At present the legal regime of the anti-terrorist operation is the main legal instrument for ensuring the repulse of Russia's aggression and puppet entities controlled by it in the Donetsk and Luhansk regions. The anti-terrorist operation launched in April 2014 allowed Russia to stop the expansion of Russian aggression and localize it. This legal regime also made it possible to hold presidential, parliamentary and local elections, whose results ensured the internal and external legitimacy of the Ukrainian authorities.
At the same time, the scale, nature and duration of the anti-terrorist operation does not correspond to the tasks of liberating the occupied territories of individual districts of Donetsk and Luhansk regions. Due to massive clashes, use of heavy weapons and military equipment by the enemy, the Armed Forces of Ukraine play the key role in the operations in the area of the anti-terrorist operation. The operation is carried out by the representative of the Security Service of Ukraine as the main body in the system of combating terrorist activities.
The legal status of individual districts of Donetsk and Luhansk regions, which are currently under the occupation, remains unregulated. The anti-terrorist regime does not provide the authorities with proper instruments for addressing economic and social issues in the area of operation.
The Draft Law of Ukraine “On the peculiarities of State policy on ensuring Ukraine’s State sovereignty over temporarily occupied territories in Donetsk and Luhansk regions” shall create a new legal basis for solving the task on repulsing hostile aggression in Donbas, and in the long term – for restoring the territorial integrity of Ukraine within the internationally recognized border.
The Draft Law defines the legal regime of certain districts of Donetsk and Luhansk regions as temporarily occupied territory of Ukraine. The Draft Law defines the purpose and means of state policy on ensuring the state sovereignty of Ukraine over temporarily occupied territories in the Donetsk and Luhansk regions, especially the realization and protection of the rights of Ukrainian citizens residing in these territories.
The Draft Law also defines the management procedure for the provision of national security and defense in the territories of Donetsk and Luhansk regions.
The provisions of the Draft Law will enable the effectiveness of implementing measures for the provision of national security and defense in the territories of Donetsk and Luhansk regions. Necessary preconditions will be created to ensure Ukraine's state sovereignty over the territories in the Donetsk and Luhansk regions within the internationally recognized border of Ukraine. According to the law, Russia is recognized as an aggressor country.