In response to the statement of the Russian side regarding the termination of the Ukrainian-Russian agreements on the stationing of the Black Sea Fleet in Ukraine in connection with a fundamental change of circumstances and the impossibility of implementation of the agreements, the Ministry of Foreign Affairs of Ukraine considers it appropriate to note the following:
Ukraine did not violate the terms of these agreements, and so the Russian Federation has no legal grounds to refer to a material breach of the terms of the agreements.
The Russian Federation annexed the Autonomous Republic of Crimea, blatantly violating international law. This was confirmed by the UN General Assembly resolution "On Ukraine's territorial integrity" dated 03/27/2014 and by the Venice Commission. In accordance with Articles 61 and 62 of the Vienna Convention on the Law of Treaties of 1969, the Russian Federation is not entitled to invoke the impossibility of realization, or a fundamental change of circumstances, as the grounds for termination of the agreement, if such action is the result of that party’s lack of fulfilling the obligations of the agreement in question or other international obligations.
The Russian side’s actions, aimed at ending the agreements on the stationing of Black Sea Fleet in Ukraine are contrary to the Vienna Convention, once again revealing the Russian Federation’s open contempt for the generally recognized rules of international law.