Territorial Integrity Research Articles

Failure to fulfill the duty to protect the fatherland, independence and territorial integrity VS religious beliefs of a person: the practice of the European Court of Human Rights

The article is devoted to the problem of establishing legal positions in the case law of the European Court of Human Rights aimed at resolving the issue of the possibility of criminal prosecution of Ukrainian citizens who refused to fulfill their duty to defend the Fatherland, independence and territorial integrity due to religious beliefs. The case law of the European Court of Human Rights addresses the problem of a legal conflict between a person’s obligation to perform military service and his or her religious beliefs in case of refusal to perform military service. The main criterion used by the Court to establish that the state has violated Article 9 of the Convention (freedom of thought, conscience and religion) is the existence of a grave and insurmountable conflict between the obligation to perform military service and a person’s conscience or sincere and deeply held beliefs, whether religious or otherwise. Violation of Art. 9 of the Convention (freedom of thought, conscience and religion) and/or Art. 14 of the Convention (prohibition of discrimination) were found in the following cases: lack of possibility to perform alternative civilian service instead of military service (Bayatyan v. Armenia); conviction of the applicant for evasion of military service, his subsequent mobilization and demobilization with a documented diagnosis of adaptation disorders that arose during the military service (Feti Demirta§ v. Turkey) the absence of a real alternative civilian service, which, according to the legislation of the state, was actually part of the military structure (Teliatnikov v. Lithuania, Adyan and Others v. Armenia) the absence in the legal system of the state of an effective and accessible procedure that would allow pacifist applicants to find out whether they are entitled to use the status of a person who refused to perform military service (Savda v. Turkey, Tarhan v. Turkey); exemption from military service for clergymen of «recognized religious communities» rather than «registered» religious organizations, despite the similar nature of the functions performed by these organizations (Loffelmann v. Austria, Gutl v. Austria, Lang v. Austria).

Borders, states, and armed conflicts in Europe and Northeast Asia since 1945: The moral hazard of great-power encroachments

This article discusses the significance of international borders in Europe and Northeast Asia during the Cold War (1945–1989) and after. Using the concept of ‘moral hazard’, the article examines what happens when great powers frequently violate the borders of neighboring countries without suffering adverse repercussions. Norms of sovereignty and territorial integrity are viable only if large countries are willing to uphold them most of the time. The Soviet Union used or threatened to use military force against East European countries on numerous occasions (1953, 1956, 1968, and 1980–1981) with impunity. The Russian Federation adopted a broadly similar policy toward neighboring countries that had been republics of the Soviet Union until 1991. Russian forces in Georgia, Moldova, Tajikistan, Belarus, and Ukraine served as instruments of Russian hegemony in those countries. Until 2014, Western governments made little or no effort to deter or counter Russian military encroachments in neighboring republics. By the principle of moral hazard, leaders in the Kremlin came to believe that they could act with a free hand in the former USSR.

Regarding the classification of special technical means of covert information acquisition

Based on the analysis of current legal acts and scientific literature, the article examines the issues related to ensuring security during covert investigative (detective) actions with the use of special technical means for covert obtaining of information. At present, these issues are in demand in the context of combating encroachments on the territorial integrity or territorial inviolability of the state, in particular, those related to the full-scale invasion of the Russian Federation into the territory of our country, the number of which has been increasing in recent years. In legislative and departmental regulations and special literature, scholars and practitioners have paid sufficient attention to the issues of legislative regulation of the organisation and use of special technical means in the course of covert investigative (detective) actions.
 Thus, regulatory documents and technical support for covert investigative (detective) actions conducted with the use of special technical means do not fully meet the current operational tasks of the state law enforcement agencies. Therefore, the issue of further development and harmonisation of legislative and departmental acts, improvement and introduction of the latest technologies and modern equipment in the course of operational search, counterintelligence and investigative activities is relevant.
 In the period of transformation processes which are taking place and changing the state and legal reality of the European Community countries, which Ukraine, in particular, is trying to join, an important issue is to ensure democratic and humane principles of the State’s functioning.
 The scientific novelty of the article is the actualisation of the problems associated with the use of special technical means of obtaining information and the introduction of the author’s system of their classification in the course of covert investigative (detective) actions.

