SANCTIONS AS A PUBLIC-LEGAL INSTRUMENT OF RESTRICTION OF PROPERTY RIGHTS

Abstract

The article examines sanctions as a specific public law instrument for restricting property rights under current security challenges caused by armed aggression, terrorist threats, and the need to protect the national interests of the state. It is substantiated that sanctions, by their legal nature, do not constitute a form of criminal punishment or classical legal liability, but function as special restrictive measures of a preventive character aimed at preventing harm to national security, sovereignty, territorial integrity, and the economic stability of Ukraine. The study analyzes the legal framework for the application of sanctions, the peculiarities of their subject composition, the procedure for their imposition, as well as the legal consequences of asset blocking as one of the most tangible forms of interference in the sphere of property rights. It is established that sanctions have a distinct administrative-law character, since they are implemented within the sphere of public administration, applied by authorized public authorities, and aimed at the temporary restriction of the exercise of certain powers of the owner without termination of the right of ownership itself. Particular attention is paid to legal conflicts arising from the application of sanctions within private law relations, in particular with regard to the joint common property of spouses, the performance of contractual obligations, the enforcement of court decisions, and the correlation between public interest and the protection of the rights of bona fide co-owners and counterparties. It is proved that the practical application of sanctions requires compliance with the principles of proportionality, legal certainty, and a fair balance between the interests of national security and guarantees of property rights. It is concluded that sanctions should be regarded as an independent public law mechanism of state response that requires further normative clarification and coordination with civil law constructions in order to minimize legal conflicts in law enforcement practice.