Critical analysis of the effectiveness of EU financial sanctions against the Russian Federation

Abstract

The article focuses on the issue of international sanctions of a financial nature in the context of, in particular, the challenges to their effectiveness generated by the cryptocurrency market. An essential point of reference for this analysis is the current case of sanctions imposed by the Council of the European Union (supported by the application of complementary sanctions by part of the international community) on the Russian Federation in relation to that country’s military aggression against Ukraine. The aim of this article is to show different perspectives on the assessment of the effectiveness of sanctions and, in particular, to identify the sources why, in a key number of cases, while weakening the economic potential of the sanctioned state, they nevertheless fail to achieve the original objective of their imposition, i.e. the deterrence of military action. In this subject, the axis of interest is the current and prospective impact of blockchain-based financial solutions on the creation of an important loophole in the sanctions regime to eliminate or marginalise the effects of international financial sanctions. The issue is also assessed through the prism of the crypto-asset market regulation entering into force in the European Union in the near future and the implementation of the so-called travel rule for cryptocurrency transactions.