An interview of Mr. Koev for Bulgarian international media 24hours from 11th February, 2022.
The imposition of sanctions protects democratic principles and puts pressure on regimes that are a threat to human rights and international peace, but this tool must be used carefully because it can have unforeseen “side effects” and must also be part of a more complex actions – no power has fallen simply because punishments have been imposed on it.
Stanislav Koev, attorney-at-law, has over 10 years of experience in sanction legislation. Koev&Co Law office represents sanctioned persons before the authorities of the European Union, USA, Great Britain and Switzerland.
Read the full statement below:
– Mr. Koev, what are the sanctions currently imposed in the EU?
– Sanctions imposed by the European Union are the actual instrument for implementing the policies of the Union after the relevant decision has been taken by the Council of the European Union. Usually, they are related to a certain political situation, decisions or actions of the governing authority in the country concerned, regarding significant violations of human rights, violence against the civilian population, obstruction of the right to peaceful protests, ethnic cleansing, genocide, violations of territorial integrity, etc. . They represent a limitation of the possibility of natural persons, on whom they are imposed, to reside or transit through the territory of the Union and lead to the freezing of all their financial and economic assets located in the territory of the EU. The grounds are usually that these individuals support and finance the country’s political system or derive benefits from it.
On the other hand, imposing sanctions on banks, state institutions, public and private companies prevents the sanctioned persons from financing or carrying out transactions with a certain type of goods, most often weapons, ammunition, dual-use goods and energy sources. The purpose of the sanctions is to protect the generally accepted principles of democracy and the rule of law, and to influence the relevant governing political system in that country, forcing it to take action to restore peace, preserve the health and lives of its citizens, introduce of democratic standards.
– Is the applied mechanism for imposing sanctions working in your opinion?
– We have been dealing with cases in the field of sanctions imposed by the EU for over 10 years. At the beginning, we focused on the representation of citizens – businessmen and political figures, as well as companies and legal entities subject to sanctions imposed along the so-called Arab Spring after 2011. Today, due to the increased use of this tool by the Council of the European Union, people and organizations from many more countries need protection, including citizens and individuals of the Russian Federation and Belarus.
So far, we have not witnessed the fall of any power as a result of the sanctions regimes. At the same time, it cannot be denied that they deprive the ruling political system of access to financial and economic resources, weapons and ammunition, which improves the situation of the peaceful population in the respective country and contributes to the observance of human rights.
– What should be the approach of the European Union in the imposition of sanctions?
– First of all, the sanctions should have a clear purpose – what is being pursued with them and in what period do we expect this to happen. The endless extension of their validity periods renders their imposition meaningless and compromises the political position of the Union. The approach should be strictly individual with a complete analysis of the activity of the person subject to the sanctions, supported by real and indisputable facts and evidence. As much as the imposed measures could contribute to the distancing of certain persons from the political and business life of a given country, they could also unreasonably harm these persons, which is a measure disproportionate to the desired effect. Sanctions that aim to protect the life and health of the civilian population in a country should not result in limiting the sanctioned person’s access to life-saving medical care, as was the case here.
On the other hand, the EU should improve its mechanisms for checking and controlling the imposed sanctions. Sanctioned persons should have the possibility of legal protection within the framework of accelerated procedures and deadlines. At the moment, the legal procedure, including the two-instance proceedings before the Luxembourg Court, takes more than two years.
In addition, in our practice we have witnessed situations in which sanctions are imposed not because of specific actions of individuals, but because of their social and economic status. As an example, I would like to give a case where our client was sanctioned on the grounds that he was a “successful and well-known businessman” in his country. The EU Court of Justice in Luxembourg, in a case led by us, issued a decision obliging each case of a sanctioned person to be considered strictly individually. This practically means that the Court did not allow the Council of the EU to impose sanctions on persons who were successful businessmen in their countries, only because of this fact, and the Council is obliged to have evidence of the existence of specific actions by which the sanctioned person supports the rulers of his country or participates in repression against the civilian population.
As I have already said, before any sanctions are imposed, the type and scale of the measures to be taken should be carefully considered. Also, an individual assessment of the situation and behavior of each of the persons to be sanctioned must be made. Sometimes the measures can cause more harm than good because the Union does not offer any alternative for the sanctioned person. In an attempt to protect himself, the sanctioned is often forced to distance himself from the political administration of his own country, which usually leads to immediate reprisals and from the political system there itself. Given that his ability to travel and his access to funds are completely restricted, he has no choice but to remain in his country, where he and his family will be persecuted by the local authorities.
– If we return to the context with Russia and relations with the EU at the moment, what should the Council of the EU take into account before deciding whether to impose further and additional sanctions on Russia?
– The European Union should be extremely careful when making a decision to expand the circle of sanctioned persons from Russia. In connection with the situation in Ukraine, financial and other measures have already been imposed on 185 individuals and 48 entities that the EU considers responsible for undermining the territorial integrity, sovereignty and independence of Ukraine. In the past few days, both the United States and the United Kingdom have announced that they are ready with the new measures they plan to impose on Russian politicians and other individuals. The EU must think carefully about its actions, because sanctioning a wider range of individuals hides pitfalls for both the European economy and the Union’s banking system. The two economies – the Russian and the EU’s – are closely linked, and we should not forget the fact that Europe is highly dependent on Russian energy sources. On the other hand, the imposition of sanctions on political figures will automatically result in hindering the opportunities for dialogue and diplomatic relations between the disputing parties. Negotiations are always the better choice than any sanctions or military action. The Union’s clear position, expressed in clarifying the necessity of the imposed sanctions, the objectives they pursue and the time limits for which they are imposed, will contribute to their effectiveness and strengthen the status of the European Union at the same time, both as a world leader and as a guarantor to comply with the international legal order established by the relevant international treaties.
You can access the interview here: https://www.24chasa.bg/bulgaria/article/10859933