The Ukrainian legal system in search of an assessment of actions in the Crimea and Donbas

Abstract

This article explores the problems of qualification of criminal acts that are in connection with the ongoing armed conflict in eastern Ukraine and the Crimea committed. Scientific analysis covers events that occurred between 2014 and 2018 (inclusive). The article focuses on the causes of indecision and ambiguity of the law enforcement agencies of Ukraine. Their real practice regarding the evaluation of the actions of actors involved in the conflict, as it might seem, diverges significantly from the legislative and political vector of Ukraine. After the annexation of Crimea and the outbreak of conflict in the Donbass, the legal system of Ukraine was in a difficult position. The anti-terrorist operation fulfilled its main mission: localized the territory of the conflict, stopped the advance of pro-Russian groups and gave time to try to understand the enemy’s hybrid strategy. The application of the provisions of the criminal law on terrorism and “state crimes” made it easier to counter the armed separatists, which are controlled by Russia. The duration and systematic nature of the confrontations, their military nature, sooner or later should lead to the recognition of the analyzed events as a military conflict. Although Ukraine calls for recognition of the conflict as Russian aggression related to the commission of numerous war crimes, in practice the persecution for separatism, terrorism and treason is completely dominant. Unavailability, lack of experience, imperfection of legislation and the hybrid nature of the conflict caused the failure of the national legal system to the following decisions: to understand the essence of the events, to timely plan their actions, take adequate measures, and as a result, give an unambiguous legal assessment of the events and actions of the relevant actors.