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Document 02014R0208-20200306
Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Consolidated text: Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
02014R0208 — EN — 06.03.2020 — 010.001
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COUNCIL REGULATION (EU) No 208/2014 of 5 March 2014 (OJ L 066 6.3.2014, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COUNCIL IMPLEMENTING REGULATION (EU) No 381/2014 of 14 April 2014 |
L 111 |
33 |
15.4.2014 |
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L 24 |
1 |
30.1.2015 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2015/357 of 5 March 2015 |
L 62 |
1 |
6.3.2015 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2015/869 of 5 June 2015 |
L 142 |
1 |
6.6.2015 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2015/1777 of 5 October 2015 |
L 259 |
3 |
6.10.2015 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2016/311 of 4 March 2016 |
L 60 |
1 |
5.3.2016 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2017/374 of 3 March 2017 |
L 58 |
1 |
4.3.2017 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2018/326 of 5 March 2018 |
L 63 |
5 |
6.3.2018 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2019/352 of 4 March 2019 |
L 64 |
1 |
5.3.2019 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019 |
L 182 |
33 |
8.7.2019 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2020/370 of 5 March 2020 |
L 71 |
1 |
6.3.2020 |
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Corrected by:
COUNCIL REGULATION (EU) No 208/2014
of 5 March 2014
concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Article 1
For the purposes of this Regulation, the following definitions apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after 6 March 2014, under or in connection with a contract or transaction, and includes in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefits of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale; and
documents showing evidence of an interest in funds or financial resources;
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.
Article 2
1. All funds and economic resources belonging to, owned, held or controlled by any natural or legal person, entity or body as listed in Annex I shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I.
Article 3
1. Annex I shall include persons who, in accordance with Article 1 of Decision 2014/119/CFSP, have been identified by the Council as being responsible for the misappropriation of Ukrainian State funds, and persons responsible for human rights violations in Ukraine, and natural or legal persons, entities or bodies associated with them.
1a. For the purposes of paragraph 1 persons identified as responsible for the misappropriation of Ukrainian State funds include persons subject to investigation by the Ukrainian authorities:
for the misappropriation of Ukrainian public funds or assets or being an accomplice thereto; or
for abuse of office as a public office-holder in order to procure an unjustified advantage for him- or herself or for a third party and thereby causing a loss to Ukrainian public funds or assets, or being an accomplice thereto.
2. Annex I shall include the grounds for the listing of natural or legal persons, entities and bodies concerned.
3. Annex I shall include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.
Article 4
1. By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of the natural or legal persons, entities or bodies listed in Annex I, and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or
necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks prior to authorisation.
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 5
1. By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
the funds or economic resources are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was included in Annex I, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and
recognition of the decision is not contrary to public policy in the Member State concerned.
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 6
1. By way of derogation from Article 2 and provided that a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or under an obligation that arose for the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources shall be used for a payment by a natural or legal person, entity or body listed in Annex I; and
the payment is not in breach of Article 2(2).
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 7
1. Article 2(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties onto the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.
2. Article 2(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 2 has been included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 8
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of such information.
2. Any additional information received directly by the Commission shall be made available to the Member States.
3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
4. Paragraph 3 shall not prevent Member States from sharing that information, in accordance with their national law, with the relevant authorities of Ukraine and other Member States where necessary for the purpose of assisting the recovery of misappropriated funds.
Article 9
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2.
Article 10
1. The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.
2. Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibitions set out in this Regulation.
Article 11
1. No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in Annex I;
any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).
2. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.
3. This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.
Article 12
1. The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation in particular information:
in respect of funds frozen under Article 2 and authorisations granted under Articles 4, 5 and 6;
in respect of violation and enforcement problems and judgments handed down by national courts.
2. The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.
Article 13
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 14
1. Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 2, it shall amend Annex I accordingly.
2. The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.
4. The list in Annex I shall be reviewed at regular intervals and at least every 12 months.
Article 15
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2. Member States shall notify the rules referred to in paragraph 1 to the Commission without delay after 6 March 2014 and shall notify it of any subsequent amendment.
Article 16
1. Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II.
2. Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.
3. Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.
Article 17
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or any vessel under the jurisdiction of a Member State;
to any person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 18
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
A.
