Non-tariff barriers: Ukrainian practice under conflict with Russia and COVID-19

Abstract

This article deals with the study of Ukraine’s measures of non-tariff barriers during the armed conflict in eastern Ukraine and under the conditions of the COVID-19 pandemic. The first part of the article identifies the reasons for the establishment and genesis of non-tariff barriers to foreign trade. The modern international legal basis of non-tariff regulation and its application in Ukraine is also outlined. Moreover, the impact of the EU-Ukraine Association Agreement 2014 on the mechanisms for setting non-tariff barriers is described. The second part of the article focuses on the characteristics of modern approaches to the classification of measures of non-tariff barriers to trade. Their diversity and lack of a definitive, orderly list in international agreements and national legislation are emphasized. The third part of the article is devoted to the analysis of measures of non-tariff barriers to trade, which were applied by Ukraine in relations with the Russian Federation and under the conditions of the COVID-19 pandemic. Their adequacy to the current crises in Ukraine was stated, but their untimeliness contributed to a significant reduction in efficiency in minimizing the negative impact of crises caused by the aggression of the Russian Federation and the COVID pandemic.