Ukraine Faces Constitutional Crisis: Can It Cede Donbas and Crimea to Russia?

2025-08-18
Ukraine Faces Constitutional Crisis: Can It Cede Donbas and Crimea to Russia?
EL PAÍS

Kyiv, UkraineUkraine is grappling with a formidable challenge as Russia demands the relinquishment of sovereignty over Crimea and the Donbas region. According to Ukrainian officials, fulfilling these demands would necessitate near-impossible constitutional reforms, plunging the nation into a complex legal and political crisis.

The Russian ultimatum, delivered this week, essentially seeks to redraw Ukraine's territorial boundaries and significantly curtail its national autonomy. This has sparked intense debate within Ukraine and drawn international condemnation. The core of the issue lies in the Ukrainian constitution, which enshrines the territorial integrity of the country, including Crimea and the Donbas. Any alteration to this foundational document would require a complex and lengthy process involving parliamentary approval, a national referendum, and potentially significant political upheaval.

“The demands being made are fundamentally incompatible with our constitution,” stated a high-ranking Ukrainian official, speaking on condition of anonymity. “To formally cede these territories would require a complete overhaul of our legal framework, a process that is practically unachievable under the current circumstances.”

The Constitutional Hurdles

The Ukrainian constitution is notoriously difficult to amend. Article 151 outlines the procedure, which begins with a proposal by the Verkhovna Rada (Ukrainian Parliament). This proposal must be approved by a majority of at least 300 of the 450 members of parliament. Following this initial approval, a national referendum is required to validate the constitutional changes. This referendum must garner at least 50% + 1 of the votes cast to be considered valid.

Furthermore, the process becomes even more complicated when dealing with territorial issues. The constitution explicitly states that Ukraine's territory is “unalterable.” Therefore, any attempt to formally relinquish control over Crimea or the Donbas would require a far more extensive and potentially contentious amendment process.

Political and Social Implications

Beyond the legal complexities, the political and social ramifications of such a move are immense. Public opinion in Ukraine overwhelmingly rejects any notion of ceding territory to Russia. Such a decision would likely trigger widespread protests, deepen existing divisions within the country, and potentially lead to a collapse of the government.

Moreover, the move would severely damage Ukraine's international standing and undermine its efforts to integrate with the European Union. Western allies have consistently affirmed their support for Ukraine’s territorial integrity and sovereignty, and any deviation from this position would likely result in diplomatic and economic repercussions.

The Donbas Dilemma

The situation in the Donbas region, where Russian-backed separatists have been fighting Ukrainian forces since 2014, further complicates the matter. While there have been ongoing discussions about granting greater autonomy to the region, formal annexation by Russia is a red line for Kyiv.

Crimea's Status

The status of Crimea, annexed by Russia in 2014 following a disputed referendum, remains a particularly sensitive issue. Ukraine and the international community consider the annexation illegal and continue to regard Crimea as Ukrainian territory. Any concession on Crimea would be seen as a betrayal of national interests and a victory for Russian aggression.

As Russia continues to exert pressure on Ukraine, the country faces a precarious situation. The constitutional hurdles, coupled with the political and social challenges, make fulfilling Russia's demands virtually impossible. The coming weeks and months will be critical in determining the future of Ukraine and the stability of the region.

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