Last may was marked by increased attention to the problem of sanctions in the Russian Parliament. In the State Duma of the second and third reading passed a bill “On amendments to the Arbitration code of the Russian Federation in order to protect the rights of individuals and legal entities in connection with the restrictive measures…”. He was introduced in the lower house in July last year and sparked serious debate.On the one hand, measures to protect the rights of citizens against whom sanctions are normal for any sovereign state. Speech on the right to a full and fair trial, which may not be available abroad. In fact, the bill envisages a possibility for Russian companies under sanctions transfer disputes in Russian courts.For them, the new legislation is fraught with additional risks. Suffer not so much the Russian company, already under sanctions, as those against whom they may be imposed. Obviously, understanding this risk is extremely subjective. Foreign contractors will play it safe and in case of exposure to secondary sanctions, and the absence of the possibility (in their view) of arbitration. In the end, decisions on the transactions and contracts will be delayed, and transaction costs to rise.Another initiative of the legislators — the proposal of senators Konstantin Kosachev and Sergei Kislyak amendments to the Federal law of June 4, 2018 No. 127 FZ “On measures of exposure to (counter) to the unfriendly actions of the United States and other foreign countries.” According to the law, the Russian restrictive measures do not apply to essential goods, if their analogues are not produced in Russia. In addition, current law provides no clarification on how these decisions are made. The authority to establish the list of such products is proposed to consolidate the government.The bill may be criticized. Legal structure already exists in the form of decrees of the President dated 6 August 2014 No. 560 “On applying certain special economic measures to ensure security of the Russian Federation” and dated 22 October 2018 №592 “On application of special economic measures…” The decrees give the government the right to define and enforce such measures, that is, the government already has the authority to adjust the list of goods, making changes in your decision.However, the initiative of senators is important from the point of view of the attention of Parliament to the subject of sanctions. The events here take place almost every day. It is necessary including for more effective feedback for Executive action. It can be difficult to duplicate or wording here should not be an obstacle.For example, in U.S. Executive power has a wide range of Autonomous powers for the introduction and lifting of sanctions. But Congress is constantly engaged in this topic: determine the understanding of certain problems, requires from the authorities reports or reports on him, offers his resolutions and bills. The Executive often criticizes them for redundancy. The Russian policy of sanctions and counter-sanctions now only is formed. For its effectiveness will require close and competitive interaction of branches of government and the expert community. The Parliament needs a serious and systematic work on the issue of sanctions in routine operation.Ivan Timofeev, program Director of Russian international Affairs Council (RIAC)
