"Based on initial analysis, I agree with the president in that there is nothing to suggest assets that could be taken from the owner under this law exist in Estonia. I must agree with the head of state also in that freezing property due to European Union sanctions is not sufficient grounds for confiscation. The law must be interpreted to mean that the condition for expropriation is the owner's own unlawful activity and the resulting damage, thus affecting those who have actively participated in military aggression or violated the rules of war," wrote Chancellor of Justice Ülle Madise in her response.

"If property belonging to an individual, which could be seized under the enacted law, is found in Estonia, the individual has the right to go to court. The court will then assess whether the expropriation is lawful and whether the compensation was immediate and fair. If such cases arise, constitutional review proceedings may be necessary," the chancellor added.

"In the referendum, it was decided that 'Everyone's property is inviolable and equally protected. Property may be expropriated without the owner's consent only in cases and procedures provided by law in the public interest for just and immediate compensation. Anyone whose property has been expropriated without their consent has the right to go to court to challenge the expropriation, the compensation, or its amount,'" the justice chancellor pointed out.

"Whether initiatives that may harm the rule of law are beneficial for Estonia's foreign policy is not for the chancellor of justice to decide. However, it is clear that effective methods must be found to punish the perpetrators of crimes and ensure compensation for the victims of aggression from those responsible for the damage," Madise emphasized in her conclusion.

Varro Vooglaid, a member of the Conservative People's Party (EKRE) faction in the Riigikogu, asked Madise to evaluate the compliance of the law amending the International Sanctions Act and other associated acts with the Estonian Constitution. The Riigikogu passed the law on May 15, and President Alar Karis proclaimed it on Thursday, May 30.

Vooglaid argued that the law seriously calls into question respect for the inviolability of private property and that no risk analysis was conducted during the drafting of the bill regarding potential countermeasures by Russia, their impact on Estonia and broader risks for Estonia.

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