The analysis of the international treaty of Ukraine «Memorandum on security assurances in connection with Ukraine's accession to the treaty on the non-proliferation of nuclear weapons»

Abstract

On December 5, 1994  the President of Ukraine Leonid Kuchma signed a Memorandum on Security Assurances in connection with Ukraine's accession to the Treaty on the Non-Proliferation of Nuclear Weapons. According to the text of the Memorandum the counterparties of Ukraine confirmed their obligations under other international agreements, but didn’t assume any obligation on account of the resignation of Ukraine from nuclear weapons. Thus, the means of protection of the Ukraineinterests, the methods of implementation and the ways ofUkraine interests protection were not assigned in the Memorandum. Furthermore, according to par. 8 art. 114-5 of the Constitution, which functionated in 1994, the President «conductsthe negotiations and signsthe interstate and international treaties of Ukraine, which be implemented after ratification by the Verkhovna Rada of Ukraine». Thus the memorandum should be firstly ratified by the Verkhovna Rada of Ukraine and only then it should come into effect and be implemented. The ratification of the Memorandum and the failure of the document in the ratification of the Verkhovna Rada of Ukraine and the implementation of non-ratified treaty, caused significant damage to the economy, defense capability and the territorial integrity of Ukraine.