EU’s Court of Justice revokes decision to restore sanctions against Azarov

EU’s Court of Justice revokes decision to restore sanctions against Azarov

Ukrinform
By its decision of December 16, 2020, the Court of Justice of the EU annulled the decision of the Council of the European Union of March 2019 to preserve restrictive measures against former prime minister of Ukraine Mykola Azarov.

"It has not been established that the Council [of EU], prior to the adoption of the acts impugned [by Azarov], ensured that the Ukrainian judicial administration complied with the rights of defense and the applicant's right to effective judicial protection in the criminal proceedings to which he referred. It follows that, having decided to keep the applicant's name on the [sanctions] list, the Council made an error in its assessment,” reads the judgment.

In view of this, the Decision of the Council of the EU in the field of the common foreign and security policy of March 4, 2019 to amend the Decision concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine was canceled in part concerning Mykola Azarov as his name was listed among persons to whom these restrictive measures apply.

By the same decision, the Court ordered the Council of the EU to pay the costs as the losing party.

As reported, in the Decision of the Council of EU 2020/373 of March 5, 2020, which extended restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine until March 6, 2021, Paragraphs 11 and 18 of the sanctions lists relating to Mykola Azarov and Eduard Stavytsky were deleted.

Instead, the Decision of the Council of EU contains a separate section that reflects the provisions of Ukrainian law and states that the right to protection during the trial of other persons included in the sanctions list, including Viktor Yanukovych, Oleksandr Yanukovych, Vitaliy Zakharchenko, Viktor Pshonka, Artem Pshonka, Viktor Ratushnyak, Serhiy Kurchenko, Dmytro Tabachnyk, Serhiy Arbuzov and Oleksandr Klymenko, was respected.

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