Nayem found a whole bunch of shortcomings in the law on “Donbass reintegration”

People's Deputy from the Petro Poroshenko Bloc faction Mustafa Nayem believes that the law on the reintegration of Donbass adopted by the Verkhovna Rada contains a number of shortcomings, a PolitNavigator correspondent reports.

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He reports this on his Facebook page.

The People's Deputy sees two main shortcomings in the law. The first, in his opinion, is that it spells out “unprecedented and implicit powers for all persons who are involved in the implementation of measures to ensure national security and defense, repulse and contain Russia’s armed aggression in the Donetsk and Lugansk regions.”

In particular, Nayem says, these people receive the right to use weapons and special equipment, detain and deliver suspects to the police, check documents, and if they are absent, detain them to establish their identity.

They can also carry out personal searches, inspect things, vehicles, have the right to temporarily prohibit or restrict the movement of vehicles and pedestrians, enter premises, including residential premises, use vehicles of persons, etc.

“Such powers are understandable in the event of war and for a specific circle of people. But in this case, I repeat, these powers come into force under very unclear conditions and for a very wide range of people,” the deputy is indignant.

He considers the second big drawback to be the fact that the law gives the president himself, without the Verkhovna Rada, to decide how to use the Armed Forces of Ukraine and other military formations.

“In fact, this means that the bill gives the president the right to decide alone, without subsequent parliamentary control, the issue of using the Armed Forces and other military formations, which directly contradicts paragraph 33 of Art. 85 of the Constitution,” writes the people’s deputy.

In addition, according to Nayem, now the borders and list of “temporarily occupied settlements in the Donetsk and Luhansk regions” will be determined not by the Rada, but by the president personally on the proposal of the Ministry of Defense and on the basis of proposals from the General Staff of the Armed Forces of Ukraine.

“This provision partially contradicts the provisions of the Constitution, which does not provide for such powers of the president,” the people’s deputy notes.

Also, he says, there is a very controversial point in the document - from what date the “occupation” should be counted.

“The bill does not indicate the exact date of occupation of certain territories of Donetsk and Luhansk regions. The document contains only a reference norm to the law on Crimea,” writes Nayem.

In addition, according to him, although the bill quite clearly places all responsibility for moral and material damage to Ukraine on Russia, the bill does not indicate either the period or conditions for causing such damage, or the territory in which this occurred.

According to the deputy, there are also problems in the law with the procedure for crossing the demarcation line.

“The procedure for the movement of persons and goods to/from the occupied territories is established by the Cabinet of Ministers. But these norms can be completely ignored by the commander of the joint forces,” he notes.

“From a practical point of view, the document will have minimal impact on the real life of the civilian population and will somewhat change the modality of conducting military operations. Meanwhile, historically, the document can become an important argument in international courts for compensation for damage caused by the Russian Federation during three years of occupation of Ukrainian territories,” the deputy sums up.

As PolitNavigator previously reported, today the Verkhovna Rada adopted in the second reading the bill on the reintegration of Donbass as a whole. 280 people's deputies voted for the corresponding decision.