Applicability of Remedial Secession Theory on the Recognition of Donetsk and Luhansk Oblasts' Independence

One of the Russia's implicit legal pretexts in recognition of Donetsk and Luhansk oblasts' independence in Ukraine is the realization of remedial secession (RS) theory as to these republics. The authors of the present article, through a descriptive-analytical method, aim at investigating the applicability of RS theory on the Donetsk and Luhansk oblasts independence in Ukraine. It appears that, due to the non-realization of the main conditions of RS namely the systematic, gross and long-term violation of human rights of the separatist group and lack of an alternative for secession and taking into account the situation of these oblasts in the framework of Ukraine and Minsk I and II agreements between the central government and the leaders of these two oblasts, resorting to RS theory to justify the unilateral secession, and as a consequence, recognition by Russia of Donetsk and Luhansk' independence has no legal basis. The authors maintain that Russia's act in resorting to this rule for justifying its military measure can be assessed as an instrumental use of a progressive theory to achieve a non-civilized goal.