Ukraine and the Commonwealth of Independent States
Saturday, November 21st, 2009
On the map:
blue – the CIS countries (Russia, Belorus, Moldova, Armenia, Azerbaijan, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan)
yellow – Ukraine (not a CIS member)
red – Georgia (not a CIS member)
green – Turkmenistan (not a CIS member)
All believe that Ukraine is a member-state of the CIS. But it is not like this. After singing the agreements on the CIS creation in 1991, Ukraine parliament has never ratified the Charter of this organization. So, in accordance with the international law, Ukraine is not a CIS member. I want to provide you with a data from the Ministry of Justice of Ukraine:
ABOUT THE STATUS OF UKRAINE IN CIS
December 8, 1991, the President of Ukraine signed an Agreement on Establishing the Commonwealth of Independent States, according to this Agreement Ukraine became one of the founding-states of the CIS. This agreement was ratified by the Parliament of Ukraine on December 10, 1991, with the restrictions.
December 20, 1991, the Parliament of Ukraine made statement on “Adoption of an agreement on Commonwealth of Independent States by Ukraine”. According to the last paragraph, this statement is an official interpretation of the aforementioned Agreement.
December 21, 1991, Ukraine signed a Protocol to the Agreement on Establishing the Commonwealth of Independent States, which is its integral part.
In these documents, which are crucial for Ukraine on its participation in the CIS, there is nothing mentioned about the associated membership in the CIS.
Moreover, there is no possibility of associated membership in the Agreement mentioned above and it’s Protocol.
January 22, 1993, by decision of the Council of the CIS the Charter of the CIS was adopted. Ukraine didn’t sign this decision.
According to the part one of Article 8 of this Charter “according to the decision of the head of states only those countries can join the CIS as it’s associated member which have intension to participate in particular ways of the organization’s activities which are defined by the Associated Membership agreement”.
The Associated membership Agreement in accordance with the Charter of the CIS Ukraine didn’t sign.
By the article 7 of the Charter is stipulated that “the founder-states of the Commonwealth are the states, which signed and ratified the Agreement on establishing the CIS and the Protocol thereto”.
The member-states of the Commonwealth are the founder-states which accepted the obligations of the CIS Charter, within one year after its adoption by the Heads of States.
Thus, Ukraine is the one of the founder-states of the Commonwealth of the Independent States, but not a member-state of the CIS, and it is concluded to be the one not signing the decision of the adoption of the CIS Charter.



