Comments by "Vladimir Bogorad" (@vlbogorad) on "CNN"
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Vladimir Bogorad, California attorney; Ph.D. in Law, Russia
Today, a special session of the UN General Assembly on the situation in Ukraine resumed its work at the headquarters in New York.
It is noted that the main purpose of the special session is to consider a resolution condemning the referendums held in the Donetsk and Lugansk people's republics, as well as in the Zaporozhye and Kherson regions on the issue of joining Russia. Before the vote on the document, which is scheduled to be held before the end of this week, a debate will have to take place for several days.
Please take my opinion into account.
The treaties on the covered territories with Russia cannot be legal, because one of the parties is completely deprived of legal personality:
1. Article 73 of the Constitution of Ukraine states that the issues of changing the territory of the country shall be decided exclusively by an all-Ukrainian referendum. In the Constitution of any country, not only Ukraine and Russia, it is a hornbook provision that only the people of the whole country should decide whether to tear off part of the land. Without such a rule, no state could resist.
2. The reference to the right of nations to self-determination is ridiculous. There is no "Zaporozhye" nation, no "Kherson" nation, no "Donetsk" nation. If this is accepted, tomorrow every village, every alley around the corner would declare the right to self-determination. States would crumble like a house of cards. Russia would be the first victim.
3. Russia signed these treaties in flagrant violation of its international obligation. Under the Budapest Memorandum of 1994, Russia pledged to respect the territorial integrity of Ukraine in exchange for the renunciation of nuclear weapons. Contrary to a Russian excuse, this instrument is valid without ratification. Article 15 of the Federal Statute of the Russian Federation "On International Treaties" of July 15, 1995 states that ratification is required if it is provided for in the treaty itself. However, the Budapest Memorandum, according to its text, does not require ratification. On the contrary, it is clearly stated at the end of the document that it enters into force immediately upon signing the document.
4. Decisions in these referenda shall are taken in the absence of free expression of will. A war is raging in Ukraine. Referendums were held under the auspices of the invader - the one who was going to annex the "liberated" lands. Thousands, tens of thousands, hundreds of thousands of voters have fled their homes. For whatever reason, they did not vote. Bullets whistled over the heads of those who remained, shells exploded, they buried the dead, death threats were heard from both sides, fear hung over people everywhere, they were afraid to open their mouths. A man with a machine gun came for the voice. Is it a free vote?
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Four reasons ас то why these Russian referendums in Ukraine are a fascist mockery of the laws of Ukraine and Russia, the traditions of civilized humanity. Read it:
1. Article 73 of the Constitution of Ukraine states that the issues of changing the territory of the country shall be decided exclusively by an all-Ukrainian referendum. In the Constitution of any country in the world, not only Ukraine and Russia, it is written that only the people of the whole country should decide whether to dig up a piece of land from themselves. Without such a rule, no state could resist. Ask Putin, if tomorrow people on Sakhalin island vote to surrender to Japan, will he let them go? Like he "let go" Chechnya.
2. They say that the UN documents record the right of nations to self-determination. Yes, NATIONS. But no one has ever heard of the "Zaporozhye" nation. About the "Kherson" nation. About the "Donetsk" nation. If this is accepted, tomorrow every village, every alley around the corner would declare the right to self-determination. All states would crumble like a house of cards. Russia would be the first victim.
3. A war is raging in Ukraine. Referendums are held under the auspices of the invader - the one who is going to annex the "liberated" lands. Thousands, tens of thousands, hundreds of thousands of voters have fled their homes. For whatever reason, they do not vote. Bullets whistle over the heads of those who remain, shells explode, the dead are buried, death threats are heard on both sides, widespread fear, people are afraid to open their mouths. A man with a gun comes for your voice. What kind of free voting is Putin talking about?
4. Finally, there is the Budapest Memorandum of 1994, which Russia signed and under which it pledged to respect the territorial integrity of Ukraine in exchange for abandoning nuclear weapons. In Russia, the idlers on all channels repeat that Russia should not comply with this document, because it has not been ratified by Russia. Lies. The lack of ratification does not absolve Russia from fulfilling its obligation. Article 15 of the Federal Law of the Russian Federation "On International Treaties" of 15 July 1995 states that ratification is required if it is provided for in the international treaty itself. However, the Budapest Memorandum, according to its text, does not require ratification. On the contrary, it is clearly stated at the end of the document that it enters into force immediately upon signature. So Russia brazenly refuses to do what it has signed.
