How to survive under the terror of invaders in the Kherson region and not to be recognized as a collaborator
The towns and villages of the Kherson region, which have been under Russian occupation since the first days of the war, are in complete isolation. But despite this, they daily prove to the occupiers that they are not welcome there. At the same time, the invaders use terror to force farmers to cooperate, distribute aid to people in exchange for passport details, and have effectively closed off access to Ukrainian-controlled territories.
Is it legal to leave the territory of Kherson through the occupied Crimea, or fear of criminal liability for receiving social assistance or wages in rubles, and how to act for farmers forced to cooperate by the occupiers? For explanations, ICTV Facts turned to the Deputy Minister of Justice Valeria Kolomiets.
Departure from the occupied Kherson region
Since the beginning of the occupation of the Kherson region, there was no single green corridor. To enter Ukrainian-controlled territory, people must pass about 60 Russian checkpoints. They go at their own risk because the occupiers often shoot cars or send them to minefields. Almost the only relatively safe route is through occupied Crimea.
At the same time, the head of the Kherson RMA, Hennadiy Laguta, recently stated that fleeing the occupation by this route violates Ukrainian law. The Ministry of Justice denies these statements.
– People should understand that they will not bear any responsibility for this because they acted in a state of extreme necessity. First of all, they should save their lives, think about the lives of their children, families, and relatives, and act in their interests,” says Deputy Minister of Justice Valeria Kolomiets.
“Social assistance” from the occupiers
Last week on the territory of the Kherson region, the occupiers began issuing so-called one-time social assistance in the amount of 10 thousand rubles. This aid is given to pensioners and public sector employees, demanding they provide all personal data. This can be done to collect data for a pseudo-referendum. Most people refuse such assistance, but some are forced to take it because of difficult economic conditions.
The Ministry of Justice advises people not to provide their passport data. If it is not possible otherwise, it will not be considered a violation of the law.
– Receiving these pseudo-legal payments today does not bear criminal responsibility for an ordinary person. However, in any case, it is necessary to understand that these people, even if they receive this assistance, they act in a state of extreme necessity, which a priori exempts them from responsibility. They can’t get funds from the bank, run out of cash, or there are no payments…” says Valeria Kolomiets.
Work of farmers in the Kherson region
Entrepreneurial activity in collaboration with the occupation authorities is punishable. At the same time, farmers in the Kherson region are often forced to sell their grain to the occupiers for nothing. They are forced not only morally but also physically. In such a case, this cooperation is forced and will not be considered as collaboration, says Valeria Kolomiets, but it will have to be proved.
– When we talk about coercion – it will have to be proved. I acted this way in this situation because there was coercion: physical, psychological or other”, – she says.
At the same time, the legislation provides for responsibility for cooperation with the occupiers in the recognized occupied territories. Meanwhile, the Kherson region is not legally so, explains Valeria Kolomiets.
– We are talking about such activities in the territories recognized as temporarily occupied in accordance with the law, and temporarily occupied in our country are those territories about which such a decision was made by the NSDC and approved by the President. As you know, at the moment, these are the territory of Crimea and certain territories of the Donetsk and Luhansk regions. There was no decision of the NSDC to recognize the Kherson region as occupied,” says Valeria Kolomiets.
Who will definitely be punished for collaborationism are those who are now helping Russian occupiers to establish fake power in the region, explains the deputy minister:
– The other issue is the people who are actively contributing to this occupation power: taking positions, beginning to transfer property, beginning to call for passportization, welcoming Russia. It is clear that this is a different story. All of them will be brought to justice, and all other transitional justice mechanisms will be applied.
