or other agencies involved in national security.
This creates a legal dilemma: while the plaintiff has the right to access the evidence, such evidence is often not disclosed due to its confidential nature. As a result, a designated person and/or representatives shall become subject to special procedure to obtain a permit to work with classified information.
To address this, the Supreme Court may conduct closed hearings, where only authorized persons are present. However, this practice raises concerns about transparency and the right to a fair trial, which are fundamental principles under both Ukrainian and international law.
Another challenge lies in the political nature of sanctions. Since the imposition of sanctions often reflects the state’s geopolitical stance or alignment with international partners, courts may be reluctant to overrule such decisions, even when there are legal inconsistencies.
Nevertheless, Ukrainian courts have previously demonstrated their ability to independently assess presidential decrees, particularly in cases involving human rights or violations of due process. For this reason, pursuing a judicial remedy remains a vital option, especially when administrative appeals are unsuccessful or ignored.
If the court finds that the Presidential Decree violates the law or the Constitution, it may annul the decree in part, thereby removing the sanctions from the affected party.
However, court decisions may be appealed.
Given the complexity and sensitivity of judicial sanctions appeals, it is essential to engage experienced legal counsel. Lawyers play a key role in:
The judicial procedure for appealing sanctions in Ukraine is a challenging yet crucial path for restoring rights of designated persons. Despite obstacles such as classified information, limited access to evidence, and political sensitivity, the law provides a clear avenue for judicial review.
By turning to the Supreme Court, sanctioned entities can demand accountability, challenge unfair decisions, and push for a more balanced approach to national security measures. In doing so, they not only defend their own interests but also contribute to strengthening the rule of law and judicial independence in Ukraine.
