Ukrainian Law Blog
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Friday, April 27, 2018
Occupation of Donbas: What has PACE actually recognized
After the adoption by the Parliamentary Assembly of the Council of Europe of a resolution of April 24, there was some confusion with terms. In Ukraine, for the most part, the media claimed that the PACE had officially recognized the occupation of Donbas by Russia. However, in the document, certain areas of Donetsk and Luhansk regions are referred to as "territories under effective control of the Russian authorities." However, this is not the same concept. The notion of "territories under effective control" implies that these particular territories are under the protection of or under control of another state or organization. Occupation is a quite different term. "Under control" means that a certain agreement between the parties can be reached or that a voluntary transfer of the territory under the control of a third State or the United Nations may occur, and that the management over the territory in question will not be carried out by the State to which the territory belongs. For example, at one time this was the case with Kosovo.
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