Ukraine’s Defense Ministry is working with other state institutions on legal changes needed to implement NATO’s Status of Forces Agreement, including rules on criminal jurisdiction and damage claims, the ministry said.
In an Oct. 27 statement, the ministry reported that representatives of 18 state institutions discussed difficulties applying the agreement. They agreed on ways to address those problems and identified Ukrainian laws that may need changes.
NATO SOFA sets the rules for one participating country’s armed forces while they are in another participating country. Those rules cover entry and departure, criminal and disciplinary jurisdiction, damage compensation, customs and taxes.
For Ukraine, the rules apply through the Partnership for Peace Status of Forces Agreement, known as PfP SOFA. The ministry linked the need to put them into practice to possible security guarantees for Ukraine.
The Ukrainian Helsinki Human Rights Union helped the ministry organize the meeting. The two had drafted an implementation plan setting out what needs to be done, where gaps remain and which institutions would handle the work.
Representatives of the prosecutor general’s office and the Justice Ministry shared their experience applying criminal jurisdiction rules. Participants also considered possible amendments to Ukraine’s Criminal Procedure Code.
Other discussions covered procedures for reviewing claims and paying compensation for damage, existing customs rules and possible improvements, and tax issues arising from the agreement.
Those attending included representatives of ministries, law enforcement agencies, the Ukrainian armed forces’ General Staff and the National Bank of Ukraine. Attendance was twice the expected level, the ministry reported. The UK Special Defence Advisor Programme supported the meeting.
The ministry cited an updated official Ukrainian translation of the agreement, published on parliament’s official website, as one result of its implementation work.
The defense ministry initiated and helped prepare the translation with other authorities, including the foreign, justice and interior ministries and the prosecutor general’s office.
The statement also referred to an earlier ministry announcement that Ukraine would, for the first time, be able to purchase military equipment through the NATO Support and Procurement Agency. The ministry said this would also create opportunities for Ukraine’s defense industry to receive and provide services through the agency.
Participants agreed to hold further consultations on proposals developed at the meeting. The defense ministry said it would continue working to incorporate the agreement’s provisions into national law.
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