The Grand Chamber of the Supreme Court reviewed the case with regard to the conclusions of the ECHR in the LLC case against Ukraine and returned it for a new hearing to the Administrative Cassation Court of the Supreme Court
On June 23, the Grand Chamber of the Supreme Court satisfied the application of LLC “M.S.L.” for review under exceptional circumstances of judicial decisions made in case No. 800/162/16 concerning its claim challenging the Decree of the President of Ukraine regarding the imposition of personal special economic and other restrictive measures (sanctions) against it. This was reported by the Supreme Court.
The basis for appealing the judicial decisions under exceptional circumstances was the decision of the European Court of Human Rights dated October 16, 2025, in the case “LLC 'M.S.L.' v. Ukraine,” in which the ECHR found that Ukraine violated the rights guaranteed by Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 13 of the Convention in connection with the blocking of its assets, which was not accompanied by sufficient procedural safeguards against arbitrariness, as well as the absence of an effective national remedy for legal protection in connection with its complaints.
According to the conclusions of the ECHR in the case “LLC 'M.S.L.' v. Ukraine,” judicial review in cases concerning the application of sanctions must necessarily include establishing and assessing the factual basis of the decision to impose sanctions and verifying whether such a decision is arbitrary.
Taking into account the conclusions of the ECHR and the nature of the violations of the Convention it established, the Grand Chamber of the Supreme Court concluded that an appropriate measure to restore the violated rights of the company would be the implementation of the principle of restitutio in integrum in this case.
Therefore, based on the results of considering the company's application, the Grand Chamber of the Supreme Court decided to cancel the decision in case No. 800/162/16 and to refer the case for a new hearing to the Administrative Cassation Court of the Supreme Court.
The decision of the Grand Chamber of the Supreme Court dated June 23, 2026, in case No. 800/162/16 will be available for review after its publication in the Unified State Register of Court Decisions.
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