Портал в режимі тестування та наповнення
Актуальний статус втілення Мінських домовленостей (англ.)
Опубліковано 10 вересня 2015 року о 11:42

State of Implementation of the Package of Measures for the Implementation 
of the Minsk Agreements of february 12, 2015

 

 

 

 

PROVISIONS OF THE PACKAGE

OF MEASURES

(in brief)

STATE OF PLAY

 

DELIVERABLES

1. Immediate and comprehensive ceasefire

Ukraine:

-   Ukrainian forces ceased fire as of 00:00hrs February 15, 2015 and have consistently abided by the armistice since then. Fire is opened only in response to provocative actions of the other side.

 

Russia and Russia-backed militants:

-   Militants, with direct support of Russian regular forces, have been relentlessly shelling and attacking on Ukrainian forces. They carried out massive offensives on Debaltseve on February 15 (19 Ukrainian soldiers were killed and 135 wounded, Ukrainian forces had to retreat from Debaltseve), Maryinka and Shchastya on June 3 (1,000 persons, including Russian regular military cadre, and 30 tanks were engaged), Starohnativka on June 10 (a 400-strong battalion task force supported by heavy armored vehicles, tanks and APCs was involved in this assault), in Shyrokyne on many occasions;

-   Ukrainian forces and civilian locations have been shelled over 11,000 times (in August, about 368 facts of shelling per day on the average; on August 15, the number of shells amounted to 174, in September the number of shells amounted to - 51). SMM regularly attested numerous ceasefire violations by the militants. The militants also practice shelling Ukrainian forces from the residential areas thus trying to provoke many civilian casualties. Yet, the Ukrainian forces do their best to evade these provocations.

-   Between September 1 - 9 terrorists shelled the Ukrainian Armed Forces and civilian objects about 51 times. Despite the decrease of shelling, the death toll is still high. 5 Ukrainian servicemen were killed, 31 wounded.

-   Since the beginning of ATO to September 9, 2015, Ukraine has lost 2286 servicemen, 8650 have been wounded. As of September 9, 2015 about 8,000 civilians have perished in the hostilities and 18 000 wounded.

Ukraine demands Russia to

-   instruct its proxies as well as Russian regular units in Donbas to stop shelling and carrying out provocations and assaults.

2. Withdrawal of all heavy weapons

Ukraine:

-   Ukrainian forces have completed the withdrawal of all heavy weapons to designated sites. The process was monitored and verified by OSCE. SMM revisited holding areas on many occasions and found that weapons largely remained on site. Being subject to numerous attacks, Ukrainian forces were compelled to get some weapons back onto positions to protect lives of military personnel and civilians.

 

Russia and Russia-backed militants:

-    The other side has fulfilled withdrawal either partially or not in good faith. The militants reshuffle heavy weapons in the area they control carrying out numerous attacks and reinforcing their assault capabilities for further offensives. In addition to using artillery and mortars with above 100 mm caliber, which must have been withdrawn, the terrorists resumed shelling the Ukrainian side with MRLS Grad and Uragan since recently.

-    Contrary to the Minsk agreements, they also drones are used extensively, including being launched from the Russian territory almost daily.

Ukraine demands Russia to

-   urge its proxies to pull back heavy weapons from the touchline.

3. Ensure effective monitoring and verification of the ceasefire regime and the withdrawal of heavy weapons by the OSCE

Ukraine:

-   The Ukrainian side rendered all necessary assistance to initial deployment and further activities of SMM, in particular it provided armored vehicles and extended security guarantees to OSCE observers.

-   It consistently ensures SMM’s unhindered access to all areas under the government’s control. All cases when SMM faces restrictions to their mobility from Ukrainian forces are properly investigated and corrected.

-   In the process of withdrawal, it provided requested baseline information.

-   It proposed to station OSCE permanent observer posts in 10 major places where the ceasefire is violated repeatedly and most fiercely.

