Будапештский меморандум и проблема гарантий территориальной безопасности в постсоветских государствах на примере Республики Беларусь ; Budapest memorandum and the problem of guarantees of territorial security in post-soviet states on the examples of the Republic Belarus ; Budapešto memorandumas ir t...
In: http://oai.elaba.lt/documents/59782558.pdf
The subject of the master's work is the Budapest Memorandum. The purpose of the work is to consider the significance of the Budapest Memorandum, as well as the causes and consequences of its violations. The main objectives of the work: to explore the development of international relations between the Republic of Belarus, the European Union and the Russian Federation in the XX century; to determine the role of international law in resolving the political crisis in the Republic of Belarus by the example of an analysis of the Budapest memorandum; assess the prospects for the development of international law with regard to the provision of guarantees and territorial integrity to the countries-participants of potential conflicts. The methodological basis is the method of system analysis, comparative historical method, structural and functional analysis, forecasting method. All these methods allowed, on the basis of a thorough study of sources, academic literature, media, Internet sources and interviews, to study the chosen scientific problem. The presented work, combining the method of system analysis, comparative historical method, structural and functional analysis, forecasting method, is an analysis of the Budapest memorandum and an attempt to identify the causes of violation of the memorandum articles in relation to the Republic of Belarus. In the framework of this work, little-known facts were examined about the interference of the guarantor country of the Budapest memorandum of the Russian Federation in the internal affairs of the Republic of Belarus. The study may serve as another argument for creating an international negotiating platform for resolving a conflict situation. The fist document of nuclear disarmament of the Republic Belarus was State Sovereignty Declaration (the 27th of July 1990) which said that Belarus declared its intention to become a permanently neutral state in the future, which won't place military forces of other countries and refuses nuclear weapons. After signing Lisbon Protocol in 1992 Belarus arranged the membership in the Treaty of Strategic Offensive Reduction (START I Treaty), which supposed that Belarus is the follower of Soviet Union in the part of following the agreement the START I Treaty, but not in the part of nuclear weapons. On the 22 of July 1993 Belarus officially joined the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and became the first state which willingly rejected owning nuclear weapons, which was left after the collapse of the USSR. Welcoming the fact of joining of the Republic Belarus in the Treaty on the Non-Proliferation of Nuclear Weapons on the 23d of May 1992 as a non-nuclear state, the UK, Russia and the USA provided Belarus with the guaranty of safety and fixed their responsibilities in Budapest memorandum on the 5th of December 1994. According to Budapest memorandum this guaranty is the realization of Helsinki act of OSCE 1975 concerning Belarus and Ukraine. By the rejection of nuclear weapons in exchange of safety guaranty on UN principles Belarus and Ukraine have strengthened the international regime of non-spreading of nuclear weapons and Euro-Atlantic safety in general. At the same time with signing Budapest memorandum of safety guaranties of Belarus and Ukraine OSCE behavior code concerning military-political safety aspects was adopted. The analyses of Budapest memorandum text shows that this international document after its creation created for signing countries-the USA, the UK and Russia-the responsibilities of providing territorial safety and political sovereignty of Belarus and Ukraine in return of handing in the nuclear weapons to Russia by these countries, and later Belarus and Ukraine got the following guaranties for the China and France which joined later-from force threat or its usage against the territorial safety and political independence (p.2 of Budapest memorandum),from economical force, aimed at realization of sovereignty state rights for their own interests and gaining any advantages in this way(p.3 of Budapest memorandum) On the 22 of November 1996 due to Russia's interference into the internal affairs of sovereignty Belarus and agreement was made "About public-political situation and constitutional reform in Belarus" which allowed the president to hold a referendum on the 24th of November 1996 about the changing of the constitution of Belarus. Using the political interference into the internal affairs of Belarus, Russia in November 1996 broke p. 2 and p. 3 of Budapest memorandum, putting pressure on the Supreme council and the Constitutional court and putting the Belorussian economy in dependence of Russian preferences. Concerning Ukraine Russia broke p.2 of Budapest memorandum "avoid force threat or its usage against territorial safety. On these points which refer to Budapest memorandum the international policy of non-recognition of the changed status of Autonomous Republic of the Crimea and the city of Sevastopol and their annexation by Russia is based (according to the referendum in the Crimea on the 14th of March 2014.The 9th of April 2014 Parliamentary Assembly of the Council of Europe (PACE) in its resolution 1988(2014) The failure of Budapest memorandum of 1994 which had to provide safety guaranties for Ukraine and Belarus has really undermined the trust to the similar documents which don't have the legal power, which Russia and the West could offer to other countries. Signing of such guaranties by the resolution of the safety council of the UN would make them legally compulsory. At the moment between governments of Russian and Belarus are negotiating about signing the programs of profound integration within the agreement about the Union state from the 26th of January 2000, the Union state of Belarus and Russia together with the Ukrainian territory-the Republic of the Crimea and the city of Sevastopol will undermine the international regime about non-spreading of nuclear weapons and the Euro-Atlantic safety system.