(a) "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:(i) a claim for performance of any obligation arising under or in connection with a contract or transaction; (ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (iii) a claim for compensation in respect of a contract or transaction; (iv) a counterclaim; (v) 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;
(b) "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; (c) "competent authorities" means the competent authorities of the Member States as identified on the websites listed in Annex II; (d) "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; (e) "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; (f) "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; (g) "funds" means financial assets and benefits of every kind, including, but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; and (vii) documents showing evidence of an interest in funds or financial resources;
(h) "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.
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
Modified by
- Council Implementing Regulation (EU) No 381/2014of 14 April 2014implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32014R0381, April 15, 2014
- Council Regulation (EU) 2015/138of 29 January 2015amending Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0138, January 30, 2015
- Council Implementing Regulation (EU) 2015/357of 5 March 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0357, March 6, 2015
- Council Implementing Regulation (EU) 2015/869of 5 June 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0869, June 6, 2015
- Council Implementing Regulation (EU) 2015/1777of 5 October 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R1777, October 6, 2015
- Council Implementing Regulation (EU) 2016/311of 4 March 2016implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32016R0311, March 5, 2016
- Council Implementing Regulation (EU) 2017/374of 3 March 2017implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32017R0374, March 4, 2017
- Council Implementing Regulation (EU) 2018/326of 5 March 2018implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32018R0326, March 6, 2018
- Council Implementing Regulation (EU) 2019/352of 4 March 2019implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in UkraineCorrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine(Official Journal of the European Union L 64 of 5 March 2019), 32019R035232019R0352R(01), March 5, 2019
- Commission Implementing Regulation (EU) 2019/1163of 5 July 2019amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures, 32019R1163, July 8, 2019
- Council Implementing Regulation (EU) 2020/370of 5 March 2020implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32020R0370, March 6, 2020
- Council Implementing Regulation (EU) 2021/391of 4 March 2021implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32021R0391, March 5, 2021
- Council Implementing Regulation (EU) 2021/2152of 6 December 2021implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32021R2152, December 7, 2021
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, 32014R0208R(02), March 11, 2014
- Corrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32019R0352R(01), March 28, 2019
(a) for the misappropriation of Ukrainian public funds or assets or being an accomplice thereto; or (b) 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.
(a) 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; (b) intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or (d) 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.
(a) 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; (b) 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; (c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and (d) recognition of the decision is not contrary to public policy in the Member State concerned.
(a) 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 (b) the payment is not in breach of Article 2(2).
(a) interest or other earnings on those accounts; (b) 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 (c) payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
(a) 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 (b) cooperate with the competent authority in any verification of such information.
(a) designated natural or legal persons, entities or bodies listed in Annex I; (b) 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).
(a) in respect of funds frozen under Article 2 and authorisations granted under Articles 4, 5 and 6; (b) in respect of violation and enforcement problems and judgments handed down by national courts.
(a) within the territory of the Union, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Union who is a national of a Member State; (d) 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; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
| Name | Identifying information | Statement of reasons | Date of listing | |
|---|---|---|---|---|
| 1. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 2. | born on | 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. | ||
| 3. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 4. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in 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 herself or a third party thereby causing a loss to the Ukrainian public budget or assets. | ||
| 5. | born on | 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. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 7. | Oleksandr Viktorovych Yanukovych (Олександр Вiкторович Янукович) | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | |
| 8. | born on | Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 9. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 10. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 11. | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 12. | Serhiy Vitalyovych Kurchenko (Сергiй Вiталiйович Курченко) | Born on | 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. | |
| 13. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. | ||
| 14. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 15. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 16. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 17. | born on | 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. | ||
| 18. | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
1. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the High Anti-Corruption Court of Ukraine of 11 August 2020 in which the Court examined the petition of the National Anti-Corruption Bureau of Ukraine and granted permission to apprehend Mr Yanukovych. In the Court’s ruling, the investigating judge confirmed that there is a reasonable suspicion for Mr Yanukovych’s involvement in a criminal offence relating to misappropriation and confirmed Mr Yanukovych’s status as suspect in the criminal proceedings.The High Anti-Corruption Court also established that Mr Yanukovych has been staying outside Ukraine since 2014. The Court concluded that there were sufficient grounds to believe that Mr Yanukovych was hiding from the pre-trial investigation bodies. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Yanukovych has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Yanukovych have significantly contributed to the length of the investigation. 2. