Budapest Memorandum Ukraine, United Kingdom, Russia and the US signed 5 December 1994.The documents were installed security assurances in connection with Ukraine's accession to the Treaty on the Non-Proliferation of Nuclear Weapons.In 1996, it took accession.
main provisions
text of the Budapest Memorandum 1994 provides Ukraine's commitment to remove from their territory all nuclear weapons in a timely manner.In turn, the Russian Federation, the United States and Britain pledged:
- respect the sovereignty and independence of the existing borders of Ukraine in accordance with the Final Act of the OSCE.
- not use any weapons against the political independence and territorial integrity of Ukraine, unless for the purposes of self-defense and in other cases in accordance with the UN Charter.
- refrain from economic coercion, which aims to subordinate the implementation by Ukraine of the rights inherent in its sovereignty and its own interests at the expense of secure any advantage.
- demand from the UN Security Council for immediate action if Ukraine as a country - party to the Treaty on the Non-Proliferation of Nuclear Weapons will be subject to the threat or the victim of aggression with nuclear weapons.
- not use nuclear weapons against Ukraine, with the exception of cases of attacks on the state of the country, related memorandum, their territory and their allies.
- provide counseling, if there are disputes regarding the above obligations.
China and France
At that time, when he was signed by the Budapest Memorandum, full members of the Treaty on the Non-Proliferation of Nuclear Weapons were two nuclear powers - France and China.However, they did not sign the text of the document, as expressed by the issue of safeguards relevant statements.Their difference was that there was no item on mandatory consultation with the ambiguous situations.
Legal status
Currently, debate continues about whether the document is legally binding on the parties.As of the 2014 Budapest Memorandum has not been ratified.As Vladimir Ryabtsev, first secretary of the Ukrainian Foreign Ministry, who worked in this position in 1994-1995.and participated in the preparation of the document, when signing the question of ratification in the states that are parties, has not been.Then, in the opinion Ryabtsev, there was an understanding that the Budapest Memorandum, the text of which was adopted by the member states, is compulsory for steady performance.
Ryabtsev also expressed the view that the Russian Federation in 2003, when there was a conflict around the island Ace showed the opposite position on the importance and obligation signed the document in Hungary.Former first secretary of the Foreign Ministry of Ukraine said that in 2010 finally realized that the Budapest Memorandum 1994, the international legally binding document is not, as held in the framework of the Review Conference discussions clearly demonstrated by the fact that it is necessary to perform only need the agreement, which was ratified by the State.However, Vladimir Ryabtsev disagrees with the prevailing classifications at the moment of the Memorandum as a document that expresses the obligations of the parties, and considers it an interstate agreement, clearly fixing performance of prescribed positions.
views of other political figures
Vladimir Gorbulin, former Secretary of Security Council of Ukraine, and Alexander Litvinenko, Doctor of Political Sciences, in September 2009, expressed that Ukraine should convene an international conference, in which to prepare a newan agreement on security guarantees, which will replace the Budapest Memorandum.The conference was proposed to involve the state, guaranteed in 1994, Ukraine's security, as well as other major geopolitical players.
Crimean crisis and the Memorandum
Russian President Vladimir Putin on the background of the events in the Crimea, March 1, 2014 received permission from the Council of the Federation to use the territory of the Ukrainian state, Russia's armed forces as long as there is no normalized socio-political situation in the country.These measures were due, according to Putin, the current Ukrainian extraordinary situation that threatens the lives of our compatriots, as well as the fact that in accordance with an international treaty on the territory of the Ukrainian state personnel deployed troops Armed Forces.Officially invade nobody said, but there have been numerous cases of people capture unmarked military facilities Armed Forces of Ukraine.According to the Ukrainian authorities, it was the Russian military.
Putin's statements
Russian president initially denied that our soldiers took part in the Crimean crisis.However, after joining the Crimea to the Russian Federation, Putin confirmed that the Russian military forces supporting self-defense of the peninsula during the referendum.Such action, according to the president, have been taken to ensure conditions for the free expression of the will of the Crimean people and the preservation of a peaceful environment in the Crimea.Later, Vladimir Putin said that Russia has never concealed the fact of the use of their troops to block the military units of the Ukrainians.
Budapest Memorandum eyes of Russian authorities
Our country officially rejects all sorts of accusations of violating the agreements of 1994 and all of their applicability to the situation which occurred in the Crimea.Russian President 4 March 2014 expressed the view that since there was a revolution in Ukraine, we can assume that its territory formed a new state, and Russia in relation to him not to sign any binding documents.
The Foreign Ministry April 1 gave a statement saying that Russia has never guaranteed that will force the part of Ukraine against the will of local residents to remain in its composition, and the 1994 Budapest Memorandum on the circumstances which were the result of actions of social, economic and domestic factors,does not apply.Such factors the Russian Foreign Ministry took the events in the Crimea.
position of the Russian Federation on the substance of the matter is this: the Budapest Memorandum in his concept only has the obligation not to threaten to use nuclear weapons and not to use them against non-nuclear states, and how is Ukraine.This obligation Russia comply fully, and it is in no way impaired.
position of the Ukrainian authorities
Ukrainian side believes that the actions of Russia in the Crimea, including the entry of the peninsula to Russia, violating the 1994 Budapest Memorandum.21 March 2014 On the Verkhovna Rada adopted the Declaration on the fight for the liberation of Ukraine, and it stated that the Russian Federation has not only violated the existing laws of the sovereign Ukrainian state, but also ignored the norms of international law, which are enshrined in the UN Charter.
March 27, 2014 Andrew Deshchitsa, Acting Minister for Foreign Affairs of Ukraine, during his speech at the UN General Assembly said that the integral part of the Ukrainian state, after a two-week military occupation was forcibly annexed the country, formerly obliged to guarantee the sovereignty, independence and integrityUkraine in accordance with the Budapest memorandum.Deshchitsa asked the UN General Assembly to support the resolution of the territorial integrity of Ukraine, which have announced a referendum held in Crimea, unenforceable.
In conclusion
December 5, 2014, on the twentieth anniversary of the Budapest Memorandum, Arseniy Yatsenyuk, Prime Minister, once again called on the parties to the agreement to undertake joint decisive action to force Russia to fulfill its commitments.In turn, Sergei Lavrov, Russian Foreign Minister said that the Memorandum did not contain an obligation to recognize occurred in Ukraine, the coup d'etat.On December 6, 2014, participants of the "Crimean Initiative" announced that Ukraine had violated the provisions of this Memorandum of Budapest, since the moment of its signing by the sovereignty of this country did not apply to the Republic of Crimea, the peninsula and in general for many years was a member of the Ukrainian state illegally.
As you can see, the debate on the status of signed December 5, 1994 document do not cease to this day.We can only monitor developments.
