Legal and treaty base of Ukraine. Modern international relations are based on international treaties. For each newly independent state including Ukraine the contractual formalization of the country’s relations with the outer world, is of paramount importance. Thus, one of the first issues that the young Ukrainian independent state faced, once it became a full-fledged subject of the international law, were the agreements on establishing diplomatic relations with other countries in the world. Due to the active role of the Ukrainian diplomacy in the period between the end of 1991 and beginning of 2002 Ukraine’s independence was recognized and the nation established diplomatic relations with more than 170 countries in the world. Agreements on establishing diplomatic relations with other countries make a separate and integral part of Ukraine’s legal basis which, in its turn, has become the foundation for developing diplomatic relations with other foreign states that fight for their right to self-determination. Those agreements have gained international recognition and confirmed Ukraine’s firm intention to become an independent state and find its worthy place on the international arena.
At the same time, it won’t be right to state that the legal and treaty base of Ukraine appeared when the country gained its independence. First international treaties were signed in the 20s of the last century on behalf of the Ukrainian People’s Republic though the validity of those documents, for the historical reason, appeared to be rather short. Ukrainian Soviet Socialist Republic acted as an independent subject of the international law up to the breakdown of the USSR. The Republic signed universal and regional multilateral treaties with the parties representing foreign states. Among the documents there were treaties that laid the foundation for the world of the international law, such as, Vienna Convention on the Law of Treaties (1969) as well as some specific legal documents including, for example, ILO Conventions - C52 Holidays with Pay Convention (1936) or C98 Right to Organize and Collective Bargaining Convention (1949).
Except for the universal multilateral treaties the Ukrainian SSR signed several bilateral agreements. It was in 1947 when the Republic, being one of the parties, signed peace treaties with Bulgaria, Italy, Romania, Hungary and Finland. There were also other bilateral treaties of intergovernmental character, such as, the Agreement between the Ministries of Transport of the Ukrainian SSR and Poland on Crossborder Bridges’ Management signed on June 30, 1965.
However, today there still prevails the viewpoint that only with the proclamation of its independence Ukraine has acquired the status of the subject of international law, while before this right was practically restricted. For more than 70 years Ukraine has signed only about 200 agreements. This number is far from being enough to meet even minimal needs of the normal functioning of the state.
Real development of the legal and treaty base of Ukraine commenced with the recognition of the country’s sovereignty status. Thus, only since December 1991 the intensification of cooperation with other countries in the sphere of legal matter started being observed.
As an independent European state Ukraine has become a full-fledged member of the international community and declared its own position in the international organizations becoming the party to the international treaties. The horizon of Ukraine’s initiatives on the international arena is becoming much wider and gains new content. The activities of the leadership of the country are aimed at safeguarding Ukrainian national interests, political independence of the state, its territorial integrity and integration of the nation’s economy into the world market.
Ukraine has become a full-fledged member of the international legal and treaty system bringing its sufficient national experience into the global system of contractual order. As a result, the country’s demonstrated its strong capacity to provide the basis for the constructive legal and treaty dialogue with other countries in the world.
The treaties signed by the Ukrainian SSR remained in force because, firstly, the Ukrainian party participated in the contractual process as an independent party without the USSR mediation role.
Secondly, because the Ukrainian Verkhovna Rada adopted the Law of Ukraine On Succession of Ukraine (September 12, 1991). The law says that Ukraine is the successor of the rights and duties under the international treaties signed by the USSR provided they meet Ukrainian national interests and don’t contradict Ukrainian Constitution provisions.
Soon, on September 17, 1992, Ukraine joined 1978 Vienna Convention on Succession of States in Respect of Treaties, thus, undertaking the commitments under the international treaties signed by the USSR that met above mentioned criteria. That means that the treaty practice of Ukraine, by the time it gained its independence, was based on a developed legal and contractual relations with the countries all over the world. Though the Law on Succession of Ukraine did not outline any mechanisms of the country’s intention to succeed the legal rights and duties under the international treaties of the former Soviet Union, crucial decision has been taken. Ukraine has become the USSR’s successor in line with other former republics of the Soviet Union that declared their right for the successor.
Developing fundamental provisions outlined in the Declaration on State Sovereignty and fixed by the Ukrainian Constitution today the country builds its foreign policy on the principles common to all mankind - protecting the rights and interests of the Ukrainian citizens their national, cultural and language needs, supporting Ukraine’s legal persons, creating conditions for maintaining contacts with Ukrainians originating from Ukraine but living abroad and providing them with the appropriate help that rests on the principles of the international law.
During rather short period of time Ukraine has worked out and adopted the set of laws that opened the way for its proper recognition in the world and built strong foundation for the future development of the legal and treaty base of the independent Ukraine. The first documents of the package were Act of Declaration of Ukraine’s Independence (August 24, 1991), Address to the Parliaments and Peoples of the World (December 5, 1991), Resolution on the Ratification of the Agreement on Establishing the Commonwealth of Independent States (December 10, 1991), Statement on the Non-Nuclear Status of Ukraine (December 24, 1991), Resolution of the Verkhovna Rada of Ukraine On the Main Directions of Ukraine’s Foreign Policy (July 2, 1993), the Law of Ukraine On Succession of Ukraine (September 12, 1992), the Law of Ukraine On the Application of the International Treaties in the Territory of Ukraine (December 10, 1991), the Law of Ukraine On Ukraine’s International Treaties (December 22, 1993), Resolution of the Verkhovna Rada of Ukraine on Accession to the Vienna Convention on the Countries’ Succession to the Treaties (September 17, 1992), etc. The legal and treaty base established by the young independent Ukrainian state filled the breach in the national legislature and pushed its further development. Today it amounts to more than 3000 bilateral and 350 multilateral agreements.
Most of the agreements were concluded with the states – strategic partners of Ukraine. There are also those signed with the countries neighboring Ukraine. A considerable number of agreements was reached with the former Socialist Republics, the countries of the Eastern Europe and developed nations of the Western and Central Europe (approximately from 15 to 40 agreements with each state). At the same time the level of cooperation with the countries of Latin America, African states and the nations of the Asian-Pacific region is much lower (min 1, maximum 10 agreements with each state). Though today, when economization has become one of the priority directions of the Ukrainian foreign policy, the situation is improving and the cooperation with the countries of the Asian-Pacific region is developing, thus, enlarging legal and treaty base of bilateral contacts with these nations.
The majority of bilateral agreements with the countries of the Asian-Pacific region lie in the spheres of trade and economy, mutual promotion and protection of investments, customs cooperation, fight with organized crime and illegal drugs trafficking, double taxation avoidance, etc.
