THE ROLE OF FORENSIC EXPERT ACTIVITY IN THE IMPLEMENTATION OF THE SANCTIONS POLICY IN UKRAINE

Abstract

This article examines the role of forensic experts in implementing the state’s sanctions policy amid the Russian Federation's full-scale armed aggression. It analyses contemporary scholarly approaches to understanding the nature and place of sanctions within the system of public administration. It is evident that sanctions are a vital tool for ensuring national security, the effectiveness of which hinges significantly on adequate information, analysis, and evidence. Particular attention is devoted to researching the role of forensic examination in identifying foreign components used in Russian weapons systems. It has been demonstrated that a significant proportion of these components are dual-use goods. Identifying these goods and determining their manufacturers, countries of origin, production dates and other vital data forms the basis of the evidence required to apply, expand and reinforce sanctions restrictions. The study analyses the activities of international institutions and initiatives in the field of sanctions policy. These include the List of Common High Priority Items (CHPL), the Tallinn Paper on Assessing the Effect of Sanctions and the activities of Conflict Armament Research (CAR). It also examines the European Union's sanctions response practice, including the interim package of sanctions against the Russian Federation, which was introduced on June 15. The emphasis of this study is directed towards the activities of the institutional actors responsible for the implementation of the state's sanctions policy. The proposed classification of these actors encompasses the following: entities initiating the application, amendment, or revocation of sanctions; entities responsible for decision-making regarding the application of sanctions; entities implementing and enforcing sanctions decisions; and entities providing informational, analytical, and evidentiary support for sanctions policy. The authors propose a novel definition of the concept of 'expert support in the field of the implementation of the state's sanctions policy'. This is defined as a complex of scientific, methodological, organisational, and procedural measures carried out by actors of forensic expert activity. The aim of these measures is to identify, document, examine, and evidentially confirm facts that can serve as a basis for the application, expansion, reinforcement, or revision of sanctions restrictions.