Best approaches to criminal prosecution of sanctions violations: Ukrainian and international context

The need to criminalize the violation and circumvention of sanctions in Ukraine is a long-standing issue. At the same time, our foreign partners are already effectively prosecuting sanctions violators and those who facilitate sanctions evasion through criminal law. Moreover, the latest EU sanctions packages are aimed at closing loopholes that allow sanctions to be circumvented and increasing liability for such actions, as evidenced by the adoption of EU Directive 2024/1226 in April 2024. ‘On the definition of criminal offenses and penalties for breaches of Union restrictive measures.

That is why, when developing the Ukrainian model of criminalisation of sanctions violations, the Working Group consisting of the NGO ‘Institute of Legislative Ideas’, the Ministry of Justice of Ukraine, the Office of the President of Ukraine, the SSU, the PGO, the Ministry of Internal Affairs, the Ministry of Economy, the NACP, the NBU, the NSSMC was guided by the best international practices and EU approaches, which Ukraine, due to its European integration processes, should implement in its legislation.

This document demonstrates the Working Group's comprehensive approach to criminalizing sanctions violations and strengthening Ukraine's sanctions policy in this area, as well as the relevant international experience taken into account by the law's drafters.