The Budapest Memorandum on Security Assurances: The Ukrainian Crise, The West and One Russian Point-of-View
The crisis in Ukraine has become perhaps the most difficult challenge for the established post-Cold War world order.
terça-feira, 18 de março de 2014
Atualizado às 09:13
The crisis in Ukraine has become perhaps the most difficult challenge for the established post-Cold War world order. On March 1, 2014 the Federation Council (the upper chamber of the Russian Parliament) unanimously endorsed President Vladimir Putin after his appeal for permission to use the armed forces of Russia on Ukrainian territory "until normalization of the social-political situation in this country". This was followed by the decision of the Supreme Council of Crimea on accession to Russia and by the announcement of national referendum to legitimize the decision. Although the issues submitted on the ballot include two mutually exclusive responses - to either remain an autonomous republic within Ukraine under the terms of the previous 1992 constitution of Crimea, or to join Russia --, there was little doubt about a "pro-Russian" decision
Although a significant minority of potential voters, such as citizens of the Tatar and Ukrainian nationalities, boycotted the election, the first returns reported a 95.5% vote in favor of joining the Russian Federation.
Reactions And The Balance Of Power And Economics
The West reacted immediately to the announcement of the referendum.
The United States and the European Union announced the preparation of sanctions against Russia, threatening political and economic isolation of the country. The rhetoric of the United States and its allies in Europe is quite predictable. Therefore, the position of other major and influential players is of special importance, such as : China, Brazil and, India. Given that in the modern world two-thirds of the world's GDP is produced not in the United States and the European Union, the positions of leaders of these newly-emerged countries are more important than ever. If they are unwilling to follow the lead of the United States and the European Union, the threat of economic sanctions might not be effective.
A Russian Point-Of-View
It also is particularly important to understand the motivations and positions of the Russians. These are not being reported accurately in much of the Western news media, including in the United States.
1. The Russian Federation views the new regime in Ukraine as illegitimate due to non-compliance with constitutional procedures to remove President Viktor Yanukovych from office. This means that the "new government" came into power by a revolution (Evromaidan) or coup d'etat, which, under principles of international law, no country is required to recognize. More specifically, Russia has no obligations to the revolutionary regime under the Budapest Memorandum on Security Assurances to Ukraine.
2. Support by certain Western countries of the illegitimate power in Ukraine actually can be argued to give Russia a geopolitical advantage. It can be argued that the the Western supporters of the coup in Ukraine are motivated by foreign policy and economic interests, rather than a commitment to the principles of international law.
3. Russia has no illusions about the unpopularity or alleged misconduct of Victor Yanukovych and his entourage. That is why he could have and should have been removed from office within the prescribed constitutional procedures.
4. In the context of the apparent unlawfulness and violence in Ukraine, which resulted in an armed coup, Russia is entitled to act preventively to protect the interests of its citizens, as well as people of Russian ethnic background in Ukraine. This is a special issue with respect to Crimea, which had been an integral part of Russia until 1954, when it was transferred to the Ukrainian S.S.R., under an action that is now viewed as having violated the U.S.S.R. constitution.
5. On March 17, 1995 the then President of Ukraine Leonid Kuchma unilaterally abolished the Constitution of Crimea of 1992 and removed the elected President of Crimea Yury Meshkov. This action violated the requirement for appropriate consultations specified by the Budapest Memorandum. One of the choices in the referendum on March 16, 2014, was to restore the Crimean Constitution of 1992.
6. Most importantly, Ukrainians and Russians are very close neighbors. For, more than a thousand years, they developed a common culture and statehood. These ancient links were not destroyed after the collapse of the USSR. The relationship between the Russian and Ukrainian families - a , common language, a common culture, and cooperative ties between Russian and Ukrainian companies. remained. Finding a solution to the current crisis based on the broad common foundation that Ukrainians and Russians share, rather than intervention by the West, is a prerequisite to settling the crisis.
The issues of international law are serious ones, and both sides must be considered. The humanitarian nature of this problem also must be fully considered and political or economic interests of outsiders. There are historical issues that must be reconciled, but they should be considered in the context of the great common interests of both countries.
History is not measured by two decades; it is measured by centuries.
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Dmytri Magonya has been the Managing Partner in ART DE LEX since 2005. He graduated from the Krasnoyarsk State University and has comprehensive experience in legal advising on complex multijurisdictional transactions, mergers and acquisitions, corporate financing. Before he became head of ART DE LEX, he was the Director of Corporate Finance Department and Vice- President of ATON Group of companies. He has a great recognition in outstanding pro bono activity. Dmitry manages the competition and antitrust practice in the law firm. He is a member of the International Bar Association.
