RECOVERY OF ASSETS OF SANCTIONED PERSONS INTO THE STATE’S REVENUE: IN SEARCH OF A PROPER COURT

In the context of the martial law regime, the Ukrainian state develops legal mechanisms to protect national interests and security, sovereignty and territorial integrity of Ukraine, rights, freedoms and legitimate interests of a person and citizen, society and the state. One of these protection mechanisms is the imposition of a sanction in the form of a forfeiture of assets of sanctioned persons to the state revenue, which is applied exclusively by the court. This category of cases is undoubtedly of particular importance, given the purpose of its application, which requires a balanced approach to choosing the appropriate court to hear the case. The article makes an attempt to find the appropriate jurisdiction over cases involving the imposition of a sanction in the form of recovery of assets of sanctioned persons into the State revenue. The author establishes that the legislator has assigned the consideration of cases on recovery of assets of sanctioned persons to the State revenue to the jurisdiction of the High Anti-Corruption Court, thus authorizing it to consider this category of cases in administrative proceedings under the established and functioning system of administrative courts of Ukraine. It is stated that, based on the purpose of applying the legal institution of asset forfeiture to the State, this category of cases is particularly important, and therefore requires additional substantiation of the issue of choosing the appropriate court jurisdiction in it, in order to increase the efficiency of regulating this sanction at the legislative level and practical application oflegislation in order to avoid the risks of reversal of relevant court decisions. The author proves the need to develop the concept of proper judicial jurisdiction in casesof recovery of assets of sanctioned persons to the State, taking into account the requirements of the principle of specialization as one of the fundamental constitutional principles of the judicial system in Ukraine. The author substantiates the expediency of establishing a special judicial chamber in the Administrative Court of Cassation of the Supreme Court authorized to consider this category of cases. The author argues that it is expedient to establish a separate judicial chamber for consideration of cases involving the application of sanctions in the form of recovery of assets of sanctioned persons into the state revenue by amending the legislation. The author substantiates the need to create such a court chamber. The author’s own vision of relevant legislative changes in the field of the issues under study is proposed.