Policy

NSDC made a mistake in the sanctions list regarding Poroshenko and Zhevago: can lawyers take advantage of loopholes?

ANALYSIS FROM

Ukraine’s National Security and Defense Council (NSDC) has made inaccuracies in the sanctions list, which may complicate the practical application of restrictive measures. This was reported by journalist Maksym Savchuk on February 13, drawing attention to errors in the data of businessman Kostiantyn Zhevago and the leader of the European Solidarity party Petro Poroshenko. How this will affect the course of the case and whether lawyers can take advantage of the loopholes [Kommersant] analyzed together with the lawyer.

Errors in identification data

The journalist noticed that in the NSDC document, businessman Konstantin Zhevago was listed with an incorrect date of birth. The list shows the year 1957, while Zhevago was born in 1974.

“The level of the people preparing this is clear to me,” the journalist wrote on social media, hinting at the possible incompetence of the performers.

In addition, Petro Poroshenko’s tax number is incorrectly listed in the official list of sanctions, which may have legal consequences in the future.

Legal consequences and loopholes for appealing sanctions

Denys Tereshchenko, attorney at law, managing partner of ALERTES, in an exclusive commentary [Kommersant] explained that such mistakes can create grounds for appealing against sanctions in court.

“From a legal point of view, there may be problems with the practical implementation of restrictive measures (sanctions) applied to persons with an incorrect date of birth or taxpayer registration number (TIN),” Tereshchenko said.

According to him, according to the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction,” the identification data of resident individuals includes date of birth and taxpayer registration number. Since banking institutions use this data to identify customers, errors in the sanctions list can cause legal conflicts.

“The question remains: to whom exactly are the sanctions applied? This may lead to difficulties with the implementation of restrictive measures and create grounds for challenging the sanctions in court if they are applied,” Denys Tereshchenko said

Will the sanctions list be revised?

At the moment, there is no official reaction from the National Security and Defense Council to correct the mistakes in the sanctions list. However, experts emphasize that inaccuracies in such documents can significantly complicate their practical application and jeopardize the effectiveness of the state’s sanctions policy.