Monitoring of Migration Situation and Developments in Migration and Border Management
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Combating Russian Disinformation in Ukraine: Case Studies in a Market for Loyalties
COMBATING RUSSIAN DISINFORMATION IN UKRAINE: CASE STUDIES IN A MARKET FOR LOYALTIES Monroe E. Price* & Adam P. Barry** I. INTRODUCTION This essay takes an oblique approach to the discussion of “fake news.” The approach is oblique geographically because it is not a discourse about fake news that emerges from the more frequently invoked cases centered on the United States and Western Europe, but instead relates primarily to Ukraine. It concerns the geopolitics of propaganda and associated practices of manipulation, heightened persuasion, deception, and the use of available techniques. This essay is also oblique in its approach because it deviates from the largely definitional approach – what is and what is not fake news – to the structural approach. Here, we take a leaf from the work of the (not-so) “new institutionalists,” particularly those who have studied what might be called the sociology of decision-making concerning regulations.1 This essay hypothesizes that studying modes of organizing social policy discourse ultimately can reveal or predict a great deal about the resulting policy outcomes, certainly supplementing a legal or similar analysis. Developing this form of analysis may be particularly important as societies seek to come to grips with the phenomena lumped together under the broad rubric of fake news. The process by which stakeholders assemble to determine a collective position will likely have major consequences for the * Monroe E. Price is an Adjunct Full Professor at the Annenberg School for Communication and the Joseph and Sadie Danciger Professor of Law at Cardozo School of Law. He directs the Stanhope Centre for Communications Policy Research in London, and is the Chair of the Center for Media and Communication Studies of the Central European University in Budapest.” ** Adam P. -
Freedom on the Net, Ukraine
Ukraine https://freedomhouse.org/country/ukraine/freedom-net/2020 The COVID-19 pandemic saw the authorities prosecute users for spreading rumors online and launch several initiatives aimed at stopping the spread of the disease, including an app that monitors individuals in mandatory isolation, that infringe upon users’ privacy rights. Online journalists continued to face extralegal retaliation for their work. Cyberattacks remain a regular occurrence, affecting government and nongovernment targets alike. C1 1.00-6.00 pts0-6 pts Do the constitution or other laws fail to protect rights such as freedom of expression, access to 3.003 information, and press freedom, including on the internet, and are they enforced by a judiciary that 6.006 lacks independence? The right to free speech is granted to all citizens of Ukraine under Article 34 of the constitution, but the state may restrict this right in the interests of national security or public order, and it is sometimes restricted in practice. Article 15 of the constitution prohibits censorship.132 Ukrainian courts are hampered by corruption and political interference, and public trust in the judiciary remains low.133 Serious crimes against journalists often remain unresolved (see C7). President Zelenskyy’s administration has at times denied reporters access to information (see B5). The IMI recorded 21 COVID-19–related restrictions on the work of journalists from mid-March 2020 until the end of April 2020, including cases in which journalists were prohibited from attending government meetings or prevented from reporting.134 C2 1.00-4.00 pts0-4 pts Are there laws that assign criminal penalties or civil liability for online activities? 2.002 4.004 No dedicated law mandates criminal penalties or civil liability specifically for online activities. -
International Crimes in Crimea
