TERRITORIAL COMPROMISES ON UKRAINE IN U.S. FOREIGN POLICY: THE LEGAL IMPLICATIONS OF CАATSA (PUBLIC LAW 115-44) FOR UKRAINE’S NATIONAL SECURUTY

Анотація

This article offers a comprehensive analysis of the legal constraints on territorial compromises regarding Ukraine within U.S. foreign policy, viewed through the lens of the Countering America’s Adversaries Through Sanctions Act (CAATSA), Public Law 115-44. Employing an interdisciplinary methodology that integrates formal-legal, institutional, historical-comparative, and strategic-security approaches, the study examines the legal character of CAATSA, its place within the U.S. federal statutory framework, and its direct implications for protecting Ukraine’s sovereignty and territorial integrity. Special attention is devoted to Section 257, which codifies the U.S. policy of non-recognition of any territorial alterations achieved by force and institutionalizes sustained support for Ukraine. The research highlights the constitutional checks and balances between Congress and the executive branch, demonstrating how legislative oversight severely limits presidential discretion in sanctions policy and precludes the legitimization of territorial concessions to Russia. The article traces the evolution of the non-recognition principle from the 1932 Stimson Doctrine to its binding legislative embodiment in CAATSA. Its scientific novelty consists in reinterpreting CAATSA not merely as a sanctions statute but as a robust security instrument that functions as a legal shield for Ukraine against “peace-for-territory” scenarios. The study concludes that systematic integration of CAATSA provisions into Ukrainian diplomacy and public-administration planning can transform this U.S. law into a proactive tool of national security and international deterrence

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