Ukraine–Commonwealth of Independent States relations

1990s

On 7–8 December 1991, the chairman of the Supreme Council of Belarus Stanislaŭ Šuškievič, the President of the Russian Federation Boris Yeltsin and the President of Ukraine Leonid Kravchuk met on the territory of the Republic of Belarus, in the Biełaviežskaja Pušča near Brest. The result of this summit was the official confirmation of the dissolution of the Soviet Union and an agreement (the Belovezh Accords) on the formation of the Commonwealth of Independent States (CIS). On 21 December 1991, at a meeting in Almaty, the leaders of Ukraine, Russia, Belarus, Azerbaijan, Armenia, Moldova, Kazakhstan, Kyrgyzstan, Turkmenistan, Uzbekistan, and Tajikistan signed the Alma-Ata Protocol on the formation of the CIS.^[1]

Ukraine developed cooperation with the CIS states on the basis of the agreement and protocol, subject to reservations expressed by the Verkhovna Rada (parliament of Ukraine) "concerning Ukraine's conclusion of the Agreement", expressed in a 20 December 1991 statement^[14] which provided its official interpretation of and reservations toward the agreement:^[1]

1. According to its legal status, Ukraine is and remains an independent state – a subject of international law.
2. Ukraine denies the transformation of the CIS into a state entity with its own authorities and administration.
3. Ukraine denies granting the CIS the status of a subject of international law.
4. Coordinating institutes within the framework of the commonwealth cannot have an authoritative character, their decisions are advisory.
5. Carrying out foreign policy independently, Ukraine will enter into consultations with other states of the commonwealth.
6. The border between Ukraine on the one hand and Russia and Belarus on the other is the state border of Ukraine, which is inviolable.
7. Ukraine will create its own armed forces based on that of the former USSR located on its territory.
8. Ukraine will strive to acquire the status of a nuclear-free state by destroying all nuclear arsenals under effective international control and, based on the Declaration on State Sovereignty of Ukraine, will not join military blocs.
9. The presence of strategic armed forces on the territory of Ukraine is temporary. Their legal status and term of stay on the territory of Ukraine should be determined by the law of Ukraine and a special intergovernmental agreement concluded between the states on the territory of which the nuclear weapons of the former USSR are located.
10. Ukraine will create its own open economic system by introducing its own currency, creating its own banking and customs systems, developing its own transport and communication systems, as well as participating in regional and interregional markets.
11. Disputes regarding the interpretation and application of the provisions of the agreement will be resolved by Ukraine through negotiations on the basis of international law.
12. Ukraine reserves the right not only to suspend, but also to terminate its participation in the agreement or its individual articles.
13. Ukraine guarantees the fulfillment of international obligations arising for it from the treaties of the former USSR, in accordance with its national legislation.

CIS member states closely cooperate in the field of international legal assistance and cooperation. In particular, on 22 January 1993, the heads of the CIS member states, including Ukraine, signed the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, and on 29 March 1997, the protocol to it.^[1]

After the collapse of the USSR, a number of environmental problems escalated from domestic to international in nature and required the coordination of efforts by the newly independent states. In this regard, the CIS states concluded a number of international agreements on the implementation of joint environmental protection measures, and the provision of mutual assistance in responding to environmental disasters and other emergency situations.^[1] Among the agreements Ukraine signed were the Agreement on Cooperation in the Field of Ecology and Environmental Protection (1992), the agreement on cooperation in the field of conservation and use of genetic resources of cultivated plants (1999), and the agreement on cooperation in the field of training specialists in radioecology, radiation safety, radiobiology and related sciences (2000).^[1]

Ukraine prioritized economic cooperation within the CIS. The basic documents on economic issues within the Commonwealth are the Agreement on the Establishment of the Economic Union (1993) and the Agreement on the Creation of a Free Trade Zone (1999). Ukraine did not sign the former of these, which has the aim of integrating the economies of members and creating a single customs and currency area. However, with the consent of the members, Ukraine became an associate member to the Economic Union on 15 April 1994, assuming only part of the treaty's obligations.^[1]

2000s

Jubilee coin of the National Bank of Ukraine, dedicated to the 20th anniversary of the CIS

On 7 October 2002, Ukraine signed a new version of the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters at a meeting of the Council of Heads of State of the CIS.^[1]

Ukraine proposed specific priority tasks to develop in 2003 for economic cooperation between CIS member states:^[1]

• complete the legal registration of the free trade zone and organize its regulatory and legal framework;
• start using the basic norms and rules of free trade, analyze the application of norms regarding the free trade zone in the legislation of the participating states;
• carry out constant monitoring of processes;
• complete the development of agreements that regulate trade in services, provision of trade subsidies, transport infrastructure in international transport corridors, as well as concepts of transport policy and cooperation in the currency sphere.