Gender Equality in Wartime: How War Changed the Role of Women in Society

The article analyzes the current state and promising ways of ensuring gender equality in the defense and security forces of Ukraine. The aggression of the Russian Federation against Ukraine, the resulting violation of territorial integrity, sovereignty, encroachment on Ukraine’s independence, brought to the fore the issue of overcoming gender stereotypes, establishing equality, and combating gender-based and sexual violence both in Ukraine and around the world. In these conditions, first of all, the state policy regarding the development of the Armed Forces of Ukraine was revised. This article focuses on the issues of military service from the point of view of equal rights, opportunities and equal value of the results of the activities of men and women. “Stereotyping” of their roles in resolving armed conflicts is one of the reasons for gender inequality within the security and defense sector of Ukraine. The author analyzed the number of armed forces of some foreign countries for genetic equality. Some countries already have female (or predominantly female) units, however, regular armies rarely involve them in direct combat. It is concluded that women play a significant role in the modern Ukrainian army, and recent events, in particular Russian aggression against Ukraine, continue to create instability in the world. And in such difficult conditions, our state, most likely, will have to exist for quite a long time. Therefore, it would be possible to significantly strengthen the defense capability of the country by attracting women to mandatory military service. The article also draws attention to the fact that in modern conditions there is a steady trend towards a significant increase in the number of women, the geography of the positions held by female servicemen is expanding significantly, but in order to ensure gender equality in the Armed Forces, the legislator must still improve the mechanism for taking into account the characteristics of social gender under time of military service. Moreover, the understanding of gender equality in the military should become established - not as a mechanical identification of men and women, but as taking into account the specifics of the capabilities of one or another social gender to effectively perform their official duties in certain positions with the most positive result.

Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
 The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
 The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.

Legal Regulation of Military Transport Obligation in the Russian Federation

The article examines the essence, characteristics of normative legal regulation and problematic aspects of implementation of military transport obligation in the Russian Federation. The author notes that in difficult modern conditions, fulfilment by citizens and organisations of their constitutional responsibilities to ensure the defence of the country and the security of the state is an important area of preserving the sovereignty and territorial integrity of Russia. The social, historical and legal roots of military transport obligation are described. It has been studied that in Russia, the legal acts at the federal level have established necessary regulatory and legal requirements, characterised by completeness, accessibility for acquaintance and general elaboration of regulated issues. Military transport obligation in the country has been established to provide state armed forces with vehicles during the period of mobilisation and during wartime. The paper substantiates that military transport obligation appears to be an important structural and functional construct in the material, technical and regulatory support of the country’s defence capability and state security. The author has formulated specific proposals for improving the current state legal regulation of the issue under consideration, to increase the level of mobilisation readiness of vehicles and ensure better performance of military transport obligation.

The right of the Republic of Moldova to defense and some aspects of defensive capabilities

Although it has declared itself a neutral state, the Republic of Moldova is compelled to consider potential sources of military threats. Defense is a fundamental and distinct field of national security, aiming to achieve national interests and the processes of political, economic, and social development of the state. According to international law, the Republic of Moldova has the right to defend and ensure its military security by all means at its disposal. It is legal to maintain Armed Forces, built on the principle of defensive sufficiency, for the defense of sovereignty, independence, and territorial integrity, as well as for the annihilation of armed conflicts and other acts of violence within the country that endanger the constitutional order.

