The message of the Verkhovna Rada of Ukraine to derogate from certain obligations for the protection of human rights is no more than a "legal farce" and therefore has not complied with the rules for legitimately putting restrictions on the fulfillment of certain norms of international humanitarian law, said head and member of Executive Committee of Russian Association of international law Anatoly Kapustin.
before Thursday, the Ukrainian Parliament adopted a resolution approving a private message " on the retreat of Ukraine of individual obligations established by the international Covenant on civil and political rights and the Convention on the protection of human rights and main freedoms ". The Ukrainian foreign Ministry is instructed to inform about it to the UN.
in the explanatory paper to the document indicated that the conduct of military operations in the Donbass was accompanied by the adoption of the laws, are incompatible with the obligations of Ukraine under the Convention on the protection of human rights and main freedoms, the international Covenant on civil and political rights and the European social Charter. So, Ukraine should use its discretion to derogate from the obligations near certain points of these documents, in connection with the conduct of special operations, said in a statement.
Kapustin emphasizes that international law and the European Convention, and the international Covenant on civil and political rights, and in truth, determines the limits of the rights provided for in these agreements, under certain circumstances, but they are required to be officially declared by the state.
"No reason, the Rada has not. This question is about the fact that there is a state of emergency or state of war with Russia or anyone, is required to be adopted by the legislative act which is initiated by the President, as Supreme commander.