Ministry of Foreign Affairs
Donetsk People's Republic

Statement by Natalia Nikonorova regarding the publication of the Protocol of the Contact Group mitting

17 June 2020
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Recently, we have been observing that the discrepancy between the statements of the Ukrainian authorities in the media and their real behavior within the Minsk platform is becoming increasingly apparent. The Ukrainian party is trying to create a beautiful illusion of its full and unconditional commitment to the Minsk agreements, but in reality the situation is different.
We decided to publish the Protocol of the Contact Group meeting, held in the form of a video conference on June 10 and 15. We urge to pay particular attention to the positions of Ukrainian representatives regarding the Package of Measures approved by the UN Security Council, the stubborn reluctance to conduct a substantive dialogue on the most pressing issues, including the coordination of humanitarian corridors though checkpoints, and negligent attitude not only to previously stated commitments from previous meetings, but also to their own promises.
This protocol was sent in the prescribed manner through the OSCE Technical Center to all participants of the negotiation process. Now we have received this protocol with the signature of one of the intermediaries - the Russian Federation. Such a reaction, obviously, means the agreement of Russia representatives with our reflection of the meeting’s course.
We invite not only the media and public to familiarize with the text of this protocol, but also representatives of the guarantor countries of the Minsk Agreements, since many positions of the Ukrainian party should raise fair questions and further proceedings, including at the level of the Normandy Four states.

 

Protocol No. 7
of the meeting of the Trilateral Contact Group
June 10, 15, 2020 


 
CHAIRMAN: Ambassador H. Grau, Special Representative of the OSCE Chairperson-in-Office
 
ATTENDED BY:
First Deputy Plenipotentiary of Ukraine            A.Yu. Reznikov

Deputy Plenipotentiary of Ukraine                A.A. Merezhko

Plenipotentiary of certain areas 
of Donetsk region                            N.Yu. Nikonorova

Plenipotentiary of certain areas 
of Lugansk region                            V.N.Deinego

Plenipotentiary of the Russian Federation            B.V. Gryzlov

Special Representative of the Russian Federation        A.R. Kulmukhametov

Coordinator of the group on political issues            P. Morel

Coordinator of the group on security issues            Y.H. Cevik

Coordinator of the group on humanitarian issues        T. Frisch

 
Coordinator of the group on economical issues            U. Brandenburg

Representative of Ukraine in the group on political issues    A.E. Kostin

Representative of certain areas
of Donetsk region in the group on political issues            N.S. Mikhailova

Representative of certain areas 
of Lugansk region in the group on political issues            R.V. Miroshnik

Representative of the Russian Federation 
in the group on political issues                        A.S.Dmitrievsky

Representative of Ukraine in the group on security issues    A.N. Polishchuk

Representative of certain areas 
of Donetsk region in the group on security issues            A.Yu. Nikonorov

Representative of certain areas
 of Lugansk region in the group on security issues            R.V. Ivanov

Representative of the Russian Federation 
In the group on security issues                        M.Yu. Bushmelev

Representative of Ukraine 
in the group on humanitarian issues                     G.N. Tretiakova

Representative of certain areas 
of Donetsk region in the group on humanitarian issues        D.V. Morozova

Representative of certain areas 
of Lugansk region in the group on humanitarian issues        O.A. Kobtseva

Representative of the Russian Federation 
in the group on humanitarian issues                    V.A.Soloviev

Representative of Ukraine in the group on economical issues    Yu.A. Sviridenko

Representative of certain areas 
of Donetsk region in the group on economical issues        L.V. Tolstykina

Representative of certain areas 
of Lugansk region in the group on economical issues        E.N. Kostenko

Representative of the Russian Federation 
in the group on economical issues                    D.Yu. Semenov

 

1.    On additional measures to ensure a stable ceasefire 
(Cevik, Grau, Polishchuk, Reznikov, Nikonorova, Deinego, Gryzlov)


 1.1. Take into account: 
1.1.1. report of Y.H. Cevik, Coordinator of the working group on security issues; 
1.1.2. ORDLO (certain areas of Donetsk and Lugansk region)) information on the shelling resumption of ORLO (certain areas of Lugansk region) territory from 10 June 2020 and ongoing shelling of ORDO (certain areas of Donetsk region) territory, which leads to injuries and deaths of civilians and damage to civilian infrastructure; 
1.1.3. readiness of ORDLO to agree, sign and comply with the list of additional measures for strengthening and monitoring compliance with the general and unlimited ceasefire; 
1.1.4. Ukraine’s refusal to agree on a list of additional measures for strengthening and monitoring compliance with the general and unlimited ceasefire.

