Ukraine

Declaration:

“Ukraine, in accordance with Article 25 paragraph 2 of the Convention, recognizes both of the means of dispute settlement, specified in this paragraph, as compulsory in relation to any Party accepting the same obligation.”

Declaration:

Ukraine states that for the period of temporary occupation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation and until complete restoration of the constitutional order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, the application and/or implementation by Ukraine of the obligations under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Declaration:

"In accordance with the Article 23 of the Agreement Ukraine declares that in the territory of the Ukraine citizens of Ukraine and other persons who permanently reside in Ukraine enjoy only those privileges and immunities which are determined in this Article."

Reservations and declarations:

to the paragraph 6 of Article 13:
The Convention shall be applied only subject to the observation of the constitutional principles and fundamental basis of the legal system of Ukraine;
to the paragraph b of Article 2:
The term "serious crime" corresponds to the terms "grave crime"and "especially grave crime"in the Ukrainian criminal law. Grave crime means the crime for which the law provides such type of punishment as imprisonment for at least five years and not exceeding ten years (paragraph 4 of Article 12 of the Criminal Code of Ukraine), and especially grave crime means crime for which the law provides such type of punishment as imprisonment for more than ten years or life imprisonment (paragraph 5 of Article 12 of the Criminal Code of Ukraine).

Reservation:

“… subject to the reservation that Ukraine does not consider itself bound by Article 15 of the Agreement with reference to paragraph 1 of Article 16 of the Agreement.”

Declaration:

Ukraine confirms its obligations taken under Article 38 of the Convention on the Rights of the Child in case of the armed conflicts which concern children and, referring to paragraph 2 of Article 3 of the Optional Protocol, declares hereby that the minimum age for the voluntary (on a contractual basis) joining into its national armed forces is 19 years.
Ukraine, in accordance with the provisions of its national legislation, guarantees its adherence to the exclusive principle of voluntarism in the process of recruitment of citizens into its armed forces on a contractual basis, without any manifestation of violence and enforcement.

Declarations:

To subparagraph (a) of paragraph 1 of Article 87: “Ukraine declares that requests by the International Criminal Court for cooperation may be transmitted either through diplomatic channels or directly to the Office of the Prosecutor General (for investigations and prosecutions) or to the Ministry of Justice of Ukraine (for the execution of sentences and other decisions of the International Criminal Court rendered upon the case’s review).”
To paragraph 2 of Article 87: “Ukraine declares that requests by the International Criminal Court for cooperation and any supporting documents must be sent in the Ukrainian language or supported by a translation into the Ukrainian language.”
To Article 124, “Ukraine declares that for a period of seven years after the entry into force of the Rome Statute for Ukraine, it will not accept the jurisdiction of the International Criminal Court regarding crimes referred to in Article 8 (as amended), when it is likely that the crime was committed by its nationals.”

Reservation:

The provisions of article 19, paragraph 2, do not preclude Ukraine from exercising its jurisdiction over the members of military forces of a state and their prosecution, should their actions be illegal. The Convention will be applied to the extent that such activities are not governed by other rules of international law.

[See chapter XXI.6.]

Declaration:

“Ukraine undertakes, in accordance with paragraph 2 of Article 21 of the Convention, both methods of dispute settlement as mandatory for any party that undertakes the same obligation”.

Reservation made upon signature and confirmed upon acceptance:

[Same reservation , mutatis mutandis, as that made by Belarus.]

Upon signature:

1. The Ukrainian Soviet Socialist Republic declares that, in accordance with article 287 of the United Nations Convention on the Law of the Sea, it chooses as the principal means for the settlement of disputes concerning the interpretation or application of this Convention an arbitral tribunal constituted in accordance with Annex VII. For the consideration of questions relating to fisheries, protection and preservation of the marine environment, marine scientific research and navigation, including pollution from vessels and by dumping, the Ukrainian SSR chooses a special arbitral tribunal constituted in accordance with Annex VIII. The Ukrainian SSR recognizes the competence, as stipulated in article 292, of the International Tribunal for the Law of the Sea in respect of questions relating to the prompt release of detained vessels or their crews.
2. The Ukrainian Soviet Socialist Republic declares, in ac- cordance with article 298 of the Convention, that it does not ac- cept compulsory procedures, involving binding decisions, for the consideration of disputes relating to sea boundary delimitations, disputes concerning military activities and disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.
Upon ratification:

