Seven years ago, the citizens of Crimea decided in a referendum to rejoin Russia. Turonout was 83,1%, and 87.77% voted Yes to joining Russia. There’s a nice document on the website of the Republic of Crimea looking into the legal aspects and the legality of this referendum. Some of the key points:
Coup d’état on February 23, 2014 removed the constitutional order of Ukraine and the constitution was set aside;
Crimea continued to be governed by a locally elected legal government;
Crimea had a special legal status, and remained in Ukraine after 1991 only due to a legal compromise, which required a legal, democratically elected government in Kiew. The coup d’état destroyed that;
There were threats of violence and ethnic cleansing against the population of Crimea (65% Russian and 13% Crimean Tatars);
Action of Crimean government was founded in law and thus legal;
Sevastopol was not part of Crimea since Oct. 29, 1948 and was a legal subject of the Russian SFSR;
Transfer of Crimea from Russian SFSR to Ukraine in 1954 was illegal under the then constitutions of the USSR, Russian SFSR and Ukraine;
Sevastopol’s transfer to Crimea and Ukraine was never based on any legally normative act of the USSR or Russian SFSR and was an unilateral act of Ukraine;
The referendum was conducted in a democratic and transparent way;
We start with a translation of the three-party agreement between Armenia, Azerbaijan and Russia:
Statement by the President of the Republic of Azerbaijan, Prime Minister of the Republic of Armenia and President of the Russian Federation 10 November 202011: 45 We, the President of the Republic of Azerbaijan I. G. Aliyev, the Prime Minister of the Republic of Armenia N. V. Pashinyan and the President of the Russian Federation V. V. Putin, have declared the following:
1. A complete ceasefire and all hostilities in the zone of the Nagorno-Karabakh conflict are announced from 00:00 hours Moscow time on November 10, 2020. The Republic of Azerbaijan and the Republic of Armenia, hereinafter referred to as the Parties, stop at their positions.
2. Aghdam region is returned to the Republic of Azerbaijan until November 20, 2020.
3. Along the line of contact in Nagorno-Karabakh and along the Lachin corridor, a peacekeeping contingent of the Russian Federation is deployed in the amount of 1,960 servicemen with small arms, 90 armored personnel carriers, 380 units of automobile and special equipment.
4. The peacekeeping contingent of the Russian Federation is being deployed in parallel with the withdrawal of the Armenian armed forces. The duration of the stay of the peacekeeping contingent of the Russian Federation is 5 years with automatic extension for the next 5-year periods, if none of the Parties declares 6 months before the expiration of the period of intention to terminate the application of this provision.
5. In order to increase the effectiveness of control over the implementation of the agreements by the Parties to the conflict, a peacekeeping center is being deployed to control the ceasefire.
6. The Republic of Armenia will return the Kelbajar region to the Republic of Azerbaijan by November 15, 2020, and the Lachin region by December 1, 2020. The Lachin corridor (5 km wide), which will ensure the connection of Nagorno-Karabakh with Armenia and at the same time will not affect the city of Shusha, remains under the control of the peacekeeping contingent of the Russian Federation.
By agreement of the Parties, in the next three years, a plan for the construction of a new route along the Lachin corridor will be determined, providing communication between Nagorno-Karabakh and Armenia, with the subsequent redeployment of the Russian peacekeeping contingent to protect this route.
The Republic of Azerbaijan guarantees the safety of traffic along the Lachin corridor of citizens, vehicles and goods in both directions.
7. Internally displaced persons and refugees are returning to the territory of Nagorno-Karabakh and adjacent areas under the control of the Office of the UN High Commissioner for Refugees.
8. The exchange of prisoners of war, hostages and other detained persons and bodies of the dead is carried out.
9. All economic and transport links in the region are unblocked. The Republic of Armenia guarantees the safety of transport links between the western regions of the Republic of Azerbaijan and the Nakhichevan Autonomous Republic with the aim of organizing the unimpeded movement of citizens, vehicles and goods in both directions. Transport control is exercised by the bodies of the Border Service of the FSB of Russia.
By agreement of the Parties, the construction of new transport communications linking the Nakhichevan Autonomous Republic with the western regions of Azerbaijan will be provided. Russian original: http://kremlin.ru/acts/news/64384
To get a better feeling for what this means on the ground, let’s look at some maps. First, the current military situation on the ground according to sources from Azerbaijan (Artsakh sources are similar):
Fig. 1 – Situational Map as of Nov. 10, 2020
There have been published a few maps that purport to show how the situation is supposed to be resolved. The one that most closely matches the above official text is the one from Sputnik News:
Fig. 2 – Conflict Resolution Map
According to this, the green areas are already under the control of Azerbaijan. The shaded-green areas are currently under the control of Artsakh/Nagorno-Karabakh and will be handed over to Azerbaijan. The shaded-read areas will be under the control of Russian peacekeepers, including the Lacin corridor which connects Artsakh to Armenia and the city of Shushi.
