At the moment, the bill can still be corrected.
Any court will be able to suspend the law on confiscation of property of Russian citizens, if it is adopted in the current version, says the head of the Center for Combating Corruption Vitaly Shabunin in his article for ZN.UA.
“This law has become, rather, a weapon that can explode in our own hands, creating minimal threats to the aggressor. In short, after the alleged confiscation, we Ukrainians will be forced to return the wealth confiscated from the Russians and their oligarchs, and even more – to pay compensation for such confiscation, “he said.
According to the law, the decision on confiscation will be made by the National Security and Defense Council of Ukraine. However, according to Article 41 of the Constitution of Ukraine, confiscation of property, even in martial law, can only take place by court decision.
“Suppose the National Security and Defense Council confiscated the Russian oligarch's property, and a judge, given the ongoing war, dares to turn a blind eye to such a violation of the Constitution and upholds the NSDC's decision to confiscate his assets. Unfortunately, this is not the end of the matter. This only opens the way for such an oligarch to the European Court of Human Rights, “said the expert.
He stressed that Ukraine is guaranteed to lose such a case in the European Court of Human Rights. contrary to its own Constitution, does not guarantee the person whose property is confiscated the right to a fair trial and the right to property. By revoking such arbitrary decisions, the ECtHR will not only oblige Ukraine to return confiscated property (or its equivalent in monetary terms), but also oblige us to pay a fine for violating these rights, “Shabunin said. p>
On ways to resolve a possible legal conflict over the law on confiscation of property of Russians in Ukraine, read in the material of Vitaly Shabunin “ Avoid a shot in the leg: what needs to change in the procedure of confiscation of property of Russians and collaborators “./p>
