OSCE Reference no. HC/1/95
His Excellency
Mr Hennady UDOVENKO
Minister for Foreign Affairs of Ukraine
Mykhaylivska Sor. 1
252018 KYIV
Republic of Ukraine
The Hague 15 May 1995
Reference: No 635/95/L
Dear Mr Minister,
On 11 - 14 May 1995, the OSCE Ukrainian Round Table took place in Locarno, Switzerland. The list of participants from Ukraine who took part is attached.
Three days of discussions enabled the experts appointed by OSCE, Professor Ajani, Dr Clement and Professor Quigley, as well as the head of the OSCE Mission to Ukraine, Ambassador Kohlschuetter and myself, to acquire a deeper insight into various aspects of the differences which have arisen with the Parliament of the Autonomous Republic of Crimea. Quite a number of them require further reflection and analysis on our part. We do feel, however, that it might be useful to offer you already now some comments and suggestions of a more general nature. They follow below and reflect our unanimous view.
1. Our first comment is that everything ought to be avoided which could lead to an escalation of existing tensions. In this connection, we urge the Parliament of the Autonomous Republic of Crimea not to proceed with its plan to submit to a referendum the Crimean Constitution which was abolished by the Ukrainian parliament. We also feel that it would not bring the solution of the existing problems any nearer if the Crimean Parliament were dissolved.
2. Regarding the constitutional differerences OSCE has consistently taken the view that any solution would have to be based on the respect for the sovereignty and territorial integrity of Ukraine and for the fundamental principles of the Ukrainian Constitution. Looking for solutions on this basis, we were especially struck by the fact that a considerable number of participants in the Round Table, who often differed in the past, expressed the view that the law of Ukraine on the demarcation of powers between the organs of state power of Ukraine and the Republic of Crimea of June 1992 (which did not enter into force) contained important elements for an eventual solution of the problem. We share this view for the following reasons:
a) Article 1 of this law lays down some basic principles which usually govern the relationship between an autonomous republic and the central state organs. In our view, the acceptance by the Crimean Parliament of these principles would constitute a major step towards a solution of the constitutional problems;
b) Article 3 and Article 11 of the law summarise the competences reserved for the Autonomous Republic of Crimea and those of the state organs of Ukraine in a way which makes it clear that the Autonomous Republic of Crimea would have substantial autonomy;
c) Article 13 gives the Parliament of the Autonomous Republic of Crimea the right to appeal to the future Constitutional Court of Ukraine if it considers that Ukrainian legislation infringes the plenary powers of the Autonomous Republic of Crimea;
d) Article 15 lays down the important principle that autonomous powers once granted can not be altered unilaterally.
We would recommend that a determined effort be made as soon as possible to reach agreement on the future status of the Autonomous Republic of Crimea on the basis of these principles. One could even envisage that the essential parts of the law on the demarcation of powers, with some modifications and additions, could constitute the future constitution of the Autonomus Republic of Crimea, and that the Ukrainian Parliament would adopt a parallel constitutional law with the same content.
Agreement on this basis would also end the present subordination of the Crimean Government to the Government of Ukraine. Article 1 of the Presidential Decree of 31 March 1995 to this effect makes it clear that it will lose its validity once the new constitution of the Autonomous Republic of Crimea has been adopted.
3) On a number of specific subjects we should like to make the following recommendations:
a) If the division of competences as laid down in Articles 3 and 11 of the law on the demarcation of powers is followed, which we hope will be the case, it will be necessary to start negotiations as soon as possible between the central authorities of Ukraine and those of the Autonomous Republic of Crimea on the implementation of Article 3, point 8, which on the one hand gives to the Autonomous Republic of Crimea the right to own the land, mineral wealth, water and other natural resources on its territory, but which, on the other hand opens the possibility of curtailment of this right by Ukraine;
b) Quite often, the need of dual citizenship of Ukraine and the Russian Federation has been brought up by the Parliament of the Autonomous Republic of Crimea. The motivation for this is especially the problems which the many pensioners living in Crimea have with the transfer of their pensions from the Russian Federation, and the opportunities which this could open for Crimeans wanting to study in the Russian Federation. However, these problems could be solved by a special agreement between the Russian Federation and Ukraine regarding these issues;
c) We have noted that there is still a considerable number of Tatars who, after having returned to Crimea, have not yet been able to acquire the citizenship of Ukraine. They would, therefore, not be able to participate in the local elections on 25 June. For this reason, the Tatar leadership is reluctant to take part in these elections. We hope that ways can be found to solve this problem in the coming weeks in order to ensure appropriate representation of the Tatars in local government;
d) Pending the setting up of the Constitutional Court, it is, in our view, desirable that the Parliaments of Ukraine and of the Autonomous Republic of Crimea create an organ of conciliation with the task of suggesting solutions to differences arising in the course of the dialogue about relevant legislation.
