Oleg Tsarev: Kiev Wants to Completely Abandon the Law on “Special Status” for Donbass

The Ukrainian Prosecutor General’s Office has prepared two draft laws within the framework of “transitional justice” in Donbass. According to the Deputy Prosecutor General of Ukraine Mamedov, one of the main elements of such justice is “bringing perpetrators to justice for the commission of serious international crimes”. It is not difficult to guess that this “transitional justice” will affect supporters of the DPR and the LPR. Politician Oleg Tsarev believes that such statements made by the Ukrainian authorities sound somewhat foolish.

“It is logical to note that such statements made by today’s Ukrainian authorities sound somewhat foolish: Kiev is talking about some ‘transitional justice’ for Donbass, when the case of the Maidan killings has not yet been investigated. I think that on the one hand this statement should show the ‘Western partners’ of Ukraine that Kiev is going to integrate Donbass and is actively working in this direction.

On the other hand, it tells us that Kiev is going to insist on a complete rejection of the law on ‘special status’ and is ready to work with the DPR and the LPR only on the basis of some transitional provisions. I.e., there is no question of changes to the Constitution as required by the law on ‘special status’.

In fact, the Ukrainian government needs to work not on transitional provisions and draft laws, but on changes to the Constitution. They should stipulate and clearly specify interaction between the Republics and Kiev, the powers of the prosecutor’s office, the police, and the courts. It is necessary to clearly distinguish between the issues for which the authorities in Kiev will be responsible and those that will fall under the powers of the authorities of the DPR and LPR and the Republics’ law enforcement bodies. For example, the head of police should not report to Avakov, and the Prosecutor General of the Republics would deal with all matters of a local nature.

Of course, such a scheme is more suitable for the definition of ‘confederation’ than ‘federation’, but otherwise it will be impossible to protect the inhabitants of the Republics from the arbitrariness of Kiev. For example, the Prosecutor General’s Office of Ukraine will decide to arrest Pushilin: if the Prosecutor General of Donetsk reports to the Kiev Prosecutor’s Office, he will be obliged to comply with such an order for arrest.

And this should not be the case, because it turns out that Kiev will have its hands untied to punish all ‘unwelcome’ supporters of the Republics. Therefore, the created conditions should be such that the DPR and the LPR can act independently, and obey Kiev only on a limited range of issues.

In general, of course, the Ukrainian government is beginning to wonder how many procedures should be prescribed and enshrined in laws and the constitution in order to implement the Minsk Agreements. This is a rather complex process, and as is said, the devil is in the details, but if Kiev tries only to formally implement the Minsk Agreements, the prescribed laws, for example, on the subordination of the same law enforcement bodies to local authorities, can be reduced to zero after the return of Donbass. I.e., there will be no opportunity to live independently and to choose the vectors of development of the Republics. It will be similar to the situation with Crimea: the region was considered an autonomous republic only on paper, but in fact it was fully ruled by Kiev.

But the Republics of Donbass should not depend on Kiev in any way, it is Kiev that should depend on the Republics.”

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