1954 transfer of Crimea
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The transfer of the Crimean Oblast in 1954 was an administrative action of the Presidium of the Supreme Soviet of the Soviet Union which transferred the government of the Crimean Peninsula from the Russian Soviet Federative Socialist Republic to the Ukrainian SSR.
On 19 February 1954, the Presidium of the Supreme Soviet of the Soviet Union issued a decree transferring the Crimean Oblast from the Russian Soviet Federative Socialist Republic to the Ukrainian SSR. The documents which are now housed at the State Archive of the Russian Federation (GARF) do confirm that the move was originally approved by the Presidium of the Communist Party of the Soviet Union (CPSU) on 25 January 1954, paving the way for the authorizing resolution of the Presidium of the Supreme Soviet of the Soviet Union three weeks later. According to the Soviet Constitution (article 18), the borders of a republic within the Soviet Union could not be re-drawn without the agreement of the republic in question. The transfer was approved by the Presidium of the Supreme Soviet of the Soviet Union. The constitutional change (articles 22 and 23) to accommodate the transfer was made several days after the decree issued by the Presidium of the Supreme Soviet.
On April 26, 1954 The decree of the Presidium of the USSR Supreme Soviet transferring the Crimea Oblast from the Russian SFSR to the Ukrainian SSR.
Taking into account the integral character of the economy, the territorial proximity and the close economic and cultural ties between the Crimea Province and the Ukrainian SSR, the Presidium of the USSR Supreme Soviet decrees:
To approve the joint presentation of the Presidium of the Russian SFSR Supreme Soviet and the Presidium of the Ukrainian SSR Supreme Soviet on the transfer of the Crimea Province from the Russian SFSR to the Ukrainian SSR.
Consequently, amendments were made to the republican constitutions of Russia and Ukraine. On 2 June 1954 the Supreme Soviet of Russia adopted amendments to the Russian Constitution of 1937, which, among other things, excluded Crimea from list of subdivisions enumerated in article 14, and on 17 June 1954, the Verkhovna Rada added Crimea to article 18 of the 1937 Constitution of the Ukrainian SSR.
Question of constitutionality
According to a 2009 article on Russian website Pravda.ru, the Presidium of the Supreme Council gathered for a session on February 19, 1954 when only 13 of 27 members were present. There was no quorum, but the decision was adopted unanimously.
The earlier published documents and materials that have emerged more recently confirm that the transfer of Crimea from the Russian SFSR to the Ukrainian SSR was carried out in accordance with the 1936 Soviet constitution, which in Article 18 stipulated that "the territory of a Union Republic may not be altered without its consent." The proceedings of the USSR Supreme Soviet Presidium meeting indicate that both the Russian SFSR and the Ukrainian SSR had given their consent via their republic parliaments.
On 27 June 2015, the Office of the Prosecutor General of the Russian Federation accepted the request of the leader of A Just Russia party, Sergey Mironov, to evaluate legitimacy of 1954 transfer of Crimea and stated that the transfer violated both the Constitution of the Russian SFSR and the Constitution of the Soviet Union. The text of the document signed by Russian Deputy Prosecutor General Sabir Kehlerova Mironov stated: "Neither the Constitution of the RSFSR or the USSR Constitution provide powers of the Presidium Supreme Soviet of the USSR for the consideration of the changes in the constitutional legal status of the Autonomous Soviet Socialist Republic, members of the union republics. In view of the above, the decision adopted in 1954 by the Presidium of the Supreme Soviets of the RSFSR and the Soviet on the transfer of the Crimean region of the RSFSR to the USSR, did not correspond to the Constitution (Fundamental Law) of the RSFSR and the Constitution (Fundamental Law) of the USSR."
Complications of the "personal gesture"
The transfer of the Crimean Oblast to Ukraine has been described as a "symbolic gesture", marking the 300th anniversary of Ukraine becoming a part of the Tsardom of Russia. That "symbolic gesture" came out as a post factum and was never discussed as one of the reasons prior to the transfer. It was also attributed to Nikita Khrushchev, although the person who signed the document was Kliment Voroshilov.[original research?]