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 ,23 November 2018 and27 November 2019 granting permission to detain Mr Zakharchenko.Moreover, the Council has information that the Ukrainian authorities took measures to search for Mr Zakharchenko. On 12 February 2020 , the investigating body decided to put Mr Zakharchenko on the international wanted list and forwarded the request to the Department of International Police Cooperation of the National Police of Ukraine for entry into the Interpol database.On 28 February 2020 , the pre-trial investigation was resumed and procedural and investigative actions were carried out. The investigating body suspended the pre-trial investigation on3 March 2020 , concluding that Mr Zakharchenko is hiding from the investigating body and from the Court in order to evade criminal liability, that his whereabouts are unknown and that all investigative (search) and procedural actions that can be conducted in the absence of suspects have been conducted. That suspension decision was open to appeal.No violation of the rights of defence and the right to effective judicial protection can be ascertained in the circumstances where the defence is not exercising those rights. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Zakharchenko has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Zakharchenko have significantly contributed to the length of the investigation. 3. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 of16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 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.The Council has information that the Ukrainian authorities took measures to search for Mr Pshonka. On 24 July 2020 , a request for international legal assistance was sent to the competent authorities of the Russian Federation to establish the whereabouts of Mr Pshonka and to interrogate him. That request is still pending. The pre-trial investigation was suspended on24 July 2020 due to the need to perform procedural actions within the context of international cooperation.The Russian authorities rejected requests for international legal assistance sent to them in 2016 and 2018. In its decision of 2 October 2020 , the High Anti-Corruption Court of Ukraine dismissed the appeal submitted by Mr Pshonka’s lawyer to cancel the notice of suspicion dated23 December 2014 . The Court concluded that the notice of suspicion was served in accordance with the Code of Criminal Procedure of Ukraine and confirmed Mr Pshonka’s status as suspect in the criminal proceedings.On 7 May 2020 and9 November 2020 , the High Anti-Corruption Court of Ukraine rejected a request to open proceedings made on the basis of a complaint by lawyers regarding inaction by the National Anti-Corruption Bureau of Ukraine in the criminal proceedings. The Appellate Chamber of the High Anti-Corruption Court confirmed those decisions on1 June 2020 and26 November 2020 , respectively.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Pshonka has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Pshonka as well as the earlier non-execution of the requests for international legal assistance have significantly contributed to the length of the investigation. 6. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 ,23 November 2018 and4 December 2019 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.The Council has information that the Ukrainian authorities took measures to search for Mr Ratushniak. On 12 February 2020 , the investigating body decided to put Mr Ratushniak on the international wanted list and forwarded the request to the Department of International Police Cooperation of the National Police of Ukraine for entry into the Interpol database.On 28 February 2020 , the pre-trial investigation was resumed with a view to carrying out procedural and investigative actions. The investigating body suspended the pre-trial investigation on3 March 2020 , concluding that Mr Ratushniak is hiding from the investigating bodies and from the Court in order to evade criminal liability, that his whereabouts are unknown and that all investigative (search) and procedural actions that can be conducted in the absence of suspects have been conducted. That suspension decision was open to appeal.No violation of the rights of defence and the right to effective judicial protection can be ascertained in the circumstances where the defence is not exercising those rights. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Ratushniak has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Ratushniak have significantly contributed to the length of the investigation. 7. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, were respected in the criminal proceedings on which the Council relied. The Council has information that the Ukrainian authorities took measures to search for Mr Yanukovych, who is staying in the Russian Federation and avoiding investigation. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Yanukovych has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Yanukovych have significantly contributed to the length of the investigation. 9. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 of16 June 2017 to suspend the criminal proceedings was open to appeal, and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 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.The Council has information that the Ukrainian authorities took measures to search for Mr Pshonka. On 24 July 2020 , a request for international legal assistance was sent to the competent authorities of the Russian Federation to establish the whereabouts of the suspect and to interrogate him. That request is still pending. The pre-trial investigation was suspended on24 July 2020 due to the need to perform procedural actions within the context of international cooperation.The Russian authorities rejected the request for international legal assistance sent to them in 2018. In its decision of 8 July 2020 , the High Anti-Corruption Court of Ukraine dismissed the appeal submitted by Mr Pshonka’s lawyer to cancel the decision of30 April 2015 to suspend the pre-trial investigation. The Court also concluded that the notice of suspicion was served in accordance with the Code of Criminal Procedure of Ukraine and confirmed Mr Pshonka’s status as suspect in the criminal proceedings.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Pshonka has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Pshonka as well as to an earlier non-execution of the request for international legal assistance have significantly contributed to the length of the investigation. 12. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 on28 March 2019 and was provided access to the materials for familiarisation. The Council has information that the familiarisation by the defence is ongoing.In its decision of 29 April 2020 , the Odessa Court of Appeal granted the appeal by the prosecutor and imposed a preventive measure of detention in custody on Mr Kurchenko. The Court also stated that Mr Kurchenko departed Ukraine in 2014 and that his location cannot be established. The Court concluded that Mr Kurchenko is hiding from the pre-trial investigation bodies in order to avoid criminal liability.The Council was informed that on 29 April 2020 the Ukrainian authorities sent a request for international legal assistance to the Russian Federation, which was returned on28 July 2020 without execution.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Kurchenko has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the Odessa Court of Appeal attributed to Mr Kurchenko as well as the non-execution of the request for international legal assistance have significantly contributed to the length of the investigation. 17. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 and5 October 2018 granting permission for a special investigation in absentia. The Council observes that the defence was notified of the completion of pre-trial investigations in 2017 and 2018, respectively, and has been provided with materials of the criminal proceedings for familiarisation since then. The review and examination by the defence of the large volume of materials available in relation to the pre-trial investigation into criminal proceedings is ongoing. The Council considers that the long period of familiarisation is to be attributed to the defence.
