Constitutional and Legal Instruments of Integration of Temporarily Occupied (Non-government Controlled) Territories: International Experience and Challenges for Ukraine

The article examines the constitutional and legal mechanisms for the reintegration of territories beyond state control, using international experience and Ukraine's specific challenges as a case study.From a theoretical perspective, reintegration is defined as the process of returning occupied or annexed territories to the state's legal framework.The article presents the experience of other countries, notably Germany, where the Basic Law was extended to the eastern Lnder after the fall of the Berlin Wall.It also highlights the role of Disarmament, Demobilization, and Reintegration (DDR) processes in peacebuilding.For Ukraine, the article analyzes current legislative initiatives and strategic documents concerning the de-occupation and reintegration of Crimea and Donbas.It concludes that successful reintegration requires a balance between the principles of the rule of law and security, while also considering human rights and international obligations.

Authors

Publication Details

Journal
Ukrainian Journal of Constitutional Law
Published
2025-01-01
DOI
https://doi.org/10.30970/jcl.2.2025.3
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
0.00
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article

Constitutional and Legal Instruments of Integration of Temporarily Occupied (Non-government Controlled) Territories: International Experience and Challenges for Ukraine

Olha Lotiuk
Ukrainian Journal of Constitutional Law
Land Use and Management
article

Constitutional and Legal Instruments of Integration of Temporarily Occupied (Non-government Controlled) Territories: International Experience and Challenges for Ukraine

Olha Lotiuk
article en

Abstract

The article examines the constitutional and legal mechanisms for the reintegration of territories beyond state control, using international experience and Ukraine's specific challenges as a case study.From a theoretical perspective, reintegration is defined as the process of returning occupied or annexed territories to the state's legal framework.The article presents the experience of other countries, notably Germany, where the Basic Law was extended to the eastern Lnder after the fall of the Berlin Wall.It also highlights the role of Disarmament, Demobilization, and Reintegration (DDR) processes in peacebuilding.For Ukraine, the article analyzes current legislative initiatives and strategic documents concerning the de-occupation and reintegration of Crimea and Donbas.It concludes that successful reintegration requires a balance between the principles of the rule of law and security, while also considering human rights and international obligations.

Ukrainian Journal of Constitutional LawVol. 2
Openalex Percentile: Top 72%
Land Use and Management
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Constitutional and Legal Instruments of Integration of Temporarily Occupied (Non-government Controlled) Territories: International Experience and Challenges for Ukraine — Olha Lotiuk · Ukrainian Journal of Constitutional Law (2025) | TGRS Research Map | TGRS