CrimeaSOS: how a new decree of the president of the russian federation threatens the residents of the occupied territory of the Kherson region

On April 27, 2023, the head of the kremlin, vladimir putin, signed a decree “On the peculiarities of the legal status of certain categories of foreign citizens and stateless persons in the russian federation”. The decree allows the deportation of some residents of the temporarily occupied territories (TOT) of Ukraine, in particular, part of the Kherson region. CrimeaSOS lawyer Anastasiia Kalinina explained what could threaten Ukrainians in the TOT.

According to the decree, citizens of Ukraine who lived in the occupied territories of Luhansk, Donetsk, Zaporizhzhia and Kherson regions as of September 30, 2022 and refused to receive russian citizenship are considered “foreigners or stateless persons”.

“In fact, the decree determines that such persons are not subject to deportation, readmission, prohibition of entry to the territory of the russian federation, reluctance to stay in the russian federation, reduction of stay in the russian federation. However, there are a number of exceptions when a person will be required to leave or will be deported”, — explains Anastasiia Kalinina.

Upon opinion of the occupation authorities, persons can be deported if they:

• pose a threat to the national security of the russian federation;
• advocate a violent change of the russian constitutional system;
• plan terrorist (extremist) activities;
• encroach on public order and public safety;
• participate in unauthorized meetings, gatherings, demonstrations, marches or picketing.

The date of entry into force of the decree is considered to be the date of its signing, therefore, all provisions are valid since April 27, 2023.

“This decree is aimed at creating the illusion that obtaining passports is voluntary. However, it significantly affects legal processes and the psychological state of people”, — added Anastasiia Kalinina.

According to putin’s decree, from January 1, 2023, the territorial bodies of the ministry of internal affairs of the russian federation are fully operational in the occupied territories of Luhansk, Donetsk, Zaporizhzhia, and Kherson regions.

According to the General Staff of the Armed Forces of Ukraine, russia continues the forced passporting of the population of the temporarily occupied territory of the Kherson region.

We shall remind you that russia’s imposition of its citizenship, forced passporting, became the root of the violation of rights, in particular to labour, in the temporarily occupied Crimea.