State Policy of Ukraine on Temporarily Occupied Territories: Problems of Conceptualization In Modern Scientific Discourse

Abstract

Topicality. The realities of Ukrainian reality are connected with the fact that aggression in the form of a hybrid war of Russia against Ukraine, illegal occupation of part of our state, violation of human and civil rights and freedoms, seizure of state property of Ukraine have been going on for more than eight years. Since 2014, we have been experiencing destabilization of the political and socio-economic situation, and on February 24, 2022, the neighboring state invaded, which led to the introduction of martial law in Ukraine. This raises the question: what is the relevant state policy of Ukraine in these conditions? The purpose of this article is to analyze the conceptual approaches to defining and understanding the state policy of Ukraine on the issues of temporarily occupied territories, to clarify its features and prospects for legislative support. Methodological tools of this study are based on general and special legal methods, various approaches and principles. In particular, the basic ones are complex and systemic approaches, activity and comparative law, history and so on. With the help of dialectical, epistemological, axiological, legal semiotics, structural-functional, formal-logical, prognostic and other methods it seems possible to reveal the political and legal nature of state policy of Ukraine on temporarily occupied territories, key areas of its study, regulation and implementation. The scientific novelty is that the conceptualization of Ukraine’s state policy on the temporarily occupied territories requires a multilateral analysis, first of all, of its legal framework, institutional support mechanism, identifying problems and identifying ways to solve them. This requires scientifically balanced and sound approaches, timely, coordinated and predictive actions of public authorities of Ukraine, taking into account the positive international and domestic experience. As the state policy of Ukraine on the temporarily occupied territories is a multifaceted phenomenon of interdisciplinary and intersectoral nature, it needs a comprehensive study, given the urgent need for modern theory and practice of state formation, restoration, preservation and strengthening of peace and territorial integrity of Ukraine. recognized as a constitutional value at the present stage. Research results. The obvious impact of the legal regime of martial law on virtually all spheres of public life, all areas of public policy, legal framework and institutional structures for implementing public policy, forms and methods of work of state bodies and local governments. There is a natural need to improve a significant number of current regulations of Ukraine and adopt new ones in this area. It is important to expand the range of subjects of deoccupation of the temporarily occupied territory of Ukraine, as well as to emphasize the responsibility of public authorities to comply with restrictions on human rights and freedoms in the interests of security and legality in the state. Practical significance. Defending its national interests in the integrity of its own territory, Ukraine actually ensures the implementation of the constitutional principle of territorial integrity of the state and the basic principles of international law aimed at protecting peace and security throughout the European continent and the world. Therefore, it is necessary to intensify legislative activities in the direction of modernization of the regulatory framework of the studied state policy, as well as the implementation of relevant functions by other public authorities. Of course, further study of this issue is urgently needed to conceptualize the model and strategy of Ukraine’s state policy on temporarily occupied territories and protection of the rights of the population living in them, along with state policy of restoring territorial integrity, restoring and building peace, information sovereignty of Ukraine, military state policy, etc.

Keywords: state policy; temporarily occupied territories; martial law; aggression; deoccupation; territorial integrity; institutional mechanism; legislation.