CC BY
24Soroka Larysa
Ph.D. in Law, Associate Professor, Scientific Institute of Public Law (Kyiv, Ukraine)
https://orcid. org/0000-0002-69 79-6049 DOI: 10.24411/2520-6990-2020-11570
GENERAL CHARACTERISTICS OF THE CONTRACTUAL LEGAL FRAMEWORK OF THE
UKRAINIAN-CHINESE RELATIONS
Abstract.
In this article, the study of collections, legal documents, and interviews enables to analyse briefly the strategies of cooperation between Ukraine and China in space. These documents set out key principles and achievements in Ukrainian-Chinese relations, provide for the ideas of friendship between the two countries and the desire to actively build mutually beneficial cooperation in all spheres. Therefore, a productive legal framework is created for fruitful bilateral relations between Ukraine and China, and the leadership of the countries maintains regular political dialogue, including at the highest level, although a recent trend of slowdown in political relations occurs.
Keywords: bilateral relations, space programs, Ukraine, China, politics, space exploration.
Introduction. The current contractual legal framework for Ukrainian-Chinese relations consists of interstate, intergovernmental and interagency documents and is generally in line with current bilateral cooperation. As of August 2018, the contractual framework for bilateral relations totals 295 documents: 177 basic list documents (agreements and treaties) and 118 additional list documents (protocols of intergovernmental commmittees/subcommittees, contracts for training of military personnel, etc.).
The main documents governing political relations between Ukraine and the PRC are the Joint Communiqué on the establishment of diplomatic relations between Ukraine and the PRC (04 January 1992) [1], the Joint Ukrainian-Chinese Communiqué (31 October 1992 and 24 June 1995) [2], the Joint (Kyiv) Declaration between Ukraine and the People's Republic of China (06 September 1994) [3], Joint (Beijing) Declaration on development and intensification of friendship and cooperation relations between Ukraine and the PRC (04 December 1995) [4], the Joint (Kyiv) Declaration on strengthening friendship and comprehensive cooperation in 21st century (21 July 2001), the Joint (Beijing) Declaration of Ukraine and China (18 November 2002), the Joint Statement by Ukraine and the PRC regarding the comprehensive increase of Ukrainian-Chinese relations of friendship and cooperation (02 September 2010).
The Joint Declaration on establishing and developing strategic partnership relations between Ukraine and the PRC (20 June 2011) was signed during the last State visit to Ukraine of the President of the PRC in 2011.
During the last state visit of the President of Ukraine to the PRC (December 2013), the Treaty of Friendship and Cooperation between Ukraine and the PRC (ratification on May 15, 2014) [5], as well as the Joint Declaration of Ukraine and the PRC on further deepening of strategic partnership relations were concluded (both documents - December 5, 2013), and the Program of development of strategic partnership relations between Ukraine and the PRC for 2014-2018.
These documents set out key principles and achievements in Ukrainian-Chinese relations, provide for the ideas of friendship between the two countries and the desire to actively build mutually beneficial cooperation in all spheres. In addition, the importance of these documents, inter alia, is: signing, for the first
time in the history of bilateral relations, a legally binding treaty document that sets out key principles and underpins the further development of the UkraineChina strategic partnership; determining (for the first time in the history of bilateral relations) by the parties specific areas and industries for practical cooperation and joint projects up to 2018.
Main text. During the World Economic Forum in Davos (January 17, 2017), President of Ukraine met with President of the PRC Xi Jinping, and Heads of State expressed interest in intensifying political dialogue at the highest level and deepening economic cooperation between the PRC and Ukraine. In addition, they agreed to hold a meeting of the Ukrainian-Chinese Intergovernmental Commission on cooperation and on the Delegation of Ukraine to participate in 2017 Initiative Forum One Belt, One Way, to be held in the PRC in spring 2017. Moreover, Xi Jinping reiterated China's support for Ukraine's territorial integrity and sovereignty.
In May 2019, President-elect Volodymyr Zelen-skyi met with Ambassador of the People's Republic of China to Ukraine Do Wei and discussed the development of cooperation between the countries [6].
The parties maintain active inter-parliamentary relations. The Verkhovna Rada of Ukraine has an interparliamentary liaison team with the PRC [7]. A group on friendship with Ukraine, headed by the Chairman of the Committee on Foreign Affairs Fu Ying, operates at the National People's Congress.
At the end of 2016, Ukraine and China began preliminary consultations on the possibility of forming a free trade area between the two countries. In addition, China initiated the implementation of the "Silk Road Economic Belt" as part of the "One Belt, One Way" Initiative, which provides the development of trade relations between China and Europe, which, according to Du Vey, an Ambassador of the PRC to Ukraine, is unthinkable without Ukraine, given its successful geopolitical position.