(a) "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:(i) a claim for performance of any obligation arising under or in connection with a contract or transaction; (ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (iii) a claim for compensation in respect of a contract or transaction; (iv) a counterclaim; (v) 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;
(b) "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; (c) "competent authorities" means the competent authorities of the Member States as identified on the websites listed in Annex II; (d) "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; (e) "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; (f) "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; (g) "funds" means financial assets and benefits of every kind, including, but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; and (vii) documents showing evidence of an interest in funds or financial resources;
(h) "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.
(a) for the misappropriation of Ukrainian public funds or assets or being an accomplice thereto; or (b) 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.
(a) 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; (b) intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or (d) 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.
(a) 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; (b) 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; (c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and (d) recognition of the decision is not contrary to public policy in the Member State concerned.
(a) 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 (b) the payment is not in breach of Article 2(2).
(a) interest or other earnings on those accounts; (b) 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 (c) payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
(a) 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 (b) cooperate with the competent authority in any verification of such information.
(a) designated natural or legal persons, entities or bodies listed in Annex I; (b) 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).
(a) in respect of funds frozen under Article 2 and authorisations granted under Articles 4, 5 and 6; (b) in respect of violation and enforcement problems and judgments handed down by national courts.
(a) within the territory of the Union, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Union who is a national of a Member State; (d) 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; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
| Name | Identifying information | Statement of reasons | Date of listing | |
|---|---|---|---|---|
| 1. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 2. | born on | 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. | ||
| 3. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 4. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in 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 herself or a third party thereby causing a loss to the Ukrainian public budget or assets. | ||
| 5. | born on | 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. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 7. | Oleksandr Viktorovych Yanukovych (Олександр Вiкторович Янукович) | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | |
| 8. | born on | Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 9. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 10. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 11. | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
| 12. | Serhiy Vitalyovych Kurchenko (Сергiй Вiталiйович Курченко) | Born on | 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. | |
| 13. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. | ||
| 14. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 15. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 16. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
| 17. | born on | 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. | ||
| 18. | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
1. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the High Anti-Corruption Court of Ukraine of 11 August 2020 in which the Court examined the petition of the National Anti-Corruption Bureau of Ukraine and granted permission to apprehend Mr Yanukovych. In the Court’s ruling, the investigating judge confirmed that there is a reasonable suspicion for Mr Yanukovych’s involvement in a criminal offence relating to misappropriation and confirmed Mr Yanukovych’s status as suspect in the criminal proceedings.The High Anti-Corruption Court also established that Mr Yanukovych has been staying outside Ukraine since 2014. The Court concluded that there were sufficient grounds to believe that Mr Yanukovych was hiding from the pre-trial investigation bodies. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Yanukovych has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Yanukovych have significantly contributed to the length of the investigation. 2. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 ,23 November 2018 and27 November 2019 granting permission to detain Mr Zakharchenko.Moreover, the Council has information that the Ukrainian authorities took measures to search for Mr Zakharchenko. On 12 February 2020 , the investigating body decided to put Mr Zakharchenko on the international wanted list and forwarded the request to the Department of International Police Cooperation of the National Police of Ukraine for entry into the Interpol database.On 28 February 2020 , the pre-trial investigation was resumed and procedural and investigative actions were carried out. The investigating body suspended the pre-trial investigation on3 March 2020 , concluding that Mr Zakharchenko is hiding from the investigating body and from the Court in order to evade criminal liability, that his whereabouts are unknown and that all investigative (search) and procedural actions that can be conducted in the absence of suspects have been conducted. That suspension decision was open to appeal.No violation of the rights of defence and the right to effective judicial protection can be ascertained in the circumstances where the defence is not exercising those rights. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Zakharchenko has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Zakharchenko have significantly contributed to the length of the investigation. 3. