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Ruling of the Second Senate of the Constitutional Court of Ukraine on Refusal to Open Constitutional Proceedings in the Case of the Constitutional Complaint by Viacheslav Oleksandrovych Bohuslaiev Regarding the Compliance with the Constitution of Ukraine (Constitutionality) of Part Two of Article 1 of the Law of Ukraine “On Sanctions”

The Constitutional Court of Ukraine refused to open proceedings on the complaint of Bohuslaiev V.O. regarding the constitutionality of part 2 of Article 1 of the Law of Ukraine “On Sanctions”, which defines the range of subjects to whom sanctions may be applied. Structurally, the ruling consists of three main parts: 1) presentation of the essence of Bohuslaiev V.O.’s complaint; 2) analysis of court decisions in the applicant’s case; 3) substantiation of the refusal to open proceedings. Key provisions of the ruling:

• The Constitutional Court established that in the final judicial decision in Bohuslaiev’s case (resolution of the Appellate Chamber of the High Anti-Corruption Court), the contested legal norm was not applied

• The Appellate Court directly indicated that sanctions are applied to individuals regardless of their citizenship based on other articles of the Law (3, 4, 5, 5-1)

• Since the contested norm was not applied in the final judicial decision, the constitutional complaint was deemed inadmissible in accordance with paragraph 4 of Article 62 of the Law on the Constitutional Court of Ukraine

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