Legal status of the territory of Crimea after the accession of Russia

Authors

DOI:

https://doi.org/10.24862/rcdu.v13i2.1632

Abstract

The purpose of the research. The purpose of the article consists in  determination of the current international legal regime of the territory of Crimea for further proper argumentation of Ukraine’s position in interstate disputes with the Russian Federation. Main content. Various forms of foreign military presence on the territory of a state have been studied, such as: occupation, conquest, deployment of foreign military bases, annexation, etc. Determined are signs that characterize the legal regimes of occupation and annexation and their international regulation. Methodology:  Review of materials and methods based on analysis of documentary materials of the annexation of Crimea on the part of Russia. Conclusions. Characteristic features of annexation being currently a kind of aggression crime include unilateral declaration of state sovereignty over a territory which have not been a part of this state, as well as the legitimation of annexation through de facto ownership of a territory and international recognition of this fact. According to the international law, there is currently no legal mechanism for the transfer of sovereignty over territory to an aggressor through annexation.

Key words: annexation, conquest, foreign military presence, occupation, sovereignty.

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Author Biographies

Leheza Yevhen, University of Customs and Finance, Dnipro, Ukraine

Professor, Doctor of Science in law, Professor at the Department of Administrative and Customs Law, University of Customs and Finance, Dnipro, Ukraine

Dmytro Pryimachenko, University of Customs and Finance, Dnipro, Ukraine

Doctor of Law, Prefessor, Vice-Rector, University of Customs and Finance, Dnipro, Ukraine

Vita Moroz, Dnipropetrovsk State University of Internal Affairs, Dnipro, Ukraine

Doctor of Law, Department of Administrative Law, Procedure and Administrative Activity, Dnipropetrovsk State University of Internal Affairs, Dnipro, Ukraine

Tetiana Pakulova, Dnipropetrovsk State University of Internal Affairs, Ukraine

Associate Professor of Ukrainian Studies and Foreign Languages Department, Dnipropetrovsk State University of Internal Affairs, Ukraine

Oleh Salo, Kyiv University of Intellectual Property and Law «Odesa Law Academy». Ukraine

Phd, Associate Professor of the Department of Criminal Law, Process and Forensics, Kyiv University of Intellectual Property and Law «Odesa Law Academy». Ukraine

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Published

2022-10-24

How to Cite

Yevhen, L., Pryimachenko, D., Moroz, V., Pakulova, T., & Salo, O. (2022). Legal status of the territory of Crimea after the accession of Russia. The UNIFOR Law Course Journal, 13(2), 28–37. https://doi.org/10.24862/rcdu.v13i2.1632

Issue

Vol. 13 No. 2 (2022)

Section

Artigos

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