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There were the referendums one year ago on the Ukranian lands captured by Russia. It was a fascist mockery of the laws of Ukraine and Russia, the traditions of civilized humanity. Read it:
1. Article 73 of the Constitution of Ukraine states that the issues of changing the territory of the country shall be decided exclusively by an all-Ukrainian referendum. In the Constitution of any country in the world, not only Ukraine and Russia, it is written that only the people of the whole country should decide whether to dig up a piece of land from themselves. Without such a rule, no state could resist. Ask Putin, if tomorrow people on Sakhalin island vote to surrender to Japan, will he let them go? Like he "let go" Chechnya.
2. They say that the UN documents record the right of nations to self-determination. Yes, NATIONS. But no one has ever heard of the "Zaporozhye" nation. About the "Kherson" nation. About the "Donetsk" nation. If this is accepted, tomorrow every village, every alley around the corner would declare the right to self-determination. All states would crumble like a house of cards. Russia would be the first victim.
3. A war is raging in Ukraine. Referendums are held under the auspices of the invader - the one who is going to annex the "liberated" lands. Thousands, tens of thousands, hundreds of thousands of voters have fled their homes. For whatever reason, they do not vote. Bullets whistle over the heads of those who remain, shells explode, the dead are buried, death threats are heard on both sides, widespread fear, people are afraid to open their mouths. A man with a gun comes for your voice. What kind of free voting is Putin talking about?
4. Finally, there is the Budapest Memorandum of 1994, which Russia signed and under which it pledged to respect the territorial integrity of Ukraine in exchange for abandoning nuclear weapons. In Russia, the idlers on all channels repeat that Russia should not comply with this document, because it has not been ratified by Russia. Lies. The lack of ratification does not absolve Russia from fulfilling its obligation. Article 15 of the Federal Law of the Russian Federation "On International Treaties" of 15 July 1995 states that ratification is required if it is provided for in the international treaty itself. However, the Budapest Memorandum, according to its text, does not require ratification. On the contrary, it is clearly stated at the end of the document that it enters into force immediately upon signature. So Russia brazenly refuses to do what it has signed.
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Four reasons аs то why these Russian referendums in Ukraine are a fascist mockery of the laws of Ukraine and Russia, the traditions of civilized humanity. Read it:
1. Article 73 of the Constitution of Ukraine states that the issues of changing the territory of the country shall be decided exclusively by an all-Ukrainian referendum. In the Constitution of any country in the world, not only Ukraine and Russia, it is written that only the people of the whole country should decide whether to dig up a piece of land from themselves. Without such a rule, no state could resist. Ask Putin, if tomorrow people on Sakhalin island vote to surrender to Japan, will he let them go? Like he "let go" Chechnya.
2. They say that the UN documents record the right of nations to self-determination. Yes, NATIONS. But no one has ever heard of the "Zaporozhye" nation. About the "Kherson" nation. About the "Donetsk" nation. If this is accepted, tomorrow every village, every alley around the corner would declare the right to self-determination. All states would crumble like a house of cards. Russia would be the first victim.
3. A war is raging in Ukraine. Referendums are held under the auspices of the invader - the one who is going to annex the "liberated" lands. Thousands, tens of thousands, hundreds of thousands of voters have fled their homes. For whatever reason, they do not vote. Bullets whistle over the heads of those who remain, shells explode, the dead are buried, death threats are heard on both sides, widespread fear, people are afraid to open their mouths. A man with a gun comes for your voice. What kind of free voting is Putin talking about?
4. Finally, there is the Budapest Memorandum of 1994, which Russia signed and under which it pledged to respect the territorial integrity of Ukraine in exchange for abandoning nuclear weapons. In Russia, the idlers on all channels repeat that Russia should not comply with this document, because it has not been ratified by Russia. Lies. The lack of ratification does not absolve Russia from fulfilling its obligation. Article 15 of the Federal Law of the Russian Federation "On International Treaties" of 15 July 1995 states that ratification is required if it is provided for in the international treaty itself. However, the Budapest Memorandum, according to its text, does not require ratification. On the contrary, it is clearly stated at the end of the document that it enters into force immediately upon signature. So Russia brazenly refuses to do what it has signed.
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