We have passed a law that provides a legal basis for using the frozen assets of people and companies that have contributed to Russian aggression as prepayment for damages that Russia has caused to Ukraine. The real work with its implementation still lies ahead, but a positive precedent has been created for Ukraine with the law proclaimed by President Alar Karis on May 30.
We must clearly show that aggression has a price and severe consequences. If the aggressor goes unpunished and does not have to compensate for the damage caused, it sends a message that aggression pays off.
Simply put, the legal solution developed by Estonia consists of the following steps. First, Ukraine must prove the damage caused and submit a claim to Russia to compensate it. If Russia does not fulfill Ukraine's demand within a reasonable time, Ukraine now has the opportunity to ask for compensation for the damage through assets frozen in Estonia. If Estonia agrees, an agreement is concluded between Ukraine and Estonia or between Estonia and the compensation mechanism.
To compensate the damage claim, the Ministry of Foreign Affairs will determine all the circumstances, carry out the procedure and decide on the use of the assets to compensate Ukraine for the damage caused by Russia. The Ministry of Foreign Affairs must also request the release of frozen assets and the freezing of compensation. Estonia will then transfer and realize the property and the money will be given to Ukraine. However, in accordance with the terms of the agreement between states, the owner of the frozen assets will have a right of claim to the compensation paid by Russia. Characteristic of the rule of law, the owner of the assets will have the right to challenge the use of their assets as compensation in the administrative court.