Internal Policy

The draft law on Donbas reintegration: pros and cons

05.10.2017
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ICPS Press

On October 4, 2017, the text of the draft law “On the peculiarities of state policy on ensuring Ukraine’s state sovereignty over temporarily occupied territories in the Donetsk and Luhansk regions” became available in an open access. The document (known as the draft law on Donbas reintegration) which was presented on the initiative of the President of Ukraine, aims to improve the legal regulation of the situation in eastern part of Ukraine, but does not provide a set of necessary actions for achieving this goal.

“Pros and cons” of the draft law

“Pros”:

First, the draft law, if approved by the Verkhovna Rada, will be the first document, which at the legislative level recognizes the non-controlled areas in Eastern Ukraine as temporarily occupied territories, Russia is designated as an aggressor state with regard to the situation in Donbass, and pro-Russian militants are equated to the pro-Kremlin “puppets”.

Second, the draft law on Donbas reintegration eliminates legal contradictions, in particular by allowing to abolish the ATO regime and transferring management in the front lines from the Security Service of Ukraine (SBU) to the Joint Operational Headquarters of the Armed Forces of Ukraine.

Third, the draft law defines that state policy on ensuring Ukraine’s state sovereignty over temporarily occupied territories should be based on political and diplomatic means.

“Cons” of the draft law:

First, despite the defined objective, the draft law does not provide specific mechanisms for the restoration of state sovereignty over temporarily occupied territories.

Second, the draft law does not take into account the human dimension, particularly the mechanisms for ensuring the rights and freedoms of citizens residing in non-controlled areas, such as retirement benefits, social security, administrative services etc. Consequently, serious problems can arise for Ukrainian citizens residing on these territories.

Third, the preamble of this draft law refers to the evidences of Russia's aggression in Eastern Ukraine (based on the UN General Assembly resolution “Definition of Aggression”, which is a non-binding document), but ignores the undeniable facts of Russia’s aggression in Crimea. The reference to the annexation of Crimea and the inclusion of the Crimean “components” could help Ukraine achieve international recognition of Russia as an aggressor state.

Four, the draft law contains a "sliding" reference to the Minsk agreements (the state authorities of Ukraine “ensure the priority of implementing the security provisions” of the Minsk agreements). Consequence, the question arises whether there is a legal contradiction in this document: the Minsk agreements recognize particular areas of the Donetsk and Luhansk regions as a conflicting party while this draft law designates Russia as a conflicting party.

Generally, the main point in the Donbas reintegration draft law is that it rather resolves operational tasks, but does not contain effective mechanisms for achieving goals of the draft law themselves, in particular the liberation of DPR/LPR-controlled territories and the protection of the rights, freedoms and legitimate interests of people, who have suffered from the armed conflict.

Publications with tag «Internal Policy »
Internal Policy

The Supervisory Board of the International Center for Policy Studies conducted a summing-up meeting

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ICPS Press
28.12.2017
Internal Policy

Mariana Savka: reading-performance “I Know, You Are Different”

On December 1, 2017, in the framework of communication campaign “Reinvent respect” on promotion of tolerance and mutual understanding in the community, famous writer and UNDP Tolerance Envoy Mariana Savka held a reading-performence, “I Know, You Are Different”, which took place in Odessa. During the event, Mariana Savka spoke about her own creative work, her publishing activity, the project “12 incredible women” and the importance of a proactive social position. The text of Mariana Savka "I Know, You Are Different" is her own attempt to communicate with those, who society characterizes as different. “These texts are of a universal value. Each of the stories is about the real person who is next to us. And I am not sure whether they can be called others. For others – we all, each of us, with its unique experience, challenges, victories and personal traumas. We do not live in the heavenly valley; it is not easy for us. So let's strive for good-neighborly relations, respect each other, and then our existence will beсome a little easier”, -said Savka. Especially for this project, a well-known artist from Riga, the master of the sand show Tetyana Gavrilenko created a video with her own sand animation. The United Nations Development Program project “Reinvent respect” aims to reduce the polarization of public opinion and strengthen dialogue among various social groups, promoting respect, tolerance and mutual understanding. 

ICPS Press
03.12.2017
Internal Policy

On tolerance in the language of art, physics and botany

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ICPS Press
20.11.2017
Internal Policy

Talks on tolerance in Lviv

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ICPS Press
13.11.2017