International Crimes in Crimea: An Assessment of Two and a Half Years of Russian Occupation SEPTEMBER 2016 Contents I. Introduction 6 A. Executive summary 6 B. The authors 7 C. Sources of information and methodology of documentation 7 II. Factual Background 8 A. A brief history of the Crimean Peninsula 8 B. Euromaidan 12 C. The invasion of Crimea 15 D. Two and a half years of occupation and the war in Donbas 23 III. Jurisdiction of the International Criminal Court 27 IV. Contextual elements of international crimes 28 A. War crimes 28 B. Crimes against humanity 34 V. Willful killing, murder and enforced disappearances 38 A. Overview 38 B. The law 38 C. Summary of the evidence 39 D. Documented cases 41 E. Analysis 45 F. Conclusion 45 VI. Torture and other forms of inhuman treatment 46 A. Overview 46 B. The law 46 C. Summary of the evidence 47 D. Documented cases of torture and other forms of inhuman treatment 50 E. Analysis 59 F. Conclusion 59 VII. Illegal detention 60 A. Overview 60 B. The law 60 C. Summary of the evidence 62 D. Documented cases of illegal detention 66 E. Analysis 87 F. Conclusion 87 VIII. Forced displacement 88 A. Overview 88 B. The law 88 C. Summary of evidence 90 D. Analysis 93 E. Conclusion 93 IX. Crimes against public, private and cultural property 94 A. Overview 94 B. The law 94 C. Summary of evidence 96 D. Documented cases 99 E. Analysis 110 F. Conclusion 110 X. Persecution and collective punishment 111 A. Overview 111 B. -
The Kremlin's Irregular Army: Ukrainian Separatist Order of Battle
THE KREMLIN’S IRREGULARY ARMY: UKRAINIAN SEPARATIST ORDER OF BATTLE | FRANKLIN HOLCOMB | AUGUST 2017 Franklin Holcomb September 2017 RUSSIA AND UKRAINE SECURITY REPORT 3 THE KREMLIN’S IRREGULAR ARMY: UKRAINIAN SEPARATIST ORDER OF BATTLE WWW.UNDERSTANDINGWAR.ORG 1 Cover: A Pro-Russian separatist sits at his position at Savur-Mohyla, a hill east of the city of Donetsk, August 28, 2014. REUTERS/Maxim Shemetov. Reproduced with permission. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage or retrieval system, without permission in writing or from the publisher. ©2017 by the Institute for the Study of War. Published in 2017 in the United States of America by the Instittue for the Study of War. 1400 16th Street NW, Suite 515 | Washington, DC 20036 understandingwar.org 2 Franklin Holcomb The Kremlin’s Irregular Army: Ukrainian Separatist Order of Battle ABOUT THE AUTHOR Franklin Holcomb is a Russia and Ukraine Research Analyst at the Institute for the Study of War where he focuses on the war in Ukraine, Ukrainian politics, and Russian foreign policy in Eastern Europe. His current research focuses on studying the development of the Armed Forces of Ukraine and the Russian-backed separatist formations operating in Eastern Ukraine, as well as analyzing Russian political and military activity in Moldova, the Baltic, and the Balkans. Mr. Holcomb is the author of “The Order of Battle of the Ukrainian Armed Forces: A Key Component in European Security,” “Moldova Update: Kremlin Will Likely Seek to Realign Chisinau”, “Ukraine Update: Russia’s Aggressive Subversion of Ukraine,” as well as ISW’s other monthly updates on the political and military situation in Ukraine. -
On the State Border Service of Ukraine
On the State Border Service of Ukraine (Bulletin of the Verkhovna Rada of Ukraine (VVR), 2003, N 27, st.208) (As amended in accordance with the Laws N 965-IV ( 965-15 ) Dated 19.06.2003, VVR, 2003, N 45, st.357 N 2505-IV ( 2505-15 ) On 25.03.2005, VVR, 2005, N 17, N 18-19, st.267 N 3200-IV ( 3200-15 ) On 15.12.2005, VVR, 2006, N 14, st.116 N 328-V ( 328-16 ) Dated 03.11.2006, VVR, 2006, N 51, st.519 N 489-V ( 489-16 ) Dated 19.12.2006, VVR, 2007, N 7-8, st.66 N 1014-V ( 1014-16 ) Dated 11.05.2007, VVR, 2007, N 33, st.442 N 107-VI ( 107-17 ) Dated 28.12.2007, VVR, 2008, N 5-6, N 7-8, st.78 - Changes are on December 31, 2008 N 289-VI ( 289-17 ) Dated 20.05.2008, VVR, 2008, N 26, st.243) (In addition, see. Decision of the Constitutional Court N 10-rp/2008 ( v010p710-08 ) Dated 22.05.2008) (As amended in accordance with the Laws N 586-VI ( 586-17 ) Dated 24.09.2008, VVR, 2009, N 10-11, st.137 N 884-VI ( 884-17 ) Dated 15.01.2009, VVR, 2009, N 24, st.298 N 1710-VI ( 1710-17 ) Dated 05.11.2009) (Document obtained from official sources - http://zakon.rada.gov.ua) This Law in accordance with the Constitution of Ukraine ( 254k/96-VR ) defines the legal basis and organization of the State Border Service of Ukraine and its overall structure, size, functions and powers. -
The Project "Transnistrian Problem: View from Ukraine"
