The talk focuses on the foundations of the constitutional and legal orders of non-recognized entities in Ukraine, namely the so-called “Donetsk/Lugansk Peoples’ Republics”. Additionally, the speaker pursues the objective of clarifying whether the legal systems of these entities can ensure protection of the human rights and fundamental freedoms of their residents in line with standards of international public law and European law. It is argued that the constitutional orders of the Donetsk/Lugansk Peoples’ Republics are distinguished by a few undeniable similarities and “sources of inspiration”. Furthermore, residents of these entities experience similar problems regarding protection of their fundamental rights and application of international conventions on human rights. Legal and political implications of the current War in Ukraine on the legal orders of these entities is also analysed.
Bibliography
B. Harzl, R. Petrov (eds), “Unrecognized Entities: Perspectives in International and European Law” (Brill Nijhoff, Leiden, 2022), 275 p
R. Petrov, G. Gabrichidze, P. Kalinichenko, “Constitutional Orders of Non-Recognised Entities in Georgia and Ukraine. Can façade Constitutions Ensure Adequate Protection of Human Rights?”, 45(1) Review of Central and East European Law (Brill, Nijhoff) (2020) 92-125.
J. Vidmar, “The Annexation of Crimea and the Boundaries of the Will of the People”, 16(3) German Law Journal (2015), 366-383.
S. van der Driest, “Crimea’s Separation from Ukraine: An Analysis of the Right to Self-Determination and (Remedial) Secession in International Law, 62 Netherlands International Law Review (2015), 329-363.
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