 

2. On the disengagement of forces and hardware 
(Cevik, Grau, Polishchuk, Reznikov, Nikonorova, Deinego, Gryzlov)


 
2.1. Take into account:
2.1.1. report of Y.H. Cevik, Coordinator of the working group on security issues;
2.1.2. Ukraine’s refusal to approve four additional sections of the disengagement of forces and hardware with the coordinates, which were submitted by ORDLO at the meeting on March 26, 2020 and which had not previously provoked objections among the negotiators. 
 2.2. Ukraine should submit the coordinates of the section proposed for the disengagement of forces and hardware in the area of the village of Shumy by June 11, 2020.

 

3. On mine clearance 
(Cevik, Grau, Polishchuk, Reznikov, Nikonorova, Deinego)


 
3.1. Take into account:
 3.1.1. report of Y.H. Cevik, Coordinator of the working group on security issues, on the receipt of proposals by ORDLO (April 4 and 5, 2020) and Ukraine (May 25, 2020) for inclusion in the agreed mine clearance plan; 
3.1.2. information of Ukraine on the lack of proposals by the Ukrainian delegation of the ORDLO representatives. 
3.2. TCG coordinator, Ambassador H. Grau, taking into account the frequent statements of Ukraine on non-receipt of proposals by ORDLO, shoul ensure the transfer of ORDLO proposals to the Ukrainian side in accordance with the established procedure against acknowledgement of receipt by the authorized official of Ukraine by June 12, 2020. 
3.3. The working group on security issues should submit to the TCG next meeting an agreed mine clearance plan and a draft of the relevant decision for approval at the TCG meeting.

 

4. On political and legal issues of settlement 
 (Morel, Grau, Reznikov, Kostin, Deinego, Nikonorova, Miroshnik, Mikhailova, Gryzlov)


 
4.1. Take into account: 
4.1.1. the information of P. Morel, Coordinator of the working group on political issues, that the draft amendments to the Law on special status, submitted on May 25, 2020, aimed at integrating the Steinmeier’s Formula and ensuring the functioning of special status on an ongoing basis, can be taken as a basis for further discussion; 
4.1.2. Ukraine’s refusal to introduce into the Ukraine’s Constitution the provisions establishing the ORDLO special status; 
4.1.3. the absence of the draft Law of Ukraine “On amendments and additions to the Law of Ukraine “On the special procedure for local self-government in certain areas of Donetsk and Lugansk regions” prepared by Ukraine, which provides the integration of Steinmeier’s Formula and ensures the functioning of ORDLO special status on a permanent basis, as well as Ukraine’s failure to provide proposals (amendments) to the relevant bill submitted by ORDLO on May 25, 2020;
4.1.4. ORDLO position that the refusal to introduce provisions enshrining a special status in the Constitution of Ukraine is a direct violation of the Package of Measures, excludes the possibility of providing any guarantees of special status on an ongoing basis and is a significant obstacle to achieving and ensuring the sustainability of a political settlement of the conflict; 
4.1.5. the lack of written Ukraine’s proposals on the procedure for coordinating political and legal aspects of conflict resolving with the ORDLO representatives in accordance with the Package of Measures to implement the Minsk agreements (including the procedure for determining the persons authorized to carry out such an agreement from the side of ORDLO);
4.1.6. the lack of written Ukraine’s proposals on the list and schedule of consideration of legislative Ukraine’s acts that should be adopted for the political settlement of the conflict, including for holding of early local elections in ORDLO (taking into account recommendations of the "Normandy format" leaders of December 9, 2019); 
4.1.7. Ukraine’s position that discussion of the special status and other legislative acts related to the political settlement of the conflict is possible only after providing security guarantees for the holding of extraordinary local elections in ORDLO;
4.1.8. ORDLO position that the security issues of the early local elections holding in ORDLO, including the disarmament of illegal armed groups, shall be regulated by the legislative acts of Ukraine agreed with the representatives of ORDLO referred to in clause 4.1.6. (including the law of Ukraine on the ORDLO People’s Militia) and that without the adoption and enactment of these laws by Ukraine, under “verbal” security guarantees, guaranteed holding of elections in accordance with Ukrainian legislation is objectively impossible.

 

5. On the exchange of detained persons 
(Frisch, Grau, Tretyakov, Reznikov, Nikonorova, Deinego, Gryzlov)


 
5.1. Take into account: 
5.1.1. the report of T. Frisch, Coordinator of the working group on humanitarian issues, on the lists of persons to be released and exchanged by ORDLO, as well as on the absence of Ukraine's proposals for a further exchange of held persons. 
5.2. Ukraine and ORDLO: 
5.2.1. by June 19, 2020, should provide complete updated lists of persons requested for release and exchange; 
5.2.2. by July 3, 2020, should submit lists of persons subject to release and exchange, indicating the status of each person (“determined - agree to the exchange”, “agree to the exchange - prepared for the exchange”, “determined – do not agree to the exchange”, “not determined").

