HISTORICAL AND LEGAL CHARACTERISTICS OF THE FORMATION OF UKRAINIAN LEGISLATION ON SANCTIONS

Abstract

The purpose of the article is to substantiate the author’s approach to the implementation of the historical and legal characterization of the formation of Ukrainian legislation on sanctions. It is determined that the formation of Ukrainian legislation on sanctions is undergoing a complex process of its improvement, which is determined by several stages. It is emphasized that the initial stage should be characterized as attempts to resolve problematic issues of responding to the violation of territorial integrity, which occurred in 2014, but at the same time revealed Ukraine’s unpreparedness for a hybrid war that lasted for a sufficiently long time, preceding the annexation of the Crimean peninsula and the territories of Donetsk and Luhansk regions. The author substantiates his own approach to determining the stages of the formation of Ukrainian legislation on the application of sanctions, which allowed us to distinguish the following stages: the first stage (2014–2018) – during which the Law of Ukraine «On Sanctions» was adopted, which defined the fundamental principles of such activities and the functional purpose of the mechanism for their application; the second stage (2018–2022) – regulatory definition and formation of a number of key entities whose activities are functionally directed at the application of sanctions; review of competency-based approaches to building a system of entities for the application of sanctions; the third stage (2022 – present), which is associated with the beginning of the full-scale invasion of the Russian Federation into the territory of Ukraine and the introduction of measures aimed at digitalizing processes for the implementation of the state’s functions in the application of sanctions; It was during this period that the idea of implementing the State Register of Sanctions was implemented, the normative definition of its functional capabilities (software) and the establishment of a circle of state authorities and other state bodies responsible for implementing the NSDC decision on the application, cancellation or amendment of sanctions.