Читать статья по основам права: "The problem of "Fulfilment of the Minsk agreements by Ukraine"" Страница 1

(Назад) (Cкачать работу)

The problem of “Fulfilment of the Minsk agreements by Ukraine”

Zadorozhniiof Juridical Science, Professor, Head of the Department of International Law of the Institute of International Relations of Taras Shevchenko National University of Kyiv.

. The article is devoted to the issue of the violation of the Minsk agreements achieved in the result of the Minsk process by Russia and latter’s interpretation of the agreements as imposing the obligations of fulfilment exclusively on Ukraine. The article dwells on the attempts of the Russian high-rank officials and the representatives of doctrine to accuse Ukraine of non-fulfilling of this document. The author points to specific steps Ukraine has made to implement the provisions of the Minsk agreements (e.g. Ukraine has adopted the Law “On temporarily Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts of Ukraine (PDDLO)") and rebuttals Russia’s weak arguments about Ukraine s failure to maintain the truce., the analysis of the Minsk agreements implementation shows that the purpose of Russia is to de jure turn the conflict into an internal Ukrainian problem; influence decisions of Ukraine both in its internal and foreign policy by means ofpuppet “DPR" and “LPR", preferably granting the latter the veto power; destabilize political and social situation in Ukraine, undermine its economy and defence capacity with the help of the above formations.author arrives at the conclusion that the de-escalation is nominal because of Russia’s failure to cease the illegal actions.words: Minsk process, Minsk agreements, fulfilment, Russia, Ukraine, aggression, violations.problems. The statements that Ukraine fails to fulfil the agreement reached within the framework of the Minsk process, which prevents the settlement of Ukrainian crises have topped the agenda of Russian public discussions devoted to the ongoing armed conflict in the Donetsk and Luhansk regions. Consequently, the respective messages are voiced by the Russian leadership, transmitted by the mass media and replicated in the studies of Russian legal doctrine. The problem raised in the article and other issues associated with the Russian aggression against Ukraine is studied by the Ukrainian doctrine of international law and, in particular, by Viktor Akulenko, Volodymyr Baryshev, Andrew Beato, Alexander Blankenagel, Michaylo Buromenskyy, Volodymyr Butkevych, Ol’ha Butkevych, Viktor Brekhunenko, Volodymyr Va- sylenko, Oleksiy Volovych, Bohdan Halaichuk, Mykola Hnatovskyy, Volodymyr Holovchenko, Volodymyr Horbulin, Pavlo Hrytsak, Yaroslav Dashkevych, Anatolii Dmytriiev, Vjyacheslav Ihrunov, N. Kaminska, Oleksandr Kopylenko, Volodymyr Koretskyy, Tymur Korotkyy and others.aim of the article is to analyze the arguments of the Russian side alleging Ukraine undermines the Minsk process and rebut them.research results. President of the Russian Federation Vladimir Putin has repeatedly addressed the problem of “non-fulfilment of the Minsk agreements by Ukraine”; his statements place the emphasis on the same issues. On 6 June 2015, commenting on the results of the second round of the Minsk process, Putin stated that Russia had the following intention: “I believe the document agreed in Minsk with a respective name Minsk-2, is the best possible option to settle the problem today. In particular, the first thing to be done is to carry out the constitutional reform to guarantee the autonomous rights of the respective republics... It is necessary to adopt the law on municipal elections in these territories and the law on amnesty. All these should be done as articulated in the Minsk agreements and agreed with Donetsk People’s Republic and Luhansk People’s Republic, with these territories.”elaborated on details of these problems in an interview with German weekly newspaper Bild in January 2016: “Everyone talks about the necessity to implement the Minsk agreements and then the sanctions may be reviewed. Believe me; all these things look like the theatre of the absurd because it’s Kyiv authorities who should fulfil the Minsk agreements today. It is impossible to demand from Moscow that what Kyiv has to do in the first place. For instance, the key issue in the settlement process lies in political dimension and the constitutional reform is in the heart of this process. It is envisaged in clause 11 of the Minsk agreements. It directly stipulates that the constitutional reform is to be realized in Ukraine, and Moscow is not the one to take such decisions.

.. .Clause 9 envisages the Restoration of full control over the state border in the whole zone of the conflict on the part of the Ukrainian government on the basis of Ukraine's law, and constitutional reform by the end of 2015 providing the implementation of clause 11. It means the realization of the constitutional reform and political processes in the f irst place and then on the basis of these processes when confidence is built, we may talk about the termination of all processes, including the border closure” [34].17 February 2016, Vladimir Putin stated: “Today linking the lifting of sanctions by the EU to bringing the Minsk process to the logical end is meaningless, because the ball is not in the court of Russia, it’s in the court of Ukraine. Let’s hope that the political turbulent processes there would be overcome. And the political forces in Ukraine, which genuinely aim at settling this problem, will be able to find the strength to bring this process to an end” [Смирнов, 2016]. On 30 June 2016, at the meeting of ambassadors and permanent representatives of the Russian Federation, the President of Russia made another attempt to persuade the West in its comprehensive approach to the current situation: “We sincerely wish to settle the Ukrainian crises as soon as possible and we’ll further cooperate with members of Normandy format and the United States;

Похожие работы