We express the hope that these comments and recommendations can be of some help in solving the problems which the Round Table has been discussing. We take the liberty to ask you whether you would be willing to send our remarks to the Ukrainian Parliament and to the Parliament of the Autonomous Republic of Crimea for their information. We are, of course, at the disposal of Ukraine if we can be of any further help in solving the problems which were the subject of our discussions in Locarno. We are of the opinion that the Round Table is a useful instrument in the search for solutions, and we express the hope that this formula can be used again in the future.
Yours sincerely,
(Max van der Stoel)
LIST OF PARTICIPANTS TO UKRAINIAN ROUND TABLE
LOCARNO, SWITZERLAND, 11 - 14 MAY 1995
From Kyiv :
1. Volodymyr HRYNIOV - Adviser of the President for regional policy and Chairman of the "Inter-Regional Reformblock-Party"
2. Nina KARPACHEVA - Member of the Ukrainian Parliament from Crimea and Deputy Chairman of Commission on Human Rights
3. Yuri KARMAZIN - Member of the Ukrainian Parliament and Chairman of the Commission on legal and political studies of the Crimean crisis
4. Volodymyr STRETOVICH - Member of the Ukrainian Parliament and Chairman of the Commission on Legal Policy and Law Reform
5. Leonid MININ - Deputy Minister of Economy of Ukraine
6. Dimitri VYDRIN - Adviser of the President of Ukraine and Director of the International Institute on Global and Regional Security
7. Boris TARASIUK - First Deputy Foreign Minister of Ukraine
8. Vladimir BUTKEVICH - Member of the Ukrainian Parliament Chairman of the Commission on Human Rights
9. Mykola SHULHA - Minister for Nationalities, Migration and Cults
From Simferopol :
10. Refat CHUBAROV - Member of the Crimean Parliament and Chairman of the Commission for National Minorities
11. Anushavan DANELIAN - Member of the Crimean Parliament representing the Armenian minority
12. Oleg KIRILLOV - Member of the Crimean Parliament
13. Sergey TSEKOV - Speaker of the Crimean Parliament
14. Igor IVANCHENKO - Deputy Prime Minister of Autonomous Republic of Crimea
15. Vladimir KLYCHNIKOV - Deputy Speaker of the Crimean Parliament
From Sevastopol :
16. Borius KUCHER - Deputy Mayor of Sevastopol
Law of Ukraine
"on the demarcation of plenary powers between the organs of state power
of Ukraine and of the Republic of Crimea"
[articles 1, 3, 11, 13, and 15]
Article 1. The Republic of Crimea is an autonomous, constituent part of Ukraine. The Republic of Crimea independently decides questions assigned to its competence by the Constitution of Ukraine, the Constitution of the Republic of Crimea, and the present Law.
The Constitution of the Republic of Crimea may not contradict the Constitution of Ukraine, the basic principles of its democratic, legal and political structure, or its guarantee of individual rights and freedoms.
Every citizen of the Republic of Crimea is a citizen of Ukraine.
[.....]
Article 3. The competence of the Republic of Crimea, in the person of its highest organs of power, embraces:
(1) adopting, amending and interpreting the Constitution (Fundamental Law) of the Republic of Crimea and its laws, and monitoring their observance;
(2) participating in the formation and execution of Ukraine's domestic and foreign policy on questions touching the interests of the Republic of Crimea;
(3) resolving questions concerning the territorial structure of the Republic of Crimea, the establishment and alteration of the boundaries of districts and populated areas, the upgrading of populated areas to the status of towns, and the naming and renaming of towns, districts, districts within towns, settlements and villages;
(4) determining the form of organization and activity of republic (Republic of Crimea) and local organs of power, local self-government and citizens' organizations;
(5) calling elections of people's deputies of the Republic of Crimea and determining the composition of the Central Electoral Commission for elections of people's deputies of the Republic of Crimea, calling elections of deputies to local Soviets of people's deputies of the Republic of Crimea;
(6) holding referendums of the Republic of Crimea on matters within its competence;
(7) creating and establishing organs of judicial power in accordance with the judicial system of Ukraine;
(8) exercising the inalienable right to own the land, mineral wealth, water and other natural resources located on the territory of the Republic of Crimea.
