The Constitutional Court opened proceedings on the case on the constitutionality of the Agreement between Ukraine and the Russian Federation on the presence of the Russian Black Sea Fleet on the territory of Ukraine dated April 21, 2010.
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The so-called Kharkiv agreements will be tested for constitutionality. On April 13, the corresponding decision was made by the second panel of judges on the constitutional appeal of 49 people’s deputies of Ukraine.
Recall that on April 21, 2010, the then presidents of Ukraine Yanukovych and Russia Dmitry Medvedev signed the “Kharkov agreements”, which extended the period of basing the Russian Black Sea Fleet in Ukraine.
On April 13, 2023, the Second Panel of Judges of the Second Senate opened constitutional proceedings in the case on the constitutional appeal of 49 People’s Deputies of Ukraine on the provision of an opinion on the constitutionality of the Agreement between Ukraine and the Russian Federation on the issues of the Black Sea Fleet of the Russian Federation on the territory of Ukraine dated April 21 “On the ratification of the Agreement between Ukraine and the Russian Federation on the issues of the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine” dated April 27, 2010 No. 2153-VI, the CCU said in a statement.
The subject of the right to a constitutional appeal claims that the non-compliance of the contested Agreement with “the principles of ensuring national security, the lack of a legal framework for the conclusion of an international agreement of such content, as well as the non-compliance of the said agreement with Art. 17 of the Basic Law of Ukraine” is the basis for declaring this Agreement unconstitutional.
At one of the meetings, the Grand Chamber of the Court will determine the form of constitutional proceedings in this case.
The judge-rapporteur in the case is Sergey Golovaty.
The agreement extended the stay of the Black Sea Fleet of the Russian Federation in Sevastopol from 2017 to 2042, with an automatic extension of 5 years unless any party raises an objection, and a rent is set. As noted in the agreement itself, the duration of the stay of the fleet has been increased in exchange for reducing the cost of Russian gas for Ukraine by applying a discount in the form of the cancellation of customs duties.
Ratified by the Verkhovna Rada of Ukraine and the State Duma of the Russian Federation on April 27, 2010.
In Ukraine, the agreements aroused outrage among the opposition, environmentalists, local councils and society as a whole. Most analysts regarded it as contrary to the Constitution of Ukraine.
Denounced unilaterally by the State Duma of the Russian Federation on March 31, 2014
Source: Racurs
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