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Name |
Identifying information |
Statement of reasons |
Date of listing |
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1. |
Viktor Fedorovych Yanukovych (Вiктор Федорович Янукович), Viktor Fedorovich Yanukovich (Виктор Фёдорович Янукович) |
born on 9 July 1950 in Yenakiieve (Donetsk oblast), former President of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
2. |
Vitalii Yuriyovych Zakharchenko (Вiталiй Юрiйович Захарченко), Vitaliy Yurievich Zakharchenko (Виталий Юрьевич Захарченко) |
born on 20 January 1963 in Kostiantynivka (Donetsk oblast), former Minister of Internal Affairs. |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets. |
6.3.2014 |
|
3. |
Viktor Pavlovych Pshonka (Вiктор Павлович Пшонка) |
born on 6 February 1954 in Serhiyivka (Donetsk oblast), former Prosecutor General of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
▼M8 ————— |
||||
|
▼M9 ————— |
||||
|
6. |
Viktor Ivanovych Ratushniak (Вiктор Iванович Ратушняк) |
born on 16 October 1959, former Deputy Minister of Internal Affairs |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. |
6.3.2014 |
|
7. |
Oleksandr Viktorovych Yanukovych (Олександр Вiкторович Янукович) |
Born on 10 July 1973 in Yenakiieve (Donetsk oblast), son of former President, businessman |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. |
6.3.2014 |
|
▼M4 ————— |
||||
|
9. |
Artem Viktorovych Pshonka (Артем Вiкторович Пшонка) |
born on 19 March 1976 in Kramatorsk (Donetsk oblast), son of former Prosecutor General, Deputy Head of the faction of Party of Regions in the Verkhovna Rada of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. |
6.3.2014 |
|
▼M8 ————— |
||||
|
▼M11 ————— |
||||
|
12. |
Serhiy Vitalyovych Kurchenko (Сергiй Вiталiйович Курченко) |
Born on 21 September 1985 in Kharkiv, businessman |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. |
6.3.2014 |
|
13. |
Dmytro Volodymyrovych Tabachnyk (Дмитро Володимирович Табачник) |
born on 28 November 1963 in Kiev, former Minister of Education and Science. |
Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. |
6.3.2014 |
|
▼M6 ————— |
||||
|
15. |
Serhiy Hennadiyovych Arbuzov (Сергiй Геннадiйович Арбузов), Sergei Gennadievich Arbuzov (Сергей Геннадиевич Арбузов) |
born on 24 March 1976 in Donetsk, former Prime Minister of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
15.4.2014 |
|
▼M7 ————— |
||||
|
17. |
Oleksandr Viktorovych Klymenko (Олександр Вiкторович Клименко) |
born on 16 November 1980 in Makiivka (Donetsk oblast), former Minister of Revenues and Charges |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office by a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. |
15.4.2014 |
|
▼M11 ————— |
||||
B. Rights of defence and right to effective judicial protection
The rights of defence and the right to effective judicial protection under the Code of Criminal Procedure of Ukraine
Article 42 of the Code of Criminal Procedure of Ukraine (‘Code of Criminal Procedure’) provides that every person who is suspected or accused in criminal proceedings enjoys rights of defence and the right to effective judicial protection. These include: the right to be informed of the criminal offence of which he has been suspected or accused; the right to be informed, expressly and promptly, of his rights under the Code of Criminal Procedure; the right to have, when first requested, access to a defence lawyer; the right to present petitions for procedural actions; and the right to challenge decisions, actions and omissions by the investigator, the public prosecutor and the investigating judge. Article 306 of the Code of Criminal Procedure provides that complaints against decisions, acts or omissions of the investigator or public prosecutor must be considered by an investigating judge of a local Court in the presence of the complainant or his defence lawyer or legal representative. Article 308 of the Code of Criminal Procedure provides that complaints regarding failure by the investigator or public prosecutor to respect reasonable time during the pre-trial investigation may be lodged with a superior public prosecutor and must be considered within three days of being lodged. In addition, Article 309 of the Code of Criminal Procedure specifies the decisions of investigating judges that may be challenged on appeal, and that other decisions may be subject to judicial review in the course of preparatory proceedings in Court. Moreover, a number of procedural investigating actions are only possible subject to a ruling by the investigating judge or a Court (e.g. seizure of property under Articles 167 – 175, and measures of detention under Articles 176 – 178 of the Code of Criminal Procedure).