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 of16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 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.The Council has information that the Ukrainian authorities took measures to search for Mr Pshonka. On 24 July 2020 , a request for international legal assistance was sent to the competent authorities of the Russian Federation to establish the whereabouts of Mr Pshonka and to interrogate him. That request is still pending. The pre-trial investigation was suspended on24 July 2020 due to the need to perform procedural actions within the context of international cooperation.The Russian authorities rejected requests for international legal assistance sent to them in 2016 and 2018. In its decision of 2 October 2020 , the High Anti-Corruption Court of Ukraine dismissed the appeal submitted by Mr Pshonka’s lawyer to cancel the notice of suspicion dated23 December 2014 . The Court concluded that the notice of suspicion was served in accordance with the Code of Criminal Procedure of Ukraine and confirmed Mr Pshonka’s status as suspect in the criminal proceedings.On 7 May 2020 and9 November 2020 , the High Anti-Corruption Court of Ukraine rejected a request to open proceedings made on the basis of a complaint by lawyers regarding inaction by the National Anti-Corruption Bureau of Ukraine in the criminal proceedings. The Appellate Chamber of the High Anti-Corruption Court confirmed those decisions on1 June 2020 and26 November 2020 , respectively.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Pshonka has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Pshonka as well as the earlier non-execution of the requests for international legal assistance have significantly contributed to the length of the investigation. 6. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 ,23 November 2018 and4 December 2019 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.The Council has information that the Ukrainian authorities took measures to search for Mr Ratushniak. On 12 February 2020 , the investigating body decided to put Mr Ratushniak on the international wanted list and forwarded the request to the Department of International Police Cooperation of the National Police of Ukraine for entry into the Interpol database.On 28 February 2020 , the pre-trial investigation was resumed with a view to carrying out procedural and investigative actions. The investigating body suspended the pre-trial investigation on3 March 2020 , concluding that Mr Ratushniak is hiding from the investigating bodies and from the Court in order to evade criminal liability, that his whereabouts are unknown and that all investigative (search) and procedural actions that can be conducted in the absence of suspects have been conducted. That suspension decision was open to appeal.No violation of the rights of defence and the right to effective judicial protection can be ascertained in the circumstances where the defence is not exercising those rights. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Ratushniak has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Ratushniak have significantly contributed to the length of the investigation. 7. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, were respected in the criminal proceedings on which the Council relied. The Council has information that the Ukrainian authorities took measures to search for Mr Yanukovych, who is staying in the Russian Federation and avoiding investigation. In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Yanukovych has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described above attributed to Mr Yanukovych have significantly contributed to the length of the investigation. 9. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 of16 June 2017 to suspend the criminal proceedings was open to appeal, and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 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.The Council has information that the Ukrainian authorities took measures to search for Mr Pshonka. On 24 July 2020 , a request for international legal assistance was sent to the competent authorities of the Russian Federation to establish the whereabouts of the suspect and to interrogate him. That request is still pending. The pre-trial investigation was suspended on24 July 2020 due to the need to perform procedural actions within the context of international cooperation.The Russian authorities rejected the request for international legal assistance sent to them in 2018. In its decision of 8 July 2020 , the High Anti-Corruption Court of Ukraine dismissed the appeal submitted by Mr Pshonka’s lawyer to cancel the decision of30 April 2015 to suspend the pre-trial investigation. The Court also concluded that the notice of suspicion was served in accordance with the Code of Criminal Procedure of Ukraine and confirmed Mr Pshonka’s status as suspect in the criminal proceedings.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Pshonka has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the High Anti-Corruption Court attributed to Mr Pshonka as well as to an earlier non-execution of the request for international legal assistance have significantly contributed to the length of the investigation. 12. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 on28 March 2019 and was provided access to the materials for familiarisation. The Council has information that the familiarisation by the defence is ongoing.In its decision of 29 April 2020 , the Odessa Court of Appeal granted the appeal by the prosecutor and imposed a preventive measure of detention in custody on Mr Kurchenko. The Court also stated that Mr Kurchenko departed Ukraine in 2014 and that his location cannot be established. The Court concluded that Mr Kurchenko is hiding from the pre-trial investigation bodies in order to avoid criminal liability.The Council was informed that on 29 April 2020 the Ukrainian authorities sent a request for international legal assistance to the Russian Federation, which was returned on28 July 2020 without execution.In accordance with the case-law of the European Court of Human Rights, the Council considers that the periods during which Mr Kurchenko has been avoiding investigation must be excluded from the calculation of the period relevant for the assessment of respect for the right to a trial within a reasonable time. The Council therefore considers that the circumstances described in the decision of the Odessa Court of Appeal attributed to Mr Kurchenko as well as the non-execution of the request for international legal assistance have significantly contributed to the length of the investigation. 17. 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, including the fundamental right to have his case heard within a reasonable time by an independent and impartial tribunal, 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 and5 October 2018 granting permission for a special investigation in absentia. The Council observes that the defence was notified of the completion of pre-trial investigations in 2017 and 2018, respectively, and has been provided with materials of the criminal proceedings for familiarisation since then. The review and examination by the defence of the large volume of materials available in relation to the pre-trial investigation into criminal proceedings is ongoing. The Council considers that the long period of familiarisation is to be attributed to the defence.