To better understand this, it is important to understand, what was the area originally covered by the Nagorno-Karabakh Oblast, this mapped is attached at the beginning of the article (the red solid line on the Fig. 2).
If you want a better understanding of what’s going on in former Soviet Republics like Ukraine or Belarus, you may want to have a look at the Constitution as it was in 1991.
The full length original of the constitution in Russian is here.
In the last post, I mentioned Chapter 8, which is the most pertinent one regarding the territory of the USSR. There are also Chapters 9, 10 and 11 that have direct significance and applicability to many situations of today.
Lets start with Chapter 9:
Which translates in English as (according to Google, with some corrections by me marked by strikethrough of original and bold replacement):
Chapter 9. Union Soviet Socialist Republic
Article 76. The Union Republic is a sovereign Soviet socialist state, which has united with other Soviet republics into the Union of Soviet Socialist Republics.
Outside of the limits specified in Article 73 of the Constitution of the USSR, the union republic independently exercises state power on its territory.
The union republic has its own Constitution, which corresponds to the Constitution of the USSR and takes into account the peculiarities of the republic.
Article 77. The Union Republic participates in resolving issues within the jurisdiction of the USSR at the Congress of People’s Deputies of the USSR, the Supreme Soviet of the USSR, the Presidium of the Supreme Soviet of the USSR, the Federation Council, the Cabinet of Ministers of the USSR and other bodies of the USSR.
The Union Republic ensures comprehensive economic and social development on its territory, promotes the exercise of the powers of the USSR on this territory, and implements the decisions of the highest bodies of state power and administration of the USSR.
On issues related to its jurisdiction, the union republic coordinates and controls the activities of enterprises, institutions and organizations under union jurisdiction.
Article 78. The territory of a union republic cannot be changed without its consent. The boundaries between union republics can be changed by mutual agreement of the respective republics, which is subject to approval by the USSR.
Article 79. The Union Republic determines its territorial, regional, district, district division and decides other questions of the administrative-territorial structure.
Article 80. The Union Republic has the right to enter into relations with foreign states, conclude treaties with them and exchange diplomatic and consular representatives, participate in the activities of international organizations.
Article 81. The sovereign rights of the union republics are protected by the USSR.
It might not be immediately clear what the difference is between Chapter 8 (Union State) and Chapter 9 (Union Soviet Socialist Republic). In my understanding Chapter 9 just describes the legal entity, while Chapter 8 describes the purpose, extent and organs of the USSR, but there might be intricacies of Soviet law I am not aware of.
In any case, of special interest are Art. 79 and Art. 81.
Now, on to Chapters 10 & 11:
Which translates in English as (according to Google, with some corrections by me marked by strikethrough of original and bold replacement):
Chapter 10. Autonomous Soviet Socialist Republic
Article 82. An autonomous republic is a part of a union republic.
An autonomous republic, being outside the limits of the rights of the USSR and the union republic, independently resolves issues related to its jurisdiction.
An autonomous republic has its own Constitution, which corresponds to the Constitution of the USSR and the Constitution of the Union republic and takes into account the peculiarities of the autonomous republic.
Article 83. The Autonomous Republic participates in the solution of issues attributed to the jurisdiction of the USSR and the Union republic through the highest bodies of state power and administration, respectively, of the USSR and the Union republic.
The Autonomous Republic ensures comprehensive economic and social development on its territory, promotes the exercise of the powers of the USSR and the respective Union republic on this territory, implements the decisions of the highest bodies of state power and administration of the USSR and the Union republic.
On issues related to its jurisdiction, the autonomous republic coordinates and controls the activities of enterprises, institutions and organizations of the union and republican (union republic) subordination.
Article 84. The territory of an autonomous republic cannot be changed without its consent.
Article 85. In the Russian Soviet Federative Socialist Republic there are autonomous Soviet socialist republics: Bashkir, Buryat, Dagestan, Kabardino-Balkarian, Kalmyk, Karelian, Komi, Mari, Mordovia, North Ossetian, Tatar, Tuva, Udmurt, Chechen-Ingush, Yakutsk.
The Karakalpak Autonomous Soviet Socialist Republic is part of the Uzbek Soviet Socialist Republic.
The Georgian Soviet Socialist Republic includes the Abkhazian and Adjarian Autonomous Soviet Socialist Republics.
The Nakhichevan Autonomous Soviet Socialist Republic is part of the Azerbaijan Soviet Socialist Republic.
Chapter 11. Autonomous Region and Autonomous Okrug
Article 86. An autonomous region is part of a union republic or territory. The law on the autonomous region is adopted by the Supreme Soviet of the union republic on the proposal of the Council of People’s Deputies of the autonomous region.
Article 87. In the Russian Soviet Federative Socialist Republic there are autonomous regions: Adyghe, Gorno-Altai, Jewish, Karachay-Cherkess, Khakass.
The South Ossetian Autonomous Region is part of the Georgian Soviet Socialist Republic.
