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Ukraine’s Policy towards Russia’s Occupation of Crimea
16 May 2014 14:48

Ukraine doesn’t recognize the Autonomous Republic of Crimea and the city of Sevastopol as Russia’s territories – this part of Ukraine’s territory is actually occupied by Russian troops. The UN General Assembly voted in favor of the Resolution “Ukraine’s Territorial Integrity”. It confirmed the unequivocal support of the international community of Ukraine’s sovereignty, political independence, unity and territorial integrity in Ukraine’s internationally recognized boundaries.

With regards to the Autonomous Republic of Crimea and Sevastopol occupation, the Verkhovna Rada of Ukraine passed the Law of Ukraine “On the Protection of Citizen Rights and Freedoms on Temporarily Occupied Territory of Ukraine” which defines the status of the territory which is temporarily occupied as a result of Russia’s military aggression, establishes special legal regime in this area and determines characteristics of activities of state authorities during this special regime, adherence and protection of human and citizen rights, as well as rights and freedoms of legal entities. 

 

With the view to the Autonomous Republic of Crimea and Sevastopol occupation Ukraine’s position is the following:

ü      CrimeanPeninsula is an integral part of Ukraine. As a result of aggression act it is now occupied by Russian military forces. In contradiction to all international norms and its own obligations Russia annexed part of Ukraine’s territory, seized Ukrainian military bases and state property. All property in Sevastopol and the Autonomous Republic of Crimea belongs solely to Ukraine.

ü      Ukraine doesn’t recognize the Autonomous Republic of Crimea and Sevastopol as Russia’s territories. The adoption of the UN General Assembly with the majority of votes in favor of “Territorial Integrity of Ukraine” Resolution (100 – “in favor”, 11 –“against”) confirmed the unequivocal support of the international community of Ukraine’s sovereignty, political independence, unity and territorial integrity within its internationally recognized borders.

ü      Ukraine will apply international law principles against Russia (liability for violating international law committed at the territory of the Autonomous Republic of Crimea and Sevastopol at institutions of international litigation and arbitration as well as international jurisdictional bodies).

ü      The Autonomous Republic of Crimea and the city of Sevastopol are determined as temporarily occupied territories and are integral parts of Ukraine where the Constitution of Ukraine and law of Ukraine prevail.

The Law of Ukraine “On the Protection of Citizen Rights and Freedoms on the Temporarily Occupied Territory of Ukraine” was adopted on 15 April 2014 (unofficial English translation is here LoU_Occ_Ter_UnEngTr.doc). It sets special legal regime at the territory of the Autonomous Republic of Crimea and Sevastopol, specifically:

ü      It foresees that citizens of Ukraine have rights for free and unrestricted entry and exit from the temporarily occupied territory upon presenting document which confirms their Ukrainian citizenship. Entry and exit of foreigners and stateless persons from the temporarily occupied territory is allowed only with the special permission via relevant entry-exit points. The order of entry and exit of foreigners and stateless persons from the temporarily occupied territory is established by the Cabinet of Ministers of Ukraine.

ü      Compulsory enrollment of Ukrainian citizens to the citizenship of other countries is not recognized.

ü      Mechanisms ensuring protections of human rights of those who reside at the temporarily occupied territory or who have moved from it are foreseen:

-          receiving documents which prove Ukrainian citizenship, identify person and his/her special status;

-          employment, pensions, state social insurance and social services;

-          electoral and property rights, guarantees of property rights etc.;

-          other legislative regulations related to temporarily occupied territory.

 

ü      Natural and legal persons keep their property rights if their property has been acquired in accordance with the laws of Ukraine.

ü      Compensations for material and moral damages caused by the temporary occupation of the part of the territory of Ukraine to businesses and individuals, associations, citizens of Ukraine and foreigners are to be referred to the Russian Federation as the state which carries occupation. At the same time Ukraine should take all possible means to contribute to the compensation of these material and moral damages caused by the Russian Federation.

ü      It is forbidden to conduct any economic activity at temporarily occupied territories (licensing, permits, certification and other state regulation activities), import and/or export of military goods, organization of railroad, auto, sea, river, ferry and air services. Moreover, it is prohibited to use state resources.

ü      Issues of pension and unemployment benefits are subjects to legislative regulation only if persons available for such state assistance refused from similar assistance offered and suggested by the Russian Federation.

On 6 May 2014 the Verkhovna Rada of Ukraine amended the abovementioned law with the following provision: citizens of Ukraine who reside at the temporarily occupied territories or moved from it to other regions of Ukraine may continue their degree studies at the territories of other regions of Ukraine. Such studies will be covered from the State Budget funds.

The Ukrainian Side calls the world community to refrain from any contacts with the self-proclaimed authorities of the Autonomous Republic of Crimea and Sevastopol. Such contacts will be considered as an unfriendly act towards Ukraine.

 

 

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