The “Gray Zone” Conflicts in China- U.S. Relations: From a Geopolitical Perspective

The “gray zone”, referring to actions below the threshold of war, is also known to as hybrid threats, sharp power, political warfare, malign influence, irregular warfare, and modern deterrence. Recently, there has been a good deal of discussion about China- U.S. “gray zone” conflicts. These conflicts can be best characterized as activity that is coercive and aggressive in nature, but that is deliberately designed to beyond conventional military conflict and open interstate war. Although the United States and China are highly interconnected in many ways, the U.S. government has deployed extensive and diverse gray zone tactics against China, seriously infringing upon China’s sovereignty and territorial integrity. The United States’ position on the South China Sea, Taiwan, Vietnam, India, Japan and South Korea are best understood as a gray zone conflicts. These conflicts heavily undermine strategic stability, disrupt policy-making, and cause unintended escalation, causing “gray zone challenges” to both China and the United States. However, these challenges are difficult for the two government to address in today’s complex and competitive international environment. Through a geopolitical perspective, this paper aims to offer a deep understanding of the complex gray zone conflicts within China-U.S. relations and provide feasible recommendations for Chinese government to counter U.S. gray zone aggression.

The content and structure of the educational discipline "Military-patriotic education" for the preparation of applicants for the specialty 017 "Physical culture and sports"

The full-scale war in Ukraine determined the educational strategy of the state regarding the organization and implementation of military-patriotic education and military-patriotic training of youth. The article presents the content and elements of the structure of the educational discipline "Military-patriotic education" for the preparation of applicants for the "Physical culture and sports" specialty. Research methods used: analysis of educational and methodological literature; study of scientific publications on the subject of research; systematization and generalization of information; study of regulatory documentation regarding the organization of the educational process in institutions of higher education.
 The training course contains three credits, 2 content modules: the basics of military and patriotic education; physical and military training. The goal of the educational discipline is to form the affirmation of national identity, patriotic consciousness, a sense of loyalty and love for Ukraine, readiness to fulfill the civic and constitutional duty to protect national interests, territorial integrity and independence of Ukraine based on real heroic examples of Ukrainians.
 The educational course includes the following topics: structure and content of military-patriotic education; history of the Ukrainian army and military service; state symbols of Ukraine; military and patriotic games; general physical training; fire training; topographic preparation; tactical training; tactical medicine.
 During the study, relevant competences are formed. The system of values, which Ukraine demonstrates by its own example and the highest price of Ukrainian Heroes, is assimilated; the formation of patriotic values, education of respect and dignity, features of the Ukrainian mentality; acquisition of skills and abilities in military applied training.

Violations of Sovereignty in “Cyberspace” Under the United Nations Charter

Affirming that violating State sovereignty through and against “cyber” infrastructure could be covered by the scope of Art. 2(4) and (7) of the United Nations Charter is one of the most pressing challenges that faces international law today. This article aims to address this issue by expanding on a general taxonomy outlined in the Tallinn Manual 2.0 on violations of sovereignty in “cyberspace”. These violations are categorised as conducts leading to either “infringement upon the target State’s territorial integrity” or “interference or usurpation of inherently governmental functions”. In order to map the taxonomy of the Tallinn Manual 2.0 onto Art. 2(4) and (7), it is necessary to highlight the convergence between territorial sovereignty and “cyberspace” that allows for extending the scope of application of Art. 2. Through recognising data as “assets” that can be subject to a functional sovereignty, that in turn could be subject to unlawful use of force in violation of the general ban codified in Art. 2(4) as an “infringement upon the target State’s territorial integrity”. Extending the scope of Art. 2(7) is contingent upon defining the concept of intervention as a conduct aiming to unlawfully assume an exclusive competence of a State by another State. Under this concept, intervention in “cyberspace” could be envisaged as attempts to gain control over the functionality of certain “cyberspace” infrastructure that is instrumental for the manifestation of State exclusive competences. A process that demands taking control of that entity to an extent impinging the regular functioning of the targeted entity beyond the mere manipulation of data. Under the proposed definition of intervention such conduct of “interference or usurpation of inherently governmental functions” can constitute a violation to the principle of non-intervention as codified by Art. 2(7).

