Sports lawyer Ilya Skoropashkin commented on Anatoliy Tymoshchuk's lawsuit against Ukraine in a commentary to the UkrainianFootballAssociation.
Ilya Skoropashkin- The decision of the National Security and Defence Council of Ukraine imposed a number of sanctions on Anatoliy Tymoshchuk. There are as many as 14 points. In particular, his assets (real estate, funds, cars) have been blocked, trade transactions with him, fulfilment of economic and financial obligations towards him have been completely suspended, and he has been deprived of state awards and other forms of recognition.
The grounds for imposing sanctions are actions that pose real or potential threats to the national interests, national security, sovereignty and territorial integrity of Ukraine. The banking sector is responsible for implementing the sanctions imposed by the government, which is obliged to monitor and block banking transactions of sanctioned persons. Accordingly, any actions in favour of such persons are suspended for the period of sanctions.
The status of an individual entrepreneur is only a status that gives the right to engage in entrepreneurial activity, but does not create a separate person. The law does not separate the property of a sole trader from the property of an individual. Tymoshchuk's ability to conduct business is also limited. Moreover, the sole proprietorship itself is not terminated, but the registration as a single tax payer is cancelled.
Tymoshchuk's complaint to the Court of Arbitration for Sport in Lausanne to cancel the UAF's decisions is based on the fact that he is not subject to the UAF Code of Ethics and Fair Play, as he does not work in football in Ukraine. CAS has the authority to review decisions of the UAF bodies and the UAF Dispute Resolution Chamber on appeal. But the Lausanne court's decision can also be appealed to the Swiss Federal Tribunal," the lawyer said.
