According to international law rules and principles as exposed, in particular, by the UN Charter, the UN Convention relative to the Protection of civilian persons in time of war, the UN Convention for the Amelioration of the condition of the wounded, sick and shipwrecked members of Armed Forces at sea, the Geneva Convention relative to the Treatment of prisoners of war; considering the aggression definition contained at the UN General Assembly Resolution 3314 (XXIX) of 14 December 1974, the militarily engaged actions of Russia in respect of Ukraine are clearly identified as an armed aggression. This conclusion laid down the basis to the resolutions taken by the UN General Assembly, OSCE, Council of Europe, NATO, as well as to statements and resolutions adopted by numerous national administrations, including the US, Canada, Australia and the EU countries’ governments in connection with the Crimea annexation by Russia and the Russia’s military aggression in Donetsk and Lugansk regions.
The Russia’s armed aggression fact being recognized as international law fundamental principles violation in terms of commitments to ensure the stable peace in the world, thus justified and entrained the legality of sanctions imposed against Russia.
Pursuant to the Law of Ukraine "On national defense", both Russia's annexation of Crimea and partial occupation of the Donetsk and Lugansk regions do unambiguously embody the acts of war, confirming the hostilities state as existing objectively, the said martial law never being instituted through the legal framework appropriate procedures as circumstanced with the military emergency situation.
The defense situation starts with the first shot of the aggressor and lasts until the conclusion of peace agreement acquiring the international treaty status.
The Constitution of Ukraine prohibits any changes and modifications to the constitutional text, when martial law in force, despite such corrections’ appropriateness or relevance.
Whichever amendments to the Constitution under martial law introduced, such a deed will embody an act of traitorous collaboration with the enemy, thus witnessing the actual surrender of Ukraine as a sovereign state governed by its sovereign Ukrainian nation.
National Movement of Ukraine for peace and harmony
June 2, 2016. (C) Victor Shyshkin
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