1. Ukraine declares that, in accordance with article 287 of the United Nations Convention on the Law of the Sea of 1982, it chooses as the principal means for the settlement of disputes concerning the interpretation or application of this Convention an arbitral tribunal constituted in accordance with Annex VII. For the consideration of disputes concerning the interpretation or application of the Convention in respect of questions relating to fisheries, protection and preservation of the marine environment, marine scientific research and navigation, including pollution from vessels and by dumping, Ukraine chooses a special arbitral tribunal constituted in accordance with Annex VIII.
Ukraine recognises the competence, as stipulated in article 292 of the Convention, of the International Tribunal for the Law of the Sea in respect of questions relating to the prompt release of detained vessels or their crews.
2. Ukraine declares, in accordance with article 298 of the Convention, that it does not accept, unless otherwise provided by specific international treaties of Ukraine with relevant States, the compulsory procedures entailing binding decisions for the consideration of disputes relating to sea boundary delimitations, disputes involving historic bays or titles, and disputes concerning military activities.
3. Ukraine declares, taking into account articles 309 and 310 of the Convention, that it objects to any statements or declarations, irrespective of when such statements or declarations were or may be made, that may result in a failure to interpret the provisions of the Convention in good faith, or are contrary to the ordinary meaning of terms in the context of the Convention or its object and purpose.
4. As a geographically disadvantaged country bordering a sea poor in living resources, Ukraine reaffirms the necessity to develop international cooperation for the exploitation of the living resources of economic zones, on the basis of just and equitable agreements that should ensure the access to fishing resources in the economic zones of other regions and sub-regions.

Declaration:

[ Same declaration, mutatis mutandis, as the one made by Belarus. ]

[ Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus. ]

Declarations:

The Ukrainian SSR supports the purposes and principles of UNIDO's activities, as stated in the UNIDO Constitution, and believes that their implementation requires a fundamental restructuring of the existing unjust international economic rela- tions, the establishment of a new international economic order on an equitable and democratic basis, the conduct of progressive social and economic reforms, the strengthening of the State sector of the economy and the carrying out of national plans and programmes for economic and social development.
UNIDO'S activities aimed at promoting industrial develop- ment in the developing countries and at those countries' attain- ment of economic independence must be based on the progress- ive provisions and principles of the Charter of Economic Rights and Duties of States, the Declaration on the Establishment of a New International Economic Order, and the Lima and New Delhi Declarations on international industrial development co-operation.
To these ends, UNIDO must actively and firmly oppose the attempts of imperialist forces to interfere in the internal affairs of States and must combat acts of economic aggression, diktat and blackmail. UNIDO should work against the policies of those States and economic circles which are endeavouring not only to continue but even to expand the neo-colonialist plundering of the developing countries. In this connection, UNIDO should take active steps to establish effective control over the activities of transnational corporations with a view to restricting their negative influence on the economic development of the developing countries and on international economic relations in general.
The Ukrainian SSR attaches primary importance to the need for implementing the provisions of the UNIDO Constitution which declare the determination of member countries to promote international peace and security and the prosperity of all peoples.
It is firmly convinced that a cessation of the arms race and a transition to real disarmament measures would make possible the release of significant additional resources to meet the needs of social and economic development, including the industrialization of the developing countries.
The Ukrainian SSR emphasizes that it is essential to comply strictly, in the practical activities of UNIDO, with the provisions of its Constitution concerning the purposes for which the regular and operational budgets of the Organization may be utilized. UNIDO should take steps to prevent the expenditure of resources on programmes and projects, including "advisory services", that could be used for the penetration of foreign private capital into the economies of the developing countries. Fixing the levels of the regular budget on a stable basis will enable the Organization to make sure that the budget is more effectively and rationally used.
With regard to the expenditure of UNIDO regular budget resources for technical assistance, the Ukrainian SSR's position of principle has been stated in the joint declaration issued by the delegations of the socialist countries on 7 April 1979 at the United Nations Conference on the Establishment of UNIDO as a Specialized Agency. In connection with the provision in annex II of the UNIDO Constitution that 6 per cent of the regular budget of the Organization should be allocated to technical assistance, the Ukrainian SSR declares that the corresponding portion of its convertible currency contribution to the UNIDO budget will be credited to a separate account at the Foreign Trade Bank of the USSR. The Ukrainian SSR will make use of that portion of its contribution to participate in the provision through UNIDO of technical assistance to interested countries.
The Ukrainian SSR advocates keeping the new Organiz- ation's activities universal in character in the interests of all its member countries. The realization of this very important principle would help to ensure the full implementaon of General Assembly resolution 39/231 of 18 December 1984, which confirms the agreement on the conditions for the establishment of UNIDO as a specialized agency, including the agreement on the equitable geographical distribution of posts and, in particular, the allocation of one of the posts of Deputy Director-General to the socialist countries.
The Ukrainian SSR wishes to express its conviction that the considerations with regard to the activities of the new Organiz- ation put forward in this statement and expressed in the course of the consultations on the establishment of UNIDO as a specialized agency will be duly taken into account and reflected in UNIDO's practical activities.

