MP from PPB, a member of the parliamentary committee for defense Ivan Vinnyk said that the law "On the restoration of state sovereignty over the occupied territories" provides the introduction of martial law in certain territories and their liberation from the invaders. He made the corresponding statement on the air of 5 Channel.
"In order to explain this, we must first return to 2014, when after the flight of Yanukovych, the Russian aggression occurred with the annexation of the Crimea, and later the military occupation of the Donetsk and Luhansk oblasts with the active participation of the regular Russian army. We had to solve two problems at that time: first, we needed to hold elections in the country... But during martial law, according to the current constitution, no elections can be held. On the other hand, we needed to find a legal framework for the use of the Ukrainian army, because military formations, even hybrid ones, operated against us... And the third problem was that we actually had no army at that time, so we had to reckon with the opinion of our western partners, who told not to escalate the situation. Then it was decided not to declare martial law, hold elections, create a regulatory and legal basis for engaging our army, which at that time was being created (including through voluntary associations). And such a solution to conduct the Anti-Terrorist Operation was found... De jure, the military actions were led by the SBU Anti-Terrorist Center, de facto they were led by the Supreme Commander-in-Chief, through the head of the General Staff. But in fact, any shot from a heavy gun had to get permission from 4 people. In conditions of active combat actions, such a format is incapacitated... Now the status quo has changed: we held elections; western partners supported us - the sanctions were applied, Ukraine received visa-free travels; we formed the Ukrainian army, which today is able to oppose, at least the land part of the Russian army. We are capable of going on the offensive and we are demonstrating it, even if not publicly... Under such conditions, when the OSCE, the only international organization that works in the occupied territories, still does not notice the regular Russian troops and still does not understand where they take weapons, fuel products, etc., we finally need to establish at the level of the law, at the level of legal bases that military aggression has been committed against us, and Ukraine applies the army on its own territory without violating the Constitution, since we declare the relevant martial law in a separate territory which is now being occupied by the regular Russian army. It is needed to be done in order the monitoring structures together with the OSCE will finally register the presence of the Russian army de jure, so that the Russian diplomacy does not parasitize that it will involve the Ukrainian army in The Hague for the crimes against humanity, because they read our current Constitution: the Armed Forces of Ukraine cannot be applied in Ukraine against the Ukrainian people, unless martial law is being declared" – the deputy said.
Ivan Vinnyk also said: "The law will contain the following: The law will clearly state that the territories must be liberated at first, not reintegrated, not deoccupied… We liberate the territories from the Russian occupant and then we carry out the necessary actions for infrastructure restoration, for reintegration and restore the border on the administrative line where they are established by international treaties".
Ivan Vinnyk also clarified that there will be no dynamic actions in the Crimea in the near future, but the prospect of the liberation of Donbass, provided that the Russian Federation does not use aviation, becomes, in his judgement, real.
"As for the Crimea, we will certainly declare the same martial law in the Crimea to establish a legal fact at the level of Ukrainian diplomacy and our international partners, but we will certainly not be able to liberate the Crimea now, there are no capabilities of the Ukrainian army to do it. We can just say so far about the liberation of the Donetsk and Luhansk oblasts, if Russia does not apply aviation", - he said.
At the same time, the deputy noted that he has no confidence that this law will be adopted by the Verkhovna Rada.
"Of course, the problem here is that I generally think that the Verkhovna Rada will not adopt it. I was watching how we voted for sanctions against Yanukovych, I was watching the active discussion of the introduction of the visa regime with the Russian Federation – I do not see any votes for such proactive actions in favor of national interests", - he stated.