International Economic Sanctions. Part 2. Sanctions Policy of the European Union Towards Russia: Problems of Implementation

Abstract

The relevance of this study lies in examining the process of formation and development of the European Union’s sanctions policy, focusing particularly on the theory and practice of applying restrictive measures against Russia in response to its aggression against Ukraine. The purpose and objectives of the research involve analyzing and synthesizing information related to the development of the theory and practice underlying the European Communities’/European Union’s application of economic sanctions, comparing approaches to shaping a general sanctions policy and the specific sanctions policy toward Russia (referred to as a “sanctions revolution”), as well as formulating the author’s conclusions and recommendations for both theoretical and practical application.

A broad range of research methodologies and approaches was employed in the study. The formal-legal method facilitated the formulation of key terms, concepts, characteristics, and constructs, as well as the development of various classifications. The historical method proved useful in examining the establishment and evolution of the EU’s sanctions policy. The systemic method aided in elucidating the mechanisms by which the EU imposes, modifies, and lifts economic sanctions against Russia. Additionally, the comparative-legal method was employed to evaluate the legal regulation of economic sanctions during different phases of European integration.

The results of the study are reflected in the characterization of the European Union’s autonomous economic sanctions as a system of restrictive measures introduced by EU institutions within the framework of the Common Foreign and Security Policy, without a mandate from the UN Security Council. The article concludes that the scope and depth of the EU’s numerous sanctions regimes indicate that the Common Foreign and Security Policy is not merely an aspirational construct; rather, it actively promotes the development of legal norms and processes within the EU’s internal legal order. In contemporary EU foreign policy, sanctions have effectively evolved into one of the Union’s most favored instruments of external action.

The article further argues that achieving member-state consensus on formulating a common sanctions policy demonstrates not only the Europeanization of national foreign policies but, more importantly, the formation of a genuinely pan-European foreign policy. It concludes that the EU’s autonomous sanctions aim to penalize Russia, whose policies violate international law and threaten both regional and global security, by inflicting maximum damage. International law does not prohibit states or their unions, such as the European Union, from imposing unilateral economic restrictive measures if justified by security considerations.

Finally, the article acknowledges imperfections in the EU’s sanctions policy, evidenced by the widespread circumvention of its anti-Russian sanctions. Recognizing this reality compels EU institutions and the governments of its member states to develop additional instruments to combat the evasion of existing restrictive measures.