During the roundtable ‘Seizure and Confiscation of Russian Assets: Effectiveness of Mechanisms’ organised by the Ukrainian Bar Association and the Network for the Protection of National Interests ‘ANTS’, the Head of the ILI Tetiana Khutor presented 5 steps that will bring compensation for losses at the expense of the aggressor country and its accomplices closer
In order to make the aggressor pay for the war, it is necessary to introduce an effective legal mechanism. So far, Ukraine's partner states do not have any established models. The Institute of Legislative Ideas is actively advocating the most realistic steps among representatives of foreign countries and the public.
Here are 5 steps that can be the most effective to compensate for the aggressor's losses:
1. Audit all Russian assets and synchronise data. Ukraine and partner countries should identify and freeze not only the assets of the Central Bank, but also the property of the aggressor country and companies in which Russia has a stake.
2. Criminalise sanctions evasion and monitor compliance with sanctions regimes. These steps will help to avoid asset shifting and enable the legal confiscation of the objects of such a crime.
3. Improve existing and introduce special civilian procedures for confiscation of assets of war collaborators: Ukraine may apply to foreign states for recognition and enforcement of HACC decisions and for the recovery of foreign assets.
4. Effective management of frozen assets. It is important to strengthen the capacity of authorised asset management agencies.
5. Global compensation mechanism through a multilateral international agreement
More information on the situation with compensation for losses and confiscation of Russian assets can be found on our Confiscation Tracker, an interactive website that displays up-to-date information on amounts, legislation, court decisions and political positions of countries on confiscation.