The Ukrainian authorities have completed the preparation of a claim to Russia on the violation by Moscow of the Treaty on friendship, partnership and cooperation between the two countries. This was announced by Ukrainian Deputy foreign Minister Vadym Prystayko. The prospects of the claim evaluated by our experts, international lawyers.
photo: Natalia Gubernatorova
According to the Ukrainian diplomat, Russia has violated paragraph of the document, implying the respect for the territorial integrity of Ukraine. “We take this article and bear in the international court of justice,” said Pristayko, without specifying, however, what kind of instance it is. Obviously, meant the international court of justice. We interviewed experts differed in assessing the actions of the Ukrainian side, but agreed that at the moment the prospects of the claim for Kiev is not too optimistic.
“Any dispute between States is doomed to a long trial – recalled associate Professor in the Department of European law of MGIMO Nikolay Topornin. – Certainly, each country will have their arguments, and even if the court will take sides, the absolute jurisdiction of the international court no. He may decide, but no mechanism – sanctions or otherwise – to make this decision binding does not exist.
Much ultimately depends on the goodwill of the state to which the claim was submitted. Very offhand think of examples where a government has lost the territory the verdict of the international court of justice, does not work. In this case, it should be a two-way compromise solution.
It is obvious that Kiev will appeal to the Budapest Memorandum, which also included the guarantee of territorial integrity of Ukraine by Russia. Objectively, setting aside any political issues, from a legal point of view, of course, the position of the Ukrainian authorities has no basis, since the Crimea was part of Ukraine, then without the consent of its authorities, became part of Russia. With the Donbass all the more harder.”
“It is in the Contract is about respect of borders existing at the present time, – said, in turn, the Vice-President of the Russian Association of international law Oleg hlestov. Those boundaries, which exists now in Ukraine, Russia respects. Crimea is legally seceded from Ukraine – it was a legitimate action and not by annexation, which implies a violent rejection.
So, the territory of Ukraine exist in defined borders, they have changed, but Russia respects them, including the border between Ukraine and Crimea. With regard to the Donbass, then all is solved in accordance with the Minsk agreements, in particular, and the Ukrainian President.
Therefore, the current application of Ukraine about the lawsuit – it is demagoguery, an attempt to interpret in their favour the rules of international law.
However, while it is not necessary to guess, what direction to take the international court of justice. Do not forget that the disputes in the international court of justice must be passed with the consent of both parties. And the current actions of Ukraine’s unilateral unlawful actions”.