“Special status” of Donbass in the Constitution: “betrayal” or “victory”?

Last days public attention was attracted to the question of amendments to the Constitution of Ukraine on decentralization. Many “experts” and “couch analytics” armed with information from media and some politicians decided to conclude that respective amendments betray Ukraine, because status of terrorist republics will be now provided by the Constitution. Informator.lg.ua tried to understand if there is a “betrayal” and why?

Western pressure

Finished project of amendments to the Constitution appeared on the web site of Verhovna Rada on July 15. It turned the order of self-administration in some parts of Luhansk and Donetsk regions into transition provision of the Constitution.

Media immediately dismissed versions that these amendments were made because of agreements of Russian side with western politicians, who surrendered Ukraine to Kremlin.

Vice-speaker of the Parliament Oksana Syroid wrote on her Facebook page that the West demands to change the status of Donbass in the Constitution of Ukraine.

This opinion can be confirmed by the fact, that Assistant Secretary of State for European and Eurasian Affairs at the United States Department of State Victoria Nuland and Ambassador of the United States in Ukraine Geoffrey Pyatt were present on a meeting of the VVerhovna Rada when it voted for the amendment.

Deputies voted for that bill and accusations against Ukrainian authorities became more confident and peremptory. But things are not that easy as they seem to be.

What is the essence of changes?

Coordinator of the PO “Powerful Communities of Donetchyna” Valentin Krasnoperov shared his opinion with the Informator.lg.ua:

There was an attempt to shake the situation: to convince people that the law will be written within the Constitution, but that is not true. After harmonization of voted law in the Constitutional Court 18th paragraph will include a reference to a separate law.

What is the difference? It would have been a great problem if the Law on special regime of self-administration will be written within the Constitution. It would have been a derision of Ukraine.

Today we are referring to the law on transition conditions and Ukraine can “pressure” Russian and American partners. Verhovna Rada can change it by standard procedures with 226 voices any moment”, activist tells.

The difference is that it is hard to change the Constitution, it takes at least two sessions and constitutional majority of 300 votes.

Situation around this law was unstable for two days, people supposed that Poroshenko planned to fix this special conditions within the Constitution. But it didn’t happen. Deputies voted just for amendment – a reference to the Law, which can be changed any moment”, -our interlocutor summarized.

National deputy of Ukraine from group “BPP” Aleksey Goncharenko has also expressed his opinion on this issue:

Serious public resonance around this topic was caused by a manipulation. When these changes will pass Constitutional Court, transition conditions will mention that the order of administration of some areas of Donetsk and Luhansk regions are regulated by separate law. That’s all. There is a law, it was voted in autumn, so, I don’t see a problem here”, — he stated.

Hidden rocks

Nevertheless, Valeriy Krasnoperov claims that voted changes create some danger:

The Law “On special order of self-administration in certain areas of Donetsk and Luhansk regions” corresponds with another law – which provides a list of territories and settlements, which are subjected to this regime of self-administration.

Ukrainian government has just to vote to change that list. That is why if Ukraine will decide to surrender one or another settlement it can do it easily, and activists should control this process to stay aware”.

Our expert supposes that political speculations around the “Law on special status” – are just manipulations from the side of representatives of Ukrainian political elite.

Valentin Krasnoperov also added that “this law cannot be implemented because of one small amendment, which was made this spring. Article 10 provides that implementation of all stipulations of this law is possible under next conditions: conduction of local elections without fighters, involving media and international observers. And the main condition, which is impossible to fulfill – conduction of elections by local authorities, elected in 2010. As we know, there are no such bodies on occupied territories”.

Summarizing our expert noted, that actually this change will not impact anything.

Aleksey Goncharenko supposes that aggravation of this situation can be favorable for Russia. He also admitted that many patriots participated in that havoc, and underlined that lately their actions only harm Ukraine.

Aggressor’s opinion

During the war in Ukraine we got used to hear from fighters retranslated opinion of their Kremlin masters. Igor Plotnitskiy – the “Head of the LPR” announced on July 16 that amendments to the Constitution have nothing to do with realization of “Minsk agreements”. He added that they will seek inclusion of special status to the Constitution.

The same day we got reaction of Russian MFA, which also was dissatisfied with adopted changes:

Minsk agreements signed on February 12, 2015, provided for another amendments. They stipulated for “accounting of features of certain areas of Donetsk and Luhansk regions, coordinated with representatives of these regions”.

Dissatisfaction of terrorists and Russia proves that amendments to the Constitution don’t betray Ukrainian interests and havoc was artificial.

Aleksey Chernov for the Informator.lg.ua

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