Kadatska A. International Legal Status of the European Bank for Reconstruction and Development.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002876

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

10-06-2016

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis deals with researching of the legal grounds and peculiarities of the international legal status of the European Bank for Reconstruction and Development (hereinafter EBRD or the Bank), including the matters of membership in EBRD, organizational issues of the Bank's activity, its competence and legal capacity, as well as the legal grounds and peculiarities of the international relationships between Ukraine and EBRD. It has been found out that the legal ground for the EBRD's activity is comprised of two international legal treaties such as Agreement Establishing the EBRD (1990) and Headquarters Agreement between the Government of the United Kingdom and the EBRD (1991). It is evidenced that the EBRD is the international intergovernmental entity according to its legal nature (in particular, it is an association of some dozens of states, is founded and acts in line with the international multilateral treaty, is formed to achieve relevant goals in a specific area of international relations). The status, immunities and indemnifications as stipulated by the Agreement Establishing the EBRD in the territory of each member state are provided to the Bank, so that the Bank will be able to achieve its goal and perform its functions. It has been found out that the EBRD's lending to finance projects in a certain state is carried out in accordance with the medium-term strategies of the Bank's activity regarding the said state. That the recipient state complies with the current strategy underlies further strategy to be developed by EBRD. In total, the Bank has adopted 9 strategies of that kind in respect to Ukraine. Peculiarities of the legal status of the EBRD member-states which provides for the mutual rights and obligations of the member states and the Bank, have been ascertained. The membership of European and non-European countries is studied in details; the importance of the previous membership in the International Monetary Fund for non-European countries is stressed. The features of membership in EBRD are studied separately for countries which are the founders of the Bank and for countries which expressed intention to become the members of the Bank after the entry into force of the Agreement Establishing the EBRD in 1990. The features of membership in EBRD are studied for the European Union and the European Investment Bank. This paper considers the peculiarities of international legal relations between Ukraine and the EBRD, including international legal aspects of EBRD membership of Ukraine, and peculiarities of EBRD international legal status in Ukraine. It has been established that pursuant to the Decree of the President of Ukraine "On membership of Ukraine to the European Bank for Reconstruction and Development" (1992), Ukraine has become the member of the Bank and at the same time the Party to the Agreement Establishing the EBRD (1990). To ensure the representation of Ukraine in the Board of Governors of EBRD, Ukraine has appointed ex officio of the Ministry of Finance of Ukraine as the member of the Board of Governors of EBRD, and the Chairman of the Board of the National Bank of Ukraine - also ex officio of the Deputy Governor of Ukraine as the member of the Board of Governors of EBRD. In turn, the representation of EBRD interests in Ukraine shall be performed through Permanent Delegation of EBRD in Ukraine based on the proper Agreement between the Government of Ukraine and EBRD (2007). The treaties between Ukraine and EBRD may be classified by name (subject) into three types: credit, guarantee and project treaties. Treaties are classified by the subjects (form of ownership of the borrower) into the treaties aimed at support of private or public sectors. The treaties may be classified by areas of activities of the Bank (areas of credit financing) into the treaties in the energy, agriculture, industry, infrastructure, financial sector, etc. Direct financing and financing through intermediary may be identified by the disbursement method.

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