That year, the chairmanship of the Council of Heads of State of the CIS was carried out by President of Ukraine Leonid Kuchma.^[1]

Early 2010s

On 8 April 2013, First Deputy Prime Minister of Ukraine Serhii Arbuzov was appointed the National Coordinator of Ukraine for cooperation within the CIS, as well as the representative of Ukraine in the Economic Council of the CIS.

The Council of Heads of State of the CIS appointed Ukraine to preside over the CIS in 2014. Ukraine set priorities for the CIS for that year in foreign policy, economic, humanitarian, scientific, technical, transportation, energy, and security, based on the principles of equality, partnership and good-neighbour relations between CIS member states.^[1]

Early Russo-Ukrainian War

Ukraine called an extraordinary meeting of the Council of Ministers of Foreign Affairs of the CIS, to be held in Kyiv on 7 March 2014, for the purpose of adopting a statement on the situation in parts of Ukraine, including the Autonomous Republic of Crimea (ARC). This was prompted by escalating Russian aggression, including threats to violate the territorial integrity of Ukraine, the use of Russian Armed Forces in the ARC, the announcement of an illegal referendum on the independence of Crimea and other illegal actions. However, the Commonwealth of Independent States, unlike other international organizations (United Nations, European Union, Council of Europe, Organization for Security and Co-operation in Europe), avoided making responsible political decisions regarding the basic principles of the Commonwealth's existence. As such, on 13 March, Ukraine announced its termination of the CIS presidency and the following month reduced its cooperation in the CIS to a minimum. Ukraine withdrew from a number of multilateral agreements within the framework of the CIS and ceased membership in many bodies of industry cooperation.^[15]

As of 2019, Ukraine had minimized its participation in the Commonwealth to the critically necessary minimum. A review of the 236 CIS agreements Ukraine had joined was ongoing, with the aim of denouncing them.^[16] Ukraine was invited to attend in a meeting of the Council of Heads of State of the CIS in October 2019, but did not respond to the invitation.^[17]

In the following years, Ukraine ceased participation in CIS agreements on veterinary medicine, sanitation of territories, plant quarantines,^[18] and the use of common airspace.^[19] In 2022, the Verkhovna Rada supported the termination of participation in the CIS anti-terrorist center and agreements on tariffs and country of origin.^[20]

After the Russian invasion of Ukraine

The Russian invasion of Ukraine resulted in Russia–Ukraine relations becoming completely broken.^[7][8][9] Belarusian involvement as an ally of the Russian Federation caused Belarus–Ukraine relations to extremely deteriorate. Moreover, Ukraine began intensive denunciation of various agreements with the CIS due to European integration and the process of accession of Ukraine to the European Union.^{[10][11][12][13]}

On 22 May 2022, the Verkhovna Rada adopted four draft laws on the denunciation of agreements with the CIS: on agreements on the common agricultural market, on avoiding double taxation, on countering illegal migration, and on perpetuating the memory of the courage and heroism of the peoples of the CIS in the Great Patriotic War.^[21]

In June, Ukraine withdrew from CIS agreements on establishing mechanisms to settle economic disputes,^[22] use of cellular mobile communications, animal protection, intergovernmental field service communication protocols, support and development of small businesses, and on scientific and technical cooperation.^[23] In July 2022, Ukraine adopted a law on withdrawal from the CIS agreement on cooperation in customs matters.^[24][25]

Ukraine did not sign the CIS Charter, which was adopted by CIS member states on 22 January 1993.^[2] The first part of Article 8 of this charter allows for a state to join the CIS as an associate member, participating in certain types of activities, on the unanimous approval of the Council of Heads of State. Ukraine did not sign the charter, so is not bound by its articles, while the Belovezh Accords and Alma-Ata Protocol which Ukraine did sign make no mention of associate membership.^[2]

Article 7 of the Charter defines founding states of the CIS as "the states that signed and ratified the Agreement on the Establishment of the CIS and the Protocol thereto" and member states as "those founding states that undertake obligations under the CIS Charter within one year after its adoption by the Council of Heads of State." Ukraine is thus a CIS founding state but not a member state.^[2]

Ukraine ceased its participation in the statutory bodies of the CIS in 2018 due to the protracted Russo-Ukrainian War,^[4][5][6] although it remains a member of the Commonwealth of Independent States Free Trade Area.

