Restrictions on the Rights of Residents of the Russian Federation regarding their property and legal grounds for recovery of such property in favor of Ukraine

On June 24, 2022, the Ukrainian branch of the International Law Association, Aktio-Expert International Institute together with the National Institute of Strategic Studies held an online conference on the topic "Restrictions on the Rights of Residents of the Russian Federation regarding their property and legal grounds for recovery of such property in favor of Ukraine".
Restrictions on the Rights of Residents of the Russian Federation regarding their property and legal grounds for recovery of such property in favor of Ukraine

Under the moderation of the director of the National Institute of Strategic Studies, Prof. Oleksandr BOHOMOLOV, foreign members of the AMP, domestic international lawyers, as well as representatives of the bar community from Great Britain, South Africa and Japan took an active part in the event.

In the introductory speech, Prof. Oleksandr BOHOMOLOV emphasized the importance and relevance of the conference topic in the light of the armed aggression against Ukraine, which is currently ongoing. Oleksandr BOHOMOLOV emphasized that he is sure that Ukraine will win the military conflict, but this victory has a very high price. This victory, according to Oleksandr BOHOMOLOV, should take place within the legal field, in compliance with the principles of international law. Therefore the contribution of scholars in accelerating the victory is obvious, thanks to their theoretical work on the problems of a social, economic and political nature that arise as a result of armed aggression against Ukraine.

The scientific secretary of the Ukrainian branch of the ILA, candidate of jurisprudence, made a speech. Nataliia HUTS, who noted that the activities of such enterprises that cooperated with the Russian Federation before the war are hampered by devastating consequences of the war and other factors, which in many cases can lead to the complete impossibility of their functioning. Such factors, in particular, include the possibility of forced confiscation of property, sanctions, restrictions on the movement of funds, and the impossibility of carrying out corporate transactions that require notarization.

Oksana MARKYEEVA, Head of the Department of State and Public Security of the Center for Security Studies of the National Institute of Strategic Studies, during a discussion after the report, noted the importance of the influence of the political aspect on the situation related to armed aggression against Ukraine. In her opinion, the security of the state and society is not an end in itself, but only a function of ensuring the freedom and security of a specific individual, while political will plays an important role in this process.
Restrictions on the Rights of Residents of the Russian Federation regarding their property and legal grounds for recovery of such property in favor of Ukraine

Director of the War Crimes Research Center at the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Doctor of Law. Mykola SIRIY noted that the unlawful and unprovoked large-scale aggression of the Russian Federation against the independent and sovereign state of Ukraine is characterized by the mass commission of war crimes by the Russian military, including the shooting of prisoners of war, the murder and torture of civilians, sexual violence, indiscriminate shelling of civilian objects (private households, schools, hospitals, cultural institutions, religious buildings), large-scale destruction of settlements, life support infrastructure facilities. These and other facts have already been confirmed not only by Ukrainian law enforcement and judicial bodies, but also by numerous foreign organizations. The economic and restrictive sanctions imposed on the Russian Federation and its residents in response to military aggression are fully justified. The specificity of the Russian reality lies in the fact that the dominant part of the Russian economy was deeply integrated into the state structure, centrally directed by the political autocratic center and used in the policy of intimidation, pressure, coercion, and bribery. Russian business entities are only "on paper" self-reliant and independent. The proactive position of limiting Russian business in Ukraine, which has long been a part of the totalitarian system, is fully in line with democratic goals. The task of the government of Ukraine and the governments of other democratic countries is to establish factual links between Russian business structures and the Russian policy of military aggression on the basis of thorough research and legal evidence. War criminals and their sponsors must be punished justly.

The judge of the Supreme Court of Ukraine, Bohdan POSHVA, emphasized that Ukraine is a democratic state governed by the rule of law, which has been steadfastly confirming its commitment to the ideals of the rule of law for a long time. The Ukrainian government forms a response to the challenges of full-scale Russian aggression in close cooperation and interaction with the governments of other democratic states. The Ukrainian state carefully compares its every step with the main positions of leading international organizations. Carrying out its protection and protection of civilizational values from military totalitarian aggression, Ukraine steadfastly adheres to the fundamental principles of law and acts, exclusively, within the limits of legal procedures. This fully applies to the implementation of restrictions applied to Russian business structures that finance the war machine of the aggressor country.

Reina Maria van PALLANDT, senior litigation lawyer at Prospect Law Ltd, explained how the process of freezing Russian assets in connection with Russia's war against Ukraine is taking place in Great Britain.

Svitlana VASILYOVA, Research Administrator of VR Law Incorporated, supported the discussion and noted that during the application of sanctions against one or another state, it is necessary to respect the rights and freedoms of its citizens.

Prof. Kazuhiro NAKATANI, general secretary of the ILA branch in Japan, professor of the higher schools of law and politics at the University of Tokyo, emphasized that under the introduction of sanctions, restrictions on the rights of residents of the Russian Federation regarding their property and the legal grounds for applying for such property in favor of Ukraine, it is necessary to comply with the European convention on human rights and not to go beyond its limits during the seizure of property, first of all, of natural persons who are residents of the Russian Federation.
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