There are two major trends in the legal development of European countries in the twenty-first century: the trend towards unification and the trend towards separation. Both can be observed inside the EU (UK and Spain) and outside the EU (Armenia, Azerbaijan, Georgia, Moldova and Ukraine). The reasons for this, of course, are different. However, these trends have one thing in common, both legislation and courts react to each of them. The European legislator responded to this process especially in the EU by declaring in Article 3 part 2 of the Treaty of Lisbon, the desire to create for its citizens an area of freedom, security and justice. Guided by the same goal, the Supreme Court of Ukraine reacted similarly to the separatist actions in Eastern Ukraine and on the Crimea. The court stated, in particular, that the Ukrainian “... State must take measures to effectively protect the rights of citizens on its territory, even if part of that territory is under the effective control of another State.” [Supreme Court of Ukraine, Case Nr. 522/16286/18, Register Nr. 88375791, 12 March 2020, available at http://www.reyestr.court.gov.ua/Review/88375791; Supreme Court of Ukraine, Case Nr. 242/1568/17, Register Nr. 88674275, 08 April 2020, available at http://www.reyestr.court.gov.ua/Review/88674275; Supreme Court of Ukraine, Case Nr. 310/1739/17, Register Nr. 88575080, 25 March 2020, available at http://www.reyestr.court.gov.ua/Review/88575080 . Accessed 29 June 2021.] At the same time, special procedures for protecting such rights are associated with special risks. In particular, the simplified establishment of birth or death can be used for abuse, e.g. receiving social benefits for “newborns,” termination of criminal prosecution of the “dead” or inheritance issues.[See e.g. the reports of such facts in the Media, available at https://vchasnoua.com/special/immigrants/news/66480-na-donechchyni-shakhrai-pryvlasniuvaly-sotsvyplaty-pensioneriv-z-ordlo . Accessed 29 June 2021.] How has the Ukrainian legislator reacted to such processes? The article is devoted to the analysis of legal measures in the context of the developments in certain parts of the Donetsk and Luhansk regions of Ukraine exclusively from the Ukrainian legal point of view. Other aspects of this topic are not covered in this article.

The Term “Non-Recognized” and Effective Legal Protection from the Perspective of Ukrainian Law

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2025年

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Nazar Panych

摘要

There are two major trends in the legal development of European countries in the twenty-first century: the trend towards unification and the trend towards separation. Both can be observed inside the EU (UK and Spain) and outside the EU (Armenia, Azerbaijan, Georgia, Moldova and Ukraine). The reasons for this, of course, are different. However, these trends have one thing in common, both legislation and courts react to each of them. The European legislator responded to this process especially in the EU by declaring in Article 3 part 2 of the Treaty of Lisbon, the desire to create for its citizens an area of freedom, security and justice. Guided by the same goal, the Supreme Court of Ukraine reacted similarly to the separatist actions in Eastern Ukraine and on the Crimea. The court stated, in particular, that the Ukrainian “... State must take measures to effectively protect the rights of citizens on its territory, even if part of that territory is under the effective control of another State.” [Supreme Court of Ukraine, Case Nr. 522/16286/18, Register Nr. 88375791, 12 March 2020, available at http://www.reyestr.court.gov.ua/Review/88375791; Supreme Court of Ukraine, Case Nr. 242/1568/17, Register Nr. 88674275, 08 April 2020, available at http://www.reyestr.court.gov.ua/Review/88674275; Supreme Court of Ukraine, Case Nr. 310/1739/17, Register Nr. 88575080, 25 March 2020, available at http://www.reyestr.court.gov.ua/Review/88575080 . Accessed 29 June 2021.] At the same time, special procedures for protecting such rights are associated with special risks. In particular, the simplified establishment of birth or death can be used for abuse, e.g. receiving social benefits for “newborns,” termination of criminal prosecution of the “dead” or inheritance issues.[See e.g. the reports of such facts in the Media, available at https://vchasnoua.com/special/immigrants/news/66480-na-donechchyni-shakhrai-pryvlasniuvaly-sotsvyplaty-pensioneriv-z-ordlo . Accessed 29 June 2021.] How has the Ukrainian legislator reacted to such processes? The article is devoted to the analysis of legal measures in the context of the developments in certain parts of the Donetsk and Luhansk regions of Ukraine exclusively from the Ukrainian legal point of view. Other aspects of this topic are not covered in this article.