The influence of international control mechanisms over the transfer of dual-use items on the development of national regulatory instruments in the relevant area

The article is devoted to the characteristics of key international instruments in the field of control over the transfer of dual-use goods and technologies and the specifics of their influence on the formation and development of the export control mechanism of Ukraine. Even though the foundations of international legal cooperation in the relevant field were laid by treaties in the field of non-proliferation of weapons of mass destruction (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on Biological Weapons, Convention on Chemical Weapons), its regulatory core consists of acts adopted within the framework of multilateral regimes (groups) of export control (Zanger Committee, Nuclear Suppliers Group, Australian Group, Missile Technology Control Regime, Wassenaar Agreement), which, however, are not legally binding. The simplified procedure for the adoption of regulatory instruments, which define the basic principles and establish requirements for the procedure for control over the transfer of dual-use goods and technologies, as well as determine their lists, within the limits of multilateral export groups, allows for a prompt response to the challenges faced by the international community, taking into account the dynamics of scientific and technical development and hence the emergence, among other things, of new materials, equipment, software, which can potentially be used to develop the latest types of weapons of mass destruction. At the same time, the lack of appropriate regulatory flexibility lies in the fact that the effectiveness of international cooperation in the relevant field directly depends on the conscientious observance by states of the guidelines of “soft” law acts. Currently, Ukraine is a party to all treaties in the field of non-proliferation of weapons of mass destruction and a member of key multilateral export control groups, which directly affected the specifics of the national system of control over the international transfer of dual-use goods and technologies. The national institutional and legal mechanism generally reproduces the key principles of control over the transfer of dual-use goods and technologies reflected in relevant international treaties and acts of multilateral export control groups. At the same time, the Single List of Dual-Use Goods needs to be updated in accordance with the changes in the lists of controlled goods reflected in the guidelines of multilateral export regimes.