Путінське задзеркалля: псевдоісторичні ремінісценції як ідеологічне обгрунтування антиукраїнської експансії

The purpose of the research is to characterize the main immanent properties of the rhetoric of the President of the Russian Federation, V. Putin, which appeals to the history of Russia and Ukraine. The methodological approaches are based on the theoretical work of leading experts in history, political science, law, social psychology, hermeneutics and the application of interdisciplinary methods and modern terminology. The scientific novelty of the material is determined by reference to several Putin texts, which ideologically and motivationally framed the large-scale invasion of the Russian army into Ukraine. For the first time, they are analyzed together as forming the core "concept" of the Kremlin's aggressive anti-Ukrainian course. Conclusions. Historical and related commemorative politics play a special role in totalitarian and authoritarian states, as they effectively mobilize society and legitimize existing regimes. In the modern Russian Federation, historical politics serves as a tool for justifying the expansionist, imperialist course of the Kremlin to its neighbors. The disintegration of the Union of the SSR caused a shock to most Russians, who were overwhelmed by feelings of resentment and nostalgia for the lost greatness of the world power. On these psychological strings, the President of the Russian Federation, V. Putin, "plays" who systematically resorts to historical reminiscences, in which he searches for arguments for asserting an aggressive line of behavior in the international arena. The fact that these appeals to the past are accompanied by falsifications and even outright lies is of no particular importance to the "deep Russian people." After all, the speaker determines the degree of truth of what is said there. Manipulation of the mass consciousness of Russian citizens enabled the Russian authorities to mentally and physically involve tens of millions of people in the war against Ukraine. The texts of Putin's articles and addresses convince that the Russian leadership and society have lost their ethical and value orientations, ignore the principles of the rule of law, democratic freedoms, and respect for the sovereignty and territorial integrity of other countries.

Pelanggaran Hak Asasi Manusia Internasional pada Invasi Rusia ke Ukraina

This research aims to find out the rules and sanctions that can be imposed on violations of international human rights in the event of Russia's invasion of Ukraine. The method used in this research is normative legal research, which is research by examining laws and regulations, legal concepts, and legal theories to be applied to a particular problem. The result of this research is to find out the efforts that can be made by all countries in the world in order to stop ongoing violations of international human rights in the event of Russia's invasion of Ukraine. The military invasion launched by Russia into Ukraine has had consequences that violate international human rights principles. These violations include attacks on Ukraine's sovereignty and territorial integrity, violations of civil rights, and the unlawful use of military force. Non-compliance with international law resulting from this invasion has had serious humanitarian impacts, including loss of life, displacement, and damage to infrastructure. In the context of international law, this invasion raises questions regarding the upholding of human rights principles and compliance with the laws of war. The acts of military aggression carried out by Russia are contrary to a number of international treaties governing state sovereignty and the prohibition of the use of military force without legal authorization. This situation has given rise to debate and emphasis on the need to enforce rules that protect human rights and global justice.

Ukrainian-American non-profits in 2014–2022: constructing diasporic Ukrainian identity through personal and collective narratives

ABSTRACT In 2014–2022, the Ukrainian-American non-profits took a leading role in supporting Ukraine’s sovereignty and territorial integrity. While before Russia’s full-scale invasion, these organizations were focused primarily on humanitarian projects, since 2022, they took up the challenge to launch advocacy initiatives, fundraising campaigns, and rallies, provide military and medical assistance to the Ukrainian armed forces, and deliver humanitarian aid to all parts of Ukraine. The paper reveals the key narratives of the Ukrainian-American non-profits, which represent the diasporic Ukrainian identity in the USA. These narratives focus on the Ukrainian-American diaspora agency, Ukrainians and Ukraine, Ukrainian local and global subjectivity, and critical geopolitical issues. Articulated in interactions with local and global online and offline communities, the narratives become multifunctional representations serving to inform, report, inspire, consolidate, and engage the audience. The paper shows how these non-profits are making efforts to narrate a shared past, engage in the present, and visualize the future. Despite the heterogeneity of the Ukrainian diaspora members, represented by different migration waves, their narratives unveil a distinct identity on the individual, institutional, community, and national levels. The discursively constructed diasporic Ukrainian identity is dynamic, heterogeneous, and performative, and it combines ethnic and civic identifications.

