Legal Qualification of the Illegal Imposition of Occupation Legislation
Article 68 of the Constitution of Ukraine establishes the duty of everyone to strictly observe the Constitution and laws of Ukraine and not to encroach upon the rights and freedoms, honor, and dignity of others. On temporarily occupied territories, the Russian Federation attempts to nullify the effect of Ukrainian law and forcibly imposes its own legislation, as well as illegal “rules” and decrees issued by occupation administrations. These actions constitute a gross violation of the rule of law and Ukraine’s sovereignty.
Key Provisions of the Constitution of Ukraine
- “Everyone is obliged to strictly observe the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights and freedoms, honor, and dignity of others.”
Nullity of Occupation “Laws”: According to international law and Ukrainian legislation, the Constitution and laws of Ukraine remain in force throughout the sovereign territory of the state, including temporarily occupied areas. Any normative acts issued by occupation administrations are illegal and null from the moment of adoption, and their imposition qualifies as a crime against national security and a war crime.
Evidence of Violation (Legal Chaos)
- Introduction of the Russian ruble and tax system: Forcing the use of the Russian ruble as the sole means of payment, attempts to impose the Russian tax and banking system. Example: mass fines for using the hryvnia in temporarily occupied territories of Kherson and Zaporizhzhia regions.
- Imposition of Russian passports and “citizenship”: Forcing Ukrainian citizens to obtain Russian passports and register as “Russian citizens,” including children. Example: mass issuance of passports in Kakhovka and Melitopol without parental consent.
- Illegal jurisdiction: Attempts to conduct “courts” and “law enforcement” based on Russian legislation, ignoring the criminal and civil codes of Ukraine. Example: sentencing Ukrainian activists and entrepreneurs under Russian laws.
- Forced re-registration: Requirement to re-register enterprises, vehicles, and real estate according to occupation “laws.” Example: confiscation of Ukrainian property documents and replacement with fictitious Russian ones.
Connection with Other Articles
- Art. 109 CCU (Forced Change of Constitutional Order) — the imposition of Russian legal framework constitutes an element of an attempt to alter the constitutional order.
- Art. 437 CCU (Planning, Preparation, Initiation, and Conduct of an Aggressive War) — imposing jurisdiction is part of the crime of aggression.
- Art. 111-1 CCU (Collaborationist Activity) — applicable to Ukrainian citizens participating in the creation and functioning of illegal occupation authorities and judicial bodies.
Legal Consequences
- Article 68 provides the basis for declaring all acts issued by occupation administrations invalid.
- It provides a legal basis for holding accountable those involved in imposing occupation rules and acts.
- It confirms that Ukrainian legislation remains effective throughout the country, which is a key element in protecting sovereignty and the rule of law.
Sources
- Constitution of Ukraine: Article 68 (Text)
- Related Article: Art. 109 CCU (Forced Change of Constitutional Order) →
- Related Article: Art. 437 CCU (Crime of Aggression) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive