PECULIARITIES OF ADMINISTRATIVE PROCEEDINGS BY THE HIGH ANTI-CORRUPTION COURT IN CASES OF SANCTIONS

Abstract

The need to establish the High Anti-Corruption Court  (hereinafter -HACC) was an important step towards combating corruption in Ukraine, as its general and primary task is to administer fair justice in criminal proceedings on corruption and related offences, to ensure everyone's right to a fair trial and respect for human rights and freedoms. It should be noted that since the adoption of the Law of Ukraine ‘On the HACC of 7 June 2018 [1], it has been repeatedly amended and supplemented, in particular, to expand the powers of the HACC. For example, on 31 October 2019, the HACC's jurisdiction was extended to cases on the recognition of unjustified assets and their recovery to the state revenue, which are considered in civil proceedings [2], and on 12 May 2022 - to cases on the application of sanctions provided for in paragraph 1-1 of part one of Article 4 of the Law of Ukraine ‘On Sanctions’, which are considered in administrative proceedings [3]. Given the scope of the study, we will focus on the issue of administrative proceedings by the HACC in cases of sanctions. Thus, on 12 May 2022, the Verkhovna Rada of Ukraine adopted the Law of Ukraine ‘On Amendments to Certain Legislative Acts to Improve the Effectiveness of Sanctions Related to the Assets of Individuals’ [3]. The Law amended the Laws of Ukraine ‘On Sanctions’, ‘On the Legal Regime of Martial Law’, ‘On Prevention and Counteraction to Legalisation (Laundering) of the Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction’, as well as the Code of Administrative Procedure of Ukraine. Thus, Article 20 was supplemented by part 3, which states that the HACC is jurisdictional over cases of application of the sanction provided for in paragraph 1-1 of part one of Article 4 of the Law of Ukraine ‘On Sanctions’, and Article 22 was supplemented by part 5, which provides that the HACC decides administrative cases on the application of the sanction provided for in paragraph 1-1 of part one of Article 4 of the Law of Ukraine ‘On Sanctions’ as a court of first instance [4].