Publication date: 30.05.2024
Lawyer
The issue of recognizing the state border of Ukraine after the end of the armed conflict
The armed conflict in eastern Ukraine, unleashed by the Russian Federation in 2014, called into question the territorial integrity of our state and the inviolability of its borders. After the end of this confrontation, the question of international legal recognition of the state border of Ukraine will arise, taking into account all the changes and events that took place during the military operations. Legal advice is necessary to understand the legal aspects of this process.
The analysis of documents, in particular the Constitution of Ukraine, international treaties, UN resolutions and other legal acts, is extremely important for determining the legal grounds and mechanisms for establishing the final recognition of the state's borders after the end of the conflict.
According to the articles of the Constitution of Ukraine, the territory of Ukraine within the existing border is integral and inviolable. The principles of domestic and foreign policy, including the issue of the state border, are determined exclusively by the laws of Ukraine.
At the international level, according to the principles of territorial integrity and inviolability of borders, enshrined in the Helsinki Final Act of 1975 and other international documents, no territorial acquisitions obtained by force can be recognized.
The legal conclusion is that after the end of the armed conflict, Ukraine must take all necessary legal and diplomatic measures for the international recognition of its borders in full, without any territorial losses or changes caused by Russian aggression.
A lawyer's legal opinion / legal opinion of a lawyer / legal analysis of the situation / written consultation on this matter may include the following recommendations:
1. Initiate the adoption of a new law on the state border of Ukraine, which would clearly define its line of passage in accordance with the internationally recognized borders as at the time of the declaration of independence in 1991.
2. To intensify diplomatic efforts to obtain the support of leading international organizations (UN, OSCE, EU) in the issue of territorial integrity of Ukraine within its internationally recognized borders.
3. To initiate the adoption of relevant resolutions of the UN General Assembly and other international institutions, which would confirm the inviolability of Ukraine's borders and condemn attempts to violate them by force.
4. To ensure Ukraine's participation in relevant international legal proceedings (UN International Court of Justice, European Court of Human Rights) to legally confirm the territorial integrity of the state.
5. To carry out demarcation and delimitation of the state border of Ukraine using modern geodetic and cartographic methods to clearly fix its line of passage.
6. To carry out the codification of all international treaties and agreements related to the determination of the state border of Ukraine, in order to ensure a unified approach and the integrity of the legal regulation of this issue.
The final international legal recognition of the state border of Ukraine is critically important for ensuring its territorial integrity, sovereignty and national security after the end of the armed conflict. Achieving this goal will require coordinated legal, diplomatic and political efforts at the national and international levels.
