Thursday, April 2, 2015

Crimea State Council of the Republic is obliged to adopt a declaration on Ukrainian occupation of the Crimea

Crimea State Council of the Republic is obliged to adopt a declaration on Ukrainian occupation of the Crimea




RUSSIA UKRAINE must present a bill for illegal possession of Crimea State Council of the Republic is obliged to adopt a declaration on Ukrainian occupation of the Crimea! As reparations necessary to require the use of Ukraine's Donbass 23 years.


December 5 last year, exactly 20 years since the signing of the Budapest Memorandum, we have a joint press conference in the framework of the "Crimean Initiative" was announced that Ukraine was the first to break this international agreement.


At the time of signing the Budapest Memorandum in 1994 Ukraine's sovereignty does not extend to the Crimea and Sevastopol, since at that point on the peninsula acting Constitution of the Republic of Crimea on May 6, 1992, is in fact the basic law of the sovereign independent state.


We have also noted that Ukraine since 1945 is a subject of international law and one of the founders of the United Nations.She entered the UN without the Crimea and Sevastopol. Since there is no legal documents, including the Crimea and Sevastopol in the national territory of Ukraine.


Almost immediately after the press conference, December 8, the radio station "Russia Today" Chairman of the State Council of the Republic of Crimea Vladimir Konstantinov said the UN in 1945 Ukraine, adopted in the structure without the Russian Crimea, and therefore challenge the current status of the peninsula is meaningless. "


After World War II Ukraine, the Soviet Union and Belarus have become members of the UN. Ukraine became a member of the UN within the borders without the Crimea Crimea was part of the RSFSR. This is a very important detail that we even missed - is the recognition of the UN borders of Ukraine without the Crimea ", - said the speaker of parliament, duplicated, in principle, the thesis expressed by us a few days earlier.


Therefore, in his opinion, the "no reasonable politician in the world raises the question of the Crimea." "It is very detailed and true discusses the general crisis in Ukraine, the problem of the Southeast, but the problem of the Crimea is not discussed", - said Konstantinov. And here let me disagree. There are big problems with the international recognition of the Russian Crimea and Sevastopol.


Western sanctions hurt the daily beating and the Crimea, and Russia as a whole. If Konstantinov does not notice or tries not to notice, it does not mean that these problems do not. But they would not be if the power in the Crimea were not random people, temporary worker, who simply had to make the decision to hold a referendum and subsequently entering the Republic of Crimea to Russia.


Yesterday's minions neobanderovskogo occupation regime of the Ukrainian Party of Regions did so only in order to continue to stay in power. They are unprofessional and amateurish from a legal point of view of action in March 2014 further complicated the international legitimacy of the Russian the status of Crimea and Sevastopol, and largely prevented now a political settlement of the situation in the New Russia.


But immediately after the overthrow of President of Ukraine Viktor Yanukovych number of public organizations and movements Peninsula made a demand for the immediate resumption of the Constitution of the Republic of Crimea on May 6, 1992. It was only after the situation would be played out to the 1992 Constitution, based on it legitimately could be to hold a referendum on the reunification of the Crimea with Russia.


Article 104 of the Constitution of the Republic of Crimea of 6 May 1992 provides that the legislature can be implemented in order Crimean average referendum. The Constitution is the ARC in 1998 did not allow such rights and included a merely consultative local referendum on minor issues! It is very important fact is that the procedure for cancellation of the Constitution of the Republic of Crimea on May 6, 1992 was not followed.


There is documented evidence of this. At the time, the chairman of the Standing Committee of the Verkhovna Rada of the ARC for rulemaking, the organization of the Verkhovna Rada and Public Affairs Konstantin Baharev in response to the request of the Popular Front "Sevastopol-Crimea-Russia" reported that "the decision to abolish the Constitution of the Republic of Crimea on May 6, 1992 the Supreme Council of Crimea has been taken. "


In Article 111 of the 1992 Constitution clearly stipulates that "the powers that are the exclusive competence of the Supreme Council, include the adoption of the Constitution, constitutional and other laws of the Republic, making amendments and additions."


Therefore, the Crimean Constitution in 1992 had to cancel a separate law only republican parliament, rather than the Supreme Council of Ukraine, as it did 17 March 1995 its Law №92 / 95-VR "On the abolition of the Constitution and the laws of some of the Autonomous Republic of Crimea."


However, in the spring last year, the Supreme Council of the ARC did not go on this way, for fear of coming to power the popularly elected President of Crimea Yuri Meshkov. And a very good reason. Bags are not eager to power and immediately after reinstatement under the 1992 Constitution, would resign.


But in the Republic of Crimea appeared to political and legal status, which had already been recognized by the international community. This status allows the Crimea to hold a referendum on any issue of their identity and national self-determination. Recall that the Constitution of the Republic of Crimea, as amended on May 6, 1992 proclaims the Republic of Crimea legal, democratic state.


On its territory, the Republic exercises its sovereign rights and all power and all authority except for those which it voluntarily delegates Ukraine. The competence of the Republic of Crimea established by the Constitutional Law of the Republic. We believe that no harm will be a reminder that the 1992 Constitution was adopted in response to the results of the referendum Crimean average 20 January 1991 on the restoration of the Crimean Autonomous Soviet Socialist Republic as a subject of the Union and member of the Union Treaty. And the results anyone and never been questioned. Instead, on March 11 adopted a Declaration of Independence of the Republic of Crimea.


