The Law of Ukraine

On International Agreements of Ukraine

Date of Entry into Force:
August 3, 2004

The Law of Ukraine “On International Agreements of Ukraine” (hereinafter refer to as “the Law”) sets the procedure for concluding, implementation and termination of international agreements of Ukraine for the proper ensuring of national interests, fulfillment of goals, tasks and principles of foreign policy of Ukraine set in the Constitution and legislation of Ukraine.

International agreements of Ukraine shall be concluded by:
- the President of Ukraine or by his order on behalf of Ukraine;
- the Cabinet of Ministers of Ukraine or by its order on behalf of the Government of Ukraine;
- the ministries and other central bodies of executive power, state bodies on behalf of the ministries, other central bodies of executive power and state bodies .

The following international agreements shall be concluded on behalf of Ukraine:
- political, peaceful territorial and those related to state borders, delimitation of exclusive (maritime) economic zone and continental shelf of Ukraine;
- related to rights, freedoms and duties of a man and a citizen;
- on Ukraine's participation in inter-state unions and other inter-state associations, systems of collective security;
- on military aid and sending units of the Armed Forces of Ukraine to other states or admission of units of foreign states' armed forces to the territory of Ukraine, conditions of their temporary stay, including terms of call off, financial economic, ecological and other consequences and compensations;
- on use of territory and natural resources of Ukraine;
- those which are granted inter-state character upon consent of parties.

On behalf of the Government of Ukraine shall be concluded international agreements of Ukraine on economic, trade, scientific technical, humanitarian and other questions under the jurisdiction of the Cabinet of Ministers of Ukraine. Interdepartmental are international agreements of Ukraine on the questions under the jurisdiction of ministries and other central bodies of executive power.

Decisions about holding negotiations and signing international agreements of Ukraine shall be adopted:
- as regards to international agreements concluded on behalf of Ukraine - by the President of Ukraine;
- as regards to international agreements concluded on behalf of the Government of Ukraine - by the Cabinet of Ministers of Ukraine;
- as regards to interdepartmental agreements - under the procedure set by the Cabinet of Ministers of Ukraine.

Authorities to holding negotiations and signing international agreements of Ukraine shall be granted:
- as regards to international agreements concluded on behalf of Ukraine - by the President of Ukraine;
- as regards to international agreements concluded on behalf of the Government of Ukraine - by the Cabinet of Ministers of Ukraine;
- as regards to interdepartmental agreements - under the procedure set by the Cabinet of Ministers of Ukraine.

Consent of Ukraine to the binding nature of international agreement may be granted by signing, ratification, approval, adoption of agreement and accession thereto. Consent of Ukraine to the binding nature of international agreement may be granted in other way as agreed by the parties.

International agreements of Ukraine shall be ratified by adoption of law on ratification which integral part is the text of international agreement. On the basis of law, signed and officially published by the President of Ukraine, the Speaker of the Verkhovna Rada of Ukraine shall sign the instrument of ratification, which shall be certified by the signature of the Minister of Foreign Affairs of Ukraine, if the agreement provides for exchange of instruments of ratification. The following international agreements of Ukraine shall be subject to ratification:
- political, territorial and those related to state borders delimitation of exclusive (maritime) economic zone and continental shelf of Ukraine, peaceful;
- related to rights, freedoms and duties of a man and a citizen;
- general economic, regarding general financial questions, grant by Ukraine of loans and economic aid to foreign states and international organizations, as well as on receipt by Ukraine of loans, which are not stipulated by the State Budget of Ukraine, from foreign states and international organizations;
- on Ukraine's participation in inter-state unions and other inter-state associations, systems of collective security;
- on military aid and sending units of the Armed Forces of Ukraine to other states or admission of units of foreign states' armed forces to the territory of Ukraine, conditions of their temporary stay in Ukraine;
- related to transfer of historical and cultural values of Ukrainian people, as well as objects of Ukraine's state property right;
- those which implementation causes change of the laws of Ukraine or adoption of new laws of Ukraine, other international agreements which ratification is stipulated by international agreement or the law of Ukraine.

