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INTERNATIONAL LEGAL OBLIGATIONS OF UKRAINE AS AN ELEMENT OF THE MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF MILITARY-TECHNICAL COOPERATION

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 80)

Publication Date:

Authors : ;

Page : 44-51

Keywords : military-technical cooperation; legal regulation of military-technical cooperation; legal regulation mechanism; administrative and legal regulation mechanism; international treaties; international transfers of military and dual-use goods;

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Abstract

Introduction. The ongoing armed aggression against Ukraine prompts public authorities, their officials and even some domestic business entities to strengthen military-technical cooperation with foreign states and intergovernmental organizations. As a rule, the legal basis for such relations is multilateral and bilateral international agreements between Ukraine and foreign partners, which establish certain guarantees, precautions and obligations in the course of such relations. Recently, the number of such agreements has been growing, as cooperation in the military-technical sphere between the partners is expected to deepen. The norms of such international agreements become binding on both Parties, which allows us to assume that they can be distinguished as a separate legal category β€” an element of the mechanism of administrative and legal regulation of military-technical cooperation. However, in the modern scientific environment of legal scholars, special attention has not been paid to this particular legal phenomenon before, which prompted us to conduct a relevant scientific study. Purpose. The purpose of the article is to substantiate the existence in the legal reality of an integral element of the mechanism of administrative and legal regulation of military-technical cooperation β€” Ukraine's international legal obligation in the military-technical sphere, which is enshrined in the norm of an international agreement. Materials and methods. The following materials were used in the course of the study: a) national legal acts of Ukraine; b) bilateral international agreements of Ukraine; c) multilateral international agreements of Ukraine; d) archival documents; e) scholarly works of Ukrainian legal scholars and scholars who have studied some issues of military-technical cooperation; f) scholarly works of foreign scholars. We also used the following scientific methods: analysis and formal legal method. The analysis method made it possible to establish certain categories of the mechanism of administrative and legal regulation of military-technical cooperation and to identify the categories of international agreements of Ukraine which contain some of the obligations of the State in the area under study. Using the formal legal method, we have determined the formal content of many international legal norms and provisions of national legal acts that to some extent regulate the implementation of military-technical cooperation of Ukraine. Results. An indispensable element of the mechanism of administrative and legal regulation of military-technical cooperation between Ukraine and foreign states is the rule of law contained in certain international agreements. Such provisions may be implemented through the actions or passive behavior of national public authorities and enterprises. It is established that the relevant provisions may be contained, firstly, in international agreements whose subject matter is somewhat broader than the issues related to the implementation of military-technical cooperation by the States parties to such agreements. Secondly, in international treaties the subject matter of which is solely to establish the legal basis for the implementation of external military-technical relations between the States Parties. The author identifies three relevant categories of international agreements, namely: multilateral international agreements; multilateral international agreements in which participation is limited; and bilateral agreements. Discussion. Our particular research interest is also in further detailed study of the legal framework for the implementation and fulfillment of Ukraine's international legal obligations in the field of military-technical cooperation by the authorized state authorities and their officials.

Last modified: 2024-12-18 05:20:14