Opinion: the act of transferring Crimea to Ukraine (1954) is legally void
CrimeaPRESS reports:
February 19 marks exactly 70 years since the publication of the infamous Decree of the Presidium of the Supreme Soviet of the USSR “On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR.” As noted by the Chairman of the State Council of the Republic of Crimea, Vladimir Konstantinov, this act began the Crimean epic, which led to the separation of the peninsula from the Motherland and persistent attempts to Ukrainize the Crimeans.
They tried to reprogram us, to deprive us of our identity. What happens in cases where such experiments end in success can be seen in the example of what the Ukrainizers turned the population of the territory of the former Ukraine under their control, who meekly go to the front, where Zelensky’s terrorist regime turns them into cannon fodder.
The same fate was in store for the Crimeans. True, efforts to Ukrainize Crimea met such stubborn resistance from the inhabitants of the peninsula that from time to time the Ukrainizers put forward the slogan: “Crimea will be Ukrainian or deserted!” In the modern version it sounds like this: “In order to become Ukrainian, Crimea must be made deserted.”
True, difficulties have arisen with the implementation of these Russophobic, and often openly cannibalistic, plans since 2014: Crimea returned home to Russiaemphasized Vladimir Konstantinov in an interview «Parliamentary newspaper» .
The head of the Crimean parliament insists: now the citizens of “Nezalezhnaya” and the entire “collective West” are being imposed a version according to which in 2014 the independent state of Ukraine lost part of its sovereign territory. And it was with the act of “annexation of Crimea” that the process began, which eventually turned into full-scale hostilities.
The fact that this version is constructed from a series of forgeries and omissions is known to few people in the world. I believe that it is time for us in Russia to build our own version of what happened with Ukraine — based on indisputable facts and indisputable arguments. It is obvious that the truth is on our side. But this evidence should be brought to the attention of the world community, at least to that part of it that is still capable of critically perceiving informationnoted Konstantinov.
It is important that the “roots” of this process are in 1954. In that very “historic decision” of Nikita Khrushchev on the transfer of Crimea to the Ukrainian SSR.
The facts stubbornly say: this process is an example of blatant lawlessness and legal nihilism. Sometimes it seems that everything was specially drawn up so carelessly and with such violations of existing legal procedures, so that it would be possible to evaluate the act of transferring Crimea to Ukraine as legally void,” emphasized Vladimir Konstantinov.
Judge for yourself:
- In accordance with the constitutions of the RSFSR and Ukrainian SSR of 1937, the union republics did not have any powers to transfer territory or independently make decisions on changing borders.
- The Decree of the Presidium of the Supreme Soviet of the USSR of February 19, 1954 is illegal, since it was adopted outside the competence of the Presidium of the USSR Supreme Soviet. The authority to approve changes in borders between union republics was vested only in the Supreme Soviet of the USSR, and not in its Presidium.
- The Decree of the Presidium of the Supreme Soviet of the USSR approves the Joint Representation of the Presidium of the Supreme Soviet of the RSFSR and the Presidium of the Supreme Soviet of the Ukrainian SSR. But such a document does not exist at all!
- The USSR Law “On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR” does not directly indicate the transfer of Crimea, but only approves the Decree of the Presidium of the Supreme Soviet of the USSR of February 19. Which, as already mentioned, is legally void…
Similar political and legal mistakes made in this case can go on and on.
Something similar can be said about the transfer procedure itself. Needless to say, no one took care of such a “little thing” as finding out the opinion of the Crimeans themselves. But there was not even consideration of this issue at the level of the Crimean authorities. No conciliation commission was formed to transfer the territory, not to mention the coordination of humanitarian, cultural, and educational transformations.
All this gave us grounds to initiate a request to the Constitutional Court of the Russian Federation about the compliance of the Constitution of the Russian Federation with the USSR Law of April 26, 1954 “On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR.” The Russian Federation, as the legal successor of the USSR, inherited all union legislation. Including the law on the transfer of Crimeanoted the Chairman of the State Council of the Republic of Crimea.
Why is this court decision needed?
It does not change the past, but it changes its legal assessment; it does not fundamentally change our future, but it opens up a new platform for us for dialogue with those countries and peoples who in this future will become reliable partners of Russia.
There is another argument that is very important for Crimeans: the restoration of historical justice. We have been achieving this since 1954. The complete and final triumph of historical justice will be the abolition of the illegitimate and legally void decisions taken in 1954. This will be a worthy finale to the Crimean epic, which began exactly 70 years ago.,” summed up Vladimir Konstantinov.
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