Participants of the Ukrainian parliamentary hearings have already recommended to the Cabinet to consider consultations on creation of a free trade zone with the PRC, implementation of measures for Ukraine's accession to the "One Belt, One Way" Initiative, and also on negotiations on the possibility of Ukraine's involvement in the "16+1" framework of cooperation between the People's Republic of China and the coun-
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tries of Central and Eastern Europe. The relevant recommendations were even approved by the Verkhovna Rada of Ukraine Resolution No. 2069-VIII of 24 May 2017 [8], for which 228 MPs voted. By 1 June 2017, the Cabinet of Ministers was obliged to inform the Verkhovna Rada of Ukraine about the state of affairs in implementation of the recommendations of the parliamentary hearings approved by this Resolution. However, Ukraine does not currently have a strategy for developing further relations with China, and for the practical implementation of existing projects, arrangements and documents.
Therefore, a productive legal framework is created for fruitful bilateral relations between Ukraine and China, and the leadership of the countries maintains regular political dialogue, including at the highest level, although a recent trend of slowdown in political relations occurs.
Moreover, Ukraine has adopted a number of legislative initiatives to improve the country's investment climate:
• abolition of the requirement for state registration of foreign investments (Law No. 1390-VIII of May 31, 2016), according to which all foreign investments have an equal right to receive privileges and guarantees provided by the Law of Ukraine "On Foreign Investment Regime";
• removal of barriers to attract foreign investments by simplifying the procedure for employment of foreign workers, granting the right to obtain a residence permit in Ukraine to foreign investors who significantly participate in Ukrainian enterprises but are not employed in them (Law No. 2058-VIII of 23 May 2017);
• amendment of certain legislative acts of Ukraine on stimulating investment activity in Ukraine (Law No. 132-IX of 20 September 2019);
• the legal basis is the draft laws on: amendments regarding the development of domestic production by stimulating investment in the real economy through industrial parks; amendments of certain legislative acts of Ukraine regarding investment attraction facilitation and new financial instruments initiation [9] etc.
At the end of 2017, during the Ukrainian-Chinese Scientific and Technical Cooperation Forum, Deputy Minister of Education and Science of Ukraine Maxim Stryha said, "The People's Republic of China is one of our strategic partners in the field of scientific and innovative cooperation. And we see a number of areas where our cooperation can be enhanced: robotics, IT, new materials and nanotechnologies, aerospace technologies, environmental protection, transportation, life sciences, modern agricultural technologies". And this list is not exhaustive.
In China, there are far more successful companies using innovation than in other countries. They were formed mostly out of state-owned research institutes. Small technology firms are also developing exponentially. In due time, most of them were created within technoparks and business incubators, in which the State invested considerable funds. Integration of leading research institutions and higher education institutions with large industrial enterprises opens broad prospects. The Chinese experience is of interest to
Ukraine and our scientists contribute to the joint development of scientific and technical cooperation. Moreover, development of the Ukrainian space industry should be based on public-private cooperation, since the amendments to the Law of Ukraine "On Space Activity" [10] come into force in January 2020, accordingly private commercial enterprises are involved in space activity.
The international scientific-technical conference "Development of Chinese-Ukrainian scientific and technical cooperation within the initiative (One Belt, One Way)", held in October 2018, testifies that China pays considerable attention to cooperation with Ukraine in the scientific and technical area. The initiators and organizers were the Embassy of Ukraine at the PRC, the Chinese Association for International Scientific and Technical Cooperation, and the Qing-dao People's Government.
The Ukrainian delegation, headed by Academician Anatoly Zagorodny, NASU vice-president, includes representatives of a number of Academy institutions, in particular, E.O. Paton Electric Welding Institute, Institute of Engineering Thermophysics of NAS of Ukraine, I.M. Fratsevich Institute for Problems in Materials Science (IPMS) of NASU, Institute of High-Molecules Compounds Chemistry of NASU, Physic-Technological Institute of Metals and Alloys, Z.I. Nekrasov Iron & Steel Institute of NASU, as well as representatives of the Ministry of Education and Science of Ukraine and leading domestic universities, including: National Technical University of Ukraine "Igor Sikorsky Kyiv Polytechnic Institute", National Technical University "Kharkiv Polytechnic Institute", National Aerospace University "Kharkiv Aviation Institute" and Kharkiv National University of Radio Electronics.