 

Russia and Russia-backed militants:

-    The other side has not extended sufficient security guarantees to the OSCE personnel. Recently, the militants started a campaign of intimidation of the observers. In late July, the SMM patrols were caught under provocative fire. In early August, a few trumped protests against SMM were arranged in Donetsk and Luhansk while on August 9, 4 SMM’s vehicles were put on fire in Donetsk.

-    The militants have repeatedly hindered SMM’s access to many areas under their control, including heavy weapons storage sites and the border between Ukraine and Russia.

-    In the process of withdrawal, they did not disclose requested baseline information.

-    They keep jamming OSCE drones contrary to the agreements.

Ukraine demands Russia to

-   urge its proxies in Donbas to immediately grant SMM with full and unhindered access to all areas under their control and stop a campaign intimidation against OSCE observers;

-   facilitate immediate implementation of paragraph 4 of the Minsk Protocol of September 5, 2014 which reads “ensure permanent monitoring on the Ukrainian-Russian state border and verification by the OSCE, together with the creation of a security area in the border regions of Ukraine and the Russian Federation”;

-   facilitate immediate establishment of permanent SMM observation posts along the touchline.

4. Launch a dialogue, on the first day after the withdrawal, on modalities of local elections as well as on the future regime of these areas based on this law

 

12. Questions related to local elections will be discussed and agreed upon with representatives of certain areas of the Donetsk and Luhansk regions in the framework of  TCG

Ukraine:

-   Despite the militants’ complete incompliance with the security provisions (para 1-3) of the Minsk agreements, the Ukrainian side launched and consistently promotes the political process. To comply with its obligations, Ukraine adopted the law on a special order of local self-government in certain areas of Donetsk and Luhansk regions on September 16, 2014 and later passed a decree which specifies the said areas. As militants undermined the logic of the Minsk agreements of September 5 and 19, 20, on March 17, 2015, the Parliament passed amendments to the said law which ruled that only legitimately elected local authorities will be able to enjoy the special order of local self-government.

-   The Ukrainian side referred a draft law on local elections to the subgroup on political issues of the Trilateral Contact Group for discussion, along with a "road map" on organization of the said elections in Donbas and a proposal to engage ODIHR/OSCE into this process. As this initiative found no constructive feedback, the Parliament of Ukraine adopted the said law on July 14, 2015. On July 17, the Parliament took a decision that the forthcoming local elections in Ukraine, including government-controlled areas of the Donetsk and Luhansk regions of Ukraine, will take place on October 25, 2015. In the meanwhile, the Ukrainian side insists on discussing modalities of holding elections in the currently occupied areas of Donbas within the subgroup on political issues.

 

Russia and Russia-backed militants:

-   Russia-backed militants ignored local elections scheduled in accordance with the law on a special order of local self-government on December 7, 2014 and held their own illegal “presidential” and “parliamentary elections” on November 2, 2014. Russia declared that it respected their results and intended to cooperate with the “newly elected authorities”.

-   Russia continues promoting federalization of Ukraine and illegitimately insists that Ukraine start a direct dialogue with the militants and their illegal “authorities”.

-   Under Russia’s guidance, the militants show reluctance to discuss preparation of local elections in line with the Minsk agreements insisting on enforcing the special order of local self-government first and proposing their own laws.

-   They denied access to the ODIHR security assessment mission (May 18-22, 2015) to the territory under their control and blocked involvement of an ODIHR representative into the WSG on political issues.

-   They further develop their pseudo state institutions and announced their intentions to hold sham local elections on October 18, 2015 (in Donetsk) and November 1, 2015 (in Luhansk).

Ukraine demands Russia to

-   stop blocking the discussion on modalities of local elections in Donbas putting forward preconditions for starting the preparatory work;

-   urge militants to publicly denounce November 2, 2014 elections and halt a discourse on holding their own elections later this year;

-   facilitate starting a pragmatic discussion on modalities of holding early local elections and practical preparation to this end;

-   ensure involvement of the ODIHR representative into the WSG on political issues.

