The pseudo-referendum of the Russian Federation as a way to justify war crimes and war

"Referendums" in the occupied territories of Ukraine are illegal, and therefore will not have legal force. As if the whole world understands this and none of the developed countries recognizes their results. Why is it so important for us to talk about these pseudo-referendums and keep them constantly in our field of vision?

Today, Russia is trying to impose rules on the world, according to which one state can seize the territory of another state, arrange terror against its citizens, legitimizing the admiration for the "referendum" held under the muzzles of machine guns.

In 2014 Russia held a spentpseudo- referendum in Crimea. It was held in violation of the Constitution of Ukraine, norms of international law and principles of democracy and under the pressure of weapons in the hands of the occupiers.

Occupied separate areas in the Donetsk and Luhansk regions also bore witness to distorted

democracy. On May 11, 2014, two so-called "voting", were organized by pro-Russian forces on "self- determination" of the region.

During the "voting" at pseudo-referendums for the independence of Donetsk and Luhansk regions, large-scale violations were recorded.

The occupation authorities used outdated lists (from the 2004 elections, when the number of voters dropped by approximately 400,000 people), the principle of personal voting was violated everywhere (you could vote not only for yourself, but also for relatives or friends), and there were numerous cases of one person voting in multiple precincts.

In addition, many polling stations did not have booths for secret voting, thus the votes were cast on tables, and there were only a few individuals in the commissions themselves.

The international community then condemned the following Russia's actions:

• Resolution of the UN General Assembly No. 68/262 "Territorial integrity of Ukraine";
• Resolution of the UN General Assembly No. 71/205 "Situation with human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine";
• Resolutions of the Council of Europe "Condemning Russia's occupation of Crimea and sanctions against Russia";
• PACE resolutions "Political consequences of Russian aggression in Ukraine" and others. However, none of these resolutions, appeals, or expressions of "deep concern" resulted in tangible effects; international community continued to trade with Russia, maintain diplomatic contacts, and shake hands with its leaders.

The past few days, September 23-27, were rich in such "referendums", when Russia, as promised, held its "people's will" in the temporarily occupied parts of the territories of Donetsk, Luhansk, Zaporizhzhya and Kherson regions.

These occupiers, however, walking around residences and entrances with automatic weapons, "voting" without any documents, and, most crucially, delivering swift results that were pre-planned, had nothing to do with the referendum. In fact, they are illegal actions that endanger the lives, health, personal integrity, and dignity of Ukrainian citizens, as well as violations of Article 47 of the Geneva Convention (IV) on the Protection of the Civilian Population in Time of War regarding the inviolability of the rights of the population of occupied territories.

You may argue that history repeats itself. However, this is not entirely correct. Russia is going in circles, having dodged punishment in the past and again perpetrating the same crimes.

That's correct, they are crimes with criminal sanctions ranging from 5 to 12 years in jail. An even tougher sanction is provided for the organization and holding of events of a political nature, carrying out information activities in cooperation with the aggressor state and/or its occupation administration, active participation in such events – deprivation of liberty for a term of ten to twelve years with possible confiscation of property.

There must be accountability for committing a crime. Even if it is a crime disguised as a spectacle put on by the Russian Federation.

"The events in the temporarily occupied territories have nothing to do with the referendum", repeatedly emphasized Chairman of the Commission Oleg Didenko.

Why? The answer is in our law as well as in internationally prescribed regulations:

• Only the Verkhovna Rada of Ukraine may call a referendum on modifying the state's boundaries, and the choice is made by the whole Ukrainian people.;
• referendums are prohibited during wartime;
• the actions of persons or bodies regarding the organization and holding of referendums are a priori illegal;
• there is no legislative regulation of the procedure for holding local referendums, the procedure for the formation of referendum commissions is not defined;
• during the period of martial law in those territories where the armed forces of the Russian Federation are located, the exercise of powers and the activities of the territorial election commissions and their members are suspended;
• access to the State Register of Voters was closed by the CEC at the beginning of the war;
• the expression of the people's will in the form of a referendum must take place exclusively in compliance with the fundamental internationally recognized principles for their conduct - general, equal, free, direct and secret voting, which is conducted in compliance with the law.

Why is it so important for Russia to hold these pseudo-referendums?

"This is a covert infringement on fundamental values. It is also a way of justifying war crimes and war", – explains Oleh Didenko.

It probably sounds like this in their brains: "Look, we kill for a reason. These people want us. We free them, they vote for us." It's tough to imagine anything more cynical. But in Russia it works for Russian citizens. Therefore, the Central Election Commission from the very beginning emphasized, that the holding of these pseudo-referendums and the demonstration of the "results" of the vote, which are known in advance, is necessary primarily for the picture on racist TV.

Now there is an opportunity to legitimize the mobilization of our citizens for the war against Ukraine (Ukrainian men whose homes Russia has destroyed and whose children Russia has killed will be forced to go kill other Ukrainian citizens) and to conceal the fact that these territories are now Russian.

 This is a tried and true Russian narrative that, once again, has no legal standing.

This is also a kind of blackmail. Can you image what they tell people compelled to participate in such referendums if individuals in the freed territories tell you that the occupiers threatened them with torture by the Armed Forces of Ukraine since they were under Russian control for months?

That is why the Central Election Commission called and continues call:

• foreign countries and international organizations to condemn the actions of the Russian Federation and its occupation administrations, not to recognize any results of such pseudo- referendums, and also to promote the immediate termination of Russia's occupation of Ukrainian territories;
• election administration bodies of democratic states, specialized international organizations to stop any cooperation with the aggressor state and its bodies, to stop Russia's membership in international institutions and to prevent the participation of Russian citizens in observing the elections as international observers.

Back in the summer, we urged the world:

• to disregard any outcomes of such "popular expressions of will";
• apply personal special economic and other restrictive measures (sanctions) against citizens of the Russian Federation involved in the organization of preparation and holding of pseudo- referendums;
• increase political and diplomatic pressure on the Russian Federation and give it clear signals about the inevitable negative consequences for it for another attempt to illegally change the internationally recognized borders of Ukraine.

And even if it is death agony, russia must be stopped as quickly as possible, and our efforts must continue.

"No matter what kind of pseudo-referendums the aggressor holds in the temporarily occupied territories of Ukraine, we will liberate Ukrainian land and will definitely hold elections on it. Therefore, the task of the CEC is to prepare today to overcome the serious problems that will await us in the future, and to work out relevant provisions, which will become the basis for the organization of elections in accordance with the best international practices and standards", – said Chairman of the CEC Oleh Didenko at the meeting of the Commission on September 27.

Simultaneously, the Commission accepted proposals for conducting elections after our Victory. According to the resolution, the discussion will also include the question of arranging the preparation and conducting of elections after the deoccupation of the Crimean peninsula.

The genuine ones. Civilized. Democratic elections.