Questions of the legal nature of the Minsk agreements (international legal analysis)

Keywords: legal nature, Minsk agreements, agreement, consultations, international agreement, international legal act

Abstract

The importance of the Minsk agreements in resolving the conflict and the fact that they are the only agreed basis for achieving peace in eastern Ukraine has been repeatedly stated by world leaders and leaders of international intergovernmental organizations (primarily the UN, OSCE, EU, NATO, etc.). This fact determines the high importance of the processes taking place in the field of peaceful resolution of the conflict in eastern Ukraine.

The relevance of the chosen research topic is due to the fact that the process of resolving the military conflict in Ukraine in the context of establishing stable peace and security in the east, as well as returning the occupied territories of Donbass to Ukrainian control is given much attention by political leadership scientific environment and the average population. In addition, the implementation of the Minsk Agreements was discussed at various international official meetings at the highest political level with the participation of the Ukrainian side.

For Ukraine, which in the framework of the «hybrid war» faced such factors as the temporary occupation of the territory of Ukraine by the Russian Federation, issues of peace and security in the east of the state have become extremely important. As a result, legal scholars are increasingly questioning the legal nature of the Minsk agreements themselves, as well as the nature of the parties’ international rights and obligations.

The article examines the international legal aspects of clarifying the legal nature of the Minsk agreements. The parties’ different understanding of the Minsk agreements on their legal nature is analyzed, the possible legal consequences in case of non-compliance with these international legal documents are determined, and the role and place of the Minsk agreements in the process of peaceful settlement of the conflict in eastern Ukraine are clarified. Scientifically substantiated conclusions on the correct understanding and interpretation of the Minsk Agreements as a specific type of international legal documents are provided.

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Author Biographies

V. V. Markov, Kharkiv National University of Internal Affairs

Faculty No. 4 (head);
Candidate (Ph.D.) in Juridical Sciences, Senior Research Officer.

A. V. Voitsikhovskyi, Kharkiv National University of Internal Affairs

Department of constitutional and international Law;
Candidate (Ph.D.) in Juridical Sciences, Docent.

References

Kulchynskyi R.M. and Danyliuk O.V., 2019. Experts urge not to use the term “Minsk agreements”, because there are none [Eksperty zaklykaiut ne vzhyvaty termin “Minski uhody”, bo takykh ne isnue]. [online] TEXTY.ORG.UA. Available at https://texty.org.ua/fragments/97256/Jeksperty_zaklykajut_ne_vzhyvaty_termin_Minski_ugody-97256/ [Accessed 11 December 2020].

Kovalskyi V., 2019. “Steinmeier’s formula” legal side of the problem [“Formula Shtainmaiyera” yurydychnyi bik problemy]. [online] Yurydychnyi Visnyk Ukrainy. Available at https://yvu.com.ua/formula-shtajnmajyera-yurydychnyj-bik-problemy/ [Accessed 11 December 2020].

Merezhko O., 2020. Minsk agreements. Legal analysis [Minski domovlenosti. Yurydychnyi analiz]. [online] LB.ua. https://lb.ua/news/2020/05/13/457407_minski_domovlenosti_yuridichniy.html [Accessed 11 December 2020].

PACE recognizes “Minsk agreements”: should reintegration of Donbass correspond to them? [PARIe vyznaie “Minski uhody”: reintehratsiia Donbasu maie yim vidpovidaty?]. [online] Ekspertyza reform. Available at https://www.expertreform.com.ua/2018/01/25/parye-vyznaye-minski-ugody-reintegratsiya-donbasu-maye-yim-vidpovidaty/ [Accessed 11 December 2020].

Published
2020-12-14
How to Cite
Markov, V. V. and Voitsikhovskyi, A. V. (2020) “Questions of the legal nature of the Minsk agreements (international legal analysis)”, Law and Safety, 79(4), pp. 20-25. doi: 10.32631/pb.2020.4.02.
Section
NATIONAL SECURITY AND HUMAN RIGHTS