It provides that "if the result of the upcoming March 16, 2014 of direct expression of the peoples of the Crimea will decide to join the Crimea, including the Autonomous Republic of Crimea and Sevastopol city, a part of Russia, Crimea after the referendum will be declared an independent and sovereign state with a republican form of government. " Although in terms of formal logic and common sense must first be independent, and then a referendum on joining the Crimea to Russia.


Everything would fall into place with the resumption of the Constitution of the Republic of Crimea on May 6, 1992. At the same time, and have been able to largely avoid the current difficulties associated with the legalization of the Russian the status of Crimea and Sevastopol.


As a legal scholar with all the responsibility that is very inappropriate and questionable in terms of law and is referred to in the Declaration of Independence and the Autonomous Republic of Crimea city ​​of Sevastopol on the so-called Kosovo precedent. First, Kosovo's independence is not recognized neither Russia nor Ukraine.


And secondly, in the Crimea already had a constitution on May 6, 1992, to which I had just come back. And no one could challenge the legality of this step. And it turned out that the reunification of the Crimea with Russia took place on the "Kosovo Option", which is not recognized by Russia itself.


Nonsense! March 11, 2014 press service of the Supreme Council of the Autonomous Republic of Crimea explained that the Declaration is an important document required for legal registration of the occurrence of the Crimea to Russia, as well as for a referendum Crimean average.


The same day, Speaker Konstantinov said that the declaration is a necessary procedural document and will help to ensure that the whole procedure of joining Russia was recognized as legitimate. But life has refuted these assumptions - everything was far from the case, and much more difficult than envisioned when Konstantinov and his entourage.


We have, as a lawyer, has caused much confusion and that on the Crimean average referendum on March 16 was passed, no question, as is customary throughout the civilized world, and two "alternative" (from the point of view of the organizers of the event) questions:


1) Do you support the reunification of the Crimea with Russia on a subject of the Russian Federation?


2) Do you support the restoration of the Constitution of the Republic of Crimea in 1992 and for the status of the Crimea as part of Ukraine?


Crimean deputies considered these questions "alternative". In fact, these issues are not alternative, and the wording on the ballot for the referendum is illiterate, because the 1992 Constitution does not provide for the Crimea "as part of the Ukraine."


According to article ninth of the document "Republic of Crimea is part of Ukraine and the State defines its relationship with it on the basis of treaties and agreements." Thus, at the time were recorded confederate relations with Ukraine, the Crimea on the basis of the contract which, in principle, to anything and not binding.


No contract - no any relationship, including the Confederate. In addition, the Constitution of the Republic of Crimea on May 6, 1992, a constitution of the Federation. At one time, the Constitution of the Republic of Tatarstan on November 6, 1992 as the subject of the Russian Federation was largely copied from the Constitution of the Republic of Crimea on May 6, 1992.


Therefore, the second question is not an alternative, and it should not have been submitted to a referendum. In view of the above, we propose the following. The State Council of the Republic of Crimea should urgently meet in extraordinary session and adopt a regulation declaration of Ukrainian occupation of the Republic of Crimea.


The declaration of the regime of former Ukrainian President Leonid Kuchma, unilateral power to liquidate by the 1992 Constitution and to remove from power the popularly elected President of Crimea Yuri Meshkov, to qualify as a coup and annexation of the Crimea.


Recall that in response to the then non-legal solutions official Kiev was the direct support of the ARC by the State Duma of the Russian Federation. May 17, 1995 the State Duma passed a resolution in which it was suggested, "the Supreme Council, the President and the Government of Ukraine to ensure that the population of the Republic of Crimea the right to freedom of expression in relation to the Constitution of the Republic of Crimea."


Within its powers under Article 75 of the Constitution of the Republic of claim 16 Crimea on April 11, 2014, the State Council in the exercise of the right of legislative initiative must submit to the State Duma of the Federal Assembly of the Russian Federation, a bill to compensate for 23 years of the annexation of the peninsula Ukraine.


We believe also that the State Council of the Republic of Crimea simply must achieve at the legislative level (need a special law on the subject) and the rehabilitation of prisoners subjected to political repression fighters for the Russian status of Crimea and Sevastopol. Russia in the Crimean issue need to take the offensive and take as opposed to Ukrainian law about the "occupied territories" his law, which require reparations for the annexation of Crimea to Ukraine.


Especially that the Federation Council, as reported by the speaker of the upper house of the Russian parliament Valentina Matviyenko, is already preparing the bill invalid finding the Crimea as part of Ukraine in the previous years.


Repair - is a form of liability subject of international law for damage caused as a result of their international offense to another subject of international law. These issues can be resolved by peaceful treaty or other international instrument, in which the volume and nature of reparations must be determined in accordance with the principle of proportionality.


Thus, Ukraine should compensate for 23 years of use of Russian territory and resources. Because now the money Ukraine does not, then we have already proposed a symmetric version of the calculation. For example, for the same period to take part in the use of the Ukrainian territory, say the same Donbass. At the same time issue backdated rent Crimea Ukraine 23 years and the upcoming rent Donetsk and Luhansk region Russia say 20-25 years.




Yuri Meshkov, the first President of the Republic of Crimea (1994-1995.), PhD Eugene Suprunyuk, Chairman of the Supreme Council of Crimea (1995-1996 gg.), PhD

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