 

5. Ensure pardon and amnesty

Ukraine:

-   On September 16, 2014, Parliament adopted the law on the prevention of persecution and punishment of persons in connection with the events that took place in certain areas of Donetsk and Luhansk regions of Ukraine. Pardon and amnesty it envisaged does not cover those responsible for the downing of MH17 as well as those who are guilty of capital crimes, though. The Ukrainian side is ready to enforce this law without delay after the SMM verifies the sustainable ceasefire and full withdrawal of heavy weapons. It is understood that every crime committed and every shot made afterwards will be subject to prosecution.

 

Russia and Russia-backed militants:

-   Under Russia’s instructions and in breach of the Minsk agreements, the militants have recently started to illegitimately condition the release of Ukrainian captives on the enforcement of pardon and amnesty by Ukraine.

Ukraine demands Russia to

-   Stop, along with the militants, manipulating with issues of amnesty and pardon.

 

6. Ensure release and exchange of all hostages and unlawfully detained persons, based on the principle “all for all”

Ukraine:

-    Ukraine insists on and is ready for all-for-all exchange of captives without any exceptions and conditions.

 

Russia and Russia-backed militants:

-   The militants unlawfully delay releasing Ukrainian servicemen and civilians and put forward unjustified preconditions.

-   Russia refuses to release a number of Ukrainian political prisoners, including Savchenko, Sentsov and others, illegally detained in Russia. Recently, Russian authorities sentenced Ukrainian citizens Oleg Sentsov and Oleksandr Kolchenko, who had been illegally arrested by Russian occupants in May 2014 and accused of terrorist activities, to 20 and 10 years in prison, respectively. The court, while fulfilling the Kremlin’s political order, fully neglected the law and, in particular, ignored evidence of innocence of the Ukrainian citizens, provided by their lawyers. Almost 115,000 “witnesses” were questioned and provided their evidence within the framework of the “investigation” (more than 60,000 in Savchenko’s case alone), which prove that neither Savchenko nor Sentsov nor any other Ukrainian citizen detained and tried in Russia did commit a crime.

Ukraine demands Russia to

-   urge militants to immediate unblock the release of captives all for all without preconditions;

-   immediately release Ukrainian political prisoners detained in its territory.

7. Ensure safe access, delivery, storage, and distribution of humanitarian assistance

Ukraine:

-   Ukraine is doing its utmost to alleviate a dire humanitarian situation in the militants-controlled areas and in the combat zone. To assist those in need, hundreds of tons of humanitarian aid from Ukraine and foreign partners have been sent to these areas.

-   On February 24, the Government of Ukraine and the UN Office for the Coordination of Humanitarian Affairs launched a Humanitarian Response Plan 2015 for Ukraine which targets 3.2 million most vulnerable persons out of 5 million estimated to be in need of humanitarian assistance across the country.

 

Russia and Russia-backed militants:

-    The other side continues blocking delivery of Ukrainian and international humanitarian aid and occasionally obstructing the evacuation of the civilian population. The militants unlawfully demand from international humanitarian organizations to be “accredited”.

-    In August 2014-August 2015, Russia has sent 37 so-called “humanitarian aid convoys” (23 of them since February 12, 2015). The arrival of almost each convoy coincides with further escalation.

-    Despite achieved agreements, Russia keeps ignoring a commitment on engaging an international mechanism for delivery and distribution of its humanitarian aid.

Ukraine demands Russia to

-   immediately unblock delivery of Ukrainian and interntional humanitarian aid;

-   secure delivery of its aid via a legitimate international mechanism only and through the border checkpoints controlled by Ukraine with full engagement of ICRC.

 

8. Definition of modalities of full resumption of socio-economic ties

 

Ukraine:

-    The Ukrainian side continues delivering gas and electricity to militants-controlled areas without receiving any payments.

-    The Government keeps allocating 100% of pensions and other social benefits to Donbas residents. Out of 1,278,200 pensioners registered in these areas as of July 1, 2014, 949,100 regularly receive their pensions. Information on other 329,100 pensioners is not available.

-    Under constant shelling, Ukrainian teams are repairing infrastructure, gas, water, and power lines.