This right may be curtailed by Ukraine in the course of its realization of the exclusive plenary powers specified in Article 11 of the present Law and by agreement with the Republic of Crimea.
(9) within the bounds of its competence, exercising the legislative regulation of property relations and ensuring the equality of different forms of property;
(10) determining the structures and priorities of the economic development of the Republic of Crimea, assuring scientific and technical progress; setting up and overseeing the functioning of free economic zones in accordance with Ukrainian legislation; licensing and assigning quotas for the export of goods;
(11) elaborating, approving and implementing programs relating to the economic, social, and national-cultural development, and the protection of the environment, of the Republic of Crimea;
(12) determining the budgetary revenues of the Republic of Crimea;
(13) independently drawing up and approving the budget of the Republic of Crimea on the basis of the single taxation policy of Ukraine; forming mutual budgetary relations between the governments of Ukraine and the Republic of Crimea on the basis of agreement;
(14) designating localities as spas, setting zones of sanitary protection of health-resorts, and ensuring that they function according to the law;
(15) deciding matters of ecological security; the rational use, protection and replenishment of natural resources; declaring quarantines and zones of natural disasters;
(16) determining and carrying out policy in the spheres of education, culture, health care, physical culture and sports, social welfare, and protection and use of historical and cultural monuments;
(17) guaranteeing the rights and freedoms of citizens, civic and national accord, maintenance of law and order and public security;
(18) initiating the introduction of a state of emergency on the territory of the Republic of Crimea, in agreement with the President of Ukraine;
(19) regulating internal migration in the Republic of Crimea, elaborating and executing scientifically-based demographic, urbanisation and housing policies;
(20) guaranteeing the functioning and development of national languages and cultures in the territory of the Republic of Crimea;
(21) participating in the elaboration and execution of state programs for the resettlement of peoples deported from Crimea;
(22) establishing honorary titles of the Republic of Crimea and instituting other awards.
[.....]
Article 11. The supreme organs of state power of the Republic of Crimea may not decide questions relating to the exclusive competence of the state organs of Ukraine, namely: defense, the armed forces; foreign policy; the organization and protection of state borders, customs and security; the single, pan-state electoral system; all-Ukrainian referendums; the single currency and monetary emission; the pan-state taxation and system of weights and measures, standardisation; citizenship; states of emergency; civil law, criminal law, civil and criminal procedures, penal policy, labor law, and social welfare legislation; the preparation and realization of pan-state programs regarding the economy or scientific, technical, social, and national-cultural development; the protection of the health of people and environmental protection; the organization and direction of a single system of communications and information, the transport system, the fuel and energy system, space exploration.
[.....]
Article 13. Pending the adoption of a definitive decision by the Constitutional Court of Ukraine, the Supreme Soviet of the Republic of Crimea may halt the execution of normative acts of the organs of executive power of Ukraine on the territory of the Republic of Crimea if these infringe the plenary powers of the Republic of Crimea.
The Supreme Soviet of the Republic of Crimea may appeal to the Constitutional Court of Ukraine to declare inoperative normative acts of the Verkhovna Rada of Ukraine that infringe the plenary powers of the Republic of Crimea.
In the event that the Constitutional Court of Ukraine declares inoperative, on the territory of the Republic of Crimea, normative acts of Ukraine, the Verkhovna Rada of Ukraine or, when applicable, the President of Ukraine, regulates the legal relations arising as a result of the operation of these acts.
[.....]
Article 15. The plenary powers of the Republic of Crimea established by the present Law may not be changed without the agreement of the supreme legislative organs of Ukraine and the Republic of Crimea.
L. Kravchuk, President of Ukraine
