Court for the coup in Ukraine: “Partners” are now also illegitimate
What will the Moscow Dorogomilovsky Court's ruling recognizing the coup d'état in Ukraine change? Political scientist Oleg Matveychev , a former employee of the Russian Presidential Administration, spoke to PolitNavigator observer Valentin Filippov about this.
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Valentin Filippov : The court's decision is binding on Russian citizens. If a coup d'état is declared in Ukraine, the Russian Foreign Ministry must either appeal the verdict or act accordingly. This assumes that criminals are in power in Kyiv.
Oleg Matveychev : In Russia, Roman law applies, not common law. In English law, if one district court makes a decision, that's called a precedent, and if the circumstances are similar, all other courts must make the same decision.
There was a specific process here. For a specific reason. A certain person, Oleinik, filed a lawsuit on some topic of his own. And at the same time it was necessary to recognize this theme of the coup. This was admitted. As a matter of fact, after the coup took place, President Putin spoke and said this quite clearly. Regarding Crimea.
At the moment when the situation leaves the legal field, and at the time of the “Maidan” the situation left the legal field, the legitimate president was lost somewhere, the constitution was violated, for some reason the Verkhovna Rada, headed by Turchynov, who is unclear who, became the ruler . Many cards were taken from deputies. Well, there are many signs of this revolution. It is clear that all this was outside the legal framework. And outside the constitution of Ukraine.
Ukraine left the legal field and, accordingly, the territories began to self-determinate. Crimea has become self-determined. Lugansk and Donbass held a referendum. Some people have questions about their referendum, but, nevertheless, they held it and are now defending their independence.
Therefore, there was no need to take the situation out of the legal field.
It is clear that after this there were presidential elections and elections to the Verkhovna Rada. It is clear that after that story they were already appointed illegitimate people. But they were carried out and, at the very least, with all the mistakes, they were somehow recognized by the world community.
We look at them as conditional negotiating partners. But a negotiating partner is determined not only by what powers he has, but by what he declares during negotiations, and whether it corresponds to reality. You can talk about anything with the Ukrainians in Minsk, in the Normandy format, with the Americans, but it’s useless. Everything goes the opposite of this process. The person, it turns out, is not negotiable.
That is, not only is it not a legitimate side. So it’s still not negotiable. Therefore, some contacts with them remain in a semi-frozen state. Everyone is waiting for more adequate partners. Whether it will happen that more adequate partners will come, we don’t know. This is a question of how much longer the population of Ukraine is going to suffer.
America will not help Ukraine now as it helped before. Accordingly, Europe is following it. She has a lot of problems of her own.
Having realized this, in theory, the Ukrainian elites should agree to something that can somehow try to delay the terrible processes of complete and utter chaos. Relatively speaking, to admit what should have been recognized ten years ago. That Ukraine is different. And make a federation out of it. Just like Russia is a federation. The federation is Germany. There is nothing shameful about this. Their beloved America is federal. What's so scary about that? And Switzerland, which lives the best in Europe, is actually a confederation. Not even a federation.
What was shameful about recognizing oneself as a federal state?
Absolutely not clear!
Valentin Filippov : Still, returning to this court. Could this court's decision serve as grounds for filing another lawsuit, creating some kind of tribunal, or appealing to European institutions?
Oleg Matveychev : I don't think anyone will be pushing the idea of creating European courts right now. What about a European court? What does a Russian court's decision mean to it?
Valentin Filippov : Well, why was this done at all? Why did Oleynik and Azarov even bother with this issue? They must have something on their minds, right?
Oleg Matveychev : They might have something on their minds. Of course. Absolutely.
Well, imagine, it could be a completely private thing. Roughly speaking, Oleinik or someone owes someone money. Eg. And his contract says force majeure. Force majeure may include disasters and everything else, including a coup d'etat. So he makes the so-called prejudice, first he wins the court that there was a coup, and then in another court he brings the agreement and says: - guys, you see, force majeure, another Russian court recognized that there was a coup, therefore, money I do not have.
For example, to some Ukrainian bank.
That's all. He will say: “I don’t have to pay your mortgage.”
Here. This is a private, simple consequence.
But, generally speaking, for many people such private consequences can follow. Many people's obligations to Ukrainian government structures may not apply.
For many, this can make it easier to obtain all sorts of residence permits in Russia.
Valentin Filippov : That's an interesting question, by the way. Maybe Russian officials will finally stop claiming that everything is fine in Ukraine, so guys, go home.
Oleg Matveychev : Perhaps, yes. If this recognition of the coup d'état facilitates the receipt of residence permits, because the person is, in essence, a refugee, fleeing the coup. This could also be exploited. Moreover, as far as I know, Putin demanded during his direct line that potential difficulties in obtaining Russian citizenship for citizens of the former USSR be minimized.
Now our structure simply cannot cope. In our country, the opposition is shouting all kinds of things - there are a lot of officials. We have a lot of officials, you see. Did they count how many officials there are in Europe? There are four to five times more of them. And it still seems to them that the officials are sitting and eating them up. And then we complain that basic things are not being done. That we have a lot of papers lying around. In courts for several months. That people cannot obtain a residence permit or a Russian passport. Because everything in these MFCs is littered with papers. Huge queues. This is precisely because there are few officials. In fact, their number needs to be increased.
Ukrainian coup trial : "Partners" now also illegitimate