The Ministry of Defence of Ukraine held a working meeting on the implementation of the NATO Status of Forces Agreement (NATO SOFA). Participants discussed challenges related to the application of the Agreement, agreed on approaches to resolving them and identified areas for further amendments to Ukrainian legislation, particularly concerning criminal jurisdiction and claims procedures.
The Ukrainian Helsinki Human Rights Union partnered with the Ministry in organising the meeting. Discussions were based on a draft Implementation Plan jointly developed by the Ministry of Defence and the Union. The document outlines measures to address gaps in implementing the Agreement's provisions and identifies the authorities responsible for carrying them out.
Representatives of 18 state institutions attended the meeting, including ministries, law enforcement agencies, the General Staff of the Armed Forces of Ukraine and the National Bank of Ukraine. Attendance was twice as high as expected, highlighting the importance of incorporating the Agreement's provisions into national legislation.
The event was held with the support of the UK's Special Defence Adviser Programme.
What the Agreement covers and why its implementation matters
The Agreement defines the legal status of the armed forces of participating states when they are present on the territory of another participating state. It regulates entry and departure procedures, criminal and disciplinary jurisdiction, compensation for damages, and customs and taxation matters.
For Ukraine, the provisions of NATO SOFA apply through the agreement established under NATO's Partnership for Peace programme (PfP SOFA).
Proper implementation of these provisions is particularly important in the context of potential security guarantees for Ukraine.
Key issues discussed by participants
Discussions focused on the practical application of the Agreement's provisions and the legislative amendments required.
Representatives of the Office of the Prosecutor General and the Ministry of Justice of Ukraine shared their experience in applying provisions concerning criminal jurisdiction. Participants also considered possible amendments to Ukraine's Criminal Procedure Code.
Separate discussions addressed:
- Procedures for handling claims and compensating damages;
- The current state of customs regulation and opportunities for improvement.
Taxation issues arising from the application of the Agreement were also a focus of the meeting.
Next steps for the Ministry of Defence
The meeting marked another stage in the Ministry of Defence's ongoing efforts to implement the Agreement.
One important achievement of this work has been the revision of the Agreement's official Ukrainian translation, published on the Verkhovna Rada of Ukraine's website.
The translation was prepared at the initiative and with the direct involvement of the Ministry of Defence, in cooperation with other relevant government bodies, including the Ministry of Foreign Affairs of Ukraine, the Ministry of Justice of Ukraine, the Office of the Prosecutor General and the Ministry of Internal Affairs of Ukraine.
Following the meeting, participants agreed to hold additional consultations based on the proposals developed during the discussions.
The Ministry of Defence of Ukraine will continue its systematic efforts to incorporate the Agreement's provisions into national legislation.