The Ukrainian Soviet Socialist Republic does not consider itself bound by article 13 of the European Agreement on Main International Traffic Arteries of 15 November 1975 and states, that, for the submission to arbitration of any dispute among the Contracting Parties concerning the interpretation or application of the European Agreement, the agreement of all the Parties in dispute shall be required in each individual case, and the arbitrators shall only be persons appointed by general agreement between the Parties in dispute.

In ratifying the Vienna Convention on the Representation of States in their relations with international organizations of a universal character of 1975, the Ukrainian Soviet Socialist Republic is constrained to declare that the principle of total inviolability of working premises of delegations at international conferences is a rule of customary international law to which all States must adhere.

Reservation made upon signature and confirmed upon ratification:

The Ukrainian Soviet Socialist Republic does not consider it self bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

[ Same declaration as the one reproduced under Belarus. ]

Upon signature and confirmed upon ratification:

The Government of the Ukrainian Soviet Socialist Republic considers that the provisions of article 18 of the Customs Convention on Containers, 1972, which bar certain States from participation in it, are contrary to the universally recognized principle of the sovereign equality of States.
As to the provisions of article 25 regarding the settlement by arbitration of disputes concerning the interpretation and application of the Convention, the Government of the Ukrainian SSR declares that the adoption of this provision should not be interpreted as changing the view of the Government of the Ukrainian SSR that a dispute may be referred to an arbitration tribunal for consideration only with the consent of all parties to the dispute in each individual case.

Declaration and reservation:

[ For the text see the declaration and reservation made in respect of the European Agreement supplementing the Convention on Road Traffic concluded at Geneva on 1 May 1971 (chapter XI.B-23). ]

The Ukrainian Soviet Socialist Republic considers it necessary to state that the provisions of article 3 of the European Agreement supplementing the Vienna Convention on Road Traffic of 1968 and of article 3 of the European Agreement supplementing the Vienna Convention on Road Signs and Signals of 1968, under which States may extend the applicability of the Agreements to territories for the international relations of which they are responsible, are anachronistic and contrary to the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (General Assembly resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.
The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of article 9 of the European Agreement supplementing the Vienna Convention on Road Traffic of 1968 or of article 9 of the European Agreement supplementing the Vienna Convention on Road Signs and Signals of 1968, under which disputes relating to the interpretation or application of the Agreements shall be referred to arbitration if any of the Parties in dispute so requests.

