Formation and development of the highest state authorities of the Donetsk People's Republic and the Luhansk People's Republic from self-declaration to admission to the Russian Federation

The subject of this study is a scientific understanding of the formation and development of the supreme state authorities of the People's Republics of Donbass (DPR, LPR) as unrecognized states from the time of their self-declaration in 2014 to their admission to the Russian Federation in 2022.

The purpose of the study is to identify the main features, stages of formation and development of institutions of supreme state power (the head of state, parliament, government and courts) in the republics of Donbass in the period from 2014 to 2022.

The methodological basis of the research was a wide range of general and special methods of scientific cognition. Dialectical, analysis and synthesis, induction and deduction were used as general scientific methods. Comparative-legal, system-structural and formal-legal methods were used as special methods. General scientific methods, especially dialectical ones, allowed us to study the factors and the process of evolution of the constitutional status of the supreme state authorities of the DPR and LPR in the conditions of military confrontation with the mother state and political rapprochement with Russia. Using the comparative legal method, a comparative analysis of the status of the highest state authorities of the DPR, LPR and the Russian Federation was carried out. The system-structural method was used in the study of intra-system changes in the constitutional status of the studied authorities. With the help of the formal legal method, a study of normative legal sources was conducted, which made it possible to form the logic of the presentation of the material and the conceptual apparatus of the declared topic.

The procedure for the formation and activities of the state authorities of the DPR and LPR are regulated by an array of legal acts, the norms of which reflect both the identity of the power institutions of the republics of Donbass and the tendency to the reception of constitutional and legal institutions existing in Russia. This allows us to state with confidence the presence of a number of features in the process of evolution of the highest state authorities of the republics of Donbass, which reflect the focus on integration with a more developed state system of Russia, the formation in a short historical time, the proximity of the mechanism of organization and content of the competence of the highest state authorities of the two republics, caused, including their formation in the conditions of the special the legal regime of martial law.

The results of the study can be useful at the present stage of integration of new subjects of the Russian Federation into the legal system of the Russian Federation and into the system of its state authorities.

The conclusion is reasoned that the transformation of the institutions of the supreme power of the republics of Donbass has passed two stages and is currently in the third. The first stage is characterized by the formation of its own republican system of supreme state authorities (2014-2018). The second stage is characterized by further improvement and transformation of the status of the supreme state authorities of the republics against the background of increased Russian legal influence (November 2018-2022). The third stage is explained by the adoption of the DPR and the LPR into our state in September 2022 and the beginning of systematic work to change legislation regarding the creation of higher state authorities of new subjects of Russia.

1. Kovalenko T.S. Luhansk People's Republic: the history of emergence and ways of development, in: Priznanie gosudarstv i pravitel’stv: problemy i perspektivy, bar’ery i vozmozhnosti, Proceedings of the international scientific and practical conference, Luhansk, May 18-19, 2017, Luhansk, 2017, pp. 99–114. (In Russ.).

2. Anastasov A.I. Prospects of integration of unrecognized republics (on the example of the DPR), in: Donetskie chteniya 2016. Obrazovanie, nauka i vyzovy sovremennosti, Donetsk, 2016, pp. 228–230. (In Russ.).

3. Berdegulova L.A. The legal status of the DPR and LPR as quasi-state entities in the post-Soviet space. Istoricheskie, filosofskie, politicheskie i yuridicheskie nauki, kul’turologiya i iskusstvovedenie. Voprosy teorii i praktiki = Historical, philosophical, political and legal sciences, cultural studies and art criticism. Questions of theory and practice, 2015, no. 11-3 (61), pp. 26–28. (In Russ.).

4. Belashchenko D.A., Syuzeva Yu.S. Features of the international legal status of the Donetsk and Lugansk People's Republics in the context of the Ukrainian crisis, in: Kosov A.P. (ed.). Proceedings of the 5th International Scientific and Practical Conference, Vitebsk, 2020, pp. 164–168. (In Russ.).

5. Pervyakova R.N. Analysis of the implementation of public control over the activities of state authorities of the Donetsk People's Republic and the Russian Federation. Gosudarstvennoe i munitsipal’noe upravlenie. Uchenye zapiski = State and Municipal Management. Scholar Notes, 2021, no. 1, pp. 274–278. DOI: 10.22394/2079-1690- 2021-1-1-274-278. (In Russ.).

6. Vvedenskaya V.V. Signs of the state Donetsk People's Republic. Voprosy rossiiskogo i mezhdunarodnogo prava = Matters of Russia and International Law, 2018, vol. 8, no. 5A, pp. 5–16. (In Russ.).

7. Gruzdev V.V. Formation of signs of the state in the Luhansk People's Republic, in: Priznanie gosudarstv i pravitel’stv: problemy i perspektivy, bar’ery i vozmozhnosti, Proceedings of the international scientific conference, Luhansk, May 18-19, 2017, Luhansk, 2017, pp. 11–40. (In Russ.).

