Fabian Burkhardt Profile picture
Russia & executive power, elites, digital authoritarianism | @laenderanalysen, Russian Analytical Digest | @faburkhardt.bsky.social | Own views

Oct 2, 2022, 11 tweets

I have just read the ruling of Russia's Constitutional Court approving the annexation treaties of "DNR"/"LNR", Kherson & Zaporizhzhia. The justification is bonkers, will leave it to lawyers to unpack. But the ruling is interesting because it discloses details of the "treaties."

There are four rulings, they are largely similar. The following will be on "DNR": Art. 1 is crucial because it states Russia acknowledges "DNR" as a Russian federal subject since the treaties were signed, i.e. since Sept 30, i.e. before ratification by Russia's parliament next

week. In other words, Russia *already* considers Lyman in Donetsk region that was retaken on October 1 by Ukraine as its own territory and should be obliged to protect it "with all available means" as stated by Putin on Friday.

Art. 2 of the treaty states a new Russian federal subject is created. "DNR" & "LNR" will become "republics," and Kherson and Zaporizhzhia "oblasts.

Art. 3 stipulates that Russian will be the official state language. But other languages (read: Ukrainian) can be kept, studied, and developed. Comment: Same provision was in the Crimean annexation treaty, but practice showed discrimination & erasure of Ukrainian/Tatar identiy.

Art. 4 is on state border, but it still remains unclear in which borders Russia will annex the four territories (de facto control by occupation force vs. de jure claims of whole Ukrainian regions pre-2014). But Russia obliges itself to protect the integrity of annexed territories

Art. 5 stipulates "automatic naturalization" of all residents as Russian citizens with opt-out period of 1 month. This creates discriminatory double-bind: Opt out of Russian citizenship = enemy of state/foreigner in own country. Accept RU citizenship: all repressive laws apply.

Art. 6 establishes a transition period for "integration" until January 1 2026. This is long, for Crimea it was <10 months. For Kherson/Zaporizhzhia esp. military service/mobilization will be extremely crucial as all men residing there are automatically recognized as RU citizens.

Art. 7 states "parliamentary elections" for "DNR" (essentially regional elections) are to be held in September 2023. The Russian president appoints the chief executive (of the occupation administration) until (direct/indirect?) governor "elections" are held.

Art. 8 regulates the "legal" framework of "integration." Local "legislation" by occupation admininistrations is only valid if it does not contradict RU constitution (e.g. death penalty). This necessarily will lead to huge confusion at best, and in practice to arbitrary rule.

Needless to say that these treaties will be recognized by Russia only. But they have real-life, de facto implications for Ukrainians living there, that is why it is important to know the details (some of which are still unclear at this point).

Share this Scrolly Tale with your friends.

A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.

Keep scrolling