Reservations made upon signature and confirmed upon ratifica tion:

The Ukrainian Soviet Socialist Republic will not consider itself bound by the provisions of article 19, paragraphs 1 and 2, of the Convention on Psychotropic Substances of 1971 as applied to States not entitled to become Parties to the Convention on the basis of the procedure provided for in article 25 of that Convention.
The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of article 31 of the Convention concerning the referral to the International Court of Justice of a dispute relating to the interpretation or application of the Convention at the request of any one of the Parties to the dispute and declares that the referral of any such dispute to the International Court of Justice shall in each case require the consent of all Parties to the dispute.
Declarations made upon signature and confirmed upon ratification:

The Ukrainian Soviet Socialist Republic states that the provisions of article 25 of the Convention on Psychotropic Substances, under the terms of which a number of States are not entitled to become Parties to the said Convention, are of a discriminatory nature and considers that in accordance with the principle of the sovereign equality of States the Convention should be open for participation by all interested States without any discrimination or restriction.
The Ukrainian Soviet Socialist Republic deems it essential to state that the provisions of article 27 of the Convention are at variance with the Declaration on the Granting of Independence to Colonial Countries and Peoples of the United Nations General Assembly (resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of "bringing to a speedy and unconditional end colonialism in all its forms and manifestations".

[ Same reservations and declaration, identical in essence , mutatis mutandis, as the one made by the Union of Soviet Socialist Republics .]

The Ukrainian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States.

Reservation and declarations made upon signature and confirmed upon ratification:
[Same reservation and declarations, mutatis mutandis, as those reproduced under "Belarus".]

Reservation and declarations made upon signature and confirmed upon ratification:
[Same reservation and declarations, mutatis mutandis, as those reproduced under "Belarus".]

Declaration made upon signature and confirmed upon ratification:

The Ukrainian Soviet Socialist Republic declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights and of paragraph 1 of article 48 of the International Covenant on Civil and Political Rights, under which a number of States cannot become parties to these Covenants, are of a discriminatory nature and considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States concerned without any discrimination or limitation.

Declaration made upon signature and confirmed upon ratification:

The Ukrainian Soviet Socialist Republic declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights and of paragraph 1 of article 48 of the International Covenant on Civil and Political Rights, under which a number of States cannot become parties to these Covenants, are of a discriminatory nature and considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States concerned without any discrimination or limitation.

The Ukrainian Soviet Socialist Republic states that the provision in article 17, paragraph 1, of the Convention on the Elimination of All Forms of Racial Discrimination whereby a number of States are deprived of the opportunity to become Parties to the Convention is of a discriminatory nature, and hold that, in accordance with the principle of the sovereign equality of States, the Convention should be open to participation by all interested States without discrimination or restriction of any kind.

Declaration and reservation made upon signature and confirmed upon ratification:

The Ukrainian Soviet Socialist Republic considers it necessary to draw attention to the discriminatory nature of articles 17, 19, 22 and 23 of the Convention, under which a number of States are deprived of the opportunity to become Parties to the Convention. The Convention deals with matters that affect the interests of all States, and it should therefore be open for participation by all States. According to the principle of sovereign equality, no States have the right to exclude other States from participation in a Convention of this type.
The Government of the Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of article 16 of the Convention on Transit Trade of Land-locked States, under which members of the arbitration commission may be appointed by the President of the International Court of Justice, and declares that, in each individual case, the consent of the contending States is necessary for the appointment of members of the arbitration commission by the President of the International Court of Justice.

Reservation concerning article 11, paragraph 1:
In accordance with the principle of the equality of rights of States, the Ukrainian Soviet Socialist Republic considers that any difference of opinion regarding the size of a diplomatic mission should be settled by agreement between the sending State and the receiving State.
Declaration concerning articles 48 and 50:
The Ukrainian Soviet Socialist Republic considers it necess- ary to draw attention to the discriminatory nature of articles 48 and 50 of the Convention, under the terms of which a number of States are precluded from acceding to the Convention. The Con- vention deals with matters which affect the interests of all States and should therefore be open for accession by all States. In accordance with the principle of sovereign equality, no State has the right to bar other States from accession to a Convention of this nature.
28 July 1972

The reservation made by the Government of Bahrain to the above-mentioned Convention is contrary to the principle of the inviolability of the diplomatic bag, which is generally recognized in international practice, and is therefore unacceptable to the Ukrainian Soviet Socialist Republic.
24 October 1977

"The Government of the Ukrainian Soviet Socialist Republic does not recognize as valid the reservation to article 37, paragraphs 2, 3 and 4, of the Vienna Convention on Diplomatic Relations made by the People's Republic of China."
20 October 1986

[Same objection, mutatis mutandis,as the one made by the Russian Federation on 6 October1986.]

