On January 22, 2025, a roundtable discussion on “Expert Discussion of the New Draft Law on Establishing Liability for Violation of Sanctions” was held in Kyiv, organized by the UBA Committee on Criminal and Criminal Procedural Law in cooperation with the Institute of Legislative Ideas. The event was attended by representatives of the Ministry of Justice, think tanks, law enforcement agencies and lawyers who actively discussed the new draft law No. 12406.

The event was moderated by Maksym Sheverdin, Chairman of the UBA Committee on Criminal and Criminal Procedural Law, Partner, Head of WCC at LCF Law Group.

The speakers were:

- Inna Bogatykh, Deputy Minister of Justice of Ukraine;

- Tetyana Khutor, Head of the Institute of Legislative Ideas, Visiting Professor of Practice at The Schar School of Policy and Government at George Mason University (USA);

- Oleksiy Zakharov, Deputy Head of the Legal Support Department of the Security Service of Ukraine.

The discussion was joined by:

- Maksym Pastushok, Director of the Sanctions Policy Department of the Ministry of Justice of Ukraine;

- Svitlana Nyshta, Chief Specialist of the Analytical Support for the Implementation of Sanctions Policy, Office of Monitoring, Analysis and Control, Department of Sanctions Policy, Ministry of Justice of Ukraine;

- Yevhen Riyako, Deputy Chairman of the UBA Committee on Criminal and Criminal Procedure Law, Managing Partner of RIYAKO & PARTNERS, attorney at law;

- Andriy Fortunenko, Member of the Board of the UBA Committee on Criminal Law and Criminal Procedure, Partner, Head of Business Protection Practice at Avellum;

- Volodymyr Yenich, Member of the Board of the UBA Committee on Constitutional Law, Administrative Law and Human Rights, Partner at AVER LEX;

- Denys Shkarovskyi, Partner at VB PARTNERS;

- Mykola Rubashchenko, analyst at the Institute of Legislative Ideas;

- Oksana Huziy, analyst at the Institute of Legislative Ideas;

- Andriy Klymosiuk, project manager at the Institute of Legislative Ideas

The draft law submitted by the President of Ukraine aims to criminalize the violation and circumvention of sanctions, which have become a powerful tool to counter Russian aggression. The roundtable participants noted that given the numerous violations of sanctions legislation, the lack of effective criminal liability mechanisms reduces the deterrent effect of existing sanctions.

During the discussion, the roundtable participants emphasized the relevance and necessity of adopting a draft law that meets the best international standards, in particular the EU Directives, and offers a comprehensive solution to combat sanctions circumvention. They familiarized themselves with the main provisions of the draft law, including clear criteria for violations and accountability mechanisms. In addition, they discussed the model of criminalization of sanctions violations and suggested possible ways to improve the draft to ensure more effective law enforcement. They also discussed changes in the practice of prosecuting sanctions violators and the possibility of introducing additional tools to properly monitor their implementation.

The event was marked by an active discussion and productive exchange of views between representatives of government agencies, the legal community and the expert community.

In summary, the roundtable participants confirmed the importance of supporting the draft law and emphasized the need to continue public discussion to improve it, which will allow for more effective counteraction to sanctions violators and strengthen Ukraine's economic security.