klsvucadet (klsvucadet) wrote,
klsvucadet
klsvucadet

The transfer of the Crimea in 1954 did not conform with the then Constitution of the Ukrainian SSR

This article continues the theme of the legality of the transfer of the Crimean Region to the Ukrainian SSR: https://klsvucadet.livejournal.com/641.html
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Now let us analyze how the transfer of the Crimea from the RSFSR to the Ukrainian SSR in 1954 corresponded to the then Constitution of the Ukrainian SSR (1937) .


Here are the norms of this Constitution, which directly or indirectly govern changes of the Ukrainian SSR territory :


Article 15. The territory of the Ukrainian Soviet Socialist Republic cannot be changed without the consent of the USSR.


Article 19. The jurisdiction of the Ukrainian Soviet Socialist Republic in the person of its highest bodies of government and government bodies includes:
- the establishment and amendment of the Constitution of the Ukrainian Soviet Socialist Republic, and control over its implementation;
...
- submission for approval by the Supreme Council of the USSR the formation of new regions, as well as new autonomous republics and regions within the Ukrainian SSR;
- the establishment of boundaries and regional division of the regions of the Ukrainian SSR;
- approval of the boundaries and regional division of the Moldavian Autonomous Soviet Socialist Republic;


Article 20. The supreme state authority of the Ukrainian SSR is the Supreme Council of the Ukrainian SSR.


Article 22. The Supreme Council of the Ukrainian SSR exercises all rights that belong to the Ukrainian SSR in accordance with Article 13 and 19 of the Constitution of the Ukrainian SSR, since they are not, by virtue of the Constitution, the competence of the organs of the Ukrainian SSR reporting to the Supreme Council of the Ukrainian SSR: the Presidium of the Supreme Council of the Ukrainian SSR Commissariats of the Ukrainian SSR.
Article 23. The Supreme Council of the Ukrainian SSR is the only legislative body of the Ukrainian SSR.


Thus, according to Article 15, the transfer of the Crimea required the consent of the Ukrainian SSR; which according to Art. 23 could only be granted by the Supreme Council of the USSR. However, in reality, with the request of the federal authorities to transfer Crimea, it was not the Supreme Council of the Ukrainian SSR that requested, but its Presidium, which did not have such a right.


That is, according to the legislation of the Ukrainian SSR, the transfer of Crimea to this union republic was illegal indeed.

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