The Government of the Ukrainian Soviet Socialist Republic will not consider itself bound by the provisions of article 12, paragraphs 2 and 3; article 13, paragraph 2; article 14, paragraphs 1 and 2; and article 31, paragraph 1 (b) of the Single Convention on Narcotic Drugs as applied to States not entitled to become Parties to the Single Convention on the basis of the procedure provided for in article 40 of that Convention.
The Ukrainian Soviet Socialist Republic deems it essential to draw attention to the discriminatory character of article 40, paragraph 1, of the Single Convention on Narcotic Drugs, under the terms of which certain States are not entitled to become Parties to the said Convention. The Single Convention concerns matters which are of interest to all States and has as its objective the enlistment of the efforts of all countries in the struggle against the social evil of the abuse of narcotics. The Convention should therefore be open to all countries. According to the principle of the sovereign equality of States, no States have the right to deny to other countries the possibility of participating in a Convention of this type.

The Ukrainian Soviet Socialist Republic will apply the pro-visions of this Convention in respect of arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

Article 9: The Government of the Ukrainian Soviet Socialist Republic considers that the principle of international law according to which a ship on the high seas is not subject to any jurisdiction except that of the flag State applies without restriction to all government ships.
Declaration:

The Government of the Ukrainian Soviet Socialist Republic considers that the definition of piracy given in the Convention does not cover certain acts which under contemporary international law should be considered as acts of piracy and does not serve to ensure freedom of navigation on international sea routes.

Article 20 : The Government of the Ukrainian Soviet Socialist Republic considers that government ships in foreign territorial waters have immunity and that the measures mentioned in this article may therefore be applied to them only with the consent of the flag State.
Article 23 (Sub-Section D. Rule applicable to warships) : The Government of the Ukrainian Soviet Socialist Republic considers that the coastal State has the right to establish procedures for the authorization of the passage of foreign warships through its territorial waters.

Declaration:

“Ukraine reserves its right to submit the list of Regulations which will be applied on the territory of Ukraine as soon as it will be adopted on the national level.”

Reservation:

"Pursuant to paragraph 1 of Article 48 of the Convention Ukraine does not consider itself bound by the provisions of Article 47 of the Convention."

As regards article VII:
[ Same declaration as the one reproduced under "Albania" .]

Declaration:

In the Ukrainian Soviet Socialist Republic the social condi- tions which give rise to the offences covered by the Convention have been eliminated. Nevertheless, in view of the international importance of suppressing these offences, the Government of the Ukrainian Soviet Socialist Republic has decided to accede to the Convention for the Suppression of the Traffic in Persons and of Exploitation of the Prostitution of Others adopted on 2 December 1949 at the fourth session of the United Nations General Assembly.

The Ukrainian SSR declares that it is not in agreement with article XII of the Convention and considers that all the provisions of the Convention should extend to Non-Self-Governing Territories, including Trust Territories.

Upon signature:

[The Government of Ukraine] signs [the said Protocol] on the conditions set out in paragraph 2 ( b ) of article 2 of the Protocol.
In so doing the Government of Ukraine stipulates that the following designated tropospheric ozone management areas (TOMAs) situated in Ukraine should be included in Annex I to the Protocol:
TOMA No. 1: the Poltavian, Dnepropetrovsk, Zaporozhian, Donetsk, Lugantsk, Nikolaivian, Khersonian regions (194.3 thousand square kilometres);
TOMA No. 2: Lvovian, Ternopol, Ivano-Frankovsk, Zakarpatian regions (62.3 thousand square kilometres).