Chancellor of Justice: Condition for taking away property – person's own wrongful act

Chancellor of Justice Ülle Madise said that she agrees with President Alar Karis that the condition for the transfer of property is the person's own unlawful activity and the resulting damage, which is why the law primarily concerns those who have actively participated in the perpetration of military aggression or the violation of the rules of war.
President Alar Karis on Thursday proclaimed the law on the confiscation of Russian frozen assets, just passed by the Riigikogu, which some constitutional law experts have questioned.
Karis said that according to the law, property can be seized and used for compensation only from those whose connection to the illegal activity has been established and sufficiently proven. "Therefore, it is not enough to transfer assets simply because someone's assets have been frozen due to international sanctions," Karis said.
Madise explained that the head of state sees the fact that property is frozen due to EU sanctions as not sufficient for its confiscation, and that the law must be interpreted in such a way that the condition for confiscation of property is the person's own unlawful activity and the resulting damage, which is why it affects those who have actively participated in the commission of military aggression or violation of the norms of warfare.
"If the property of a person who could be deprived of his or her property under the new law is found in Estonia, that person may apply to the court, and the court will assess whether the transfer of the property was lawful and whether the compensation was prompt and fair," Madise said.
The Chancellor of Justice pointed out that the Estonian Constitution protects property very strongly, given the history of our nation. She recalled that the referendum resulted in the following decision:
"The property of every person is inviolable and equally protected. Property may be taken from the owner without his or her consent only in the public interest, in the cases and pursuant to a procedure provided by law, and for fair and immediate compensation. Everyone whose property has been taken from him or her without his or her consent has the right to bring an action in the courts to contest the taking of the property, the compensation, or the amount of the compensation."
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Editor: Marko Tooming, Kristina Kersa