Russia in Ukraine: A Reader Responds

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Via Lawfare Blog:

Ascertaining the legitimacy of the interim government in Kiev is quite tricky. According to Article 111 of the Ukrainian constitution, the President can only be impeached from office by parliament through “no less than three-quarters of its constitutional composition.” On February 22, 2014 the Ukrainian parliament voted 328-0 to impeach President Yanukovych who fled to Russia the night prior. However for an effective impeachment under constitutional rules the 449-seated parliament would have needed 337 votes to remove Yanukovych from office. Thus under the current constitution, Yanukovych is still the incumbent and legitimate President of the Ukraine.

This constitutional oversight puts the interim government in legal limbo as the bills that are currently being signed into law by acting President Turchynov are not carrying any constitutional authorization. This problem of legitimacy also undermines Kiev’s dealings with foreign governments, as the government appointed by Turchynov does not represent the de jure official government of the Ukraine. As such, foreign governments who are willfully recognizing and thereby trying to confer international legitimacy upon the interim government in Kiev, are indeed breaking international law by violating (1) the sovereignty of the Ukraine and the law of the land (constitution), (2) the principle of non-interference, (3) and the practice of non-government recognition.

Whether the interim government in Kiev has effective administrative control over state territory also remains highly speculative, given the unfolding situation in Crimea, civil unrest in the eastern part of the country, and the persisting confusion in the chain of command within the Ukrainian military and police force.

Accordingly, the interim government in Kiev does not fulfill any of the three factors set out under international law that would render it legitimate.

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@Wordsmith, #1:

I’m in agreement with Stephen Cohen. If the Cold War is being resurrected, it’s largely because some people wouldn’t stop fighting it. We should have been encouraging neutral buffer states between Russia and the West rather than steadily ratcheting up the pressure. Had we done that, we might have had more cooperation from Russia in connection with Iran and Syria.

so, we better get the message, which is to stay strong,
because a small shot will think of taking advantage of us here,
PUTIN WON A CONTRACT WITH VENEZUALA JUST LAST WEEK,
I GUESS WE WILL SEE HIS DESTROYER RIDE THE BORDERS,
AND WE CAN COUNT CUBA NEXT CONTRACT,
VLADIMIR PUTIN, DON’T FORGET THAT CRIMEA BELONG TO UKRAINE,
GET YOUR RUSSIANS OUT OF THERE, THEY USE THE UKRAINIANS GOODS AND LAND ,
NOW THEY MUST LEAVE THE LAND, BECAUSE THEY ARE TRAITORS OF UKRAINE,
theySHOULD BE PROCECUTE AS TRAITORS OF UKRAINE,