POLITICAL AND LEGAL ASPECTS OF THE CONCLUSION AND IMPLEMENTATION BY UKRAINE OF INTERNATIONAL AGREEMENTS IN THE CONDITIONS OF MARTIAL STATE

Author (s): Kres N., Kalyan A., Ivankov O.

Work place:

Kres N.,

student of the Faculty of Law
of the Educational and Scientific Institute
of Law and Social Technologies,

Chernihiv Polytechnic National University,

Chernihiv, Ukraine;

Kalyan A.,

student of the Faculty of Law
of the Educational and Scientific Institute
of Law and Social Technologies,

Chernihiv Polytechnic National University,

Chernihiv, Ukraine;

Ivankov O.,

Associate Professor of the Department of Legal Disciplines,

National Academy of the National Guard of Ukraine,

Kharkiv, Ukraine

ORCID: 0000-0002-0709-704X

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2026. № 1 (19): 178–190

https://doi.org/10.32755/sjcriminal.2026.01.178

Summary

This article analyzes the political and legal features of concluding and implementing international treaties by Ukraine under martial law caused by the full-scale armed aggression of the Russian Federation. It substantiates that international treaties during wartime have transformed from traditional diplomatic instruments into key mechanisms for ensuring national security, state functioning, humanitarian protection, economic stability, and international accountability of the aggressor. The research examines changes in Ukraine’s treaty-making practice under extraordinary conditions, focusing on procedural adaptations, accelerated negotiations, temporary application of treaties, and the increased use of intergovernmental agreements, memoranda, and political declarations. Particular attention is paid to the compliance of such practices with international law, especially the Vienna Convention on the Law of Treaties of 1969, and Ukrainian national legislation, which allows treaty-making even under martial law. This article highlights priority areas of treaty activity, including security and defense cooperation, humanitarian assistance, economic and financial support, post-war recovery, and mechanisms for compensation and prosecution of international crimes. It is emphasized that Ukraine has managed to preserve legal legitimacy, maintain international legal personality, and simultaneously lay the foundations for post-war reconstruction and European integration. The study concludes that Ukraine’s experience under martial law demonstrates the formation of a new, adaptive, and strategically oriented treaty policy that strengthens both national resilience and the international legal order.

Key words: international treaties, martial law, foreign policy, legal regime, contractual activity, security, humanitarian law, international responsibility, Ukraine, aggression.

 

References

 

  1. United Nations (1969), Vienna Convention on the Law of Treaties, 23 May 1969, аvailable at: https://legal.un.org/ilc/texts/instruments /english/conventions/1_1_1969.pdf (аccessed 10 January 2026).
  2. Ukrainе (2004), On international treaties of Ukraine: Law of Ukraine No. 1906-IV of 29 June 2004, updated 15 March 2022, Verkhovna Rada of Ukraine, Kyiv, аvailable at: https://zakon.rada.gov.ua/laws/show /1906-15#Text (аccessed 10 January 2026).
  3. Tymoshenko, O. A. (2024), “International agreements involving Ukraine under the conditions of the state of martial: political and legal dimension“, Electronic scientific publication “Analytical and Comparative Law”, pp. 775–782. https://doi.org/10.24144/2788-6018.2024.04.125
  4. Liubashenko, V. I. (2019), “Denunciation of international treaties between Ukraine and Russia as regards russian agression in Ukraine”, Constitutional State, № 33, pp. 162–167. https://doi.org/10.18524/2411-2054.2019.33.162053
  5. Davydenko, P. O. (2023), Mechanism for ensuring constitutional human rights under martial law : PhD thesis, Yaroslav Mudryi National Law University, Kharkiv.
  6. Makarenko, O. Yu. and Makarenko, N. A. (2022), “Force majeure circumstances: performance of contractual obligations during the period of armed aggression of the Russian Federation on the territory of Ukraine”, Law journal of Donbass, № 2 (79), pp. 32–39.
  7. Zamryha, A. V. (2022), “Application of international humanitarian law in the conditions of armed aggression of the russian federation against Ukraine”, Problems of Modern Transformations. Series: Law, Public Management and Administration“, № 6, аvailable at: https://reicst.com .ua/pmtl/article/view/2022-6-01-04 (аccessed 10 January 2026).
  8. Motsa, A. A. and Motsa, V. V. (2022), “Human rights in the conditions of wartime”, Scientific Perspectives, № 4 (22), pp. 280–291.

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