During signing, ratification, approval, adoption or accession to the international agreement statements and forewarnings to its provisions may be made in compliance with norms of international law.

Subject to approval shall be international agreements of Ukraine which shall not be ratified, if such agreements provide for requirement regarding their approval or set the rules other than those contained in the decrees of the President of Ukraine or the Cabinet of Ministers of Ukraine.
Decisions about Ukraine's accession to international agreements or their adoption shall be made:
- as regards to agreements which shall be ratified - in the form of the Law of Ukraine on accession to the international agreement or the Law of Ukraine on adoption of the international agreement. An integral part of such agreements is their text;
- as regards to international agreements which are concluded on behalf of Ukraine and shall not be ratified - in the form of decree of the President of Ukraine;
- as regards to international agreements which are concluded on behalf of the Government Ukraine and shall not be ratified - in the form of resolution of the Cabinet of Ministers of Ukraine.

International agreements shall become valid for Ukraine after it gives consent to the binding nature of international agreement in compliance with this law under the procedure and in terms envisaged by agreement or in other way agreed by the parties.
Current international agreements of Ukraine shall be thoroughly observed by Ukraine according to the norms of international law. Pursuant to the principle of thorough observation of international agreements, Ukraine calls upon other parties to international agreements of Ukraine to fulfill their liabilities under these agreements.

Ministries and other central bodies of executive power, the Council of Ministers of Autonomous Republic of Crimea, other bodies of central power, which manage issues regulated by international agreements of Ukraine, shall ensure adherence to and fulfillment of liabilities under the international agreements of Ukraine, supervise over exercise of rights following from such agreements for Ukraine and fulfillment by other parties of their liabilities under the international agreements of Ukraine

The Ministry of Foreign Affairs of Ukraine shall conduct general supervision over implementation of international agreements of Ukraine, including by other parties. Upon request of bodies which apply international agreements of Ukraine the Ministry of Foreign Affairs of Ukraine shall provide information regarding the questions arising due to implementation of international agreements of Ukraine.

Current international agreements of Ukraine, the binding nature of which has been ratified by the Verkhovna Rada of Ukraine, are a part of domestic legislation and shall be applied under the procedure provided for the norms of domestic legislation. If the international agreement of Ukraine, which has come into force under the set procedure, sets the rules other than those envisaged in the respective act of Ukrainian legislation, the rules of international agreement shall apply.

Current international agreements of Ukraine shall be registered in the Secretariat of United Nations Organization upon submission of the Ministry of Foreign Affairs of Ukraine in compliance with the Statute of United Nations Organization. Current international agreements of Ukraine shall be registered in the Ministry of Foreign Affairs of Ukraine. Current international agreements of Ukraine shall be included into the Unified State Register of Normative Acts under the set procedure.

Suspension and termination of international agreement of Ukraine shall be conducted:
- as regards to the agreement approved as binding by the Verkhovna Rada of Ukraine - in the form of the law of Ukraine;
- as regards to international agreements which were concluded on behalf of Ukraine and did not require consent to their binding nature by the Verkhovna Rada of Ukraine and international agreements which were concluded on behalf of the Government of Ukraine and approved by the President of Ukraine - in the dorm of decree of the President of Ukraine;
- as regards to international agreements which were concluded on behalf of the Government Ukraine and did not require consent to their binding nature by the Verkhovna Rada of Ukraine or approval by the President of Ukraine, as well as regarding interdepartmental agreements approved by the Cabinet of Ministers of Ukraine - in the form of resolution of the Cabinet of Ministers of Ukraine.

Termination of the international agreement of Ukraine exempts Ukraine form any liability regarding implementation of agreement and does not influence the rights, liabilities or legal state of Ukraine, which arose due to implementation of the agreement until its termination. Suspension of the international agreement of Ukraine, provided the agreement does not envisage otherwise or at absence of other agreement with its other parties, exempts Ukraine from the liability to implement it during the suspension period as regards to those its parties which suspended validity of the agreement, and shall not influence as regards to the other on set by the agreement legal relations of Ukraine with other parties. In the period of suspension of international agreement Ukraine shall refrain from the actions which could obstruct renewal of the agreement.
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