How Parliament Would Approve Peacekeepers in Ukraine

Article by ALI for Ukrainska Pravda 

In recent months, discussions around peace negotiations have intensified significantly. This is particularly linked to the return to power of Donald Trump in the United States, who during his election campaign emphasised his desire to end the war and go down in history as a peacemaker. So far, however, we have only seen pressure on Ukraine and concessions to the Kremlin’s wishes.

Nonetheless, talk of a potential end to the war has not subsided, and the key question now is not whether negotiations are possible, but under what conditions they would take place. The most pressing and controversial issue at present is: what security guarantees can Ukraine receive?

While Ukraine continues to insist on NATO membership as a security guarantee, the more likely scenario at this point appears to be the deployment of peacekeeping units from the armed forces of other countries on Ukrainian territory. Such statements have already been made by political leaders in  Denmark, Еstonia and the United Kingdom.

However, throughout the negotiation preparation process, the absence of Parliament is noticeable. Regardless of the scenario, the Verkhovna Rada of Ukraine — as the country’s sole legislative body — will be one of the key actors in adopting decisions on behalf of Ukraine. 

So, what role would the Verkhovna Rada play in ending the war? And what actions must Ukraine take if agreements are reached on the deployment of foreign military contingents on its territory or the possible establishment of a buffer zone?

It is important to note that we are not advocating for or expressing support for this particular scenario of ending the war. Rather, we aim to broadly outline how such a scenario could be implemented and what role the Verkhovna Rada of Ukraine would play. This analysis is crucial in the context of potential political destabilisation and challenges to legitimacy that Ukraine may face in 2025.

In general, the establishment of a buffer zone is not new to Ukraine. In 2014, following the so-called Minsk Agreements, a “line of contact” was formed — essentially a buffer zone with opposing forces positioned on either side. Moreover, Ukraine has extensive experience in hosting foreign military forces, particularly those of NATO member states (albeit under the pretext of joint exercises). The key law enabling the presence of foreign armed forces on Ukrainian territory was adopted by Parliament back in 2000. However, this does not mean that the Verkhovna Rada’s involvement would be limited.

Let us consider scenarios in which a foreign military contingent might be present in Ukraine as a security guarantee. This could involve a UN contingent (1), a European Union force (2), or troops from individual countries (3). Each of these scenarios has its own specifics, but all require the conclusion of a peace agreement.

Such an agreement would provide a solid basis for Ukraine to appeal to the UN Security Council or the Council of the European Union to deploy peacekeeping forces on its territory. In the case of an agreement with individual countries, third parties would need to be involved, and zones, capabilities, and conditions for the deployment of foreign military units would have to be defined. These arrangements must be formalised through a multilateral international treaty. At the same time, the multilateral treaty must comply with the requirements established by Ukrainian law — that is, it must contain information on the composition, structure, and other characteristics of the foreign forces; the location and boundaries of deployment areas; and restrictions on the movement of their military and civilian personnel, among other provisions.

The next step is the adoption by the Verkhovna Rada of a law recognising the binding nature of such a multilateral treaty for Ukraine, in line with the requirements of the Law on International Treaties.

In this context, it is important to recall that it is Parliament that will ratify the treaty. According to subparagraphs 23 and 32 of Article 85 of the Constitution of Ukraine, it is the Verkhovna Rada that, by adopting a law, ratifies Ukraine’s international treaties and directly approves decisions both on sending units of the Armed Forces of Ukraine abroad and on admitting foreign armed forces to the territory of Ukraine.

Next, in the case of the first and second scenarios, the Verkhovna Rada must prepare an appeal to the United Nations Security Council or the Council of the European Union.

It is important to note that a resolution to deploy peacekeeping missions to a specific country must be supported by at least nine of the 15 members of the Security Council. Moreover, it must receive affirmative votes from all five permanent members — including the Russian Federation. Therefore, this scenario appears to be the least realistic.

The final step is the formation and deployment of military units from third countries on the territory of Ukraine as part of a peacekeeping mission.

It is essential that this entire process proceeds in a coordinated manner and in compliance with Ukrainian legislation. Therefore, Parliament must begin developing and adopting the necessary legislative acts in parallel with the start of negotiations. Particularly, this concerns the previously mentioned Law “On the Procedure for Admitting and the Conditions for the Presence of Units of the Armed Forces of Other States on the Territory of Ukraine”.

Among the most important amendments to this law, the following should be highlighted:

  • Provide for the possibility of deploying troops from third countries for peacekeeping purposes. Currently, the law does not allow individual countries to deploy their forces to Ukraine for peacekeeping without a decision from the UN or the EU, although foreign armed forces may be admitted to fight alongside Ukraine against the aggressor.
  • Regulate issues related to additional requirements for an international treaty, should the need arise; the use of real estate, Ukraine’s airspace, navigational, hydrographic, and informational support by the peacekeeping military contingent; the provision of utilities, household and other services; and the procedures for border and customs control for peacekeeping personnel.

Once agreements on peace (a truce) have been reached and there is clarity regarding which peacekeeping forces will be deployed on the territory of Ukraine, Parliament will need to adopt legislative acts to regulate the following issues:

  1. The definition and status of a buffer (demilitarised or sanitary) zone, including the delineation of its territorial boundaries.
  2. Rules for interaction between the peacekeeping contingent and Ukrainian state authorities and the civilian population residing (or present) in this zone.
  3. Conditions for the residence or presence of civilians in the zone.
  4. Rules governing the activities of Ukrainian state authorities and the provision of public, medical, and banking services to the population in this special zone.
  5. Business operations.
  6. The payment of taxes, duties, and other mandatory contributions in this territory.

All the aforementioned amendments to existing legislation — and the need for new laws — address only one issue: the deployment of peacekeepers. However, the challenges we will face after a ceasefire are far broader. The pace at which our negotiating positions are changing and the uncertainty surrounding the preparation process for these negotiations suggest that the work on legislative changes must begin now — as there may not be enough time later. The process is already under way, which is why the active involvement of Parliament is essential.

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