Current issues of compliance with the provisions of the Criminal Procedure Code of Ukraine when applying special economic and other restrictive measures (sanctions)
Year: 2025
Type: article
Abstract: The content of the main topical issues of compliance with the provisions of the Criminal Procedure Code of Ukraine during the application of special economic and other restrictive measures (sanctions) is disclosed. The relevance of the publication is due to the vulnerability of the legal status of a person involved in the sphere of criminal justice, cases of stereotypical attitude towards subjects of criminal proceedings, depending on certain signs and circumstances. The purpose of the publication was to highlight the most significant issues of compliance with the provisions of the Criminal Procedure Code of Ukraine during the application of special economic and other restrictive measures provided for by the Law of Ukraine «On Sanctions», to form conclusions aimed at compliance with international standards for ensuring the rights and freedoms of an individual during criminal proceedings. The prerequisites for the formation of the specified goal were modern problems that arise during the provision of the rights and freedoms of an individual. The work was carried out on the basis of the use of general scientific and special methods of scientific knowledge. Of the general scientific methods, in particular, the system- structural method, methods of functional analysis and historicism were used, and of the special ones, formal-legal, logical-procedural methods, and the method of comparative jurisprudence. The main legislative norms related to the topic of the publication were analyzed. It is noted that the grounds and procedure for applying special economic and other restrictive measures provided for by the provisions of the Law of Ukraine “On Sanctions”, as well as the procedure for appealing against them, require the development of effective measures aimed at effectively protecting the rights and freedoms of a person who has temporarily received the status of “sanctioned”. This need is due to the consequences of applying sanctions to such a person, namely, imposing physical, moral, psychological and material penalties on him, restricting his legal status in the sphere of exercising political, socio-economic, cultural and personal rights. Attention is drawn to further research on the issues under study, in particular, studying the correlation of restrictions on the rights and freedoms of a person enshrined in the Criminal Procedure Code of Ukraine with the restrictions provided for by the main international regulatory legal acts, analyzing the problems of implementing international legal principles for ensuring the rights and freedoms of a person into domestic legislation, studying the legal nature of coercion in criminal proceedings and its correlation with coercive measures of sanction legislation, etc.
Authors: M. I. Derevyanko, S. Y. Ilchenko
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412389674