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THE STATEMENT

21/04/2010 14:21
THE STATEMENT
The European Party of Ukraine
Concerning the Information on Signing of the Interstate Agreement on Prolongation of the Term of Stay of the Russian Federation’s Black Sea Fleet on the Territory of Ukraine

Due to the Mass Media information, today in Kharkiv the President of Ukraine Victor Yanukovych during his meeting with the President of the Russian Federation Dmitry Medvedev has signed the interstate agreement on prolongation of term of Stay of the Russian Federation’s Black Sea Fleet on the Territory of Ukraine for 25 years with the right to prolong it further for 5 years under the consent of the parties. Considering it the European Party of Ukraine declares the doubtful maintenance of constitutionality of actions by Victor Yanukovych. 

We consider that such decision directly contradicts Article 17 of the Constitution of Ukraine where it is accurately told that the arrangement of foreign military bases is not supposed on the territory of Ukraine.

It is worth to note that article 17 of the Constitution of Ukraine refers to the first section, to make changes to which is difficult enough. According to article 156 of the Constitution of Ukraine the Draft Law of modification of section I “The General Bases” should be passed to the Verkhovna Rada of Ukraine by the President of Ukraine or by not less than two thirds of the People’s Deputies of the constitutional staff of the Parliament and, under condition of its acceptance not less than 300 voices, then should be affirmed by the All-Ukrainian referendum being appointed by the President of Ukraine. Thus any changes of these positions are impossible without the confirmation of such decision by the All-Ukrainian referendum.

At the same time, nowadays the Draft Law of respective alterations entering in article 17 of the Constitution of Ukraine has not even been mentioned not speaking of the referendum at all. And the fact that the Black Sea Fleet of the Russian Federation nowadays is based on the territory of Ukraine cannot justify signing of any agreement at all providing the term of prolongation of its stay.

At the moment of acceptance of the Constitution of Ukraine in 1996 the Agreement between Ukraine and Russia on the Black Sea Fleet of the Russian Federation stay on territory of Ukraine till 2017 had already operated. By the general legal principle of laws and other regulatory legal acts (including – and the Constitution) have no return action in time. Considering it, position of chapter 7 article 17 of the Constitution of Ukraine could not be applied to already operating interstate contract.

In this connection, to Section XV “Transitive Positions” of the Constitution of Ukraine point 14 had been specially included according to which use of existing military bases on the territory of Ukraine for temporary stay of foreign military formations is possible on a rent basis in an order defined by the international contracts of Ukraine, ratified by the Verkhovna Rada of Ukraine.

Thus, in the Constitution of Ukraine, as an exception of positions chapter 7 article 17, had been specially included the norm which provided performance of the international obligation of Ukraine operating by then. After the expiry of the term of action of the corresponding contract the chapter 7 article 17 of the Constitution of Ukraine will operate in full without any restrictions. Point 14 of Transitive positions does not provide the possibility of the conclusion of new international contracts or prolongation existing, directed on military bases usage on the territory of Ukraine for stay of foreign military formations. Such power is not given to any state structure or the official.

Under such circumstances actions of the President of Ukraine concerning signing of the similar agreement obviously are unconstitutional. Besides due to chapter 2 article102 of the Principal Law of Ukraine the President of Ukraine is the guarantor of the state sovereignty, territorial integrity of Ukraine, observance of the Constitution of Ukraine, the rights and freedom of the person and the citizen.

Leader
The European Party of Ukraine
Mykola Katerynchuk