The “European Solidarity” faction has initiated a proposal to strengthen the responsibility of members of the National Security and Defense Council of Ukraine (NSDC) for adopting unlawful decisions, particularly in the area of sanction policies

Chas Pravdy - 26 May 2025 18:32

They propose amending the current legislation to hold accountable those officials whose decisions can harm the state and its citizens, ensuring that the burden of responsibility does not fall solely on taxpayers. According to information agency "Interfax-Ukraine" and official documents, including Bill No. 13311, this important legal draft is currently under discussion and review in the Verkhovna Rada. One of the initiators and co-authors of this package of reforms is Member of Parliament Iryna Friz, who commented: “We propose to introduce personal responsibility for NSDC members for illegal sanctions-related decisions. This means that if a Rada decision is recognized as illegal by a court, the specific individuals who voted for it will bear responsibility, not all taxpayers in the country.” Friz emphasized that the changes foresee the possibility of challenging presidential decrees that approve NSDC decisions in court. This mechanism would enable parties whose rights have been violated by unlawful decisions to seek legal redress and, upon proving the illegitimacy of the actions, receive compensation for the damages incurred. “After a court ruling declaring a decree illegal, the affected parties will have the right to recover confiscated property or to receive compensation for losses,” added Ms. Friz. “This is important to prevent sanctions from becoming a tool of political pressure rather than a means of ensuring national security.” Additionally, the new law envisages modifications in the process of applying sanctions and monitoring their legality. Specifically, if an unlawful NSDC decision becomes the subject of a court ruling to annul it, the president must review and revoke the relevant decree. Responsibility for damages resulting from such unlawful decisions will lie solely with the members of the Council who voted “for” the decision. An important aspect of these innovations is that compensation for damage caused by illegal decisions must be provided in full, regardless of the level of fault of officials involved in executing operational-search or investigative actions, prosecutors, or judges. Instead of the vague and shadowy application of sanctions, these proposed changes aim to make the process more transparent and accountable—precisely to prevent political machinations and abuse. The initiative emerged after the NSDC adopted a decision on sanctions against Member of Parliament and leader of "European Solidarity," Petro Poroshenko, which provoked outrage among part of the public and expert circles. This case exemplifies how sanctions, based on political considerations, can again and again be used as a tool of political pressure rather than a means of ensuring national security. The proposed legislative changes are designed to enhance legal accountability and make the process of imposing sanctions more objective and controllable. They aim to ensure that every official making decisions in the sphere of national security is aware of their individual responsibility for potential negative consequences. In case unlawful decisions are formally adopted, the country will have the right to fair compensation, and the members of the Council will face appropriate sanctions. This step is part of a broader system of reforms in the fields of security and justice, aimed at strengthening the balance between political will and legal responsibility. Bill No. 13311 is still under discussion; however, its ideas already generate significant public and expert interest. It is crucial for the parliament to adopt these amendments to protect citizens' rights, ensure the stability of Ukrainian democratic systems, and prevent abuse in this highly sensitive and vital area of the country's sanctions policy.

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