Authorization

Reintegration of the Donbas and Luhansk regions or the continuation of the аnti-terrorist operation?

Reintegration of the Donbas and Luhansk regions or the continuation of the аnti-terrorist operation?On January 18, 2018, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 2268 – VIII «On the Peculiarities of the State Policy of Ensuring State Sovereignty of Ukraine in the Temporarily Occupied Territories of Donetsk and Lugansk Regions». In the Ukrainian mass media, this law was named as the Law on the «Reintegration of the Donbas».

This is not surprising, since the authors of the project noted that this legal act is the basis for the economic, political, diplomatic, socio –cultural and moral return of some territories of Donetsk and Lugansk regions. And so the cease-fire on the line of collision of the armed forces of Ukraine and the military units of the Russian Federation.

Around the draft Law No. 2268 – VIII there were sharp controversies regarding the appropriateness of its adoption. In addition, there was criticism about its effectiveness in terms of real reintegration, because the law also no highlights the ways of a real return of certain territories of Donetsk and Luhansk oblasts under the jurisdiction of Ukraine.

However, I would like to focus on another legal problem of this Law of Ukraine. In one of the publications of the UNIAN online newspaper, President of Ukraine Petro Poroshenko called the fact that the Verkhovna Rada of Ukraine passed the Law No. 2268 – VIII for a stopping the anti – terrorist operation and her finishing. He reported this during a speech to Ukrainian military in Lugansk region.

Вut, from a legal position, as noted by the President of Ukraine in the legislative field, the counterterrorist operation in certain districts of Donetsk and Luhansk has not been completed. We will try to analyze.

On September 2, 2014, the Ukrainian Parliament passed the Law of Ukraine No. 1669 – VI «On Interim Measures for the Period of Anti – Terrorist Operation».

According to this document, the period of the anti-terrorist operation is the time between the date of entry into force of the Decree of the President of Ukraine on the Decision of the Council of National Security and Defense of Ukraine of April 13, 2014 and the date of the entry into force of the Presidential Decree on the completion of an anti – terrorist operation or hostilities on the territory of Ukraine.

Such a decree on the cessation of the anti – terrorist operation in the separate districts of Donetsk and Luhansk regions was not issued by the President of Ukraine.
In addition, despite the adoption by the Ukrainian Parliament of the Law of Ukraine «On the Peculiarities of the State Policy of Ensuring State Sovereignty in the Temporarily Occupied Territories of Donetsk and Luhansk Regions», the Law of Ukraine «On Interim Measures for the Period of the Anti – Terrorist Operation» remains valid.

By the way, the confirmation that the anti – terrorist operation has not stopped is found in the Basic Law on Combating Terrorism of March 20, 2003, No. 638 – IV. Thus, Article 3 of this Law states that an anti – terrorist operation may be carried out simultaneously with the repression of armed aggression in the order of Article 51 of the Charter of the Organization United Nations and / or in the context of the introduction of a military or extraordinary situation in accordance with the Constitution of Ukraine.

But, this law in its Final Provisions emphasizes that the military – civilian administrations are headed by heads which are appointed and dismissed by the head of the respective regional military-civilian administration in consultation with the head of the Antiterrorist Center under the Security Service of Ukraine.
That is, the Head of the Security Service of Ukraine retains his significant powers, as well as maintaining the presence of the security forces in the territory of the antiterrorist operation.

First of all, this law changes the vector of coordination and cooperation between law enforcement agencies and armed forces of Ukraine.
Article 8 of the Law of Ukraine No. 2268-VIII strictly regulates that the General Staff of the Armed Forces of Ukraine, in consultation with the relevant commanders, engages and uses forces and means (personnel and specialists of individual units, military units, weapons, military equipment, special vehicles, means of communication and telecommunications, other material and technical means) of the Armed Forces of Ukraine and other military formations including the Security Service of Ukraine Forces.

That is, the anti – terrorist operation and its actions can be part of measures to ensure the sovereignty and armed struggle of the Armed Forces of Ukraine and other military formation in hybrid war.

At the same time, the leadership of the forces and means of the Armed Forces of Ukraine, of the Ministry of Internal Affairs of Ukraine, of the National Police of Ukraine is liable to Commander of the Joint Forces. The Commander of the Joint Forces exercises his powers through the Joint Operational Headquarters of the Armed Forces of Ukraine.

The Joint Operational Headquarters of the Armed Forces of Ukraine through the relevant bodies of military management carries out the planning, organization and control of the implementation of measures to ensure national security and defense, the direction, coordination and control over the activity of the military- civil or military administrations (in case of their formation) in the Donetsk and Luhansk oblasts on national security and defense matters.

Let's hope that the change in the security management system will lead to a real return of territories of Donetsk and Lugansk regions under the control of Ukraine.

Alexander Gordian
See also:
Leave a comment
????????, ??? ??? ???????????? ???? ????? ?? ????:

https://youtu.be/1hbLaY2mxgM?list=UUpTVjMcNkWEmjFd7hdEqbLQ
Quote         
News
  • Latest
  • Read
  • Commented
Calendar Content
«    Ноябрь 2018    »
ПнВтСрЧтПтСбВс
 1234
567891011
12131415161718
19202122232425
2627282930