Denunciation - what is it? Denunciation of the Kharkov agreements

Relations between countries are regulated through contracts. Withdrawal from obligations on them is called "denunciation". What is this and how is the procedure carried out?

International treaty

In order to understand what denunciation of a treaty is, first we will examine the notion of an international agreement. An agreement concluded between states or other subjects of international law regulated by the norms of this branch of law is called an international treaty.

It must necessarily be in writing, it can consist of one or more documents. Its essence is certain obligations that the parties undertake, or rules of behavior common to all. At the same time, officially the document can be called absolutely differently: both the convention, and the charter, and the agreement. The entry into force of the declared obligations can occur immediately after the signing of the document, or after its ratification, or after mutual procedures. All this is indicated in the text of the agreement. It also contains the conditions under which the treaty loses its legal force. For example, the expiration of its validity or the terms of denunciation of the agreement.

The concept of denunciation

The refusal of the state to assume its obligations in the course of concluding a treaty is called "denunciation". What does this mean in practice and how is it realized? First, denunciation must be provided for by the text of the agreement itself. Secondly, the violation of the conditions of its conduct may be a valid reason for the recognition of the procedure as invalid. Thirdly, unilateral withdrawal from the terms of the contract without legal grounds is not denunciation at all . What is it? Cancellation is a unilateral violation of the terms of the agreement and the cancellation of its obligations under it. The cancellation is provided for by international law only in cases when the obligations are taken by the predecessor of the state or if the other party violates the conditions. Otherwise, this act is considered unlawful.

Denunciation procedure

The very procedure for carrying out the act of denunciation must meet the norms of international law or those provisions that are spelled out directly in the agreement being rescinded. So, it can be an indication of the form and time when denunciation will be held. What does this mean in practice? Advance written notification of the partner party on the termination of the contract on the grounds prescribed in it. For example, changes in the conditions or circumstances of the implementation of articles of the agreement, the expiration of the terms. Only if these conditions are met, will denounce the international treaty. This is an absolutely legal act that does not violate the agreement, but is carried out in its execution. It should be noted that a number of international treaties have been defined, for which denunciation is not provided at all.

Article 56 of the Vienna Convention

In 1968, the Convention on the Law of Treaties was adopted in Vienna. It is interesting article 56, which examines cases of unilateral termination of the agreement, if it is not provided for in the text. This is just one principle, but it is interpreted in the broadest possible way by lawyers. So, if the contract does not specify the conditions for termination, but implied the intention of this, then one-sided denunciation is permissible. That this makes it possible to unilaterally withdraw from the treaty is understandable, but how to regard the wording about possible intentions and how to apply this principle in practice? It turns out a rather blurry criterion, which is difficult to use and justify in most cases. It gives a legal loophole for getting out of most contracts.

Denunciation of the agreement on the Russian fleet on the territory of Ukraine

In 1997, the heads of Russia and Ukraine signed an agreement that the Black Sea Fleet will be located in the Crimea, on the territory of Ukraine. During the presidency of Dmitry Medvedev in Kharkiv, bilateral agreements were also adopted to pay Ukraine for the use of naval bases and extend the stay of the Russian military in the Crimea for a quarter of a century after 2017, when the 1997 agreement will terminate.

The Ukrainian parliament repeatedly raised the issue of denouncing the agreement on this issue, but each time the decision was postponed. After the accession of Crimea to the Russian Federation, the Russian side raised the issue of termination of the agreement. The argument is to change the terms of the obligations. Since the Crimean peninsula is now part of Russia, it should not pay Ukraine for the presence of its fleet there. The Russian government sent a relevant statement to the Ukrainian side. Denunciation of this treaty is necessary for Russia, since it hopes to return eleven billion dollars in court. It is for this amount that Ukraine has received discounts on energy because of the fact that the parties planned the stay of the Russian fleet in the Crimea after 2017 for a long time. The Ukrainian side considers it illegal to denounce the above-mentioned agreements and intends to seek protection in international courts.