Mazda05 (2024-12-04 12:39:06+00:00): Dear woodpeck.


The tag "access=no" is defined in the wiki https://wiki.openstreetmap.org/wiki/Key:access + https://wiki.openstreetmap.org/wiki/Tag:access=no as denoting inaccessibility for use (including passage or highway=*) by the general public including and primarily due to legal restrictions. At the same time "access=yes" is defined in wiki to indicate the absence of any legal restrictions for the general public.


The "Должанський" border crossing point was closed by protocol decision 05.06.2014 by the Cabinet of Ministers of Ukraine https://www.kmu.gov.ua/news/247368896 and has not been opened since then.


At the moment the border crossing point is on the territory of Ukraine, which is confirmed by the treaty between the Russian Federation and Ukraine on the Russian-Ukrainian state border of 28.01.2003, valid for both sides (https://zakon.rada.gov.ua/laws/show/643_157?lang=en + https://mid.ru/ru/foreign_policy/international_contracts/international_contracts/2_contract/46278/), which came into force on 23.04.2004 after ratification of this treaty by the Russian side (for this border crossing point the points 1228 — 1231 define the state border in this area). Since then, since 23.04.2004, the treaty has not been challenged by anyone, has not been canceled in full, has not been canceled in any part, has not been denounced. Which means that the territory on which this border crossing point is located is on the territory of Ukraine, and the laws, sovereignty and jurisdiction of Ukraine extend to its entire territory according to the Constitution of Ukraine https://zakon.rada.gov.ua/laws/show/254к/96-вр?lang=en (Article 2). Whether there is control over this territory or whether laws are enforced directly on this territory is not what the "access=no" tag determines. The jurisdiction of Ukraine extends to this territory and to the actions committed there, including illegal crossing of the state border, which is confirmed by the above-mentioned treaty, laws, as well as by the Criminal Code of Ukraine and numerous court decisions holding both administrative and criminal liability for crossing the state border outside open border crossing points, smuggling, facilitation of illegal border crossing and similar acts committed on the territory of Ukraine, including illegal crossing of the state border. Ukraine's jurisdiction over these territories is also indirectly confirmed by the existence and operation of border crossing points across the State border of the Russian Federation located nearby in the Russian Federation, as well as by the laws and regulations of the Russian Federation that provide for the operation of such border crossing points and the passage of citizens through them.


The fact that this border crossing point was closed and that https://www.openstreetmap.org/user/TesDen edit was erroneous was reported in the description of https://www.openstreetmap.org/changeset/158772712 and subsequent edits, as well as in the comment on https://www.openstreetmap.org/changeset/158771927 to inform https://www.openstreetmap.org/user/TesDen . However, given his aggressive statement in a private message dated November 5, 2024 at 09:55 “Перестань вносить некорректные данные. Диванный войн с картами, перестань вносить некорректные данные. Если хочешь сделать так чтобы твои данные совпадали с реальностью, шуруй в ТЦК”, and then in a comment on https://www.openstreetmap.org/changeset/159064908, and ignoring my posts and the valid legal restrictions, he kept periodically changing the "access=no" to "access=yes", which is vandalism https://wiki.openstreetmap.org/wiki/Vandalism, namely “Purposeful removal or degradation of data that are known to be correct” as well as “Deliberate adding incorrect data”, at least starting with his edits, after his comment https://www.openstreetmap.org/changeset/159064908, by which he confirmed his awareness of my comments on the edits, arguments and legal restriction from the КМУ (Cabinet of Ministers of Ukraine), which is marked as "access=no". This cannot be called “Disputes within the OpenStreetMap database (edit wars)” because there was no dispute: on my side there were arguments in the form of comments and source of information, and on the side of the participant https://www.openstreetmap.org/user/TesDen only edits with a comment: “Ошибочно указан запрет использования” without any arguments or sources.


The above applies to all border crossing points edited by https://www.openstreetmap.org/user/TesDen, but for different border crossing points there are different documents of authorized bodies on temporary closure of a border crossing point, as I reported in the comment to my edits and in the message to the first edits of https://www.openstreetmap.org/user/TesDen for each the border crossing point.


However, given the aggressive personal message from https://www.openstreetmap.org/user/TesDen, quoted earlier, as well as his comment on the https://www.openstreetmap.org/changeset/159064908 edit, it is clear that this participant does not understand what “legal restrictions” and “law” are. Considering that his actions on "highway=*" + "access=yes" markup carry the risk of administrative or criminal liability for those using OSM data — such edits are extremely dangerous for the community.


Related to the above, I ask to issue a caution to the participant, as his actions in terms of editing "access=no" at border crossing points and on the section between the border crossing point and the state border are vandalism: “Purposeful removal or degradation of data that are known to be correct” + “Deliberate adding incorrect data”, and in case of repetition — to block this participant https://www.openstreetmap.org/user/TesDen.


Regards, Mazda05