ТЕОРЕТИКО-ПРАВОВА ПРИЗМА БУДАПЕШТСЬКОГО МЕМОРАНДУМУ: НЕСПРАЦЬОВАНІ ГАРАНТІЇ

Abstract

The Budapest Memorandum has not been ratified by any party, which from a legal point of view cannot be considered to have entered into force and contains the onset of rights and obligations. Although the Ukrainian side emphasized the need for ratification, the opposition of the United States and Russia refused to make this document legally binding. December 5, 1994, for most ordinary citizens until February 24, 2022, this date meant nothing and in most cases was unknown. However, the introduction of martial law, shelling, occupation, bombing of civilians, destruction of housing, Ukraine's pleas as a state for help from indifferent states, and most importantly hearing threats to itself about the possible use of nuclear weapons in this war have caused the issue to be raised for more than a dozen years long ago, when Ukraine, having inherited the third nuclear potential in the world, gave it to today's terrorist state, which killed hundreds of thousands of people, and the number of missing people is still unknown. This scientific article examines the issue of the Budapest Memorandum. Its legal essence and meaning are analyzed in its main parts. The official name of which is "Memorandum on security guarantees in connection with the accession of Ukraine to the treaty on the non-proliferation of nuclear weapons. Even if we find the legal meaning of the Budapest Memorandum, but the security guarantees, which should reflect the idea that external guarantors should ensure a safe and comfortable existence in practice, on the one hand, it can be said that Great Britain and the United States have not violated its parts, on the one hand unlike Russia, however, on the other hand, by weakening Ukraine in this way, we assume that the grounds for its territorial invasion were created.