Topolnytska M. Change of legal systems in the conditions of armed conflict: experience of the countries of the former Yugoslavia and Ukraine (2014-first half of 2021)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100126

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

29-06-2023

Specialized Academic Board

Д 61.051.07

Uzhhorod National University State Higher Educational Institution

Essay

The author defined armed conflict as a state of intense confrontation between opposing parties (such as organized non-state armed groups, states, or their armed coalitions) involving the use of armed resources. The conflict is based on the political, economic, and cultural capabilities of the parties involved, with the goal of achieving specific political objectives. These objectives may include imposing one's own interests on the enemy, gaining control over enemy territory, conquering a sovereign state, as well as causing human casualties and damage to critical infrastructure. Furthermore, the author expanded the list of causes of armed conflicts in modern times. In addition to social, political, economic, and religious factors, the author included national-identical causes, which arise from discrepancies between national borders and territorial borders of states. The author also emphasized the study of conflicts with an ethnic nature. Differences between armed conflicts of an internal and international nature depending on the impact on the legal system were also determined. The author then investigated the concept of unconventional warfare, which encompasses military, cyber, economic, and information warfare, as well as subversive activities conducted through networks of far-right and left-wing political, public, and religious organizations. The concept of hybrid war was also explored. To analyze the impact of armed conflict on the legal system, the author proposed a system analysis algorithm and argued for its usefulness. This algorithm enables the identification of the influence of armed conflict on the legal systems of Yugoslavia and Ukraine. The legal characterization of Yugoslav federalism before the armed conflict was based on a developed algorithm. The violation of ideological and institutional balance led to a transition from a federation to a confederal union of states. The source of law in the SFRY was considered the working class and formal management institutions. The disintegration of Yugoslavia was a natural process due to the transformation of its political and legal system towards democratization and liberal concepts. The formation of new subjects during the armed conflict in Yugoslavia and the Russian-Ukrainian war had significant differences. In Yugoslavia, amendments to the constitutions allowed republics to leave, while in Ukraine, direct aggression by Russia occurred amidst Putin's rhetoric about the collapse of the USSR. The legal regulation in Ukraine during the Russian-Ukrainian war was insufficient, lacking appropriate legal means and cooperation with international organizations. The world security system proved ineffective in the face of new challenges and the occupation of Crimea and certain areas of Donetsk and Luhansk regions. The analysis focused on legal acts determining the status of occupied territories, participants in the armed conflict, and establishing a special legal regime. The impact of an armed conflict depends on the chosen methods of confrontation, termination, and the involvement of the international community in resolving the conflict. To improve domestic legislation during the Russian-Ukrainian war, it is important to monitor compliance, enhance international cooperation, provide compensation for damages, legal assistance to affected citizens, and support military personnel through compensation and rehabilitation mechanisms. The legal consequences of armed conflicts on the territory of the former Yugoslavia and the Russian-Ukrainian war are determined. It was found that the issue of choosing and changing the legal system, especially during armed conflicts, has an obvious internal political nature and is connected with the fundamental conditions of existence of society and the state. Similarities with Yugoslavia are observed, the creation of quasi-state entities, in which Serbs were settled and appeals to Greater Serbia for military assistance, Serbs arrive in dozens for protection. The author found out that one of the forced methods of ending the Yugoslav conflict was coercion, the peacekeeping forces literally forced the conflicting parties to sit down at the negotiating table. The conflict in the East of Ukraine was characterized by the presence of formal contact between the parties in the "Minsk" format. It was established that during the military conflict, the transformation of the national legal system takes place. In addition, as a result of the illegal annexation of Crimea, support for separatists in some areas of Donetsk and Luhansk regions, which turned into a full-scale invasion of the Russian Federation into Ukraine, the mechanisms for resolving military conflicts are being transformed. Key words: legal system, transformation, armed conflict, types of armed conflicts, unconventional war, Yugoslav federalism, military-civilian administrations.

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