Review

This article examines current legislative initiatives in Ukraine aimed at establishing criminal liability for violations of special economic and other restrictive measures (sanctions), as proposed in draft laws No. 4002, No. 5193, No. 8384, and No. 12406. The relevance of this study stems from the increasing threats to national and international security posed by the circumvention of sanctions through complex financial, legal, and cross-border schemes, as well as from Ukraine’s need to properly implement its obligations towards the European Union in the field of criminal prosecution for sanctions violations. The study of this issue is necessary to enhance enforcement mechanisms and to prevent impunity for sanctioned subjects. The purpose of the research is to identify the conceptual features, strengths, and weaknesses of each of the aforementioned draft laws and to assess the extent to which they comply with European approaches to the criminalization of sanctions violations, particularly in light of the implementation of Directive (EU) 2024/1226. The study involves a detailed formal legal and comparative legal analysis of the proposed legislative provisions. Special attention is paid to the definition and legal content of the notion of «substantial harm» as an element of the offence. The paper explores various approaches to defining the subject of the offence (whether it is a sanctioned person, any individual, or legal entity), and provides an in-depth examination of the objective and subjective elements of the offence. The analysis also assesses whether the draft laws ensure a proper distinction between criminal and administrative liability and whether they reflect internationally recognized standards of sanctions compliance. The methodological basis of the research consists of the application of formal legal, structural-systemic, comparative legal, prognostic, and dogmatic methods. This comprehensive methodological approach enabled a thorough evaluation of each initiative and a critical assessment of their capacity to establish an effective criminal law response mechanism. The study concludes that draft law No. 12406 is the most consistent with international standards, as it provides for a formalized offence structure, clear legal definitions, and mechanisms for exemption from liability in cases of voluntary disclosure of a violation. Other draft laws are fragmented in nature and fail to fully address the specific characteristics of sanctions circumvention as a socially dangerous phenomenon. The findings substantiate the need for a comprehensive reform of sanctions-related legislation, taking into account Ukraine’s international obligations, EU legal standards, and the criminal enforcement practices of EU Member States.