The dissertation is devoted to the research of the institution of denunciation of international treaties in the doctrine and practice of international law, the codification of the denunciation institution, as well as general and special aspects of the realization of the right to denounce. The essence of the denunciation is that the cessation act in this case is based on the previously agreed will of the parties, which they embodied in the provisions of the treaty, thus preconditioning the possibility of unilaterally termination of the international treaty, taking into account all the potential consequences associated with such termination. Including the denunciation clause in the treaty, the parties provide each other with the maximum flexibility of conduct and minimize losses, as such termination excludes offenses due to its conciliatory treaty nature.
The research focuses on the establishment of the institution of denunciation, its doctrinal and official codification, the terminology used in the doctrine, international relations and the Vienna Convention on the Law of Treaties of 1969, the functional characteristics, the denunciations formulas included in the international agreements, the criteria which are used to determine the existence of a reasonable right to denounce. In particular, it is determined that in order to denounce it as a legal act it must comply with the requirements imposed by international law on all legal acts, namely: 1) the existence of legal capacity of the entity declaring the denunciation; 2) it must come from the competent authority of a sovereign state which has the appropriate powers in the field of external relations; 3) the expression of the subject must be free and not burdened with defects.
In the study, the author proposes the following classification of the following formulas: 1) the application can be filed at any time which will lead to the immediate termination of the treaty with respect to the initiator; 2) the application may be filed at any time, but subject to advance notice, after the expiration of the post-election deadline, the denunciation becomes effective.
The study also focuses on the competence of state bodies in the area of denunciation of international treaties, including foreign countries, Ukrainian legislation which regulates the denunciation procedure, identifies problems of legislative regulation of denunciations in Ukraine and making proposals for its improvement. Since international treaties are enacted by normative legal acts of a certain legal force, denunciation is the adoption of such legal acts, which will certify the annulment of the previous ones. The author justifies that according to the legislation of Ukraine it is impossible for annulment acts to be less effective; respectively, the Ukrainian law applies the concept acte contraire in relation to the act of concluding the treaty.
The problems that currently exist in Ukrainian legislation include the following: 1) the lack of the definition of denunciation as a separate method of termination of international treaties; 2) the absence of the direct regulation of the denunciation procedure, and, together with this, the list of the documents to be submitted in case of denunciation; 3) the absence of division into voluntary and involuntary ways of termination of international treaties; 4) doubtful choice of terminology for the termination of international treaties, insufficient volume and, as a consequence, lack of flexibility. The author proposes to resolve these issues by amending the Law of Ukraine “On International Treaties of Ukraine”, the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Regulations on the Procedure for the Establishment, Implementation, and Denunciation of Interagency Agreements of Ukraine”.
Key words: termination of an international treaty, denunciation, termination, the right to denounce, the implied right to denounce, the denunciation procedure.