Exit of Ukraine from the CIS

To fully terminate its relationship with the CIS, Ukraine would need to legally withdraw from the Creation Agreement, which it has not done.

The question of Ukraine's membership in the CIS was first raised after Viktor Yushchenko's victory in the 2004 presidential election. In 2005, the Minister of Foreign Affairs of Ukraine Borys Tarasyuk noted that Ukraine's participation in the CIS is symbolic, and the very existence of the organization and its further development is very problematic. A similar point of view was expressed by the representatives of the Georgian, Moldovan and Azerbaijani governments. In July 2007, at a press conference, Yushchenko regarded the prospects of the CIS as a whole as pessimistic.^[26]

Another reason was the beginning of Russo-Ukrainian War in the Donbas. On 14 March 2014, a bill was introduced to Ukraine's parliament to denounce their ratification of the CIS Creation Agreement, but it did not go through all the necessary committee review procedures and did not proceed to a vote.^{[27][28][29][30]} Bills were also introduced later that year to suspend application of the Creation Agreement and invalidate the Verkhovna Rada's ratification of the agreement, but were not approved.^[31][32] On 19 March 2014, the National Security and Defense Council of Ukraine decided to start the procedure for leaving the CIS.^[33][34] On 30 April, the Ministry of Foreign Affairs of Ukraine announced that they had already prepared all the necessary documents regarding Ukraine's withdrawal from the CIS. After that, according to Deputy Minister of Foreign Affairs Danylo Lubkivskyi, the only thing necessary for Ukraine to leave this association is the appropriate law.^[35]

Following the 2014 parliamentary election, a new bill to denounce the CIS agreement was introduced.^[36][37]

In September 2015, the Ukrainian Ministry of Foreign Affairs confirmed Ukraine will continue taking part in the CIS "on a selective basis".^[38][39] Since that time, Ukraine has had no representatives in the CIS Executive Committee.^[38]

In April 2018, Ukrainian President Petro Poroshenko indicated that Ukraine would formally leave the CIS.^[40] As of 1 June 2018, the CIS secretariat had not received formal notice from Ukraine of its withdrawal from the CIS, a process that will take one year to complete, following notice being given.^{[41][42][43][44]}

On 19 May 2018, President of Ukraine Petro Poroshenko signed a decree on the final termination of Ukraine's participation in the statutory bodies of the CIS.^{[45][46][47][48]}

Ukraine has further stated that it intends to review its participation in all CIS agreements and only continue in those which are in its interests. It has also withdrawn from various agreements adopted within the framework of the commonwealth, but continues to be a party to various other agreements. This is due to the fact that in the "post-Soviet space" some issues that are important to Ukrainians are regulated by CIS agreements. For example, pension provision, recognition of diplomas, legal aid, etc.^[49]

Ukraine does not need to leave the CIS – it has never been and is not now a member of this structure. Because – and this is the joke of the situation – Ukraine is the founder of the CIS, but was not a party to the Commonwealth. We did not sign the charter. Therefore, in fact, based on the CIS structures, we really completely, finally break with the CIS. As they say, this is the point of no return. There is basically no way back. Not politically, not mentally, not at all. And here there are no tricks on the part of Kyiv. And all these allusions to some legal and political problems are all "divorce" used in Moscow. Because they dream of somehow dragging us back.

— Pavlo Klimkin^{[This quote needs a citation]}

• HISTORY OF UKRAINE'S PARTICIPATION in the Commonwealth of Independent States relations
• Law of Ukraine On the Ratification of the Agreement on the Principles of Formation of a Common Transport Space and Cooperation of the Commonwealth of Independent States Member States in the Field of Transport Policy
• Law of Ukraine On the Ratification of the Agreement on the Creation of a Free Trade Zone and the Protocol on Amendments and Supplements to the Agreement on the Creation of a Free Trade Zone