Foundations and principles of the foreign policy of Ukraine.

Ukraine is a sovereign European state that leads its foreign policy basing on the international law. The postulates of Ukrainian policy are equity, sovereign equality, and non-interference in the internal affairs of other countries, recognition of territorial integrity and inviolability of existing borders. 

Ukraine has determined the priorities of its foreign policy: protection of state sovereignty; territorial integrity and inviolability of state borders, prevention of interference in the internal affairs of Ukraine; ensuring the development of the economic potential of Ukraine and obtaining a high place in the international division of labor by it; protection of Ukrainian citizens abroad; creating a positive information image of Ukraine.

The Basic Principles of National Security are defined by the Law of Ukraine “On National Security Basis of Ukraine” dated June 19, 2003. In accordance with paragraph 17 of Article 92 of the Constitution of Ukraine it is the protection of vital interests of a man and citizen, society and state, according to which sustainable development of society, early detection, prevention and neutralization of real and potential threats to national interests are provided. At the same time government policy in foreign policy is aimed at creating favorable foreign political conditions for progressive economic and social development of Ukraine.

The principles, upon which Ukraine implements its foreign policy, are based on respect for the universally recognized norms and principles of international law, the UN Charter, the Helsinki Final Act, the Charter of Paris for a New Europe and other OSCE documents.

In the Fundamental Law of Ukraine (Constitution) a person is protected above all. “A person, his/her life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social values” (Art. 3) and the national interest is to protect the citizen, society and state.

The Declaration of State Sovereignty of Ukraine approved by the Verkhovna Rada of Ukraine on July 16, 1990 was the first document that defined the main directions, goals and objectives of the foreign policy of Ukraine. 

This Declaration proclaimed the inalienable right of the Ukrainian nation to economic independence, environmental safety; inviolability of the territory of the USSR (Art. V); the right to a share in union wealth: in particular, in the union gemstone and hard currency stocks and gold reserves, which are also created through the efforts of people of the Republic (Art.VI); the right to satisfaction of national and cultural needs of Ukrainians living outside the Republic (Art. VIII). 

The Declaration proclaimed Ukraine’s intention to adhere to the three non-nuclear principles: not to accept, not to produce and not to acquire nuclear weapons (Art. IX).

International legal personality of Ukraine is established by the Art. X, which enshrines the right to direct relations with other countries through the conclusion of treaties, exchange of diplomatic, consular and trade representatives, the establishment of diplomatic and other institutions. Article X recognizes the priority of universally recognized norms of international law over national law. 

The Declaration on its initial stage of development was the basis for the Constitution, laws of Ukraine and determined the position of the Republic in the conclusion of international treaties.

On August 24, 1991 the extraordinary session of the Verkhovna Rada has adopted the Act of Declaration of Independence of Ukraine. Independence and creation of an independent Ukrainian state (Ukraine) has been proclaimed on the basis of the right of peoples to self-determination stipulated by the UN Charter and other international legal documents.

The foundations of the foreign policy of the state are defined in “Basic Directions of Ukraine’s Foreign Policy” approved by the Verkhovna Rada of Ukraine on July 2, 1993. They identified the interests of Ukraine on the international arena and its foreign policy objectives, the principles of its foreign policy concept.

The main directions of the foreign policy of Ukraine have been listed: the development of bilateral relations with neighboring countries; development of relations with Western European countries and with the European international structures. The problems of relations with the CIS countries are considered in a separate part.

In the government documents of Ukraine European integration and NATO directions are crucial, and an orientation to promotion in European institutes is considered as a priority.

Foreign policy objectives are:

• updating foreign policy and security policy of Ukraine according to modern threats and challenges;

• reforming state bodies in the national security and defense area, which would correspond to the European orientation of Ukraine;

• establishment of Ukraine as a contributor to regional stability and security, including enhancing international cooperation on conflict settlement and peacekeeping;

• responsibility for peace and security of the European region.

Regional cooperation is considered within the Organization for Security and Cooperation in Europe (OSCE), participation in the EU program “Eastern Partnership”, the North Atlantic Cooperation Council and the North Atlantic Assembly of NATO, the Council of Europe (CoE) and other European organizations.

The European direction is a priority of Ukraine’s foreign policy, the implementation of which is to ensure national security. The Decree of the President of Ukraine dated June 11, 1998 approved the Strategy of integration of Ukraine into the European Union. The document defines the basic directions of cooperation of Ukraine with the EU.

The Fundamental Law stipulates the main parameters of a sovereign, independent, democratic Ukraine, whose territory is indivisible and inviolable, the validity of international treaties of Ukraine, single citizenship and statehood of the Ukrainian language.

The legal basis of the international relations of Ukraine is based on many documents of different semantic load, but, unfortunately, not all of them are being executed. 

The leading provision of the international law is that treaties shall comply with: Pacta sunt servanda (although there are cases of non-compliance with the treaties in international practice).

Ensuring implementation of treaties and control over this process are assigned to the various international commissions that exist within international structures and organizations (in the UN, OSCE, Council of Europe etc.), which may protect the interests of the subject of internat.

Chekalenko Liudmyla.

UKRAINE