Russian MP Konstantin Zatulin and Senator Sergey Tsekov submitted to the State Duma a bill to repeal the decision to transfer the Crimean region from the RSFSR to the Ukrainian SSR in 1954 d. The relevant bill has been published in the Duma’s electronic database, reports TASS.
According to Article 1 of the draft federal law, the decision on the transfer of the Crimean region from the RSFSR to the Ukrainian SSR, adopted in 1954 with normative legal acts that have no legal force, in violation of the Constitution of the RSFSR and the Constitution of the RSFSR of the USSR, it is proposed to declare it illegalinconsistent with the basic principles of the rule of law and international law.
As stated in the explanatory note, the document aims to “to clean up the legal legacy of the Russian Federation as the legal successor of the USSR and the RSFSR from minor actions that have no legal basis, but give rise to lawlessness, political crimes based on the abuse of power, which caused enormous harm to the sovereign rights of the Russian Federation and the interests of the Russian Federation.”
Parliamentarians note that according to the Constitution of the USSR of 1936, the state bodies of the Union did not have the right to make decisions on the transfer of territories from one union republic to another, they were only entitled to approve changes in the boundaries between them.
The drafters of the bill also note that a referendum on Crimea’s belonging was not held in 1954, unlike in 2014.
“Therefore, the acts of 1954 on the transfer of the Crimean region from the RSFSR to the Ukrainian SSR were adopted by state bodies of the RSFSR, the Ukrainian SSR and the USSR, which were not competent to decide such mattersin violation of the constitutions of the then-existing RSFSR, Ukrainian SSR and USSR,” the explanatory note says.
Zatulin and Tsekov also point out that the decision was made by the USSR in favor of the Ukrainian SSR – which, like the RSFSR, was part of the UN at the time. “Hence the USSR, the RSFSR and the Ukrainian SSR were fully subordinated to the requirements of the UN Charter, according to which the relations between them were to be based on the principle of “sovereign equality” and to be formalized with international legal acts, i.e. interstate treaty or agreement. This requirement is not met“, – is emphasized in the accompanying documents.
Parliamentarians note that in their opinion 60 years later, historical justice has been restored, when, following the results of the all-Crimean referendum held on March 16, 2014, the peninsula became part of the Russian Federation. They are convinced that Russia, as the legal successor of the USSR, has the right and must recognize the decision to transfer the Crimean region as illegalcriminal and without legal consequences and to cancel it “not only for reasons of restoring historical justice or “proving what has been proven”, that is, the return of Crimea and Sevastopol to the Russian Federation based on the 2014 referendum.”
History of the Crimean Treaties
• In February 1954, the authorities of the USSR issued a decree “On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR”. “Taking into account the territorial affiliation of the Crimean region to the Ukrainian SSR, the commonality of the economy and the close economic and cultural ties between the Crimean region and the Ukrainian SSR,” the decree says.
• On April 26, 1954, a session of the Supreme Soviet of the USSR approved changes to the constitutions of the RSFSR and the Ukrainian SSR regarding the composition of their territories. Crimea legally became part of Ukraine.
• After the collapse of the Soviet Union, Ukraine and Russia signed several new treaties that recognized the countries’ territory since 1991.
• On March 17, 2014, after the Russian troops, but in the form of military personnel without insignia, the so-called green men entered Crimea and took control of the main military and government facilities, Russian President Vladimir Putin signed a decree on the recognition of the Republic of Crimea as an independent state, and a day later – an agreement on the inclusion of Crimea in the Russian Federation. The Russian president admitted half a year later that the so-called green men are a regular Russian army.
• Crimea is officially recognized as part of Russia by only six countries in the world: Venezuela, Nicaragua, Syria, Afghanistan, North Korea and Cuba.
• The annexation of Crimea has been repeatedly condemned by resolutions of the UN General Assembly.
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2024-03-11 17:11:51
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