8. Tolstykh V.L., Grigoryan M.A., Kovalenko T.S., Halabudenko O.A. Problems of formation and functioning of legal systems of unrecognized states. Zhurnal rossiiskogo prava = Journal of Russian Law, 2018, no. 3, pp. 36–44. (In Russ.).

9. Kuchanov I.S. Problems of the development of parliamentarism in the unrecognized republics of Donbass at the present stage (2014–2016) in the reflection of printed materials from the collection of the SPIB of Russia, in: Tavricheskie chteniya 2016. Aktual’nye problemy parlamentarizma: istoriya i sovremennost’, International scientific conference, St. Petersburg, ElekSis Publ., 2017, pt. 2, pp. 231–239. (In Russ.).

10. Ashurkov O.A. Conceptual approaches to the formation of the constitutional and legal foundations of the economic system of the Donetsk People's Republic. Vestnik Instituta ekonomicheskikh issledovanii = Vestnik of Institute of economic research, 2019, no. 2 (14), pp. 147–155. (In Russ.).

11. Ashurkov O.A., Orlova N.A. On promising directions for improving the legislative base of the Donetsk People's Republic. Vestnik Instituta ekonomicheskih issledovanii = Vestnik of Institute of economic research, 2016, no. 3, pp. 98–109. (In Russ.).

12. Krierenko A.V. Some features of the formation of the institute of parliamentarism in the Luhansk People's Republic, in: Aktual’nye problemy nauki: vzglyady studentov, Proceedings of the all-Russian with international participants student scientific conference, in 2 parts, Lugansk, 2022, pt. 2, pp. 126–129. (In Russ.).

13. Sichkar V.A. Theoretical and legal foundations of the formation of the People's Council of the Donetsk People's Republic. Vestnik Instituta ekonomicheskih issledovanii = Vestnik of Institute of economic research, 2018, no. 2 (10), pp. 152–158. (In Russ.).

14. Slaykovsky E.A. Determination of the status of the head of state within the presidential branch of government (comparative analysis of the Russian Federation and the DPR). Vestnik studencheskogo nauchnogo obshestva, 2018, vol. 4, no. 10-2, pp. 217–220. (In Russ.).

15. Vvedenskaya V.V. Formation of the legislation of the Donetsk People's Republic. Voprosy rossiiskogo i mezhdunarodnogo prava = Matters of Russian and International Law, 2017, vol. 7, no. 8A, pp. 115–129. (In Russ.).

16. Babicheva N.A. Signs of statehood in the context of recognition of the Luhansk People's Republic by the international community. Vestnik Kostromskogo Universiteta = Vestnik of Kostroma State University, 2017, no. 3, pp. 234–238. (In Russ.).

17. Salnikov V.I., Nikolsky V.N. Problems of state development and management in unrecognized states of the post-Soviet space. Region: sistemy, ekonomika, upravlenie, 2018, no. 4 (43), pp. 127–133. (In Russ.).

18. Medvedev D.K. The system of executive authorities in the Donetsk People's Republic: concept, principles, structure, problems of organization and improvement. Pravo Donetskoi Narodnoi Respubliki, 2019, no. 1 (13), pp. 20–24. (In Russ.).

19. Shestak S.V. Legal reception in the legislation of the Donetsk People's Republic (theoretical and legal aspect). Vestnik DonNU, 2021, no. 1, pp. 95–99. (In Russ.).

20. Lipskaya O.N., Godlevskaya V.Ya. Legal policy in the Luhansk People's Republic, in: Scientific Achievements of the Third Millennium, Collection of scientific papers on materials XIV International Scientific Conference, Los Angeles, LJournal Publ., 2021, pp. 77–79. DOI: 10.18411/scienceconf-06-2021-17.

21. Yakubovsky E.N. Legal regulation of the judicial system in the conditions of formation and development of the Donetsk People's Republic. Pravo i pravosoznanie v period vooruzhennykh konfliktov, 2018, no. 2-1, pp. 109– 114. (In Russ.).

22. Kovalenko T.S. The influence of the Russian experience of the organization of the judicial system on the judicial system of the Luhansk People's Republic. Vestnik Kostromskogo Universiteta = Vestnik of Kostroma State University, 2017, vol. 23, no. 3, pp. 230–233. (In Russ.).

23. Kleshchenkov A.V. Issues of legal regulation of the judicial system of the Donetsk People's Republic, in: Aktual’nye problemy pravovogo, ekonomicheskogo i sotsial’no-psikhologicheskogo znaniya. Teoriya i praktika, Donetsk, 2019, pp. 95–98. (In Russ.).

24. Kovalenko T.S. Formation and development of the judicial system in the Luhansk People's Republic, Monograph. Kostroma, 2017. 168 p. (In Russ.).

25. Okhotsky E.V., Borshchevsky G.A. Unrecognized republics of Donbass: legal foundations and features of the organization of public administration. Publichnoe i chastnoe pravo, 2019, no. 2 (42), pp. 38–58. (In Russ.).