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Ukraine: DRC / DDG Legal Alert: Issue 45 - October 2019 [EN/RU/UK]

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1. Joint Forces Operation Commander Announces Yellow Safety Regime Within the Safety Zones

Background: The Joint Forces Operation or JFO1 succeeded the ‘Anti-Terrorist Operation’ (‘ATO’) in April 2018 with the legislative background for the JFO provided earlier under Law No. 2268.2 The law provided a definition of ‘safety zones’ – areas lying next to the zone of hostilities. Within the safety zones, a ‘special regime’ is in force and additional powers can be granted to the JFO personnel. On 28 April 2018, the Ministry of Defence informed on its official website that the safety zones covered by the special designation will function in one of the three safety regimes: green, yellow, or red. These differ in the scope of additional powers rendered to the JFO staff operating within the area. The security levels are defined by the Joint Forces Operation Commander.

Recent Development: Starting from 28 October 2019, the yellow safety regime has been announced within certain areas of Luhansk and Donetsk regions under the decree of the Joint Forces Operation Commander. The decree, however, was not publicised; in such circumstances, the analysis is executed on the basis of the message which is posted on the official website of the Ministry of Defence of Ukraine.

Geographical Coverage: The measures listed below will cover only the yellow safety zone – areas of Luhansk and Donetsk adjacent to the hostilities zone and defined by the Commander-inChief of the Armed Forces. When the safety zones were first designated during the promulgation of JFO in April 2018, the Ministry of Defence defined the following geography of the safety zone (see on the right in yellow; the map is developed by the DRC-DDG and based on the data of the Ministry of Defence).