CRIMEAN ACCESSION TO THE RUSSIAN FEDERATION: A DONE DEAL

The Treaty

The Russian Federation and the Republic of Crimea

1. Based on the historical community of their people and taking account the existing links between them,
2. Recognizing and reaffirming the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, according to which all peoples have the inalienable right to freely and without external interference determine their political status and to pursue their economic, social, and cultural development, and according to which very State has the duty to respect that right,
3. Determined to ensure respect for and observance of dignity, human rights and freedoms, including the right to life, freedom of thought, conscience, religion and belief, all individuals within their territories, without any distinction, in accordance with generally recognized principles and norms of international law, as well as being aware of the close relationship of other basic principles of international law as embodied in particular in the United Nations Charter and the Helsinki Final Act of the Conference on Security Cooperation in Europe, the principle of respect and observance of human rights and freedoms,
4. Expressing the common will of their people are inextricably bound with the common historical destiny, to live together as part of a democratic federal state of law,

In regard to the wellbeing and prosperity of their peoples,

1. Based on the free and voluntary people’s will expressed in the Crimean status referendum that was held in the Autonomous Republic of Crimea and Sevastopol on the 16th of March 2014, during which the Crimean people expressed a desire to reunite with Russia as a federal subject of the Russian Federation,
2. Taking into account the proposal of the Republic of Crimea and the city with special status of Sevastopol on the acceptance of the Republic of Crimea into the Russian Federation, including the city with special status of Sevastopol

Have entered into this Treaty as follows:

Article 1

1. The Republic of Crimea is considered accepted to the Russian Federation from the date of the signing of this Treaty.
2. Accession of the Republic of Crimea to the Russian Federation occurs in accordance with the Russian Constitution, this Treaty, Federal Constitution Law “On the matter of accession to the Russian Federation and the forming of new federal subjects in the Russian Federation”, and Federal Constitutional Law “On the accession of the Republic of Crimea to the Russian Federation".

Article 2

Since the admission  of the Russian Federation Republic of Crimea within the Russian Federation, formed new entities- Republic of Crimea and the federal city of Sevastopol

Article 3

1. The Russian Federation shall guarantee to all peoples living in the territories of the Republic of Crimea and Sevastopol city of federal importance, the right to preserve their native language and to create conditions for its study and development.
2. The official languages of the Republic of Crimea are Russian, Ukrainian and Crimean Tatar languages.

Article 4

1. The limits of the territory of the Republic of Crimea and the city of Sevastopol are determined by federal border of the Republic of Crimea and the city of Sevastopol federal, existing on the date of the Russian Federation Republic of Crimea and education in the Russian Federation of new subjects.
2. The boundary of the Republic of Crimea on land, coupled with the territory of Ukraine, is the state border of the Russian Federation.
3. The maritime delimitation of the Black and Azov Seas is based on international treaties of the Russian Federation, the norms and principles of international law.

Article 5

Since the adoption of the Russian Federation and the Republic of Crimea education in the Russian Federation of new subjects Ukrainian citizens and stateless persons permanently residing in the day in the Republic of Crimea, or in the territory of the federal city of Sevastopo are recognized as citizens of the Russian Federation, except for persons who within one month after the date of their intention to retain their existing and (or)their minor children or other citizenship remain stateless.

Article 6

Since the adoption of the Russian Federation and the Republic of Crimea education in the Russian Federation and new subjects to January 1, 2015 the transitional period during which addresses the issues of integration of new subjects of the Russian Federation in the economic, financial, credit and legal system of the Russian Federation in authorities of the Russian Federation, as well as issues of military duty and military service in the Republic of Crimea and Sevastopol city of federal significance.

Article 7

Citizens of the Russian Federation, called up for military service in the Republic of Crimea and Sevastopol city of federal significance, military service in the Republic of Crimea and the federal city of Sevastopol until 2016 inclusive.

Article 8

Elections to the public authorities of the Republic of Crimea and the state authorities federal city of Sevastopol are held on the second Sunday in September 2015. Before being elected state authorities of the Republic of Crimea and public authorities federal city of Sevastopol exercise their powers, respectively the State Council of the Republic of Crimea-Parliament of the Republic of Crimea and the Council of Ministers of Crimea, the Legislative Assembly of Sevastopol.

Article 9

1. Legislative and other normative legal acts of the Russian Federation operating in the territory of the Republic of Crimea and Sevastopol city of federal importance of the adoption of the Russian Federation Republic of Crimea and education in the Russian Federation of new entities, unless otherwise provided for by the legislation of the Russian Federation.
2. Normative legal acts of the Autonomous Republic of Crimea and Sevastopol, Republic of Crimea and cities with special status of Sevastopol act accordingly in the territories of the Republic of Crimea and Sevastopol city of federal significance before the end of the transitional period or until the relevant legal acts of the Russian Federation and(or) normative legal Act of the Republic of Crimea, regulatory legal act of the Russian Federation and (or) normative legal act of the federal city of Sevastopol.
3. Normative legal acts of the Autonomous Republic of Crimea and Sevastopol, Republic of Crimea and cities with special status of Sevastopol, contrary to the Constitution of the Russian Federation shall not apply.

Article 10

This Treaty shall be applied provisionally from the date of signature and shall enter into force on the date of ratification.

Done in the city of Moscow on the 18th of March 2014 in three copies, each in the Russian language.