 

6. On the operation resumption of entry-exit checkpoints on the contact line temporarily that are closed due to the epidemiological situation 
(Frisch, Grau, Tretyakova, Reznikov, Nikonorova, Deinego, Gryzlov)


 
6.1. Take into account: 
6.1.1. information from Ukraine on preparations for the partial resumption of the checkpoints operation through the contact line in the context of ongoing quarantine; 
6.1.2. ORDLO information about the need for the parties to agree on the timing of the renewal of the checkpoints and a unified (simultaneous) procedure for people to pass through the contact line in order to prevent the deterioration of the epidemiological situation and the inadmissibility of Ukraine’s unilateral steps to resume the checkpoints’ operation; 
6.1.3. ORDLO written proposals on the timing of the operation renewal of the checkpoints and the admission procedure specified in clause 6.1.2. 
6.2. to the next meeting of the working group on humanitarian issues Ukraine should provide written comments on the ORDLO proposals, as well as provide direct working interaction with ORDLO representatives in order to agree on a unified (simultaneous) procedure for allowing people to pass through the contact line. 
6.3. Recognize unacceptable unilateral actions to pass through the contact line for the period of the coronavirus pandemic, taking into account that such actions jeopardize the life and health of citizens.

 

7. On the opening of checkpoints of entry-exit in the village of Zolotoe and Schastie
 (Frisch, Grau, Tretyakov, Reznikov, Nikonorova, Deinego, Gryzlov)


 
7.1. Take into account: 
7.1.1. Ukraine’s failure to fulfill the obligation to provide necessary security guarantees for the entire work period at two additional checkpoints near the settlements "Zolotoe" and "Schastie" of the Lugansk region, associated with the simultaneous opening of these checkpoints; 
7.1.2. ORLO information about the objective impossibility of ensuring the simultaneous checkpoints opening on August 31, 2020 in the conditions of Ukraine's failure to fulfill the obligations specified in clause 7.1.1., and the need to adjust the schedule for the infrastructural arrangement of these checkpoints if Ukraine ensure the safety of work.

 

8. On measures to restore socio-economic ties 
(Brandenburg, Grau, Sviridenko, Merezhko, Nikonorova, Deinego, Kulmukhametov)


 
8.1. Take into account: 
8.1.1. report of U. Brandenburg, Coordinator of the working group on economical issues; 
8.1.2. Ukraine’s refusal to develop an agreed draft roadmap for restoring the socio-economic ties of Ukraine and ORLDO due to the fact that the restoration of such ties would be contrary to the current legislation of Ukraine. 
8.2. ORLO should pay for water supplied to the territory of ORLO by Ukraine on June 16, 2020 in accordance with the agreement reached.

 

9. On approval of the Tripartite Contact Group regulations 
 (Grau, Merezhko, Deinego, Nikonorova, Kulmukhametov)


 
9.1. To agree that paragraphs 1.1, 1.3 and 1.5 of section I of the TKG regulation will be stated as follows: 
“1.1. This Regulation defines the organization and activities of the Trilateral Contact Group (hereinafter - TCG). The participants of the TCG voluntarily commit themselves to adhere to this Regulation"; 
"1.3. TCG carries out its activities as a rule in the form of plenary meetings and meetings of working groups”; 
 "1.5. The TCG is coordinated by the Special Representative of the OSCE Chairperson-in-Office in Ukraine. The coordinators of the working groups are the representatives of the OSCE.” 
9.2. Take into account the following principled positions of Ukraine (A.A. Merezhko):
9.2.1. Taking into account that the Package of Measures was only “welcomed”, but not “approved” by the UN Security Council, it can not be a document, which contains important legal Ukraine’ obligations. So, Ukraine consider it as a document of recommendatory nature; 
9.2.2. Taking into account position prescribed in the item 9.2.1., Ukraine believes that the provisions of the Package of Measures, providing for coordination with the ORDLO representatives of the legal-political and legal aspects of the conflict settlement, do not impose any obligations on Ukraine, and therefore the status, rights and obligations of the ORDLO representatives in the TCG cannot be regulated by the TCG regulations.
9.3. Ukraine should further elaborate its official position on the status of the Package of Measures and submit official proposals by an authorized official on the limits and possibilities for Ukraine to use the Package of Measures as a legal basis for a peaceful political settlement of the conflict until June 19, 2020.
9.4. Ukraine, ORDLO, OSCE and Russian Federation should submit clause by clause proposal for TCG regulation with reference to the position of Ukraine submitted in accordance with item 9.3.

Ambassador H. Grau, 
Special Representative of the OSCE Chairperson-in-Office

Plenipotentiary of certain areas of Donetsk region    
N.Yu. Nikonorova

Plenipotentiary of certain areas of Lugansk region    
V.N.Deinego

Plenipotentiary of the Russian Federation            
B.V. Gryzlov

Agreed with:
Plenipotentiary of Ukraine 
L.D. Kuchma