The Azerbaijan Soviet Socialist Republic includes the Nagorno-Karabakh Autonomous Region.
The Tajik Soviet Socialist Republic includes the Gorno-Badakhshan Autonomous Region.
Article 88. An autonomous region is a part of a krai or region. The law on autonomous regions is adopted by the Supreme Soviet of the union republic.
You’ll find some familiar names here, like Nagorno-Karabakh or South-Ossetia, while you’ll not find Crimea, for example.
Note that I am working here with the Constitution of the USSR as of Dec. 26, 1990, which is essentially the same – with some changes – as the constitution of Oct. 7, 1977. In this context, I’ll leave it at that and won’t go farther back in history.
If you want a better understanding of what’s going on in former Soviet Republics like Ukraine or Belarus, you may want to have a look at the Constitution as it was in 1991.
The full length original of the constitution in Russian is here. The following is an excerpt of Chapter 8, which is the most pertinent one regarding the territory of the USSR:
Which translates in English as (according to Google, with some corrections by me marked by strikethrough of original and bold replacement):
Chapter 8. USSR – Union State
Article 70. The Union of Soviet Socialist Republics is a single union multinational state formed on the basis of the principle of socialist federalism, as a result of the free self-determination of nations and the voluntary unification of equal Soviet Socialist Republics.
The USSR personifiesembodies the state unity of the Soviet people, rallies all nations and nationalities for the purpose of building communism together.
Article 71. In the Union of Soviet Socialist Republics the following are united:
Article 72. Each union republic retains the right of free secession from the USSR.
Article 73. Subject to the jurisdiction of the Union of Soviet Socialist Republics represented by its highest bodies of state power and administration shall be subject to:
1) the acceptance of new republics into the USSR; approval of the formation of new autonomous republics and autonomous regions within the union republics;
2) determination of the state border of the USSR and approval of changes in the borders between the union republics;
3) establishment of the general principles of organization and activity of republican and local bodies of state power and administration;
4) ensuring the unity of legislative regulation throughout the territory of the USSR, establishing the foundations of the legislation of the USSR and the union republics;
5) pursuing a unified social and economic policy, managing the country’s economy; determination of the main directions of scientific and technological progress and general measures for the rational use and protection of natural resources; development and approval of state plans for the economic and social development of the USSR, approval of reports on their implementation;
6) development and approval of the unified state budget of the USSR, approval of the report on its implementation; management of a single monetary and credit system; the establishment of taxes and incomes for the formation of the USSR state budget; determination of the policy in the field of prices and wages;
7) management of sectors of the national economy, associations and enterprises of union subordination; general management of the branches of the Union-republican subordination;
8) issues of peace and war, protection of sovereignty, protection of state borders and territory of the USSR, organization of defense, leadership of the Armed Forces of the USSR;
9) ensuring state security;
10) representation of the USSR in international relations; relations of the USSR with foreign states and international organizations; establishment of a general order and coordination of relations between the Union republics with foreign states and international organizations; foreign trade and other types of foreign economic activity based on state monopoly;
11) control over the observance of the Constitution of the USSR and ensuring the compliance of the constitutions of the union republics with the Constitution of the USSR;
12) solution of other issues of all-Union significance.
Article 74. The laws of the USSR have the same force on the territory of all Union republics. In the event of a discrepancy between the law of a union republic and an all-union law, the law of the USSR shall apply.
Article 75. The territory of the Union of Soviet Socialist Republics is unified and includes the territories of the Union republics. The sovereignty of the USSR extends to its entire territory.
It’s worthwhile to compare this to the timeline of events in the Soviet Union in 1991. Which I intend to to in a future post. I am just putting out here now that, according to this constitution, most – if not all – actions of body of union republics have either dubious legitimacy or are downright illegal. This gives rise to conflicts because you have different groups with different ideas and a general lack of legitimacy of the new “nations” which manifests itself in utter bellicosity against its neighbours to justify it’s own existence, permanent chaos, and outright dictatorship.
There’s even a line of thought that claims none of the republics had left the Soviet Union according to the law, thus the Soviet Union de iure still exists.
In future posts I am going to look at some of those new “nations” and former Soviet republics and their inner or outer conflicts.
As usual in such conflicts, reliable information is hard to come by and you have to rely on information that is provided by the parties to the conflict and see how much of it you can verify. While it may not all be objectively true, it still gives you a good view on how the parties see the conflict developing.
First of all, it helps to keep in mind, that there are three entities in play here: Artsakh (Nagorno-Karabakh Republic), Armenia on the one side and Azerbaijan on the other.
From Artsahk sources, I have the following information about civilian costs of the conflict (Russian original/English translation added by me):
From Armenian official sources, losses of Azerbaijan military forces (doesn’t need translation, numbers are obvious):
Right version is updated as of Oct 18, 2020
From Azerbaijan sources, a map of the current situation on the ground according to them (note that there is a difference between Nagorno-Karabakh as a province/autonomous region of Azerbaijan and Nagorno-Karabakh as a Republic):
