Трансформація санкційної політики ЄС у сфері захисту прав людини: від декларативності до глобального режиму санкцій

This article provides a comprehensive analysis of the evolution of the European Union’s sanctions policy in the field of human rights protection, focusing on its fundamental transformation from predominantly declarative and fragmented measures to an institutionalized, systemic global sanctions regime. The central subject of the research is Regulation (EU) 2020/1998, which established this new mechanism. The study employs institutional analysis, comparative legal methodology, and a systemic approach. The legal nature of this regime is examined in detail, including its universal character that allows for the application of restrictive measures irrespective of the perpetrator’s geographical location. The institutional architecture is analyzed, encompassing the roles of key EU institutions (the Council of the EU, the European External Action Service, the European Commission) and Member States in the process of initiating, adopting, and implementing sanctions. The criteria for applying restrictive measures are disclosed, particularly concerning the severity and systemic nature of human rights violations, such as genocide, crimes against humanity, torture, and other cruel, inhuman, or degrading treatment. A comparative analysis of the EU’s global sanctions regime with the American Magnitsky Act is conducted, identifying common features and significant differences, especially in the degree of centralization in decision-making and implementation approaches. Particular attention is paid to the European Union’s response to the full-scale military aggression of the Russian Federation against Ukraine, which has demonstrated both the potential and certain limitations of the existing sanctions policy, acting as a catalyst for its further strengthening. Key challenges to the effectiveness of the EU’s sanctions mechanism are identified and analyzed. These include the significant decentralization of the sanctions implementation process at the national level by Member States, which can lead to uneven application and the creation of «weak links.» Problems related to complex schemes for circumventing imposed restrictions and insufficient coordination are also considered. The urgent need for the unification of implementation and control procedures, as well as for the clear definition of specific, measurable, achievable, relevant, and time-bound (SMART) objectives for each sanctions regime and individual decision, is substantiated. Based on the conducted research, evidence-based proposals for improving the EU’s sanctions policy are formulated. These proposals include strengthening coordination, expanding analytical capabilities for detecting circumvention schemes, and enhancing monitoring. It is emphasized that studying the EU’s experience in this area is highly relevant for Ukraine in the process of developing and harmonizing its own effective sanctions strategy in accordance with international standards.