Elucidation, by The Ministry of Justice Press Service, of the grounds for the Signing of the Letter to The Secretary General of NATO, Jaap de Hoop Scheffer, by the Senior Leaders of the State

Published on 25 January 2008, at 08:56

In view of the messages disseminated throughout the media on the Address by The President of Ukraine, V. Yushchenko, The Chairman of The Verkhovna Rada of Ukraine, A. Yatseniuk, and The Prime Minister of Ukraine, Yu. Tymoshenko, concerning Ukraine´s joining of the NATO Membership Action Plan (MAP), at the NATO April Summit in Bucharest, The Press Service of the Ministry of Justice notified the following:

After Ukraine gained Independence, its relations with NATO were exercised on the basis of the framework document, ‘Partnership for Peace (PfP)´, which was signed by Ukraine and came into effect on 08 February 1994.

In 1997, a Charter on a Distinctive Partnership between Ukraine and the North Atlantic Treaty Organisation was signed, defining a transitional period for the acquisition of a higher relationship level.

Drawing on the experiences of the first wave of the extension, in 1999 The North Atlantic Alliance adopted a Membership Action Plan (MAP) for other countries intending to join, and establishing the accession criteria.

The Resolution, ‘On Ukraine´s Strategy in relation to The North Atlantic Treaty Organisation (NATO)´, adopted by The National Security and Defence Council of Ukraine on 23 May 2002, and implemented by the relevant Edict of The President of Ukraine on 8 July 2002, states that ‘Ukraine views NATO as a basis for the future European Security System, and upholds its enlargement process´.

In the Resolution of The Verkhovna Rada of Ukraine No.233, ‘On Recommendations from the Parliamentary Hearings on the Ukraine/NATO relationship and its co-operation´, adopted on 21 November 2002, Parliament called for ‘upholding Ukraine´s course towards Euro-Atlantic integration, and to its final purpose which is gaining full NATO membership, and the legislative fixing of the relevant provisions´.

On 21 November 2002, at the NATO Prague Summit, ‘The Ukraine-NATO´ Action Plan was adopted, whose major purpose was defined as the co-operation of Ukraine with the Alliance, within the context of Ukraine´s advance along the path of Democratic reform of political, economic, social and other areas. On 19 June 2003, The Verkhovna Rada of Ukraine passed the Law of Ukraine, ‘On Essentials of The National Security of Ukraine´. Clause 6 of this Law lists, among other National Security priorities, ‘Integration of Ukraine into the European, Political, Economic and Legal environment, and the Euro-Atlantic Security environment. Clause 8 of the same specifies, among the major thrusts of The State National Security Policy, ‘accession to The European Union and North Atlantic Treaty Organisation'..

The Edict of The President of Ukraine No.702, ‘Ukraine´s Military Doctrine Issues´, of 2 April 2005, once again included in Ukraine' Military Doctrine the provision on its final aim accession to NATO and preparation for full NATO and EC membership.

Further developing the above, on 8 November 2007, the previous Government issued a Decree No.960-p, ‘On Approval of the Concept of the State Target Programme for Wide Awareness Campaign on the issues of Ukraine´s Euro-Atlantic Integration for the years 2008/11´.

In view of the above, the Address by The President of Ukraine, The Chairman of The Verkhovna Rada of Ukraine and The Prime Minister of Ukraine, publicly confirming and stating the official position of the State, at a political level, as to the next stage of relations with NATO, is not a legal Act and has no legally binding implications for Ukraine at the international level. Even more so, it cannot be treated as an Application for joining NATO.

The Law of Ukraine, ‘On International Agreements of Ukraine', No/1906-IV of 29 June 2004, requires ratification of all Agreements on Ukraine´s involvement in Inter-state unions and other International associations (organisations), and collective security systems, through adoption of a relevant Law having the text of the International Agreement as its integral part.

The issues of involvement of Ukraine in Inter-state unions and other International associations (organisations) and collective security systems may be put to a Ukrainian Referendum.

The formal legal grounds for signing of the said Address by The President of Ukraine, The Chairman of The Verkhovna Rada of Ukraine and The Prime Minister of Ukraine, are provisions included in Paragraph 5, Part One of Article 85; Paragraph 4, Part Two of Article 88; Paragraph 3, Part One of Article 106; Part Five of Article 114; and Paragraph 1, Part One of Article 116 of The Constitution of Ukraine, together with Paragraph 6, Part One of Clause 73 of The Standing Orders of The Verkhovna Rada of Ukraine, authorising the said persons to represent the State and its relevant bodies in International Relations.

Press Service of The Ministry of Justice of Ukraine