In Ukraine, a wave of lawsuits is expected to be submitted to the Supreme Administrative Court, as well as to the European Court of Human Rights, demanding the repeal of the Presidential Decree on new sanctions against a number of Russian companies. This was stated by Nataliia Osadcha, a partner of Siutkin&Partners (S&P Agency) company, during the round table on the topic “New sanctions against the aggressor country: block or allow”.
The event was held by the company LIGA Zakon on May 23rd. Representatives of the government, business, political scientists, lawyers, public figures and participants of the telecommunication market took part in it. Experts discussed the mechanism for implementing the presidential decree on new sanctions against Russian companies, blocking social networks, as well as improving legislation in this area.
According to partner of Siutkin&Partners (S&P Agency) Nataliia Osadcha, at the moment in Ukraine there is no legal mechanism for implementing the decree. Those. for state bodies, there is no procedure for blocking the assets of enterprises that fall under sanctions. “If there is no procedure, then any company can apply to the court and cancel all measures taken on the block.
For example, the National Bank can not, without having a clear procedure and deadlines, and is guiding only by decree to commit an act that later will violate someone’s rights”, Nataliia notes.
According to Nataliia Osadcha, if in the near future for government agencies and businesses the procedure for implementing the decree and the responsibility for failure to implement sanctions measures will not be fully documented, then a mass appeal to the courts will be expected from the business side in order to protect their rights and assets.
She also noted that lawyers have already developed two types of lawsuits. The first concerns the violation of the rights of individuals and legal entities to use the acquired property, the second concerns the blocking of access to social networks. In this case, the lawsuit provides for the recovery of losses from the state in favor of companies that have paid for the right to use the software.
According to Nataliia Osadcha: “If a natural or legal person wants to return money or hold the state accountable for violation of his rights, that is, a very clear practice of the European court that will give them such an opportunity.”