-    The Ukrainian side follows a constructive approach within the TCG working subgroup on economic issues and carefully attends to proposals of the subgroup’s coordinator Dr. Mirov. In particular, it supports restoring a pumping station and key water pipes near Popasna (Luhansk region) as well as a railway run in Donetsk region. Previously, the Ukrainian side specified four bridges (3 in Donetsk region and 1 in Luhansk region) which could be repaired. Yet, fulfilment of all these projects heavily depends on de-escalation on the ground.

-    The Ukrainian side is ready to restore banking services/transfers, namely via mobile banking. Yet, appropriate security conditions must be at place.

-    The Government also works on establishing logistics hubs along the touchline to provide residents of affected areas with access to food, medication and other first need products and possibly secure mobile banking on the same platform.

 

Russia and Russia-backed militants:

-    The other side continues devastating socio-economic infrastructure on both sides of the touchline. Just since February till August 2015, the militants have destroyed over 243 objects of railway infrastructure and 164 kilometers of roads.

-    Large industrial complexes, such as for example the Avdiyivka coke plant, are subject to numerous attacks which threaten with disastrous ecological consequences. Another ecological menace is posed by abandoned and unmaintained mines. Water that floods these mines may bring hazardous substances to the surface, including radioactive substances from the “Yunkom” mine where a nuclear test was carried out in 1979).

-    The militants keep impeding repairs of infrastructure, gas, water, and power lines as well as transport infrastructure with unremitting shelling and provocations.

-    The militants, along with the Russian side, dismantle and transfer industrial equipment to Russia. Also, Donbas coal is moved to Russia in great numbers.

-    In breach of agreed modalities, Russia supplies gas directly to the militants and illegitimately ascribes these supplies to Ukraine’s account.

Ukraine demands Russia to

-   urge the militants to immediately stop deliberate destruction of socio-economic infrastructure, including facilities which will have a serious ecological impact if destroyed, and provide proper security conditions to repair damage to critical infrastructure;

-   ensure full implementation of the security block of the Minsk agreements to advance in the socio-economic field;

-   stop dismantling and removing equipment from Donbas industrial complexes;

-   supply gas to Donbas only according to the agreed procedure and through agreed points of entry.

 

9. Reinstatement of full control of the state border by the government of Ukraine

Re-establishment of control of the border is the most crucial prerequisite of de-escalation in Donbas as it will allow to stop the incessant supply of weapons and manpower from Russia.

 

Russia and Russia-backed militants:

-   The other side completely obstructs the implementation of relevant provisions of the Minsk agreements. It not only denies Ukraine’s right to control its border but also impede the establishment of international  control of the border, in particular as regards ensuring full and unhindered access of SMM observers to the border and border-adjacent areas for permanent monitoring and verification, as well as the creation of a security area in the border regions.

-   On June 18, 2015, Russia for the fifth time refused to extend the mandate of the OSCE Observer Mission stationed at Russian checkpoints Gukovo and Donetsk (the observation range is only 1 km of the border) to the entire Ukrainian-Russian border that is currently out of Ukraine’s control.

Ukraine demands Russia to

-   immediately provide full and unhindered access of SMM to the border and border-adjacent areas, ensure permanent monitoring on the Ukrainian-Russian state border and verification by OSCE, along with the creation of a security area in the border regions, as per para 4 of the Minsk Protocol of September 5, 2014;

-   extend the mandate of the OM to the entire uncontrolled segment of the Ukrainian-Russian border.

10. Withdrawal of all foreign armed formations, military equipment, as well as mercenaries from the territory of Ukraine under monitoring of the OSCE

Russia and Russia-backed militants:

-   Russia has instigated an over 44,000-strong force in Donbas, with about 60% of them being Russian armed forces. It has illegally brought over 550 tanks, 900 APCs, 500 artillery systems, and 300 MLRS to Donbas. This force is commanded and coordinated by the Russian generals and military officers. Yet, it continues pouring more heavy weapons, other military equipment, ammunition and manpower (both mercenaries and regular military cadre) to this region of Ukraine. Russian subversion and reconnaissance groups keep arriving to Ukraine and running their illegal activities, in particular with UAVs.

