Currently, several individuals who fell under European sanctions are trying to challenge them in the EU court. Among the Russians, it is worth highlighting Mikhail Gutseriev, who fell under sanctions in June to provide material support to the Lukashenko regime. Gutseriev’s British lawyers believe that the EU Council mistakenly considered the plaintiff the corresponding criteria from the law that allow you to impose sanctions due to the situation in Belarus, and also interprets the concept of “material support for the regime”. As in most cases with sanctions against Russians, many are convinced that Gutseriev has no chance. However, the fresh practice of the EU court gives hope for a successful outcome.
So, on November 24, the sanctions were removed from the Syrian Khaldun Zubi, who managed to prove that his connection with the ruling regime of Bashar al -Assad was not proved, as well as the benefits that he receives from him.
This year there were other cases-in July, the EU court made decisions in favor of the former Prosecutor General of Ukraine Viktor Pshonka, his son Artem Pshonka, as well as former Prime Minister of Ukraine Sergey Arbuzov. The sanctions were lifted even despite the criminal cases opened against them in Ukraine for illegal assignment of funds. The EU court was not convinced that the Ukrainian court was held within a reasonable time and with respect the right to defense and a fair trial. Thus, the court drew attention not only to contact with the ruling regime, but also to formal details.
So, sanctions are a political instrument, with which European officials often forget about the formal side of the issue, as well as the rational rights and interests of citizens against which sanctions are imposed. But the EU court does not forget about such values, which means that Gutseriev may well become Russian Zubi or a pshonka. And other Russian businessmen will definitely follow him.
“ВЧК ОГПУ”