Unofficial translation
July 1996
His Excellency
Mr. Max van der Stoel
OSCE High Commissioner
on National Minorities
the Hague, the Netherlands
Hr.High Commissioner,
Replying to your letters of 19 March and 5 April this year, I wooul like to express my appreciation for your initiative relating to the organization and the direct active participation in the Round Table held under the auspices of the OSCE in Noordwijk on 14-17 March this year. The participants of this Informal forum note its constructive spirit and working atmosphere. Your personal efforts aimed at solving economic, political and legal issues of the Autonomous Republic of Crimea (ARC) are highly appreciated in Ukraine.
I am confident that your recent visit to Ukraine held on 3 and 4 April this year, gave you another opportunity to understand that central public authorities of Ukraine pursue constructive and consistent policies in the field of constitutional developments in the autonomy.
As soon as your letters of 19 March and 5 April this year had been received, they were transmitted to the President of Ukraine, the Chairman of the Verkhovna Rada, the Prime Minister of Ukraine as well as to the Chairman of the Verkhovna Rada of the ARC and the Prime Minister of the ARC.
Now, experts from relevant departments of our state are carefully working on the assessments and recommendations related to the ARC economic and financial competencies and problems of more general political character, specified in your letter dated 5 April this year. Even at this stage, one may expect with confidence that both categories of recommendations will be effectively used by public authorities of Ukraine including those of the ARC. I completely agree with you that elaboration of the documents In the field of economy, finances and the rights of ownership requires time and involvement of a great number of experts. At the same time, there is no doubt in and scarcely requires further argumentation your position that it is not admissible to grant the status of the ARC property to the Black Sea continental shelf because it contradicts generally recognized rules of international law and Ukrainian legislation in force.
We share your views and recommendations of a more general political character, in particular those related to the status of an autonomy within a unitary state, national status of Sevastopol, the use of state and other languages, the ARC symbols. Of particular importance for us is your conclusion that it is not reasonable to include in the Constitution of the ARC a provision on the possible "internal citizenship of the ARC", since it is not only compatible with international practices and the Constitution of Ukraine but even doesn't bear any legal sense.
I can't but agree with your recommendations with regard to the inclusion in the exclusive competencies of the central public authorities of Ukraine of such matters as defense, armed forces, national guards, security and some other matters. I consider that you were right to propose possible forms of cooperation between the ARC and official bodies of other states and international organizations in matters pertaining to the economy, environmental protection, cultural and foreign economic relations. We think that such an activity should fall within the competence of the ARC.
Of great Interest to me were also your considerations on the approval of the Prime Minister of the ARC by the central public authorities of Ukraine, on the functioning and the election of the judges of district (city) and regional courts of the ARC, on Mejlis participation in the nomination of candidates for elected bodies and proportional representation of the Crimean Tatars in the ARC Parliament.
Obviously, Mr. High Commissioner, the final stock taking of that extremely important work you have done together with the recognized international experts may be made only after comprehensive examination and practical implementation of your recommendations. We will be pleased to inform you on the developments in this field.
In conclusion, I would like once again to thank you for your personal contribution to the settlement of the situation around the ARC and express the hope for future fruitful cooperation.
Accept, Mr. High Commissioner, the assurances of my highest consideration.
Yours sincerely,
Hennadiy UDOVENKO