Br-319 Highway, Brazil: Geopolitics, Transportation, and Pioneer Fronts

This paper aims to provide an overview of the BR-319 highway (connecting Manaus and Porto Velho, Brazil) through a geopolitical analysis of transportation and pioneer fronts. The objective is to highlight the State’s role in the Amazon and the process of Brazilian territorial integration. It also points out considerations on cargo and passenger transport activities organized along this corridor and highlights the existence of pioneer fronts with various temporalities. Bibliographic and historical surveys were conducted, involving the examination of newspapers from the decades 1960 to 2000. Additionally, fieldwork was undertaken between 2014 and 2022. Following the completion of the fieldwork, the study identified the organization of transport activities and the development of pioneer fronts in the southern segment of the highway in the district of Realidade, within the municipality of Humaitá-AM.

The role of territorial governance as an instrument for biological diversity conservation in the Atlantic Forest: Social learning from the Paraná River Biodiversity Corridor, Brazil

In Latin America, in the non-coastal portion of the Brazilian Atlantic Forest, there is the territory of Paraná River Biodiversity Corridor, which shares decision-making processes since 2010 and based on the performance of its Managing Network. In this context, the aim of this study was to evaluate the role of the Paraná River Biodiversity Corridor Managing Network as an instrument of territorial governance for biological diversity conservation actions. Methodologically, the method of participant observation of the Network's meetings was used, in association with the semi-structured questionnaire and content analysis of its technical reports. The results showed that the Network expands institutional action for biodiversity conservation in the territory, enhancing personal learning and the possibility of building shared agendas, for example, the elaboration of a Bioregional Management Plan for the Corridor. Out of every 10 planned actions, seven were completed, which demonstrates confidence in the Network in mediating inter-institutional actions. One of these actions was the approval of an ecological restoration project carried out in partnership by 16 Network members from 2017 to 2022, expanding results and optimizing financial costs. However, there are limitations related to the institutional structure of the Network members, who lack dialogic and administrative prerogatives that end up not favoring territorial integration. Finally, develop actions for the conservation of biological diversity must be planned in a dialogical and participatory way, on a regional scale and mediated, unconditionally, by robust governance arrangements.

Transformation of Criminal Legislation at the Present Stage

Currently, there are transformational processes in criminal policy associated with a change in the function of the criminal law from protective to preventive, the implementation of a relatively new principle — the economization of the industry, a shift in emphasis in the hierarchy of values from the personal interests of the individual to the national interests, the protection of the integrity of the state. “Subversive” activities (both organizational and economic in nature) aimed at destroying the integrity and security of the State, strengthening the terrorist threat and expanding extremist acts required a timely and adequate “response” from the State by establishing criminal liability for “special complicity” in acts of terrorism and extremism, expanding the number of “conscripts” crimes. Transformational socio-political processes (COVID-19, special military operation) have changed the basic principles of the criminal law industry, refocusing on the protection of state interests with an emphasis on prevention. In the long term, such an approach will allow rational use of criminal law tools, which will lead to the economization of the industry. The purpose of the study is to identify trends in the criminal policy development, confirming that modern criminal legislation is at the stage of transformation. The dialectical method of cognition was used as a methodological basis, which made it possible to build a general strategy of scientific search. To obtain concrete results, general scientific (analysis, synthesis, abstraction) and private scientific methods (logical-legal, axiological, synergetic) were used. Conclusion: since 2000, the changes introduced into the criminal law have led to the dominance of the preventive function over the protective one, which indicates profound changes in the criminal law, i.e. transformation. Socio-political changes in Russian society and Russia's role on the world stage confirm the need to strengthen responsibility for criminal encroachments on the security of the state, its territorial integrity and constitutional system in compliance with the doctrinal principle of economization of the industry, which consists in the rational use of means of criminal law response, as well as the possibility of expanding the norms of a compensatory nature in relation to crimes in the economic sphere. The unity of the nation, the departure from social egoism is possible only if criminal legislation is formed aimed at preventing crimes against the national interests of Russia. In addition, the preventive potential of the criminal law in the long term will minimize the number of serious and especially serious crimes committed against the security of the state and its territorial integrity, which will save state resources.

