Resolution of the participants of the Second All-Ukrainian Congress of IDPs from Crimea

RESOLUTION

participants of the Second All-Ukrainian Congress

IDPs from the Crimea

May 29, 2015, Kyiv, Ukraine

We, the participants of the Second All-Ukrainian Congress of Forced Displaced Persons from Crimea, to resolve the issues of the temporarily occupied territories of the Autonomous Republic of Crimea and Sevastopol, held on May 29, 2015, note the following:

February 20, 2014 The Russian Federation started the actual implementation of the plan of armed aggression against Ukraine in the Crimean peninsula. As a result of this aggression, a “pseudo referendum” was held in Crimea on March 16, 2014 by the occupiers, and already on March 18, 2014, the authorities of the Russian Federation with the occupation regime representatives in Crimea signed documents confirming the annexation of the Crimean peninsula. On March 27, 2014, the UN General Assembly adopted a resolution on the territorial integrity of Ukraine (A / RES / 68/262).

On April 15, 2014, the Verkhovna Rada of Ukraine adopted the Law “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” No. 1207 – VII. The aforementioned Law guaranteed the observance of all constitutional rights for the citizens of Ukraine who were in the conditions of temporary occupation on the territory of the Crimean peninsula.

Faced with the facts of armed aggression on the part of the Russian Federation, the waging of a hybrid war by the country an aggressor against Ukraine, the temporary loss of part of the sovereign territory, the state power of Ukraine was unprepared for effective policy, including the observance of the constitutional rights of some citizens of Ukraine. in the temporarily occupied territory and those who had to leave the temporarily occupied territory of Crimea.

Thus, on August 12, 2014, the Verkhovna Rada of Ukraine adopted the Law “On Creation of a Free Economic Zone” Crimea “and on the Specific Features of Economic Activity in the Temporarily Occupied Territory of Ukraine” № 1635 – VII. As a result of the enactment of the provisions of this Law in the country, a series of successive events related to the adoption of regulatory and regulatory documents by state institutions of government (Cabinet of Ministers of Ukraine, National Bank of Ukraine, others) has been carried out. As a result, a situation has arisen in which the citizens of Ukraine who are registered at their place of residence in the temporarily occupied territory of the Crimean peninsula have been artificially restricted, in violation of Article 22 of the Constitution of Ukraine, in the possibility of exercising certain constitutional rights.

Due to the current circumstances, local government in Crimea was virtually liquidated. Thus, citizens of Ukraine who are registered at their place of residence in the temporarily occupied territory of the Crimean peninsula are deprived of the guaranteed Art. 7 and Art. 140 of the Constitution of Ukraine the right to local self-government. In addition, by the Laws of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine”, Crimea residents have forcibly left the peninsula, limited in their electoral rights, because they can only participate in the elections of the President of Ukraine, the Verkhovna Rada of Ukraine ( in part, in terms of proportionality) and nationwide referendums.

According to the Law of Ukraine “On Creation of a Free Economic Zone” Crimea “and on the peculiarities of economic activity in the temporarily occupied territory of Ukraine” № 1635 – VII citizens of Ukraine, residents of the Crimean peninsula, are determined by non-residents of Ukraine on a territorial basis. The National Bank of Ukraine Decree No. 669 was adopted to implement this Law, which effectively deprived citizens of Ukraine living in the temporarily occupied territory of Crimea of ​​the right of free access to the country’s financial markets, and from the point of view of investment opportunities, citizens of Ukraine living in Crimea is actually recognized by foreigners.

Thus, for example, citizens of Ukraine – internally displaced persons, who were forced to relocate from the Crimea due to political circumstances, lost the right to provide adequate living conditions under Art. 47 of the Constitution of Ukraine.

The imposed artificial restrictions deprived the citizens of Ukraine, who were forced to leave the temporarily occupied territory of Crimea, the opportunity to exercise their right to free choice of profession in accordance with Art. 42 and 43 of the Constitution of Ukraine. It is reported that even those “Crimeans” who lived and worked on the territory of continental Ukraine for several years before the occupation, at the end of 2014 began to receive proposals for voluntary dismissal from commercial structures, and first of all commercial banks of Ukraine. When hiring internally displaced persons, they were additionally required to obtain employment permits as from foreign nationals.