Nina Khrushcheva, the political scientist and great-granddaughter of Nikita Khrushchev, the then General Secretary of the Communist Party of the Soviet Union said of Khrushchev's motivation "it was somewhat symbolic, somewhat trying to reshuffle the centralized system and also, full disclosure, Nikita Khrushchev was very fond of Ukraine, so I think to some degree it was also a personal gesture toward his favorite republic. He was ethnically Russian, but he really felt great affinity with Ukraine." Sergei Khrushchev, Khrushchev's son, claimed that the decision was due to the building of a hydro-electric dam on the Dnieper River and the consequent desire for all the administration to be under one body. Sevastopol in Crimea being the site of the Soviet Black Sea Fleet, a quintessential element of Russian and then of Soviet foreign policy, the transfer had the intended effect of binding Ukraine inexorably to Russia, "Eternally Together", as a poster commemorating the event of 1954 proclaimed.
The transfer was described by some of the Supreme Soviet as a gift to commemorate the 300th anniversary of the Treaty of Pereyaslav in 1654 when the Cossack Rada apparently decided to unify with Muscovy, putting in place the eventual acquisition of Ukraine by Russia. Other reasons given were the integration of the economies of Ukraine and Crimea and the idea that Crimea was a natural extension of the Ukrainian steppes.
The transfer increased the ethnic Russian population of Ukraine by almost a million people. Prominent Russian politicians such as Alexander Rutskoy considered the transfer to be controversial. Controversies surrounding the legality of the transfer remained a sore point in relations between Ukraine and Russia for the first few years after the breakup of the Soviet Union, and in particular in the internal politics of the Crimea. However, in a 1997 treaty between the Russian Federation and Ukraine, Russia recognized Ukraine's borders, and accepted Ukraine's sovereignty over Crimea.
In January 1992, the Supreme Soviet of Russia questioned the constitutionality of the transfer, accusing Nikita Khrushchev of treason against the Russian people and said that the transfer was illegitimate. Alexander Rutskoy, the former Vice President of Russia, said that this was a “harebrained scheme” for which Khrushchev was famous saying that those who signed the document must have been suffering from sunstroke or hangovers.
There was confusion about the status of Sevastopol and whether it was a part of the transfer as it had a degree of independence from the Crimean Oblast and never formally ratified the transfer, although it was later mentioned as Ukrainian territory in the Soviet Constitution and the Belavezha Accords between Ukraine and Russia.
After the overthrow of President Victor Yanukovych during the 2014 Ukrainian revolution, the territories of Sevastopol and Crimea were seized by the Russian Federation; the annexation was formalized following an unconstitutional referendum in which 96% of the Crimean population purportedly voted "Yes." This move was denounced by the new Ukrainian government and disregarded by most UN states, which continue to recognize Crimea as part of Ukraine. The Venice Commission (an advisory body of the Council of Europe in the field of constitutional law) issued an opinion in 2014, concluding that the referendum was illegal under the Ukrainian constitution and that "circumstances in Crimea did not allow the holding of a referendum in line with European democratic standards."
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- Yarmysh, Oleksandr; Cherviatsova, Alina (2016). "Transferring Crimea from Russia to Ukraine: Historical and Legal Analysis of Soviet Legislation". In Nicolini, Matteo; Palermo, Francesco; Milano, Enrico (eds.). Law, Territory and Conflict Resolution Law as a Problem and Law as a Solution. pp. 151–152. ISBN 9789004311299. Retrieved 28 February 2018.
However, at that time, Ukraine could not fully claim jurisdiction over Crimea. Indeed, further legislative acts and constitutional amendments were needed to legitimise the territorial changes in that region. On 2 June 1954, the Supreme Council of the Russian SFSR adopted the Law on the introduction of changes and amendments to Article 14 of the Constitution (Fundamental Law) of the SFSR, according to which the Crimean Region was excluded from Soviet Russia at the same time that the Supreme Council of the Ukrainian SFSR introduced changes to the Ukrainian Constitution.
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