Convention on the law of the sea cannot be used When considering the conflict with the detention of the Ukrainian vessels in the Kerch Strait, but the international court United Nations law of the sea has no jurisdiction to hear such discussions. So in Russia said the Decision of the Tribunal in Hamburg.
Today, the court according to the law of the sea ruled on the suit of Kiev and ruled that the Russian Federation must free the 24 Ukrainian soldiers and return 3 ship captured in November in the Kerch Strait.
The court does not consider it necessary to demand from the Russian capital to stop the criminal prosecution of seafarers and to refrain from the institution of new proceedings.
The decision of the Tribunal in Hamburg are final and binding on the disputing parties. Russia and Ukraine are obliged to submit their reports no later than June 25.
Hearings on the case went to the Hamburg Tribunal since may 10. But Russia said in advance that they will not to take part, Because the Tribunal has no jurisdiction To review that conflict. This position was confirmed by the foreign Ministry.
the Ministry noted that in this case the Convention of the United Nations law of the sea cannot be used, and emphasized that the Russian Federation wants to consistently defend his position, as well as among them the lack of arbitration jurisdiction to consider This situation.
in Crimea, told that the Decision of the Hamburg Tribunal shall not be enforceable.
head of the working group on international legal issues At the permanent mission of the Crimea Under the President of Russia Alexander Moloch called the Decision illogical and emphasized that it is not unanimous: some judges expressed a dissenting opinion.
According Malkova, the court placed special emphasis on the immune system of military courts and humanitarian aspects.
"I think that there is no immunity for arrested Ukrainian sailors, who is charged with a criminal violation of the law, does not apply. If they are POWs, not criminals, as claimed by the Ukrainian side, the Convention on the law of the sea moreover, does not regulate the activities of the military courts, this is a different field of public international law, " he said.
The MP of the state Duma, the 1st Deputy head of the Department of defense Alexander shereen considers demanding the release of Ukrainian ships and sailors political.
"As to this Decision very the most States have denied Russian entry into the ports of our courts. For us Today, nothing will change, " he said Last news .
The MP added that he sees no reason to implement the decision of the Tribunal.
The decision of the Tribunal on the law of the sea have For the Russian Federation legal force, said Last news, candidate of juridical and political Sciences, Professor of Ranepa Under the President of Russia Kira Sazonova.
She explained that the Russian Federation, by signing the document on the establishment of the Tribunal and the Convention of the United Nations law of the sea, made an important reservation: the jurisdiction of the Hamburg Tribunal will not be bound If any business will concern specifically the national sovereignty and security.
She said that after the reunification of the Crimea with Russia, all that concerns the Kerch Strait, refers to issues of internal sovereignty.
"for this reason, the court does not need us, and we are absolutely stacked in the reservation. In principle, the Russian Federation is absolutely not to worry and relax, " She said.
General Director of research Agency Infranews, a transport expert Alexei Bezborodov said, adding that Russia was undoubtedly to enforce the Decision of the Hamburg Tribunal.
"The Maritime court is competent to decide commercial discussions and questions, all that concerns the sovereignty of countries that are not within its jurisdiction. Court - high point commercial arbitration from the perspective of conflict that was not resolved in the local arbitration. Refusal to participate in the process, the failure to file appeals and not response to calls to participate in the process is the initial rejection of any Solution that has the ability to be made ", - he said.
Twenty-5 November, two small armored artillery boats of the Ukrainian Navy "Berdyansk" and " Nikopol ", as well as inshore tug "Yana Kapu" violated the Russian border in the Black sea and a couple of hours maneuvered in a dangerous manner, not responding to the legitimate demands of the Russian authorities.
The guards tied the ships, they had to use weapons. Three Ukrainian sailors were slightly injured. Just inside were 24 military, and among them two employees of the SBU. Later all of them were arrested on charges of illegal crossing of the state border.
Vladimir Putin drew attention that the border Guards carried out their own duty to protect the borders of Russia. The incident in the Kerch Strait, according to the head of the country, was prepared in advance by the provocation that took Petro Poroshenko for his low ratings in early presidential elections.