THE RIGHT OF ACCESS TO COURT AND LEGAL AID VS SUBSTANTIVE CRIMINAL LAW: HOW TO ENSURE THEIR COMPATIBILITY IN THE CONTEXT OF CRIMINALIZATION OF SANCTIONS VIOLATIONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 82)Publication Date: 2024-12-31
Authors : Rubashchenko Mykola;
Page : 71-79
Keywords : criminal liability; access to court; right to legal aid; crimes against the foundations of Ukraine’s national security; international sanctions; violation of sanctions; criminalization;
Abstract
Introduction. Over the past two decades, restrictive measures (sanctions) have become a common instrument of international politics, a means of influencing violators of international law and human rights. Recently, against the backdrop of Russian aggression, sanctions law has been developing rapidly in Ukraine. According to the State Register of Sanctions, as of the end of December 2024, Ukraine has imposed sanctions on more than 10,000 individuals and more than 7,000 legal entities. However, the effectiveness of sanctions largely depends on what measures threaten those who violate or circumvent them. The need to criminalize the violation and circumvention of sanctions naturally arose. At the same time, the introduction of criminal liability for violation of sanctions may conflict with the guarantees of the right of access to court and the right to legal aid.
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