INTEGRITES Partner and Head of Cross-Border Litigation Dmytro Marchukov spoke at the webinar «Sanctions, Liability and Managing Risk». It was held on June 16, 2022, as a part of the Dublin International Disputes Week 2022.
The panel of speakers also included Audrey Byrne (Ireland), Simon Osborn-King (UK) and Nicholas P Silverman (U.S.). The panellists discussed the current framework for sanctions in each of their respective jurisdictions, the approach to enforcement and what issues need to be considered by GCs and outside counsel when working across the borders.
Dmytro Marchukov has covered the subject matter from the Ukrainian perspective. In particular, he has addressed the following:
- Restrictions on dealings with the EU, UK and US (as opposed to dealings with Ukraine) are more tangible for russia and its continuous aggressive attempts to occupy the Ukrainian territory.
- The crucial points are stricter compliance with the sanctions regime, as well as pumping up the sanctions instead of lifting or relaxing them prematurely.
- The need to use the frozen russian assets to the benefit of those in Ukraine who have suffered from russians’ war against it.
- Recognition of russia as a sponsor of terrorism is likely to become relevant, inter alia, because of creating, supporting and even promoting its dependant proxies (“DPR” and “LPR”).
- Proper ideal scenario should imply lifting the sanctions only after the end of all the hostilities and complete de-occupation of Ukraine coupled with adoption of the efficient mechanism for compensation of colossal damage, which has been / is being caused by the russians' large-scale aggression.
Dmytro Marchukov: «Sanctions are the response of many countries to the russians’ shameful aggression against Ukraine since 2014. It is also an instrument of economic pressure on the aggressor and its resource base, as well as simply the moral choice for the civilised world to cut ties (to the extent possible) with the “empire” whose priorities are decades – if not centuries – behind those of the modern developed countries. The idea of our webinar was to consider the sanctions from the perspectives of the core jurisdictions involved in trying to stop the russians' war crimes in Ukraine».