Application of the rights of defence and the right to effective judicial protection of each of the listed persons
Viktor Fedorovych Yanukovych
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Yanukovych were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by letters of 26 September 2014 and 8 October 2014 concerning the sending of the written notification of suspicion, information that permission for a special pre-trial investigation in absentia was granted on 27 July 2015, a number of Court decisions relating to the seizure of property and by the fact that the decision of 27 September 2017 to suspend the criminal proceedings was open to appeal. The Council also has evidence on its file that a recent motion of the defence was granted on 30 September 2019.
Vitalii Yuriyovych Zakharchenko
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Zakharchenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 21 May 2018 and of 23 November 2018 granting permission to detain Mr Zakharchenko with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody. Moreover, the decision of 19 February 2019 on the suspension of the pre-trial investigation was open to appeal.
Viktor Pavlovych Pshonka
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Pshonka were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the fact that a written notification of suspicion was delivered on 22 December 2014, by the fact that the decision of 16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of 12 March 2018, 13 August 2018 and 5 September 2019 granting permission to detain Mr Pshonka with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.
Viktor Ivanovych Ratushniak
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Ratushniak were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 21 May 2018 and of 23 November 2018 granting permission to detain Mr Ratushniak with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody. Moreover, the decision of 19 February 2019 on the suspension of the pre-trial investigation was open to appeal.
Oleksandr Viktorovych Yanukovych
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Yanukovych were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by a number of Court decisions relating to the seizure of property and by the decision of the investigating judge of 27 June 2018 cancelling the resolution of the prosecution refusing to grant the motion of defence for closing the investigation.
Artem Viktorovych Pshonka
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Pshonka were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the fact that a written notification of suspicion was delivered on 29 December 2014, by the fact that the decision of 16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of 12 March 2018, 13 August 2018 and 5 September 2019 granting permission to detain Mr Pshonka with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.
Serhiy Vitalyovych Kurchenko
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Kurchenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the investigating judge of 7 March 2018 granting permission for a special investigation in absentia. Moreover, the defence was notified about the completion of the pre-trial investigation on 28 March 2019 and was provided access to the materials for familiarisation.
Dmytro Volodymyrovych Tabachnyk
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Tabachnyk were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the investigating judge of 8 May 2018 granting permission to detain Mr Tabachnyk with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.
Serhiy Hennadiyovych Arbuzov
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Arbuzov were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by a letter of 24 April 2017 concerning the sending of the written notification of suspicion, the decisions of the investigating judge of 19 December 2018, 18 March 2019 and 29 July 2019 granting the motion of the defence against inaction by the Prosecutor General’s Office, the decision of the investigating judge of 10 August 2017 granting permission for a special investigation in absentia and by the decisions of the investigating judge of 4 November 2019 and 5 November 2019 refusing the motions of the defence to set a deadline for completing the pre-trial investigation.
Oleksandr Viktorovych Klymenko
The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing.
The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Klymenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 1 March 2017 and 5 October 2018 granting permission for a special investigation in absentia, the decisions of the investigating judge of 8 February 2017 and 19 August 2019 granting a preventive measure in the form of detention in custody, and the ongoing process of familiarisation with the materials of the criminal proceedings by the defence.
ANNEX II
Websites for information on the competent authorities and address for notification to the European Commission
BELGIUM
https://diplomatie.belgium.be/nl/Beleid/beleidsthemas/vrede_en_veiligheid/sancties
https://diplomatie.belgium.be/fr/politique/themes_politiques/paix_et_securite/sanctions
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/101
CZECH REPUBLIC
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
http://www.mvep.hr/sankcije
ITALY
https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe
CYPRUS
http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/mesures-restrictives.html
HUNGARY
http://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdf
MALTA
https://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
https://www.gov.pl/web/dyplomacja
PORTUGAL
http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
https://www.gov.uk/sanctions-embargoes-and-restrictions
Address for notifications to the European Commission:
European Commission
Service for Foreign Policy Instruments (FPI)
EEAS 07/99
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu