Ukraine officially recognized Russia as an occupier: what will change?

Фото: Depositphotos

Ukraine at the legislative level recognized Russia as a country that temporarily occupied territories in the Donetsk and Luhansk regions. This is stated in the law "On the peculiarities of state policy to ensure the state sovereignty of Ukraine over the temporarily occupied territories in the Donetsk and Lugansk regions", voted in the Verkhovna Rada on January 18 on January 2018.

According to "Voice of America", for the draft law, called in the press the “law on the reintegration of Donbass”, voted 280 of people's deputies with the minimum necessary 226 votes of the unicameral Ukrainian parliament. During the review of this document, deputies proposed 733 amendments, of which 501 was taken into account.

"The activities of the armed formations of the Russian Federation and the occupational administration of the Russian Federation in the Donetsk and Lugansk regions, which contradicts the norms of international humanitarian law, are illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences," legislation.

The press service of the Ukrainian parliament quotes the norms of the law, which states that “temporarily occupied territories in the Donetsk and Lugansk regions on the day of the adoption of this law recognize parts of the territory of Ukraine within which the armed forces of the Russian Federation and the occupation administration of the Russian Federation established and carried out an overall effective control".

According to the law, “the temporary occupation by the Russian Federation of the territories of Ukraine, defined by the first part of Article 1 of this law, regardless of its duration, is illegal and does not create any territorial rights for the Russian Federation”.

President Petro Poroshenko during a joint briefing with the Governor-General of Canada Julie Payette noted that “the Ukrainian parliament voted for the law on the reintegration of Donbass by an almost constitutional majority in 280 votes.

Фото: Depositphotos

“This shows that when necessary, our parliament is able to unite. And, despite the stormy criticism of the law, which allegedly sounded in recent days by the opposition factions, when the issue became an edge - the votes were cast in support of the bill, ”said Petro Poroshenko, the press service of the leader of Ukraine reports.

In a commentary on the supported law on the reintegration of Donbass, Verkhovna Rada Speaker Andrei Paruby stressed that "for us, the key points remain: a cease-fire, the withdrawal of the occupying forces and all armed units of the mercenaries of the Russian Federation from the territory of Ukraine and the restoration of control over the Ukrainian-Russian border."

“Vladimir Putin challenged the entire international security system. His interests go much further than Ukraine. Today, Ukrainian soldiers are protecting not only Ukraine, but also the entire free world, ”the Verkhovna Rada press service quoted Andrei Parubiy as saying.

Law and conditions for entering peacekeepers

International Security Expert of the Ukrainian Independent Center for Political Studies Vitaly Martynyuk He believes that the new bill at the official level regulates the departure from the understanding of the principles and actions in the framework of the anti-terrorist operation. At the same time, the legislative field creates the conditions for the introduction of peacekeepers, the expert notes.

“It is important that the law notes a departure from the Antiterrorist Operation (ATO): the introduction of peacekeepers into the zone of the ATO from the position of the international community may raise questions. But a departure from the ATO provides that Ukraine is not conducting an operation against terrorists who have not previously been so officially named - with the exception of one parliamentary decree. The departure from the ATO reinforces the understanding that there is a reflection of external aggression - Russia is called the aggressor. In order to conduct peacekeeping operations, it is very important to fix who are the parties to the conflict. The law on reintegration allows you to do this, ”says Vitaly Martyniuk to the Voice of America Russian service correspondent.

Vitaliy Martynyuk believes that the transformation of the Ukrainian legal framework with regard to the armed conflict in the Donbass "fits" with the understanding of the situation, both Ukraine and the United States and the United Kingdom.

“Russia in its draft resolution on peacekeepers for consideration by the UN prescribed that the parties to the conflict are the so-called LC-DNR and Ukraine. In the Ukrainian understanding of the situation, with the support of the United States and Great Britain, it is stated that Ukraine and Russia are parties to the conflict, and the “departure” from the principle of understanding the ATO fits into the concept of the Ukrainian format for introducing peacekeepers: the whole territory, the border with Russia, ”Vitaly said Martynyuk.

At the same time, Vitaly Martynyuk says that the threat of large-scale aggression from Russia remains relevant, but it is unlikely to be realized.

“The aggression of Russia against Ukraine began in February 2014, it passed smoothly, had its surges, there are threats of large-scale offensive operations, but the Kremlin will not take such steps before the presidential elections, Moscow does not want to strengthen sanctions,” Vitaly Martynyuk believes.

According to him, Russia in the eyes of the West is trying to demonstrate a peacekeeping position, a desire to resolve the situation in the Donbass, without a real readiness to stop the military conflict with Ukraine.

Not martial law, but not the reintegration of Donbass

According to the head of the Internet community “Ukraine is in the EU! Perspectives and Development ", a political scientist Dmitry Voronkovtoday it is difficult to assume what the results of the law will be, but definitely - “the law calls everything by its proper name”.

“I would not say that this law can bring the Donbass closer, they simply take up more strictly for the occupied territories, there is a desire to strengthen the blockade, but this will not contribute to the reintegration of Donbass. This is a step towards further freezing the conflict, but on the other hand, the law calls everything by its proper name. This is a veiled martial situation under some other hybrid form. All the rights that the president and the military receive are quite similar to those of martial law. As for Russia, of course, there will be a negative reaction on its part, ”says Dmitry Voronkov to the correspondent of the Russian service Voice of America.

According to Dmitry Voronkov, providing Ukrainian military with opportunities for the implementation of military operations takes into account the scenario when Russia, for political or economic reasons, withdraws its troops and administration from the occupied regions of Ukraine. “In this case, the Ukrainian military will receive all the authority to conduct military operations, to liberate the occupied territories,” Dmitry Voronkov notes.

He believes that at the same time, the law does not provide an answer to some other controversial issues for Ukrainian society.

“People’s deputies did not support breaking diplomatic relations with Russia, a number of experts say that this law takes Ukraine out of the Minsk format. In fact, legally this document does not provide for withdrawal from the Minsk agreements. In the law there is no mention of the Crimea. A priori, this is impossible - it is adapted to the Donbass and a certain political and military situation, although ideally there should be one big law for the occupied territories, which would have separate provisions for the Donetsk and Lugansk regions and separately for the Crimea, ”says Dmitry Voronkov the fact that during the preparation of this bill, in the session hall of the parliament mentioned the possibility of making a reference to the occupation of the Crimea.

Dmitry Voronkov believes that the reaction of the European Union to this law will be more than restrained, since the West expects Ukraine to carry out more reforms, the creation of an Anti-Corruption Court, and success in the fight against corruption.

Law and protection of civil rights in the Donbass

Political analyst at the Ilk Kucheriv Democratic Initiatives Foundation Maria Zolkina notes that this law is fully consistent with the internal Ukrainian political process and legal field.

Фото: Depositphotos

“This law is more about how Ukraine will act under current conditions, how it will streamline its relations, as a state, in matters of defense in the territory of Donbass. If this document were a mechanism for de-occupation or reintegration, then one would expect some change in the behavior of Western partners. But this bill does not offer any real instrument for de-occupation of these territories. He proposes state mechanisms, in fact, in support of the status quo of the territories. There is no hint in the document that it will help to return these territories to Ukraine or to renew its state sovereignty in the areas not controlled by the government in Donetsk and Lugansk regions, ”says Maria Zolkina to the Voice of America Russian service correspondent.

Maria Zolkina believes that the recognition of Russia as an aggressor is important for internal political processes. The legislator, according to her, has finally decided on the status of the territories - defining them as temporarily occupied.

“In order for the international consequences of Russia's actions to take place, there was a corresponding responsibility for her for what she did with the Crimea in Donbas and not only the resolutions of international organizations and representative offices, countries, but also the decisions of international courts are necessary in order for sanctions on the actions of Russia were legally justified, "- said Maria Zolkina.

Maria Zolkina says that in the state of uncertainty in the east of Ukraine, it is very important to pay close attention to protecting the civil rights of the population.

“The problem is that the state of this regime is“ not ATO, but not martial law ”, contains many norms of martial law and the actions of security, armed structures and special forces, but it is not martial law. And protecting the rights of civilians, preserving the inviolability of housing, movable property, the work of enterprises that will be in security zones, where regimes will be determined by decisions of the unified command - all this is not settled now and there is no concrete answer: how will it actually be? ” notes Maria Zolkina.

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