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Text of project on Donbas and Crimea transition period published

Source : 112 Ukraine

MPs could be forbidden to discuss with Russia the situation in occupied territories
13:55, 17 August 2021

Occupied territories of Ukraine
Open source

The text of bill #5844 on the transition period in occupied Donbas and annexed Crimea appeared on the website of the Verkhovna Rada.

The project proposes to divide the regulation into conflict and post-conflict periods, which will determine a certain algorithm of state actions during the reintegration of the temporarily occupied (de-occupied) territories and their inhabitants.

The explanatory note states that the document was developed to properly regulate the state policy of the transition period - a set of measures to combat the armed aggression of the Russian Federation against Ukraine, restore Ukraine's territorial integrity within the internationally recognized state border and ensure state sovereignty, restore public authorities and local governments in the temporarily occupied territories, overcoming the consequences of the armed aggression of the Russian Federation, reintegration of the temporarily occupied (de-occupied) territories and their inhabitants, building sustainable peace and non-repetition of occupation.

It is expected that the adoption of the law will facilitate the reintegration of the temporarily occupied (deoccupied) territories and their inhabitants, will create the preconditions for the restoration of violated human rights.

The document organizes and modernizes the current profile terminology, introduces concepts that reveal its novelties, in particular, the terms "transitional justice," "convalidation," "temporary occupation," "occupying forces and occupation administrations of the Russian Federation," "political-diplomatic and sanctioning measures," "contact line," "sustainable peace," "reintegration of the temporarily occupied (de-occupied) territories and their inhabitants."

The document proposes the division of regulation into conflict and post-conflict periods, which will determine a certain algorithm of country’s action during the reintegration of the temporarily occupied territories and their residents.

It is proposed to unify the approaches to the temporarily occupied parts of Donetsk and Luhansk regions, as well as to the Autonomous Republic of Crimea and the city of Sevastopol, to determine that these territories are temporarily occupied territories where the occupying forces and the occupying administrations of the Russian Federation operate.

In addition, it is proposed to introduce elements of transitional justice, in particular, liability for offenses related to the temporary occupation, restrictions on the election and appointment of citizens of Ukraine who were involved in the activities of the occupying forces and the occupation administrations of the Russian Federation, measures to build lasting peace and non-repetition of the occupation.

The document also aims to outline the principles of restoring justice in the occupied territories, to introduce the institute of convalidation of transactions made in the temporarily occupied territories, as well as recognition of results and periods of studies in the temporarily occupied territories, to create preconditions for restrictions on the circulation of the aggressor state's currency during the transitional period.

The state guarantees a response to sexual violence related to the armed aggression of the Russian Federation against Ukraine, offenses committed on the grounds of sex and / or gender identity in the temporarily occupied territories or in connection with the temporary occupation, in order to ensure justice for victims of these offenses and their prevention in the future, which should include consideration of their causes and consequences.

Ban for MPs to discuss situation in the occupied territories with occupants without President's consent

In addition, the establishment of connections and interaction of state authorities of Ukraine, their officials with the occupation forces and occupation administrations of the Russian Federation, their officials is allowed only to ensure the national interests of Ukraine for protection of human and civil rights and freedoms, to fulfill international treaties, consent to the binding nature of which was set by the Verkhovna Rada of Ukraine, and to promote restoration of the territorial integrity of Ukraine.

Establishment of relations and interaction of MPs of Ukraine, deputies of local councils, local self-government bodies of Ukraine with the Russian Federation, its state bodies and local self-government bodies, occupation forces and occupation administrations of the Russian Federation, their officials on issues related to overcoming the consequences of the armed aggression of the Russian Federation against Ukraine, is not allowed without the authorization of the President of Ukraine.

Temporary occupation

The date of the beginning of the temporary occupation is February 20, 2014.

The dates of the beginning of the temporary occupation of certain settlements and districts are set by the President of Ukraine on the proposal of the Ministry of Defense of Ukraine, prepared on the basis of proposals of the General Staff of the Armed Forces of Ukraine.

The conflict period in the settlement (district) is considered finished from the date of the end of the temporary occupation (date of de-occupation) of this settlement (district).

The date of de-occupation of the settlement (district) is the day of the end of the conflict and the beginning of the post-conflict period in the respective territory.

Elections and local referendums

National elections and all-Ukrainian referendums in the occupied territories may be held only if the requirements of the Constitution of Ukraine, the Electoral Code of Ukraine, this and other laws are complied with.

For the first time after de-occupation, local elections in de-occupied territories may be held only if the requirements of the Constitution of Ukraine, the Electoral Code of Ukraine, this and other laws are observed simultaneously with the next local elections.

Local referendums in de-occupied territories may be scheduled no earlier than after local elections are held in accordance with this Law in the respective territory.

Elections and referendums in the occupied territories are held in compliance with the standards of the Organization for Security and Cooperation in Europe and the Council of Europe regarding elections and referendums.

Measures during transition period

  • During the transition period, the following measures are to be taken:
  • search for missing persons in accordance with the Law of Ukraine "On the Legal Status of Missing Persons";
  • implementation of measures provided by the Law of Ukraine "On Mine Action," aimed at reducing the social, economic and environmental consequences of the armed aggression of the Russian Federation against Ukraine;
  • disarmament;
  • ensuring the implementation of social rights;
  • honoring the memory of the victims of the armed aggression of the Russian Federation against Ukraine;
  • ensuring information security and overcoming the consequences of propaganda;
  • intensification of national-patriotic education, first of all among children and youth;
  • ensuring the protection of cultural values, protection of cultural heritage and protection of the traditional nature of the environment, taking measures to return to Ukraine cultural values ​​illegally exported from the temporarily occupied territories;
  • implementation of systematic measures for the re-socialization of persons affected by the armed aggression of the Russian Federation against Ukraine;
  • overcoming the environmental consequences of the armed aggression of the Russian Federation against Ukraine;
  • conducting remote monitoring of the environmental situation;
  • building sustainable peace, including in particular national and other dialogues.

Disarmament

From the date of de-occupation of the settlement at the entry-exit checkpoints permanently and during the year in the occupied territories, persons may voluntarily hand over weapons, ammunition, explosives, other substances and objects that pose an increased danger to the environment, as well as other weapons, military equipment and other military property, or indicate their location (remuneration in this case is paid if National Police of Ukraine detect and seize the relevant items).

The amount of remuneration, as well as the procedure for the use of property handed over or found in accordance with part one of this article, shall be determined by the Cabinet of Ministers of Ukraine.

Prohibition of symbols

Production, distribution, and public use of symbols and awards of the occupying forces and occupation administrations of the Russian Federation, units of law enforcement agencies of Ukraine that contributed to the temporary occupation, as well as state awards, departmental and other decorations of the aggressor state related to the temporary occupation (hereinafter - the symbols associated with the temporary occupation) is prohibited.

Earlier, in January of the current year Reznikov said that there will word "collaborationist" will not be used in the final version of the bill on transition period and amnesty concerning the uncontrolled territories of Donetsk and Luhansk areas.

It is noteworthy that work on the bill on transitional justice Reznikov and his department began last year. The minister studied Croatia's experience in this sphere. He gave an example of how amnesty was used in Croatia: it covered those who did not commit war crimes, and those who did, had to be brought to justice.

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