Аннотация: The Monologue about personal impressions regarding "The Kerch situation"
The Monologue about personal impressions regarding "The Kerch situation"
It is not so simple to "ordinary" citizen to understand "The Kerch situation"
There is a separate "case" ("file") of political and legal events, actions and circumstances (the period 1991 - 2014). At that time, the events "came to the surface", for example, as "the situation around the Tuzla Spit."
After 2014, the situation has not become easier.
In November 2018, the situation became even more complicated.
In this situation, it is tempting to look like a kind of Herodotus and give a detailed and exhaustive analysis of the historical aspects and the current situation.
However on "shoulders of great personalities" it is necessary to become with care.
We open the judicial act (the order) of the International Tribunal for the Law of the Sea (ITLOS). ( The judicial act of May 25, 2019).
As at the moment we do not apply for Herodotus's role, we act in the simplified order. Via the search engine we look for a mention of "The Treaty between the Russian Federation and Ukraine on cooperation in the use of the Sea of Azov and Kerch Strait, December 24, 2003" in the text of the judicial act.
We find such text:
"71. Second, it appears that the specific cause of the incident that occurred on 25 November 2018 was the Russian Federation"s denial of the passage of the Ukrainian naval vessels through the Kerch Strait and the attempt by those vessels to proceed nonetheless. According to the Memorandum, the passage was denied on two grounds: the failure of the Ukrainian naval vessels to comply with the "relevant procedure in the 2015 Regulations" and the temporary suspension of the right of innocent passage for naval vessels because of "security concerns following a recent storm". It is undisputed that the commander of the Berdyansk gave notification of the naval vessels" intention to proceed by invoking a right to the freedom of navigation pursuant to the 2003 Treaty between the Russian Federation and Ukraine on cooperation in the use of the Sea of Azov and Kerch Strait ..."
I open the text posted on the website of the Russian Foreign Ministry:
"25.05.1914:05
About the decision of the International Tribunal for the Law of the Sea (ITLOS) on an incident near the Kerch Strait on November 25, 2018
1090-25-05-2019
THE MESSAGE FOR MEDIA
On May 25 in Hamburg (Germany) the International Tribunal for the Law of the Sea (ITLOS) announced the decision. The decision is about the temporary (provisional) measures for the claim of Ukraine concerning irresponsible provocation near the Kerch Strait with participation of three Ukrainian warships in November, 2018 took place. Russia in hearings on temporary measures did not participate.
As it was earlier repeatedly noted by the Russian side, the statements made both by Russia, and Ukraine during the signing and ratification of The United Nations Convention on the Law of the Sea of 1982, exclude a possibility of involvement in the procedures of settlement of disputes provided by the Convention, concerning the incident on November 25, 2018 near the Kerch Strait.
At this stage the speech does not go actually about consideration of claims of Ukraine. During the subsequent arbitration proceedings intend to defend consistently our position..." (http://www.mid.ru/ru/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/3659504) [The unofficial translation from Russian into English]
The text has no signature. From where we know that it is the text from the Russian Foreign Ministry?
Let's say there are some public councils, ... the Council on foreign and defense policy... and other organizations... Where and in what law it is said that their texts are prohibited to place on the website of the Ministry of foreign Affairs? I personally have not heard of such a ban. And the ban can be bypassed - at coincidence of some circumstances.
There is no signature.
But, nevertheless, we try to find a mention of "The Treaty between the Russian Federation and Ukraine on cooperation in the use of the Sea of Azov and Kerch Strait, December 24, 2003" in this text.
It seems, there is no such mention.
What further? Some ambiguity ... Dear Minister Lavrov! We hope for you ...
May 26, 2019 05:47
Translation from Russian into English: May 26, 2019 11:12.
Владимир Владимирович Залесский "Монолог о личных впечатлениях от "Керченской ситуации"".