Strategic and Security Studies Group TRANSNISTRIAN PROBLEM: a view from Ukraine KYIV 2009 STRATEGIC AND SECURITY STUDIES GROUP The publication contains the results of the research of interstate relations between Ukraine and Moldova through the lens of Transnistrian settlement problem. The focal points of the research are the assessment of cooperation between two states, issues of citizenship, border regime, interethnic relations, NGOs partnership etc. The publication is aimed at enhancing the dialogue of Ukrainian and Moldovan experts and politicians. It was prepared within the project “Transnistrian problem: a view from Ukraine” supported by International Renaissance Foundation (project manager – O.Basarab). Chapters 14 and 16 were prepared with the kind assistance of Open Ukraine Foundation and Victor Pinchuk Foundation. The project was implemented by “Strategic and Security Studies Group” (SSSG) - non-governmental organization, which has been working since 2003 in the field of: National security policy and sustainable development of Ukraine International relations and foreign policy of Ukraine Regional and international security European political and integration processes Euro Atlantic dialogue and integration SSSG supports transparency in decision-making process and wider discussion regarding foreign, security and defense policy policy of Ukraine and to promotes democratic changes in society. Our contacts: Info[a]gsbs.org.ua www.gsbs.org.ua + 38 (044) 491 - 3830 Publication edited by S. GERASYMCHUK Authors: N. BELITSER (Pylyp Orlyk Institute for Democracy) S. GERASYMCHUK (Strategic and Security Studies Group) O. GRYTSENKO (Strategic and Security Studies Group) Y. DOVGOPOL (Independent expert) Z. ZHMINKO (Strategic and Security Studies Group) Y. MATIYCHYK (Strategic and Security Studies Group) O. SUSHKO (Institute of Euro-atlantic Cooperation) O. -
The Customs Code of Ukraine
The Customs Code of Ukraine (SECTION 1 - SECTION IV) As amended by laws of Ukraine No.291-IV of November 28, 2002 No.348-IV of December 24, 2002 The Customs Code of Ukraine defines the foundation and implementation principles of customs practice in Ukraine, and regulates economic, organizational, legal, personnel and social aspects of the activities of the customs service of Ukraine. The Code aims to secure the protection of Ukraine's economic interests, to create favorable conditions for the development of its economy, to protect the rights and interests of subjects of entrepreneurial activity and citizens, as well as to ensure adherence to Ukrainian customs- related legislation. SECTION 1 GENERAL PROVISIONS Chapter 1. THE FOUNDATIONS OF CUSTOMS PRACTICE Article 1. Definition of Basic Terms and Concepts The terms and concepts listed below are used in this Code in the following meaning: 1) currency values: currency of Ukraine - token money in the form of bank notes, treasury notes, coins and other forms, which are in circulation and are legal tender on the territory of Ukraine, as well as those withdrawn or being withdrawn from circulation, but are subject to exchange for token money in circulation; foreign currency – foreign token money in the form of bank notes, treasury notes and coins, which are in circulation and are legal tender on the territory of the respective foreign state, as well as those withdrawn or being withdrawn from circulation, but are subject to exchange for token money in circulation; payment documents and other securities (shares , bonds, coupons thereto, bills of exchange (promissory notes), bills of debt, letters of credit, checks, banker’s order , certificates of deposit, other financial or bank documents), denominated in the Ukrainian currency, foreign currency or bank metals; bank metals – gold, silver, platinum, metals of the platinum group, refined (affinaged) to the highest grades in accordance with world standards, in ingots and powder, which possess certificates of quality, as well as coins, manufactured of precious metals. -
The Right to Freedom of Speech and Opinion in Ukraine: Threats and Opportunities This Report Was Prepared by the Ukrainian Human Rights Platform “Uspishna Varta”
