Legal aspects of the stay in the territory of Ukraine by units of the armed forces of another stat
DOI:
https://doi.org/10.59553/2518-7546-2024-22-7Keywords:
national security, state sovereignty, independence, territorial integrity, Armed Forces of Ukraine, normative and legal regulation, Constitution of Ukraine, multinational exercises, foreign military bases, armed forces of other states, temporary stay.Abstract
The article presents the results of the study of the problem of legislative regulation of the stay of military formations of a foreign state on the territory of Ukraine as a factor that significantly affects the state of ensuring national security. The issue of the legal grounds for making a decision to grant permission for such a stay, the procedure for admitting units of the armed forces of other states to the territory of Ukraine, the conditions for the stay of units of the armed forces of other states in Ukraine, and the procedure for monitoring their activities during their stay on the territory of Ukraine were consid- ered. An analysis of separate legislative norms regulating the is- sue of foreign military presence on the territory of Ukraine was carried out, and recommendations were formulated regarding the measures that must be taken to eliminate the identified shortcomings in the formation and implementation of state policy in this area. The authors believe that the presence of the Russian Black Sea Fleet on the territory of Ukraine became one of the factors that led to the annexation of the Crimean Peninsula and gave Russia the opportunity to increase the personnel and military equipment of the armed forces during 2014-2022, as well as to create new military units and units. who were later involved in a full-scale invasion of Ukraine on February 24, 2022.
References
On the procedure for admission and conditions of stay of units of the armed forces of other states on the territory of Ukraine: Law of Ukraine dated February 22, 2000 No. 1479-III // Gazette of the Verkhovna Rada of Ukraine (VVR), 2000, No. 17, Art. 122.
On the national security of Ukraine: Law of Ukraine No. 2469-VIII // Bulletin of the Verkhovna Rada (VVR), 2018, No. 31, Art. 241.
Academic explanatory dictionary of the Ukrainian language. [Electronic resource]. – Access mode: http://sum.in.ua/s/tymchasovyj.
The President signed the law on the admission of foreign troops for multinational exercises. [Electronic resource]. – Mode of access: https:// www.radiosvoboda.org/a/news/28261648.html.
The Verkhovna Rada approved the decision of President Petro Poroshenko to admit units of other states to the territory of Ukraine to participate in multinational exercises to be held in 2018. [Electronic resource]. – Access mode: https://www.ukrinform.ua/rubric- pol it ics/238 4982-rada-shva l i la- dopusk-i nozem n i h-v ijskov i h-na- navcanna-v-ukraini.html.
Agreement between Ukraine and the Russian Federation on the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine dated April 21, 2010 [Electronic resource]. – Access mode: http://zakon4.rada.gov.ua/laws/show/643_359.
Lytvyn did not find foreign military bases in Ukraine [Electronic resource]. – Access mode: http://novosti.dn.ua/news/111020-lytvyn-ne- nashel-ynostrannykh-voennykh-baz-v-ukrayne.
Gorodyskyi I.M. Extending the term of basing the Black Sea Fleet of Russia on the territory of Ukraine: the legal aspect of the problem / I.M. Horodyskyi // Our Law. – 2011. – No. 1, Part 1. – P. 161–167.
I. M. Horodyskyi. The modern state of international relations and the problem of state responsibility / I. M. Horodyskyi // Ukrainian
statehood: history and modernity: Collection of materials of the 5th All- Ukrainian Scientific and Practical Conference of Young Scientists (November 28, 2008) / Under the editorship . ed. K.V. Balabanova. – Mariupol, 2008. – P. 261-263.
Nosov V. Military presence as an instrument of foreign policy of Russia and the United States: diss candidate political Sciences: 23.00.04 / Vladimir Nikolayevich Nosov. – Bishkek, 2010. – 173 p.
Prylipko A. The issue of admission and presence of units of foreign naval forces on the territory of Ukraine and its features during the armed conflict / A. Prylipko // Foreign trade: law and economics. -2009. – No. 6 (47). – pp. 103–107.
Steshenko V. M. Lease of territory in international public law: autoref. thesis ... candidate law Science: 12.00.11 / V. M. Steshenko; National Law Academy of Ukraine named after Yaroslav the Wise. – Kharkiv: [b. v.], 2001. – 20 p. – Ukrainian
Chornovil V. Statement of the faction of the People’s Movement of Ukraine: (About the joint subordination of Black Sea Ukraine to Russia) // Voice of Ukraine. – 1996. – January 31 – P. 6.
The Charter of the United Nations and the Charter of the International Court of Justice of June 26, 1945 [Electronic resource]. Official website of the Verkhovna Rada of Ukraine. – Access mode: http:// zakon2.rada.gov.ua/laws/show/995_010.
The Ministry of Foreign Affairs explained why the denunciation of the Kharkiv agreements is inappropriate. [Electronic resource]. – Access mode: https://www.ukrinform.ua/rubric-politics/3221360-u-mzs- poasnili-comu-denonsacia-harkivskih-ugod-e-nedocilnou.html.
Kharkiv agreements. [Electronic resource]. – Access mode: https:// uk.wikipedia.org/wiki/%D0%A5%D0%B0%D1%80%D0%BA%D1%96%D 0%B2%D1%81%D1%8C%D0 %BA%D1%96_%D1%83%D0%B3%D0%BE%D 0%B4%D0%B8#%D0%A3%D0%BC%D0%BE%D0%B2%D0%B8_%D0% A3%D0%B3%D0%BE%D0%B4%D0%B8.
Draft Law on the Denunciation of the Agreement between Ukraine and the Russian Federation on the issue of the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine. [Electronic resource]. – Access mode: https://w1.c1.rada.gov.ua/pls/zweb2/ webproc4_1?pf3511=71389.
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