Ukraine considers that it is not obliged to return to Russia, “Yanukovych’s debt” at $3 billion, since Russia has violated its obligations to Ukraine in the framework of public international law “used force against Ukraine and/or interfered in its internal Affairs”. This is one of the arguments deployed by Kiev to the English court in response to the lawsuit Russia demanding the return of $3 billion this is stated in a 42-page response of Kiev to the Russian claim (a copy is in).
Ukraine believes that the Russian loan granted in December 2013 in the form of investments in the Ukrainian Eurobonds, implied as a matter of course (though not literally spelled out) that Russia is not entitled to demand from Ukraine’s financial liabilities loan and at the same time violate their own obligations under international law. About what, from the point of view of Ukraine, violations of international law, referred to in the document is not explicitly mentioned, but in another part of the objection refers to Ukraine “illegal occupation of the Crimean Peninsula”, “illegal expropriation of Ukrainian state and private assets”, “support separatist elements” and “military intervention” in the East of the country.
“A well-known part of the Russian Federation in the destabilization of Eastern Ukraine is a clear violation of the usual (customary) international law and Article 2 (4) of the UN Charter [principle of refraining from the threat or use of force]”, — the document says.
Another argument justifying the non-payment of $3 billion, Ukraine formulates: she has the right to refuse Russia in repayment of a debt in circumstances where it is “appropriate and proportionate countermeasure in the framework of public international law in order to encourage the Russian Federation to respect its international obligations”. Kiev believes that the court should refuse satisfaction of requirements of Moscow, “while Russia continues to violate international law in its relations with Ukraine.”
Ukraine claims that as a result of “the illegal occupation of Crimea and Russian military actions in Eastern Ukraine”, as well as economic sanctions, which Russia applied to Ukraine in 2014, has killed more than 9 thousand people and injured 21 thousand, the country has suffered damages in the “billions of dollars” have lost control over the Crimea and a large part of Eastern Ukraine, it has lost significant economic power and source of taxes and fees.