ALL-UKRAINIAN ASSOCIATION "SUCCESSFUL GUARDS" Human Rights Platform uspishna-varta.com The right to freedom of speech and opinion in Ukraine: threats and opportunities This report was prepared by the Ukrainian human rights platform “Uspishna Varta”. This report assesses the observance of rights and freedoms on the territory controlled by the government of Ukraine. This report is based on data obtained by the human rights platform “Uspishna Varta” via conducting detailed interviews with victims and witnesses of human rights violations and infringements, experts and human rights defenders, as well as via carrying out activities to assist in the protection of human rights in documented cases. Among them - the monitoring of trials, advocacy work with the duty bearers on respecting human rights, non-governmental organizations, and the media. General recommendations on the right to freedom of speech and opinion in Ukraine In order to ensure the right to freedom of speech and opinion enshrined in Article 34 of the Constitution of Ukraine, as well as in Article 10 of the European Convention on Human Rights and Fundamental Freedoms and Article 19 of the International Covenant on Civil and Political Rights, ratified by the state of Ukraine, the following measures should be taken. The President of Ukraine: 1. To take measures to stop pressure being put on the media and provide explanations for the intervention of the head of state or his subordinates in the activities of issuing licenses and the organization of media inspections. 2. Recall the representatives of the National Council of Ukraine on Television and Radio Broadcasting, appointed by the quota of the President. -
∗2004181∗ A/Hrc/43/Crp.7
A/HRC/43/CRP.7 18 March 2020 Original: English Human Rights Council Forty-third session 24 February–20 March 2020 Agenda item 10 Technical assistance and capacity-building Report on the human rights situation in Ukraine (16 November 2019–15 February 2020)* * Reproduced as received in the language of submission only. GE.20-04181(E) ∗2004181∗ A/HRC/43/CRP.7 2 A/HRC/43/CRP.7 I. Executive summary 1. This twenty-ninth report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the human rights situation in Ukraine covers the situation from 16 November 2019 to 15 February 2020. It is based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU).1 2. During the reporting period, OHCHR recorded two civilian deaths (both men) and 17 civilian injuries (13 men, three women, and one boy), a 54.8 per cent decrease compared with the previous reporting period (six killed and 36 injured). The total civilian casualties recorded in 2019 (27 killed and 140 injured) were 40.6 per cent lower than in 2018 (55 killed and 226 injured), and were the lowest annual civilian casualty figures for the entire conflict period. 3. Parliament continued to develop draft laws on remedy and reparation for deaths and injuries of civilians, and for the loss of property, including housing, which could lead to a comprehensive state policy of remedy and reparation to civilian victims of the conflict.2 This has been lacking since 2014. 4. The armed conflict continued to negatively impact the enjoyment of economic and social rights by the civilian population, especially the more than five million residents of the conflict-affected area and internally displaced persons (IDPs).3 Children, older persons and persons in vulnerable situations are at increased risk of being left behind in achieving sustainable development because of the conflict. -
Association Agreement with Ukraine
European Parliament 2019-2024 TEXTS ADOPTED P9_TA(2021)0050 EU Association Agreement with Ukraine European Parliament resolution of 11 February 2021 on the implementation of the EU Association Agreement with Ukraine (2019/2202(INI)) The European Parliament, – having regard to Article 8 and Title V, notably Articles 21, 22, 36, 37 and 49, of the Treaty on European Union (TEU), as well as Part Five of the Treaty on the Functioning of the European Union (TFEU), – having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, including a Deep and Comprehensive Free Trade Agreement (AA/DCFTA), which entered into force on 1 September 2017, and to the related Association Agenda, – having regard to the entry into force on 11 June 2017 of a visa-free regime for