Reader’s Opinion | Any plans for peace in Ukraine must respect the country’s laws

Discourse About ending the war in Ukraine, the focus is on a possible land trade for peace. However, in the debate, both opponents and supporters of the agreement largely ignore Ukraine’s legal demands. This is wrong, because this is where diplomacy can come to a complete impasse.

Article 73 of the Constitution of Ukraine stipulates that all issues related to changing the territory of the country can be decided exclusively by a referendum of the whole of Ukraine. At the same time, Article 19.1 of the Law of Ukraine “On the Legal System of Martial Law” prohibits all local and all-Ukraine referendums during martial law – the same as all elections during this period. So the circle closes.

A hypothetical agreement on a ceasefire does not automatically mean the repeal of martial law. Ukraine’s bitter experience from 2014 to 2022 shows that such an agreement is unlikely to be followed, and Kiev is in no hurry to move in this direction.

But even if the cease-fire is observed for a longer period of time and as a result at some point martial law will be lifted in most of the country, holding a referendum on the whole of Ukraine will be a very difficult task. If people who are now in the occupied territories or have fled Ukraine are not given the opportunity to vote, the result of the referendum will not look legitimate. And in that case, regardless of whether the people accept the deal, the risk of internal instability in Ukraine is imminent to the Kremlin’s delight.

To avoid this, any political leader who intends to propose a peace plan for Ukraine or considers taking on the role of mediator should clearly state how he intends to deal with the legal side of the problem. Drafting an agreement that cannot be ratified by the people is both illegal and extremely dangerous.

Arkady Moshes

program director

Foreign Policy Institute

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