Stefan Kadelbach, Paul Lorenz

Russische Vermögenswerte für den Wiederaufbau der Ukraine?

Section: Aufsätze
Volume 78 (2023) / Issue 17, pp. 729-738 (10)
Published 29.08.2023
DOI 10.1628/jz-2023-0241
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Summary
In light of the immense damages caused by the Russian attack on Ukraine, the question is increasingly being raised whether Russian foreign assets seized in G7, EU and allied states can be used to settle Ukrainian reparation claims. This is, from a legal point of view, a complex question, which the article deals with from the perspectives of constitutional, EU and international law. In this regard, it is not only necessary to assess the scope of the sanctions that have been imposed on Russia so far. A distinction must also be made as to which assets are targeted. The legal analysis addresses a wide spectrum ranging from the protection of human rights to the principles of state immunity, which, ultimately, have various implications. The article concludes that an expropriation of Russian foreign assets without any form of compensation raises serious legal concerns, whereas a seizure to secure Ukrainian claims to be settled in the future seems to be permissible.