Ukraine parliament approves key legislation on handling war in Donbas

Ukraine’s parliament approved this morning two key
legislative items that enhances the authority of both Western and Ukrainian politicians
to handle the warfare in Donbas and try to resolve it. Approved in the first
reading, the law on reintegrating Donbas has a wide scope that includes
establishing the legal terminology for the war in Donbas, creating the legal
framework for a new means of warfare and setting new conditions for the special
status of the occupied territories of the Donetsk and Luhansk regions. As a
compromise, the legislation excluded wording that would have created legal
preconditions for the Minsk Accords on a legal basis and required its
fulfillment. It was supported by 233 MPs (out of 226 needed) belonging to
parliamentary factions and groups who have been loyal to the president,
including MPs of the Russian-oriented Opposition Bloc.

The second legislation, ”On creating the necessary
conditions for a peaceful resolution to the situation in certain district of
the Donetsk and Luhansk regions,” extends the conditions of the current
“special order” law for another year after it expires on Oct. 18. It was
supported by 229 MPs and doesn’t require a second approval. While not using the
Minsk Accords as a legal basis, it creates norms based on the Minsk Accords
that must be upheld, among the most controversial are amnesty for those
Ukrainian citizens who participated in the warfare in Donbas.

Both items of legislation were fiercely opposed by
some opposition MPs, nationalists and paramilitaries, who initiated several
brawls in parliament both yesterday and today, including a smoke bomb thrown at
the tribune this morning. Numerous protestors also brawled with police outside
and were arrested. Critics argue the legislation gives the president
unconstitutional authority, as well as capitulating to demands made by the
Russian-backed fighters.

Zenon Zawada: Among the
goals this legislation most accomplishes is giving Western authorities the
legal basis to continue to call for fulfilling the Minsk accords, as well as
applying sanctions against the Russian government for its occupation of
Ukraine. It also gives them more arguments to demonstrate that the Ukrainian
government is making efforts to resolve the conflict, while Russia is stalling.

Meanwhile, the president gains wider authority to
conduct the defense in Russia’s hybrid war against Ukraine, to the great
satisfaction of National Security and Defense Council Secretary Oleksandr
Turchynov, who played a key role in drafting the legislation and leading the
effort for its approval. The military leadership argued it was restricted in
waging the war under the legal conditions of the Anti-Terrorist Operation,
while declaring martial law doesn’t remain an option.

We believe little will change with the approval of
this legislation on a diplomatic level, which will maintain the status quo.
While it will help the nation’s military leadership, there are dangers the
president could abuse his newly expanded authority, which he’s already being
accused of doing by his political opponents. While there will be more divisions
politically as a result, the Ukrainian public doesn’t demonstrate much support
for the opposition. That was evident by fewer protesters this time around, as
compared to when similar laws were considered in earlier years.