Resolution of the Supreme Rada of Ukraine on the Ratification of the Treaty between the Union of Soviet Socialist Republics and the United States of America on the Reduction and Limitation of Strategic offensive Arms Signed in Moscow on July 31, 1991, and the Protocol to it Signed in Lisbon on behalf of Ukraine on May 23, 1992

(Unofficial translation from Ukrainian, November 19, 1993)

 

The Supreme Rada rules the following:

On behalf of Ukraine as a successor-state of the former USSR, to ratify the Treaty between the Union of Soviet Socialist Republics and the United States of America on the Reduction and Limitation of Strategic Offensive Arms signed in Moscow on July 31, 1991, which includes the following integral parts of the Treaty:

  • Memorandum of Understanding on the Establishment of the Data Base Relating to the Treaty;
  • Protocol on Procedures Governing the Conversion or Elimination of the Items Subject to the Treaty;
  • Protocol on Inspections and Continuous Monitoring Activities Relating to the Treaty;
  • Protocol on Notifications Relating to the Treaty;
  • Protocol on ICBM and SLBM Throw-weight Relating to the Treaty;
  • Protocol on Telemetric Information Relating to the Treaty;
  • Protocol on the Joint Compliance and Inspection Commission Relating to the Treaty;
  • Agreed Statements Annex;
  • Definitions Annex;
  • Protocol to the Treaty signed in Lisbon on behalf of Ukraine on May 23, 1992 (except Article V) with the following reservations to the Treaty and the documents - its integral parts:

    1. In accordance with the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts of 1983, and in accordance with the Law of Ukraine an the Enterprises, Institutions and Organizations of Union Subordination Located on the Territory of Ukraine of September 10, 1991, and also with The Fundamental Directions of the Foreign Policy of Ukraine, all assets of Strategic and Tactical Nuclear Forces of Ukraine including their nuclear warheads are state property of Ukraine.

    2. Ukraine does not consider Article V of the Lisbon Protocol as binding for Ukraine.

    3. Having become the owner of the nuclear weapons inherited from the former USSR, Ukraine exercises administrative control over the Strategic Nuclear Forces deployed on its territory.

    4. The people of Ukraine, having suffered disastrous consequences of the Chernobyl nuclear catastrophe, realize their responsibility before the nations of the world that a nuclear war should not be unleashed from the Ukrainian soil. Hence Ukraine is undertaking appropriate measures to prevent the use of nuclear weapons deployed on its territory.

    5. Ukraine as a state which owns nuclear weapons shall move towards a non-nuclear status and gradually dismantle the nuclear weapons deployed on its territory on the conditions that it will be given guarantees of its national security under which nuclear powers shall assume obligations to never use nuclear weapons against Ukraine, never use conventional forces against it, to refrain from the threat of force, to respect the territorial integrity and inviolability of the borders of Ukraine, and to refrain from economic pressure as a means of resolving any disputes.

    6. The reduction of nuclear weapons deployed on the territory of Ukraine, with their ensuing destruction, shall be implemented pursuant to the provisions of the Treaty and Article II of the Lisbon Protocol based on the calculation that 36 percent of launchers and 42 percent of nuclear warheads shall be subject to elimination. This does not exclude the possibility o elimination of additional launchers and warheads pursuant to procedures which will be determined by Ukraine.

    7. Ukraine shall fulfil its obligations under the Treaty the terms it fixes proceeding from the legal,technical, financial, organizational and other considerations to ensure nuclear and environmental safety and security. Taking into account the current economic crisis in Ukraine, the implementation of these obligations shall be possible only if sufficient international financial and technical assistance is provided.

    8. Entry into force of the Treaty and its implementation do not create any basis for the State Parties to the Treaty to attempt to achieve unilateral advantages for their entities in the high technologies market, in science and technology exchange and in cooperation in the field of nuclear energy for peaceful purposes and in the use of missile technologies which can affect Ukraine's national security interests.

    9. In case dismantlement and elimination of nuclear warheads deployed on Ukraine's territory is performed outside its territory, Ukraine would directly control this process in order to ensure the non-use of nuclear components of these warheads for the production of new nuclear weapons.

    10. Conditions and schedule for a transfer of nuclear warheads for their dismantlement and elimination shall be determined in relevant agreement or agreements providing for the return to Ukraine of components of nuclear weapons for their use for peaceful purposes, or compensation for their value. Conditions for compensation shall also apply to the tactical nuclear weapons withdrawn from the Ukrainian territory to Russia in 1992.

    11. Proceeding from the fact that Ukraine has not negotiated the Treaty, to recommend the President and the Government of Ukraine to conduct negotiations with respective states and international organizations on the following:

        1) international guarantees for national security of Ukraine;

        2) conditions of economic, financial, scientific and technical assistance in the implementation of the commitments under the Treaty;

        3) warranty and author's supervision of nuclear warheads and missile complexes;

        4) revision of conditions for financing the inspection activity under the Treaty;

        5) possibilities of the reliably controlled use of silos for peaceful purposes;

        6) conditions of the use of weapon-grade fission materials removed from the nuclear warheads in the course of their elimination;

        7) guarantees of fair compensation for nuclear weapons components' value.

    12. To recommend the President of Ukraine to approve the schedule of elimination of Strategic Offensive Arms determined by this Resolution and ensure control over its implementation.

    13. To recommend the Cabinet of Ministers of Ukraine to open a special budget line for costs incurred by the fulfillment of obligations of Ukraine under this Treaty in drafting Ukraine's budget for 1994.

Ukraine will exchange the instruments of ratification only after the fulfillment of the conditions mentioned in paragraphs 5,6,7,9,10,11. The Supreme Rada of Ukraine expresses hope that the nuclear powers which are not Parties to the Treaty will join the efforts of Ukraine, other USSR successor-states and the USA and will begin the reduction of their nuclear arsenals. Entry into force of the Treaty and its implementation will open the way to a further resolution by the Supreme Rada of the issue of accession of Ukraine to the Non-Proliferation Treaty of July 1, 1968.

Signed by Chairman of the
Supreme Rada of Ukraine