The article is devoted to identifying the problems of evidence in cases regarding the application of the Law of Ukraine “On Sanctions”. The purpose of the article is to develop substantiated proposals for changes and additions to the current legislation in the area of sanctions.

In order to avoid in practice questions and problems with proving the grounds for imposing sanctions on persons who have committed separate criminal offenses against the foundations of national security of Ukraine or in the field of terrorist activities, it is proposed to amend Art. Art. 3 and 51 of the Law of Ukraine “On Sanctions”, supplementing them with such a basis for the application of sanctions as “the existence of a reasonable suspicion of the subject of the commission of criminal offenses provided for in Articles 1111, 1112, 258-2585 and, on the condition that actions are taken in favor of the Russian Federation, – articles 1102, 111 of the Criminal Code of Ukraine”. If such a proposal is accepted, it will be much easier to prove the grounds for applying sanctions. In addition, the existence of reasonable suspicion is always confirmed by materials that are more than sufficient to prove the grounds for imposing sanctions.

 In order to avoid problems with determining the subject of the application of sanctions in accordance with the Law of Ukraine “On Sanctions”, as well as taking into account the proposed changes regarding the expansion of the grounds for the application of sanctions by the presence of reasonable suspicion of the commission of specific criminal offenses, the subjects of some of which can only be citizens of Ukraine, the necessity of supplementing part 2 of Art. 3 of the Law of Ukraine “On Sanctions” also refers to citizens of Ukraine as subjects of the application of sanctions.

Taking into account the objective need to resolve at the legislative and law-enforcement level the issue of the presentation of evidence by agents of the Security Service of Ukraine to the court that considers cases of imposition or cancellation of sanctions, in order to avoid the disclosure of information that is evidence in other proceedings, if their disclosure can be used by the accused in such proceedings to one’s own benefit, it is proposed to add Part 1 of Art. 236 of the Code of Administrative Procedure, paragraph 31 of the following content: “the objective impossibility of obtaining evidence that is simultaneously evidence in a criminal proceeding, in which a person has been notified of suspicion, if such evidence is information that constitutes a state secret or official information collected in the process of operative investigative, counterintelligence activities, in the field of defense countries – until the access restriction is removed from such information and all participants in the process in another case get acquainted with them”.