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