Currently Ukraine finds itself in a complicated diplomatic and political-procedural situation regarding conflict resolution in Donbas. The difficulties, first of all, lay in the determination of the conflict party, authorized to hold the negotiations.
The conflict takes place in certain areas of the Donetsk and Luhansk regions. This territory is a part of Ukraine, however is not under control of the central government («uncontrolled territories», in political documents and in the legislation of Ukraine - «temporary occupied territories»).
Under the Law of Ukraine «On the peculiarities of state policy to ensure the state sovereignty of Ukraine at the temporary occupied territories in Donetsk and Luhansk regions», the temporary occupied territories in Donetsk and Luhansk regions are territories of Ukraine where the Russian military forces and occupation administration of the Russian Federation have established and execute their control. When interpreting Ukrainian law, the parties to the conflict can be established - Ukraine and Russia. However, under the Constitution of Ukraine, in the event of military aggression against Ukraine, Verkhovna Rada (the Parliament) declares, after confirmation with the President of Ukraine, a state of war. At the moment, the war has not been declared and the military regime has not been established.
The Russian Federation in its turn internationally denies attacking Ukraine and insists on absence of Russian military in the Donetsk and Luhansk regions. Thus, the term «aggression» ("Definition of aggression", approved by General Assembly resolution 3314 (XXIX) of December 14, 1974), namely «The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof» cannot be fully used as an interoperation in the existing conflict. Or, as it happens in Ukrainian politics-with a lot of reservations, clarifications and explanations. In public argumentation a term «hybrid war» is often used, that allows to explain the limited interpretation of «aggression», absence of military state etc.
But, according to media reports and statements by representatives of the secret services of Ukraine, there is an evidence base, which confirms the presence of the Russian Federation's troops in the territory of Donetsk and Luhansk regions.
Also, widespread information is that the Russian Federation (that is, political and military authorities) purposefully sends military specialists, instructors, and other indefinite armed formations to Donbas in order to control the territory. These actions fall under paragraph G) Article 3 of "Definitions of Aggression" (resolution 3314 (XXIX) of the General Assembly dated December 14, 1974), which imperatively establishes that «The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein». At the same time, such evidence has not yet been confirmed by the UN International Court and thus have no confirmed status.
Given the disagreement of the Russian Federation with the fact that it is a party to conflict, Ukraine should look for the "horizontal contacts" with representatives of unrecognized formations (so-called "DPR" and "LPR"), and create conditions for a wide non-governmental civilian dialogue on the ways of armed conflict resolution and reconciliation, political and administrative model of Donbas existence (Donetsk and Luhansk region until 2014) as part of Ukraine, measures and security guarantees, restoration of control at the border, the restoration of common civil, economic and social space. To this end, it is necessary to establish a special «dialogue window», recognized by all parties to the negotiation and conflict "platform" (and possibly more than one), where a permanent dialogue will be held to develop a consensus and acceptable reconciliation options.
This process can be defined as "Mariupol format" (along with «Norman» and «Minsk»). First step.
Establishment of expert-humanitarian platform, engaging «moral authorities» (for example the region «elders»), leaders of the civil organizations and movements, scientists and humanities scholars, living on the both sides of the «contact line». The objective is to create a dialogue platform to develop social, cultural and other connections between the citizens of the conflicting parties.
Also, an action programme is necessary that will solve the healthcare, ecology, security of the civilians crossing the contact line issues, civil rights of the «grey area» population, humanitarian aid etc. Establishment of such a programme will promote development of a general understanding of both disagreements and common approaches in solving these problems. Second step
, in the context «One and a Half diplomacy» cab de divided into three components.
- Encouraging representatives of local governments to join the dialogue, developing approaches to interaction and joint programs for the population at the local level (cities, regions).
- Establishment of «the political negotiation group» consisting of politicians representing leading parties and political associations and participating in legislation bodies (including unrecognized DPR and LPR).
- Engaging official and authorized representatives of the OSCE (one of the parties to the Minsk Negotiations) and diplomatic representatives of the Norman Group (level - Advisors, Ministry of Foreign Affairs of the Member States) in order to develop political and diplomatic proposals for conflict solving (including the coordination of the implementation plan of "Minsk agreements" 2014-2015). The third step
is to engage official diplomatic mechanisms in order to formally consolidate doctrines and agreements reached.
The role of pushing power and сo-founder of the new Mariupol format can be taken upon be the Social Initiative «Donbas-Donbas» (https://donbas-donbass.info/
), which unites an extensive list of civil organizations, public figures, entrepreneurs, most of whom are immigrants from Donbas and are actively involved in peacekeeping initiatives. Considering a noticeable growth of initiatives number regarding Donbas conflict resolution and a wide circle of new players in the civil sector, the «Mariupol format» initiative may become a unifying start for all the existing platforms and aassociations.
In turn, «Donbas-Donbas» is preparing its initiatives on peaceful dialogue, social support plans for residents of Donbas and temporarily displaced people, economic recovery and environmental rehabilitation of the region, etc.
Such a way of conflict resolution, considering the growth of social hatred, the increase in military potential in a limited territory and human losses may be the only non-conflict solution. After all, ultimately, all conflicts in one way or another are solved solely with the help of diplomacy, and above all - civilian diplomacy.