Legality of Russian assets confiscation law controversial
Experts disagree on the legality of the law adopted by the Riigikogu on the confiscation of Russian assets. At the same time, they agree that its implementation will be difficult and time-consuming. President Karis has yet to decide whether or not to promulgate the law, and the next few weeks will be full of difficult discussions.
A law passed by the Riigikogu this week allows the use of assets of Russian citizens and companies frozen by sanctions to compensate Ukraine for damages. According to Paloma Krõõt Tupay, associate professor of constitutional law at the University of Tartu, this may be unconstitutional.
"These are private individuals who own certain assets: certain ships, expensive cars. The question is, how do we make the link (that) this person is responsible for their country with their assets?" Tupay said.
"At least as long as these sanctions are in place – the G7 said that as long as Russia has not compensated for the war damage, the sanctions will remain in place – I think it might not be unconstitutional, as these individuals would not be able to use the property anyway. Should they sell it and receive a certificate formally equivalent to an asset, it could potentially meet constitutional requirements," lawyer Norman Aas said.
According to Aas, countries were generally concerned about the impact such a decision could have on the international legal order and on trust between states. However, this is a political rather than a legal argument, he said.
"It seems to me that the discussions are very abstract; nobody dares to take the first step. Estonia has done it. Of course, it will take some time before it is actually implemented, before the first assets are sold, because there are certain international agreements that need to be signed beforehand," Aas said.
At the same time, Tupay emphasized that in a constitutional state, rights apply equally to all. If there is a suspicion that someone has obtained their property in a criminal way, it has to be proven, which is extremely difficult in this case.
"So that at some point the same thing is not done to us: that our policy is not liked by others, and that is why, for example, they don't protect, or do not respect the interests of Estonia, the interests of Estonian companies elsewhere," Tupay said.
Tupay said it is likely that the President will reject the law, or if he does not, then the chancellor of justice will challenge it.
The president's office said the president and his legal counsel are now in difficult discussions. A decision is expected by the end of May. The Chancellor of Justice will then also give her opinion.
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Editor: Marko Tooming, Kristina Kersa