These “kinks” are a direct consequence of the introduction of incorrect terminology in the said Law and subsequent normative acts adopted on its basis.

It should be noted that so far no legislation has been introduced into the legislation of Ukraine by which it could be legally determined conscientious and legal persons who are responsible for supporting the occupation of part of the sovereign territory of Ukraine, as well as the legal and natural persons who are responsible for maintaining the occupation regime in the Crimea, no criteria describing this support. The current legislation of Ukraine does not provide norms, using which state institutions would be able to adequately respond to the actions of the occupation regime in the Crimea and to other structures and persons providing direct or indirect support to the actions of the occupation regime. As a result, persons who have betrayed the interests of their country and embarked on the path of collaboration, with rare exceptions and unlike law-abiding and loyal citizens of Ukraine, have the opportunity to move freely throughout Ukraine and the world, to manage their property, to exercise other rights in these territories. Companies that violate, unfortunately not introduced by Ukraine, the sanctions regime under the current Ukrainian law can not be held liable.

Government institutions in Ukraine do not have a common strategy and plan of action, as well as criteria for evaluating the effectiveness of their activities in the temporarily occupied territory. There is a situation where the actions of central executive and legislative authorities in Ukraine go against the actions initiated by our Western partners, which is not in line with Ukraine’s international commitments, in particular, the provisions of the Association Agreement between Ukraine and the EU on the implementation of coherent foreign policy activities. If such practices continue, it is not possible in the future to create collisions imposing sanctions on Ukraine or Ukrainian natural or legal persons in view of violations of EU legislation adopted in view of illegal annexation of Crimea.

Although in January – April 2015, the Verkhovna Rada of Ukraine adopted two Decrees on the recognition of the Russian Federation as an aggressor, unfortunately, for the most part, the actions of the state authorities are limited only by declarative statements of the future return of the temporarily occupied territories, without any specification in the actions . It can be stated that today, first of all, the executive bodies of the country do not fully or partially implement a number of adopted legislative and regulatory acts:

The Cabinet of Ministers of Ukraine does not implement the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” under item 3 of part 10 of this Bill. Namely: (… in case of circumstances referred to in Article 1 of this Law that caused mass (more than 100,000 persons) displacement of Ukrainian citizens, or in case of continuation of circumstances referred to in Article 1 of this Law, more than 6 months (Cabinet of Ministers of Ukraine) comprehensive state targeted programs for support and social adaptation of internally displaced persons with identification of sources and volumes of financing, controls their implementation).
Paragraph 3 of Article 17 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” is not fulfilled. Namely: “In case of impossibility to carry out activities on the temporarily occupied territory, the location of state bodies established in accordance with the Constitution and laws of Ukraine shall be determined by the Cabinet of Ministers of Ukraine”.

It concludes that for the effective functioning of the executive power institutions in the country there is a lack of legislative instruments that would facilitate more constructive work and increase accountability and accountability for actions and measures taken, which would be at the same time:

The expected signals for Ukrainian citizens who are in occupation or forced to leave the occupied territory as confirmation of the fact that the authorities did not consider the real rather than declarative attention to resolve the issue of the occupation and reintegration of the Crimean peninsula.
Signals for collaborators and violators of the sanctions regime about the inevitability of the onset of responsibility for actions taken.
To the leadership of foreign countries, our partners, and other international organizations, as confirmation of the sequence of actions of the authorities of Ukraine, in its desire for the occupation and reintegration of temporarily lost territories of the country.

Having thoroughly discussed and analyzed the problematic issues that have arisen in connection with the temporary occupation of the territory of the Crimean Peninsula, noting the variety of consequences of such a situation and noting the need to regulate it and bring it into line with the requirements of the Constitution of Ukraine, universally recognized democratic principles the driving of internally displaced persons from the Crimea is noted in the necessity of making the following decisions:

To create from among representatives of public organizations dealing with the issues of the occupation and reintegration of Crimea, an advisory body with the participation of representatives of the Verkhovna Rada of Ukraine, the Administration of the President of Ukraine, the Cabinet of Ministers of Ukraine.
Continue to look for ways to establish a dialogue with all branches of the authorities of the country on joint solution of the issues of occupation and reintegration of Crimea, assisting you IDPs.
The Verkhovna Rada of Ukraine and the Committees of the Verkhovna Rada of Ukraine:

3.1. To amend the Constitution of Ukraine, in part:

3.1.1. Optimization of the administrative-territorial structure in the temporarily occupied territory of Crimea (Section IX, Art. 133 and Section X).