-   It also concentrates a large amount of military personnel and equipment close to the eastern Ukrainian border and in Crimea. There are about 45 battalion tactical groups and 17 company task forces amounting to more than 54,000 servicemen with about 420 tanks, 1920 armored vehicles, 500 artillery units, 200 MRLS, 380 combat aircraft, and 130 helicopters deployed on the Russian side of the border. Russia’s military presence in the peninsula more than doubled for the last year and constitutes over 24,000 servicemen now. Recently, Russia has started concentrating landing ship forces in the Sea of Azov. Moreover, it threatened to deploy nuclear weapons in Crimea.

Ukraine demands Russia to

-   halt militarization of Donbas as well as Crimea and Russia’s western flanks;

-   stop all illegal military activities in the territory of Ukraine, including using drones;

-   withdraw its armed personnel and military equipment from Donbas and border-adjacent areas;

-   confirm in public and at the highest level that it is not preparing a large-scale offensive against Ukraine.

11. Carrying out constitutional reform in Ukraine with a new constitution entering into force by the end of 2015 providing for decentralization as a key element

Ukraine:

-    The Ukrainian side adopted a concept of local self-government reform. On March 1 and 3, 2015, President signed a law on principles of the state regional policy and a law on voluntary association of territorial communities. Then, a Regional Development Council was established.

-    The established Constitutional Commission, which consisted of representatives of all regions of Ukraine, including Donbas (М.Баймуратов – професор Маріупольського державного університету, Р.Гринюк - ректор Донецького національного університету та ін.) and representatives of the National Association of Local Authorities, drafted amendments to the Constitution on decentralization of powers. These amendments, in particular, imply that a norm that the special order of local self-government in certain areas of Donbas will be defined by a respective law will be included into the Transitional Provisions of the amended Constitution. On June 19, these amendments were sent to the Venice Commission for an opinion. The latter gave a positive assessment of the draft and issued a few recommendations. On July 2, the President submitted the draft, which incorporated the above recommendations, to the Parliament. On July 31, the Constitutional Court of Ukraine confirmed compliance of draft amendments with the current Constitution.

-    On August 31 the draft was adopted by the Parliament in the first reading. The amendments are to be finally adopted by the end of 2015.

-    The budget decentralization is already underway. Over 30% of the tax incomes will remain at the local level.

Ukraine demands Russia to

-   stop promoting federalization of Ukraine and avoid, along with the militants, destructive moves aimed at undermining the constitutional reform in Ukraine.

13. Intensify the work of the Trilateral Contact Group including through the establishment of working groups

Ukraine:

-    The Ukrainian side is active and constructive in the TCG and its working subgroups, despite ongoing hostilities and strictly abodes by the logic of the Minsk agreements in these activities.

 

Russia and Russia-backed militants:

-    Russia continuously tries to undermine the trilateral nature of the TCG and its working subgroups imposing a direct dialogue with the militants on Ukraine.

-    It attempts to manipulate priorities putting the political process before the accomplishment of security requirements.

Ukraine demands Russia to

-   stop its intrusive and illegal attempts to impose a direct dialogue with the militants on Ukraine;

-   stick to the trilateral format of the TCG and its WSGs;

-   avoid replacing the TCG with solely WSGs.

Outdated Browser
Для комфортної роботи в Мережі потрібен сучасний браузер. Тут можна знайти останні версії.
Outdated Browser
Цей сайт призначений для комп'ютерів, але
ви можете вільно користуватися ним.
67.15%
людей використовує
цей браузер
Google Chrome
Доступно для
  • Windows
  • Mac OS
  • Linux
9.6%
людей використовує
цей браузер
Mozilla Firefox
Доступно для
  • Windows
  • Mac OS
  • Linux
4.5%
людей використовує
цей браузер
Microsoft Edge
Доступно для
  • Windows
  • Mac OS
3.15%
людей використовує
цей браузер
Доступно для
  • Windows
  • Mac OS
  • Linux