Abstract
This article reviews the consequences of the invasion by military elements of the Russian Federation and its adjuncts, including pro-Russian separatist armed groups, 1 into Ukraine’s eastern regions or oblasts following Russia’s annexation of the Crimea. The review focuses on the adverse impact and ongoing trespass on Ukraine’s (i) criminal and, to a lesser extent, civil and administrative justice systems; (ii) police, prosecutorial and court institutions; (iii) access to justice by the Ukrainian citizens residing in the conflict zones of the Donetsk and Luhansk oblasts, and (iv) the long-term implications of restoring Ukraine’s justice framework to the conflict areas once the invading forces are routed. The authors summarize the efforts of the invasive forces to undermine the rule of law by establishing their own presumptive rogue constructs for processing matters ordinarily adjudicated by sovereign courts. These rogue constructs staffed by persons of unquestioning political loyalty to the Russian Federation and operating pursuant to substantive law and procedure based on Russian legal models. Keywords: justice in Ukraine’s eastern oblasts
Highlights
During the final days of the Revolution of Dignity in Ukraine that commenced on November 2013 and continued through February 2014, military elements of the Russian Federation invaded Ukraine’s Crimean Peninsula and immediately began to implement plansArt. 9, page 2 of 18for its annexation
These rogue constructs staffed by persons of unquestioning political loyalty to the Russian Federation and operating pursuant to substantive law and procedure based on Russian legal models
The Ukrainian government eventually responded by deploying an anti-terrorist operation (ATO) in the East of Ukraine in what is referred to as the Donbas area that includes the Donetsk and Luhansk oblasts
Summary
This article reviews the consequences of the invasion by military elements of the Russian Federation and its adjuncts, including pro-Russian separatist armed groups,[1] into Ukraine’s eastern regions or oblasts following Russia’s annexation of the Crimea. The review focuses on the adverse impact and ongoing trespass on Ukraine’s (i) criminal and, to a lesser extent, civil and administrative justice systems; (ii) police, prosecutorial and court institutions; (iii) access to justice by the Ukrainian citizens residing in the conflict zones of the Donetsk and Luhansk oblasts, and (iv) the long-term implications of restoring Ukraine’s justice framework to the conflict areas once the invading forces are routed. The authors summarize the efforts of the invasive forces to undermine the rule of law by establishing their own presumptive rogue constructs for processing matters ordinarily adjudicated by sovereign courts. These rogue constructs staffed by persons of unquestioning political loyalty to the Russian Federation and operating pursuant to substantive law and procedure based on Russian legal models
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