Amicus Curiae opinion

This document was prepared by the Institute of Legislative Ideas (ILI) as Amicus Curiae Opinion for the Constitutional Court of Ukraine in the case on the constitutional complaint of AEROC Investment Deutschland GmbH, in which the complainant asks the Court to check the constitutionality of the sanction, provided for in paragraph 1-1 of part one of Article 4 of the Law of Ukraine «On Sanctions», namely, the recovery of assets belonging to an individual or legal entity, as well as assets in respect of which such a person may directly or indirectly (through other individuals or legal entities) perform actions identical in content to the exercise of the right to dispose of them.

This sanction has been in the focus of attention of the Institute of Legislative Ideas since its introduction. The ILI has published a number of analytical materials on the said sanction in terms of its compatibility with European human rights standards, as well as materials analysing the practice of applying this sanction by the High Anti-Corruption Court of Ukraine and suggesting ways to improve it. Therefore, the Institute of Legislative Ideas considered it its duty to express its own position on the constitutional complaint.

This paper emphasises that the interpretation of constitutional provisions on property protection should take into account the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the relevant case law of the European Court of Human Rights. From this perspective, the ILI proposes to assess the relevant sanction based on the proportionality test formulated by the European Court of Human Rights.