Constructing Kurdish Statehood in Northern Iraq: The Primacy of Traditional Statecraft over International Law

ABSTRACT: This paper analyses the long-running debate between the oft-opposed international legal/political doctrines of self-determination (maintained by the Kurds) and territorial integrity (advocated by Iraq, Turkey, Iran, and Syria) to conclude that the latter trumps the former. The author examines international legal practice regarding the UN, the Helsinki Final Act of 1975, various ICJ decisions regarding former Yugoslavia and Africa, the international legal doctrines of sovereignty, succession and uti possidetis, among others, to reach this conclusion. However, there is nothing in international law that prohibits successful secession as the cases of Eritrea and Kosovo, among others, illustrate. Nevertheless, either the secession must be won in war or accepted peacefully by the original mother state. Neither has occurred in the case of the Kurds. Remedial secession and internal self-determination also offer more flexible interpretations of the applicability of self-determination, but do not constitute international law or detract in any way from the conclusion that territorial integrity takes precedence over self-determination. Thus, international law only plays a secondary role in attempts to solve the Kurdish predicament. Traditional power politics remains the primary solution to the Kurdish predicament. However, by successfully building rudimentary state institutions, the KRG has managed to stake a claim to autonomy and even nascent statehood.

Суверенитет и территориальная целостность. К дискурсу о российском влиянии на финскую государственность

Introduction: paradigms of modern statehood have specific features that reflect the historical, philosophical, legal values of a particular country. Sovereign statehood is largely formed under the political, economic, sociocultural influence of bordering countries, due to geographical predetermination being neighbors throughout all the history of their existence. The territories of these states are often subject to changes in their political and legal belonging. At the same time, the common history of neighboring countries necessitates a search for models of mutual coexistence based on the principles of respect for their value foundations. The study of modern Russian‐Finnish relations determines the politico‐legal discussion about Russia’s influence on the formation of sovereign Finnish statehood, which in recent years has gained newfound relevance in the light of the ongoing transition from a bipolar world order to a multipolar one. Purpose: basing on historical facts, to develop approaches to the understanding of the significant Russian influence on the creation of modern Suomi statehood. Objective: to study the foundations of Finnish statehood in terms of its sovereignty and territorial integrity as reflected in legal documents. Methods: formal legal, comparative legal, historical legal. Results: the paper substantiates the thesis about the unconditional influence of Russia on the formation of modern sovereign Finnish statehood and its territorial integrity. Conclusions: contrary to the point of view, persistently imposed in recent years within colonial discourse, about the tough position of imperial Russia in relation to Finland, the creation of statehood of this country was predetermined by the influence that Russia had exerted over many centuries.

Are the Current Borders Eternal? Nationalism and the “Territorial Integrity” Concept as the Sources of all the Geopolitical Problems.

Are the Current Borders Eternal? Nationalism and the “Territorial Integrity” Concept as the Sources of all the Geopolitical Problems.

The 2014 Crimean Crisis: Collective Self-Determination, Territorial Integrity, and Legitimacy under International Law

The 2014 Crimean Crisis: Collective Self-Determination, Territorial Integrity, and Legitimacy under International Law