During the conference, the Ukrainian delegation, headed by Oleh Domin, Ambassador of Ukraine to the PRC, met with Zhang Depin, Vice-Mayor of Qingdao. In the course of the meeting, the parties expressed mutual interest in further development of bilateral relations in economic, scientific, technical, cultural and humanitarian spheres, as well as in the format of interregional cooperation. At the conference, experts from both countries gave presentations of perspective developments, agreed on joint projects and concluded a number of cooperation agreements.
The considerable scientific and technical potential of bilateral cooperation predetermines its progressive, gradual development. Today, the challenge for the countries is to develop basic science.
Despite all problems, Ukrainian academic science holds a worthy place in the international arena, and Ukrainian scientists continue to demonstrate their competitiveness, thus forming a positive image of Ukraine in the world scientific community as a highly developed scientific State. Nowadays, academic institutions remain the focus on scientific, primarily fundamental, research, and continue to maintain rather high positions of Ukrainian science in world science. Therefore, Ukrainian scientists can take advantage of the situation to expand and deepen mutually beneficial contacts with China to ensure innovative development of both countries [11].
China also plans to promote new technologies that should enable to get rid of the Chinese economy de-
pendency on heavy industry and strive to take the lead in the most promising sectors of the world science and economy. The successes of innovation policy can be evaluated by the ability of enterprises, as major market players, to implement and produce innovations. China's foreign trade is focused on importing technologies that enable the development of new materials, telecommunications equipment, information and biotechnology products.
Therefore, it is required to create platforms to develop international cooperation in various fields, and above all, in science. In the context of deepening cooperation with the PRC in science and technology, further development of academic contacts through the establishment of direct relations between scientific institutions and organizations of both countries is a promising, cost-effective and encouraging area of international scientific and technical cooperation.
The considerable scientific and technical potential of bilateral cooperation creates preconditions required for its progressive, gradual development. for Ukraine, institutionalization of scientific and technical cooperation with China by creating mutually beneficial legal frameworks, providing for compromise forms mutually beneficial for both parties, is the calling of our time.
Ukrainian and Chinese scholars agree that academic institutions, scientists, and young inventors should be in constant close contact, filling their relationships with specific content. A special working group will be set up soon at the NAS of Ukraine to address the establishment of the China-Ukraine Science and Technology Innovation Center. The Center is considered as a future ground for the coordination of scientific and technical cooperation between two countries. Ukrainian representetives believe that the issues related to the creation of the center should not be delayed.
Professor Liao Bing clarifies the Chinese view of the Joint Center. According to him, it is expedient to agree on the list of areas, scientific research, which this center will support. Ukrainian and Chinese experts will identify worthy scientific projects together. Moreover, both basic research projects and delayed commercialization projects will be supported. The Center will also help accelerate the commercialization of the scientific results if needed. According to Liao Bing, the People's Government of Guangdong is ready to finance the creation of a joint Chinese-Ukrainian center totalling RMB 100 million [12].
China sees the full potential of Ukraine, its proximity to the European market and trade agreements with the EU expand opportunities for China in Ukraine. Thus, in addition to centers, an important promising aspect of expanding Ukrainian-Chinese cooperation in science and technology and innovation is the creation of joint scientific laboratories, scientific-educational and scientific-industrial integrated structures. Representatives of the scientific and technical sector of Ukraine and China are clearly aware of the need for in-depth development of bilateral cooperation in innovative and high-tech fields.
Moreover, as noted above, promising forms of Ukrainian-Chinese scientific and technical cooperation in the space field are its organizational forms such as "incubators", technopoles and technoparks. The
activities of "incubators", created at scientific institutions, should combine such areas as scientific consulting, preliminary examination of projects, financial support through venture funding mechanisms, etc.
In addition, technopoles and technoparks' activity should not be limited to innovative development and implementation of their results in production, such structures may be centers of international cooperation in publishing, service, formation of socio-cultural environment of innovative activity.
Conclusions. Presently, preconditions for activating technology transfer between our country and China have been made. In this area, Ukraine can promote the presence of Chinese companies in European markets, and from this perspective the successful European integration of our country is beneficial for the Chinese side. The participation of scientists and specialists of both countries in the implementation of joint projects in the space industry will help to revive the Ukrainian-Chinese investment cooperation, which has not fully met China's capabilities and Ukraine's needs yet. It is the realization of joint projects in science that will enable in the future to reach the creation of new high-tech industries and enterprises.
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4. Declaration on development and deepening of relations of friendship and cooperation between Ukraine and People's Republic of China of 04.12.1995. (1995). https://zakon.rada.gov.ua/laws/show/156_057
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