Natalia Yu. Nikonorova
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International legal qualification of the conflict in Donbass from March 2014 to February 21, 2022Moscow University Bulletin. Series 11. Law. 2024. 1. p.179-198read more104
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This article is devoted to the legal analysis of the qualification of the armed conflict in the Donbass in the period from March 2014 to February 21, 2022, which is decisive for establishing the legal consequences entitled by this particular form of armed conflict. In order to establish the most objective legal assessment of this conflict, the positions of representatives of the Western and Ukrainian doctrines of international law are considered, as well as an analysis of historical facts and documents of international organizations. A study of Ukrainian and Western scientific sources showed the similarity of the positions of their authors in attempts to qualify armed conflict that took place in Donbass in the appointed time period, as international or as internationalized. At the same time, references either to propaganda editions, or to advertising and unproven events serve as an argument for such statements. At the same time, an analysis of the objective circumstances and the most authoritative documents of international organizations only casts doubt on the consistency of the material that those authors describe, but also casts to make completely different conclusions. Considering the approval of the Set of Measures for the Implementation of the Minsk Agreements by the UN Security Council, and also drawing the attention to the facts, it becomes obvious the non-international nature of the conflict in Donbass.
Keywords: armed conflict, legal qualification, effective control, resolution, international law, conflict in eastern Ukraine
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