International Courts: Ukraine is Entering a Rough Patch

Translated by Ollie Richardson & Angelina Siard



Perhaps, at first we need to recall an anecdote. The one that ends with the words: “Remember, we talked about how rough and smooth patches alternate in life? So, it turned out that at that time I had a smooth patch!”

And so it’s like that in Ukraine also, where the vast majority of the population believed that in 2014-16 they had to overcome the adversity of rough patches in life. But it looks like dark times for Ukraine are still ahead. And the introduction of sanctions against Russia that Poroshenko and his entourage insist on, in the near future, can also turn against the Kiev regime.

“And what did we do to deserve this?” – in full accordance with national customs, “we are European” will be surprised, who didn’t believe that, Donald Trump, who isn’t the greatest sympathizer to Ukraine, came to power. I hasten to assure them: a reason will be found to deserve it! The first reason is for not understanding that at first you have to think, before pushing your head in the noose.

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A whole four years ago, analyzing the association agreement of Ukraine with the EU, I drew attention to the fact that after it was signed, Kiev will be obliged not just to change all its legislation so that it fully coincides with the European one, but also to unconditionally vote for each new law, instruction, directive, born in the depths of European governance structures. And environmental legislation will become one of the levers of pressure on the Ukrainian economy.

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And now Aleksey Ryabchin complains that the failure of a vote in Parliament on the environmental bill threatens Ukraine with fines and sanctions. “And not only because this is the environment and the country’s prestige, but because against us, as against the countries of the Energy community, a member of which we are, the procedure of non-compliance was opened, which will threaten us with the infringement procedure, I.e, the inconsistency of our legislation to the European one. It is clearly spelled when we need to implement it. I.e. within 2 months. If we don’t vote for the return of the Committee, but also do not implement these laws entirely, then we will have very serious problems with the European community. To the extent that there will be fines, sanctions, and other things,” reports Ryabchin.

Alas, to sign a membership agreement and not to pay membership fees is an ancient game of Ukrainian officials. The number of international unions, organizations and associations where Ukraine is listed as a member or observer, but does not pay for the membership, is measured in the tens. At this time, in several of these organizations Ukraine is either denied the right to vote, or even eliminated. To the extent that the United Nations, where last year Ukraine was elected a non-permanent member of the Security Council, warned the Kiev government that it will be deprived of votes as soon as the debt will reach the size of a two-year contribution.

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Listening to the statements of Ukrainian politicians, it is impossible to escape the thought that they are obsessed with the desire to quarrel with the largest possible number of international organizations. Even those that are extremely useful for Ukraine. As, for example, the OSCE, the mission of which in Donbass a long ago became blind, deaf, and dumb when it is an issue about recording Ukrainian military shelling of the territory of the DPR and LPR. Recently the Vice-speaker of the Parliament of Ukraine Irina Gerashchenko not only resented the report of the OSCE observers on the parliamentary elections in Russia, but craved that this international organization recognized their report as not corresponding with reality. How the OSCE will react to such insolence, we can only guess.

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But this gaff, at least is at least not associated with monetary costs. Worse news comes from London, where the High Court started consideration of the claim of Ukraine concerning the unpaid Russian loan, issued in December 2013. As was explained by the managing partner of the Chicago law company “Law Office of Fedor Kozlov & Associates” Fedor Kozlov, “the court did not use procedural norms that allows it to consider the matter in a simplified manner at the preliminary stage. This step is used if the position of plaintiff is not supported by sufficient grounds. If Kiev refuses to recognize the court verdict, it may result in the imposition of penalties on Ukrainian assets in the UK. The unfulfillment by Kiev of the decision of the High Court of London may also close for Ukraine access to credit of British banks, or a penalty can be imposed on already allocated funds”.

And next – consideration by the Stockholm arbitration of the “Gazprom” claim against Ukraine, where the amount of the claim is measured in tens of billions…

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