Agreement between the Government of the Russian Federation and Government of Ukraine on means of missile warning systems and control of space

of February 28, 1997

The government of the Russian Federation and the Government of Ukraine which are referred to as further with the Parties

based on the Agreement between the State Parties of the CIS on means of missile warning systems (SPRN) and control of space (SKKP) of June 6, 1992 and the Agreement between the State Parties of the CIS on the principles of providing armed forces of the State Parties of the Commonwealth with arms, military equipment and other appliances, the organization of research and development works of March 20, 1992,

considering mutual interest in need of preserving and use of the nodes of the warning of missile attack placed near the cities of Mukachevo and Sevastopol (further hereinafter are referred to as - Mukachevo's nodes and Sevastopol),

considering obligations of the Russian Federation and Ukraine under the Contract between the USSR and the USA on restriction of antiballistic missile systems of 1972 on radar stations (radar station) of the warning of attack of strategic ballistic missiles,

agreed as follows:

Article 1

This agreement, including the Appendices N 1 and N 2, being its integral parts, determines the general principles of use of means of SPRN and SKKP located in the territory of Ukraine, and the SPRN and SKKP centers located in the territory of the Russian Federation, procedure for functioning of nodes of Mukachevo and Sevastopol in SPRN and SKKP, procedure for their providing, financing, upgrade and reconstruction, and also cooperation in military and scientific and technical areas for the purpose of maintenance of functioning and development of these systems.

Article 2

1. Mukachevo's nodes and Sevastopol are property of Ukraine.

2. The technological objects and objects of providing which are in operation enter into structure of nodes of Mukachevo and Sevastopol.

3. The radar station, head step-down substations, water intaking constructions, engineering complexes of radar station with constructions and communications, Items of communication and data transmission with infrastructure, storage locations and Items of repair of arms and the equipment, access roads, security barriers and constructions, special and other equipment treat technological objects of nodes of Mukachevo and Sevastopol.

4. Residential, cultural and community, utility buildings and constructions, medical institutions, engineering systems and complexes of military camps belong to objects of providing.

Article 3

For the purpose of ensuring normal functioning of means of SPRN and SKKP placed in the territory of the Russian Federation and the territories of Ukraine:

1. Ukrainian Side:

a) maintains permanent readiness of the radar means, means of communication and data transmission placed in the territory of Ukraine and also prepares combat crews for these means for accomplishment of tasks of investigation of space;

b) issues information on rocket and space situation from Mukachevo's nodes and Sevastopol on the command post (CP) or the reserve command post (RCP) of SPRN in the amount provided by the operating complex fighting algorithm.

2. Russian side:

a) issues to Ukraine information of the notification with KP (ZKP) SPRN on "Crocus" system, and also information on space situation and space objects in amount and type approved by the Parties;

b) develops and approves drafts of plans of annual technical operation of means, schedules of their maintenance with conclusion from the mode of functioning, tactical and special trainings of calculations on duty with the Ukrainian Side;

c) represents to the Ukrainian Side of suggestion for improvement of functioning of means of SPRN and SKKP;

d) also Sevastopol according to the nomenclature and in the amounts approved by the Parties participates in realization of technical supply of nodes of Mukachevo;

e) informs the Ukrainian Side on changes in management structure of SPRN and SKKP, documents regulating functioning of means and other actions concerning activities of means of SPRN of Ukraine.

3. The parties jointly will organize and perform:

a) development and approval of the regulating documents determining procedure for functioning, operation of means and their upgrade, the organization and execution of alert;

b) preparation of command and engineering personnel for military units of SPRN and SKKP according to the qualification characteristics which are mutually approved by the Parties;

c) the mutual admission of authorized representatives and officials on objects of SPRN and SKKP, and also to fighting and technical documentation of means of these systems;

d) material logistics of nodes of Mukachevo and Sevastopol,

and also participate in providing other SPRN and SKKP nodes according to the nomenclature and in amount, approved by the Parties.

Article 4

The parties accept mutual claims and representations in the order of implementation of this agreement and resolve them by negotiations or any other mutually acceptable method. Concerning violation of established procedure of functioning of means and execution of alert by calculations on duty the Parties take measures according to the Regulations on alert execution approved by them.

Article 5

1. The customs procedures connected with import (export) and transit of arms, the military equipment, materials and the equipment providing picking and operation of the technical systems falling under action of this agreement and also the corresponding documentation shall conform to requirements of systems of export control of the Parties and provide privacy of such transportations.

2. The loads mentioned in Item 1 of this Article are exempted from customs duty payment or other charges in case of their import to the territories of both states or export, and also transit through their territories.

Article 6

1. Financing of works on ensuring functioning of nodes of Mukachevo and Sevastopol, to their development and enhancement of the Party perform jointly.

2. From January 1, 1994 to January 1, 1996 the Parties perform financing of operating expenses on equal share basis.

Since January 1, 1996 the Russian Side refunds the operating expenses to the Ukrainian Side connected with content and functioning of nodes of Mukachevo and Sevastopol - in full.

The procedure for such financing (expense recovery) is determined in the Protocol to this agreement (Appendix N 2), including calculations on compensation basis for separate agreements (contracts) signed between the Ministry of Defence of the Russian Federation and the Ministry of Defence of Ukraine.

Article 7

The parties can make under mutual approval to this agreement additions and changes.

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