On March 21, the Federation Council ratified the treaty on the Crimean accession to Russia signed at the Kremlin on March 18 by President Vladimir Putin.

Chronicle of Events

1. According to newswires, on the night of February 26 and early morning of February 27, 2014, a group of unknown persons seized the building that housed the Supreme Soviet and the Council of Ministers of the Autonomous Republic of Crimea [hereinafter ARC]. Russian flags were hoisted on top of the buildings.
2. On February 27, the land connection between Crimea and mainland Ukraine was blocked. On the same day, the ARC Supreme Soviet announced a referendum as regards Crimea’s autonomous status and an expansion of its powers. The vote was scheduled for May 25, 2014. At that time, the question put up for referendum contained no provisions that violated Ukraine’s territorial integrity. The referendum sought to ‘improve the ARC’s status and make sure that the autonomy rights are guaranteed notwithstanding any changes in Ukraine’s central authorities or its Constitution.’
3. On March 1, Russian President Vladimir Putin asked the Federation Council to grant him the right to use a limited military contingent outside the Russian Federation and received a blank check to move the military into the Ukrainian territory for the purpose of ‘normalizing the sociopolitical situation in that country.’ On the same day, the Crimean referendum was moved forward to March 30, 2014.
4. On March 4, President Putin stated that Russia was not considering Crimea’s incorporation into Russia. ‘It is only citizens themselves, – he said, – under conditions suitable for the free manifestation of their will, who may and should determine their future.’
5. On March 6, ARC and Sevastopol City authorities announced an amendment to the language of the referendum question and that the voting day had been rescheduled to March 16. The referendum was held as scheduled. According to official data, 96.77% of those taking part in the referendum voted in favor of Crimea’s reunification with Russia.
6. On March 17, based on the referendum results, the ARC Supreme Soviet declared Crimea to be an independent sovereign state, the Republic of Crimea, with the city of Sevastopol enjoying a special status.
7. On March 17, President Putin signed a decree recognizing the Republic of Crimea as a sovereign and independent state. At the same time, the Republic of Crimea asked Russia to incorporate it into the Russian Federation as a new member territory of the Russian Federation having the status of a republic. The Crimean Parliament quickly drafted an international treaty on joining the Russian Federation.
8. On March 18, Putin initiated the procedure of incorporating Crimea into Russia. He notified the Government and the Parliament chambers of the proposals made by the Crimean State Council and Sevastopol’s Legislative Assembly as regards their admission into the Russian Federation and the establishment of new member territories. Next, he approved and signed an interstate Treaty admitting Crimea and Sevastopol as parts of Russia, whereby new member territories, i.e. the Republic of Crimea and the Federal City of Sevastopol were established within the Russian Federation. On the same day, Putin asked Russia’s Constitutional Court to examine the Treaty so signed for compliance with the Constitution. The request was accepted for review forthwith, without any public hearings.
9. On the morning of March 19, the Constitutional Court ruled the Crimea accession Treaty compliant with the Russian Constitution.
10. On March 19, President Putin sent the Treaty along with relevant bills to the State Duma for ratification.
11. On March 20, the State Duma ratified the Treaty.On March 21, the Federation Council ratified the Treaty. Putin signed the laws on Crimea’s and Sevastopol’s accession to Russia. The Treaty came into effect.
12. On March 21, the Crimean Federal District was established within Russia, and the Russian Federation President’s envoy to Crimea was appointed.

In terms of the Federal Constitutional Law ‘On the Procedure of Admission to the Russian Federation and Establishment of a New Member Territory of the Russian Federation’, the procedure has been complied with. Indeed, a foreign state may be admitted as a new member territory of Russia by their mutual agreement pursuant to an international treaty. Following the referendum, the Republic of Crimea declared itself to be such a state. Russia recognized that state. An international treaty was entered into. The Constitutional Court reviewed it for compliance with the Constitution. The Parliament ratified that treaty while simultaneously adopting a relevant law and automatically adding the names of the new member territories to the Constitution. 

Declaration of Independence of the Autonomous Republic of Crimea and Sevastopol

The Crimean parliament adopted the Declaration of Independence of the Autonomous Republic of Crimea and Sevastopol by 78 votes to 81.

“We, the members of the parliament of the Autonomous Republic of Crimea and the Sevastopol City Council, with regard to the charter of the United Nations and a whole range of other international documents and taking into consideration the confirmation of the status of Kosovo by the United Nations International Court of Justice on July, 22, 2010, which says that unilateral declaration of independence by a part of the country doesn’t violate any international norms, make this decision jointly:

1. If a decision to become part of Russia is made at the referendum of the 16 March 2014, Crimea including the Autonomous Republic of Crimea and the city of Sevastopol will be announced an independent and sovereign state with a republican order.

2. Republic of Crimea will be a democratic, laic and multinational state, with an obligation to maintain peace, international and intersectarian consent in its territory.

3. If the referendum brings the respective results, Republic of Crimea as an independent and sovereign state will turn to the Russian Federation with the proposition to accept the Republic of Crimea on the basis of a respective interstate treaty into the Russian Federation as a new constituent entity of the Russian Federation.

Declaration approved by the Resolution of the Supreme Council of the Autonomous Republic of Crimea at the extraordinary plenary session on March 11, 2014 (signed by the Chairman of the Supreme Council of the Autonomous Republic of Crimea and by the Decision of the Sevastopol City Council at the extraordinary plenary session on March 11, 2014