Columns

NSDC sanctions against Poroshenko: will he be able to run for president?

Vyacheslav Trunov – Honored Lawyer of Ukraine, Expert Advisor on Business Protection at AMBER Law Firm

NSDC sanctions against Petro Poroshenko: can they deprive him of the right to run for the presidency of Ukraine?

The decision of the National Security and Defense Council of Ukraine (NSDC) to impose sanctions against Petro Poroshenko has raised many questions. One of the main ones is whether they can deprive him of his right to run for president

The NSDC sanctions are regulated by the Law of Ukraine “On Sanctions” (2014). In general, Article 4 of this law provides for 24 types of sanctions, including

• Blocking of assets
• Restrictions on trade operations
• Prohibition on privatization and lease of state property
• Restrictions in the field of telecommunications
• Prohibition of public procurement and issuance of licenses
• Ban on entry to Ukraine (for foreigners)
• Prohibition of activities on the territory of Ukraine

What does “prohibition of activities” mean?

This sanction is provided for in the law, but it does not clearly define what exactly it means.

Does it apply to economic activities, for example, of sanctioned companies or legal entities?

Or could it relate to political activity, which would effectively mean a ban on participation in elections?

Is this a restriction on civic activity in the broad sense?

So far, we have not seen any official explanations of how this clause applies to individuals, let alone potential presidential candidates.

Do sanctions prohibit running for president?

According to the Constitution of Ukraine and the Electoral Code, a candidate may not run for office if:

• Has a criminal record for an intentional crime
• Is recognized as incapacitated
• Is not a citizen of Ukraine
• Does not meet the requirements for age or length of residence in the country

The mere imposition of sanctions is not included in this list. Therefore, the NSDC sanctions do not automatically deprive Poroshenko of the opportunity to run for office.

What if this “prohibition of activities” includes political activity?

If the authorities plan to use this clause to ban Poroshenko’s political activities, it will be a precedent that has never been set in Ukraine before. Is this possible without a court decision? Will the legislation be amended?

Will the sanctions help Poroshenko?

If the sanctions do not exclude him from the election, they may have the opposite effect – they may strengthen his position.

There are many examples in world history when pressure on politicians made them more popular:

Lech Walesa (Poland, 1989)

Lech Wałęsa, an electrician from the Gdańsk shipyard, became the leader of the anti-communist Solidarity movement. In the 1980s, he was imprisoned, persecuted, and his political activities were banned. However, this made him even more popular among Poles, who saw him as a symbol of the struggle against the regime. In 1989, he led negotiations with the authorities, and in 1990 he won the presidential election, becoming the first democratically elected president of Poland after the communist era.

Corazon Aquino (Philippines, 1986)

Corazon Aquino was the wife of opposition politician Benigno Aquino, who was assassinated when he returned to the Philippines to fight against dictator Ferdinand Marcos. The authorities did not consider her a serious opponent, but popular support after her husband’s assassination was so strong that she became the main opposition candidate. Despite election fraud, massive protests led to the overthrow of the regime, and Aquino became the first female president of the Philippines.

Kim Dae-jung (South Korea, 1987)

Kim Dae-jung was one of the most famous oppositionists in South Korea. He was arrested several times, and in 1980, the military regime even sentenced him to death, although under pressure from the international community, the sentence was commuted to life imprisonment. After the country’s democratization in 1997, Kim Dae-jung won the presidential election and became one of the key reformers of modern South Korea.

Unanswered questions:

• Does the clause “prohibition of activities” mean a ban on participation in elections?
• Will the legislation be amended to confirm this interpretation?
• Or will it become a political trump card for Poroshenko himself?

What is your opinion? Will the sanctions deprive Poroshenko of the opportunity to run for office, or will they strengthen his position? Share your thoughts in the comments!

Source: Facebook