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Parliamentarians have broken the treaty of friendship with the Russian Federation, but must still eliminate gaps in the legislation to fight the aggressor in international courts

  • Parliamentarians have broken the treaty of friendship with the Russian Federation but must still eliminate gaps in the legislation to fight the aggressor in international courts

Kyiv: On Thursday, December 6, at a plenary session of the Verkhovna Rada, Ukrainian legislators, by 277 votes in favor, supported the adoption of the presidential bill on the termination of the Treaty of Friendship, Cooperation and Partnership between Ukraine and Russia (the so-called Grand Treaty) concluded in 1997.

This is announced by the official portal of the Parliament.

According to the document, Ukraine terminates the treaty from April 1, 2019, that is, the day after the first round of presidential elections in the country.

The bill “On the termination of the Treaty on Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation” was registered under №0206 yesterday and was approved for voting at a meeting of the relevant committee.

“Considering the armed aggression of the Russian Federation against Ukraine, which is a significant violation of the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation concluded on May 31, 1997 in Kyiv and ratified by the Verkhovna Rada of Ukraine on January 14, 1998, which has value for the implementation of the object and purpose of this Treaty, based on the provisions of Article 60 of the Vienna Convention on the Law of International Treaties, Article 24 of the Law of Ukraine On International Treaties of Ukraine and in accordance with Article 40 of the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation, the Verkhovna Rada of Ukraine decided: to terminate from April 1, 2019 the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation, concluded on May 31, 1997 in Kiev and ratified by the Verkhovna Rada of Ukraine on January 14, 1998,” the text of the adopted document says.

According to the Law, the termination of the Treaty of Friendship, Cooperation and Partnership between Ukraine and the Russian Federation relieves Ukraine of any obligation to fulfill it and does not affect the rights, obligations or legal status of Ukraine arising from the implementation of the Treaty prior to its termination, according to Article 70 of Vienna Convention on the Law of Treaties.

Many domestic politicians and public activists demanded the immediate abolition of the Grand Treaty in the spring of 2014, immediately after Russia's annexation of the Ukrainian Crimea, but some experts mistakenly thought that having such a document de jure served as a deterrent for the aggressor and would strengthen Ukraine’s position in international judicial instances.

Meanwhile, the other day the Ministry of Foreign Affairs of Ukraine appealed to the signatory states of the Budapest Memorandum requesting urgent consultations. This is stated in a statement made public on the official website of the department.

It is worth recalling that at one time the president of the Ukrainian Association of International Law, Olexandr Zadorozhny (now, alas, deceased) calculated that due to the aggressive war of the Russian Federation against Ukraine, the Kremlin violated 403 international conventions, multilateral and bilateral treaties and laws.

And his successor as head of the association, Mykola Gnatovsky, today on his Facebook page informed his subscribers that the Office of the Prosecutor of the International Criminal Court recently published a report on the consideration of the international claim of Ukraine against Russia. The court promises "in the near future" to make a decision on the admissibility of the case for consideration. The expert explains that the ICC can handle the case only when the states are not able or unwilling to fulfill international obligations.

In addition, the Criminal Court will be interested in at what stage the same criminal proceedings are in Ukraine.

“And here Ukraine should take care that such production, as far as possible, were up to the mark. Of course, the key role here is with investigators, prosecutors, and the court. But also a prerequisite is the urgent adoption of amendments to the Criminal Code of Ukraine in order to bring the domestic law in line with the requirements of international criminal law,” Mykola Gnatovsky rightly pointed out to our people's representatives the existing gaps in national legislation.

FNI


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