3.1.2. Develop and adopt the Law of Ukraine “On strategy for the occupation and reintegration of the territories of the Autonomous Republic of Crimea and the city of Sevastopol” and the state program for the occupation and reintegration of the Crimea, as an annex to the Law, providing for financing of the processes of the occupation and reintegration of the Crimean peninsula.

3.1.3. Introduce a moratorium on the application with further repeal of the Law of Ukraine “On Creation of a Free Economic Zone” Crimea “and on the peculiarities of economic activity in the temporarily occupied territory of Ukraine”.

3.1.4. Develop and adopt a new wording of the Constitution of the Autonomous Republic of Crimea, which has the force and status of the Law of Ukraine in Ukraine. The amendments should be preceded by a comprehensive analysis of the errors in order to prevent and completely eliminate the possibility of repeating the scenarios implemented in Crimea.

3.1.5. Adopt the Law on Toponymics in Crimea. This law will, in particular, influence the elimination of the communist heritage and influence on the consciousness in the Crimea, will make the issue of changing property rights in Crimea problematic without the participation of relevant Ukrainian profile institutions.

3.1.6. Develop and adopt the Law of Ukraine “On Collaboration” as a document and decisive inevitability of criminal, administrative, civil, constitutional, depending on the degree of guilt, will cool the appetites of collaborators in their desire to enrich themselves at the expense of the Ukrainian state and private property making sound civilian decisions.

3.1.7. Develop and adopt the Law of Ukraine “On the Status of the Crimean Tatar People in Ukraine”. In our opinion, this Law should finally resolve all the problems that have accumulated from the integration of the Crimean Tatar people as an integral part of the Ukrainian political nation.

3.1.8. Develop and adopt the Law of Ukraine “On Internal Economic Policy and Economic Activity in the Temporarily Occupied Territories of the Autonomous Republic of Crimea and the City of Sevastopol”, which should clearly define the criteria and restrictions on forming economic relations with the temporarily occupied territories (or introduce a section in the Law of Ukraine) On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine ”).

3.1.9. Develop and adopt the Law of Ukraine “On Ensuring the Exercise of Ownership in Temporarily Occupied Territories of Ukraine”, which should become a signal – a guarantor of preservation of all property rights acquired legally by the time of occupation and annexation of the peninsula, both for Ukrainian and foreign owners and investors, on the one hand. Limiting the appetite of the occupying power in Crimea and the interests of investors, including Ukrainian and Russian, which the occupying power is trying to attract to the Crimea (or introduce a section in the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and Legal Regime in the Occupied Territory of Ukraine”).

3.1.10. Develop and adopt the Law of Ukraine “On Organization and Conduct of State-Legal Experiment on Creating a Model of Election Election Process” within the framework of partial restoration of the system of local self-government of the Autonomous Republic of Crimea and the city of Sevastopol.

3.1.11. To decide on the organization and conduct of a state-legal experiment to create a model of economic development of the Kherson region, as a basic one, in resolving the issues of occupation and reintegration of the temporarily occupied territory of the Crimean peninsula.

2.1.12. Make a decision to create a charitable organization “Crimean Reintegration Fund”.

Of the Cabinet of Ministers of Ukraine:

3.1. Develop and propose a State Program for the Decommissioning and Reintegration of the Crimea as an integral part of the Law of Ukraine “On Strategy for the De-occupation and Reintegration of the Territories of the Autonomous Republic of Crimea and the City of Sevastopol”, providing for financing of the process of de-occupation and reintegration of the Crimean Peninsula.

3.2. To develop and propose a Regulation on the establishment of a Fund for the occupation and reintegration of the Crimean peninsula, indicating the sources of financing for its activities.

3.3. To publicly announce the course of implementation of the adopted legislative and regulatory acts in relation to the temporarily occupied territory of the Crimea and the citizens of Ukraine who were forced to leave the temporarily occupied territory of the Crimean peninsula.