Украйн дахь тусгай ажиллагааны асуудлаар ОХУ-ын ерөнхийлөгч В.В.Путины шийдвэрийн эрх зүйн үндэс

Abstract

We can say that there are two factors - external and internal - influencing the decision to send the Russian Armed Forces to Ukraine. The main factor in this case is, of course, external or foreign. The primary foreign factor in making decisions on special arrangements is NATO's advance to the East, to Russia's borders, which in the opinion of the Russian leadership, poses a real threat to the security of the Russian Federation. According to the UN Charter, a state has the right to self-protection, including by military means, if it sees threats to its independence and sovereignty. Secondly, Ukrainian nationalists de facto pursue a policy of "genocide" in the Donetsk People’s Republic and Lugansk’s People’s Republic (DPR and LPR). According to official data, from 2014 to 2022, more than 14,000 people were killed there due to the military actions by the Ukrainian army, encouraged by the US and the EU. Both DPR and LPR are populated by Russian-speaking people. The special operation, according to the Russian leadership, is aimed at protecting and restoring basic rights and freedom of the Russian-speaking people, violated by the Ukrainian authorities, which is fully consistent with international humanitarian law. In the western terminology, this is called "humanitarian intervention." Finally, the militarization and nazification in any state in any form of them are prohibited by international law. Therefore, de-militarization and de-nazification of states are fully legitimate which meet international norms and principles, including the UN Charter. As for as domestic legal factors of making a decision on a special operation, it should be emphasized that all the necessary internal legal basis were created, for instance, the request of the State Duma of the Russian Federation to Putin to recognize the DPR and LPR, the official recognition of the Russian Federation of these states, the law of the Russian Federation was approved by the Federation Council, which allowed the Russian armed forces to be sent abroad, the discussion in the Russian Security Council on this issue, etc. All this created an domestic legal basis for making a well-known decision on the special operation. Summarizing, we can conclude that the decision of the Russian Federation conducting special operation in Ukraine is in line with international standards and, as well as, with the domestic laws of Russia.