on the question of the self-determination of Crimea
In September 1991 the Supreme Soviet (VS) of the Crimean ASSR adopted a Declaration of state Sovereignty of Crimea, but in February 1992 it excluded from the draft of the new Crimean Constitution (the article on the status of the peninsula) the words “in Ukraine”. Friction in Crimean-Ukrainian relations arose on these grounds. An interparliamentary mediation commission was created to prepare proposals to divide authority between Ukraine and Crimea.
On 29 April 1992 the Supreme Soviet (VS) of Ukraine approved the Law of Ukraine “The Status of the Autonomous Republic of Crimea”, which said that “The Republic of Crimea is an autonomous constituent part of Ukraine and independently decides questions related to the administration of the constitution and laws of Ukraine. The territory of the Republic of Crimea cannot be changed or transferred to another country”.
The decision of the VS of Ukraine did not satisfy the leadership of the Republic of Crimea in everything, in consequence of which on 5 May 1992 the VS of Crimea adopted a decree “Concerning the Act of Proclamation of the State Sovereignty of the Republic of Crimea”, which “enters into force from the moment of its approval in an all-Crimean referendum” (the referendum was planned to be held on 2 August 1992). At the same time (7 May 1992) the VS of Crimea approved the Constitution of the Republic, in accordance with which “the Republic of Crimea in the form of its government bodies exercises all powers on its territory with the exception of those which it voluntarily delegates to Ukraine”. Regarding relations with Ukraine it says in the Constitution that the Republic of Crimea is in the country of Ukraine and determines its relationship with it on the basis of treaties and agreements.
The VS of Ukraine examined the situation in Crimea and on 13 May 1992 adopted a decree in which “The Act of Proclamation of State Independence of the Republic of Crimea” and the decree about an all-Crimean referendum were found to be in contradiction to the Constitution of Ukraine. The VS of Crimea was charged with annulling these decisions by 20 May 1992 and steps were proposed to the President of Ukraine to restore the constitutional order in the Republic of Crimea.
As a retaliatory measure the VS of Crimea accelerated the realization of the decisions which it had adopted previously and on 21 May 1992 it decreed “consider the act of proclamation of state independence of the Republic carried into effect in connection with the adoption of a Constitution of Crimea”.
In this situation the VS of Ukraine considered it advisable to adopt a Law on delimiting authority between the bodies of government authority of Ukraine and Crimea. The draft of such a law was considered at a session of the VS at the end of June 1992; however Kiev tied its approval to the demand to annul the all-Crimean referendum and individual articles of the Constitution of Crimea.
On 9 July 1992 the VS of Crimea adopted a decree introducing a moratorium on holding a referendum. In September of the same year the VS of the RK [Republic of Crimea] introduced a Constitution of Crimea in accordance with the Constitution and legislation of Ukraine. The Crimean Constitution stipulated the concept of “the people of Crimea” and determined that “the RK is a legal, democratic, secular state within Ukraine”. An article was introduced establishing that “the territory of the RK cannot be changed or transferred to another country without the consent of the VS of Ukraine and the VS of Crimea”.
It is planned to begin the work of the 12th session of the VS of Crimea on 8 September 1993 at which a new composition of the government of the RK will be approved and the bills “Concerning Elections to the VS of Crimea” and “Concerning the President of the Republic of Crimea” will be considered.