citizens of Ukraine, as a result of the amendments to Council Regulation (EC) No 539/2001 made by the European Parliament and the Council, – having regard to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from their requirement1, – having regard to its previous resolutions relating to Ukraine, in particular those of 12 December 2018 on the implementation of the EU Association Agreement with Ukraine2, and of 21 January 2016 on Association Agreements / Deep and Comprehensive Free Trade Areas with Georgia, Moldova and Ukraine3, as well as to its recommendation of 19 June 2020 to the Council, the Commission and the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Eastern Partnership, in the run-up to the June 2020 Summit4, 1 OJ L 303, 28.11.2018, p. -
Constitution of Ukraine
CONSTITUTION OF UKRAINE Adopted at the Fifth Session of the Verkhovna Rada of Ukraine on June 28, 1996 Amended by the Laws of Ukraine № 2222-IV dated December 8, 2004, № 2952-VI dated February 1, 2011, № 586-VII dated September 19, 2013, № 742-VII dated February 21, 2014, № 1401-VIII dated June 2, 2016 № 2680-VIII dated February 7, 2019 The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people - citizens of Ukraine of all nationalities, expressing the sovereign will of the people, based on the centuries-old history of Ukrainian state-building and on the right to self-determination realised by the Ukrainian nation, all the Ukrainian people, providing for the guarantee of human rights and freedoms and of the worthy conditions of human life, caring for the strengthening of civil harmony on Ukrainian soil, and confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine, striving to develop and strengthen a democratic, social, law-based state, aware of responsibility before God, our own conscience, past, present and future generations, guided by the Act of Declaration of the Independence of Ukraine of August 24, 1991, approved by the national vote on December 1, 1991, adopts this Constitution - the Fundamental Law of Ukraine. Chapter I General Principles Article 1 Ukraine is a sovereign and independent, democratic, social, law-based state. Article 2 The sovereignty of Ukraine extends throughout its entire territory. Ukraine is a unitary state. The territory of Ukraine within its present border is indivisible and inviolable. Article 3 The human being, his or her life and health, honour and dignity, inviolability and security are recognised in Ukraine as the highest social value. -
Ukraine – Russia: Relationships 2014 – Present
Ukraine – Russia: Relationships 2014 – present Simulation of Negotiations: Ukraine-Russia-European Union Relations Dr. Vitalijs Butenko Dr. Sibylle Zürcher NECOM | 07.03.2017 | 1 1. Introduction NECOM | 07.03.2017 | 2 Ukraine Situation as of 2013: - Form of government: Semi-presidential republic - Administrative units: - 24 regions (“oblast”) - 2 cities of republican subordination (Kiev and Sevastopol) - Autonomous Republic of Crimea - Population*: - 48.4 m (2001 census) - 42.5 m (2016 estimate) - GDP (current prices)*: - $179.5 b (2013) - $87.2 b (2016 estimate) - Security: - 250’000 army personnel0 - Following Budapest agreement in 1994 the nuclear arsenal is removed to Russia in exchange for assurances against threats or use of force against the territorial integrity or political independence of Ukraine and admission to Non Proliferation Treaty (NPT). NECOM | 07.03.2017 | 3 * Note from IMF: 2013 data excludes Crimea and Sevastopol for comparison purposes with 2014 data. 2. Background on the crisis in Ukraine 5. Sept. 2014: Minsk protocol, Convoy cease fire Nov 2013 – Sept 2014 Odessa Dec 2014-Feb Conflict intensity 2015: Debaltseve “Pocket” War Mar. 2014: MH17 Civil war erupts in Luhansk and Donetsk regions 12. Sept. 2014: Ratification of the Mar. 2014: UKR-EU association US and EU agreement Crisis sanctions 21 Feb. 2014: Mar. 2014: Crisis settlement deal Incorporation of Crimea by Russia 22-23 Feb. 2014: Yanukovitch leaves Ukraine; Maidan leaders take over Open the government conflict 26. Sept. 2014 Another gas- Nov. 2013: UKR: repays $3.1 bn price crisis Euromaidan debt in steps UKR-RUS, EU begins RUS: Resumes as mediator supply at price $385 per 1,000 m2 Unstable peace StableNov.