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The Legal Status of the Crimean Region as Part of the Ukrainian SSR: A Return to the Problem
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The Legal Status of the Crimean Region as Part of the Ukrainian SSR: A Return to the Problem
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/S199132220027692-7
Publication type
Article
Status
Published
Authors
Ilya Bondarchuk 
ORCID: 0000-0002-2587-0833
Occupation: Associate Professor, Department of the State and Legal Disciplines
Affiliation: Crimean Branch, Russian State University of Justice
Address: Simferopol, Russia
Edition
Volume 20 No. 1
Pages
85-94
Abstract

The article examines an atypical situation generated by the implementation of the USSR Law of April 26, 1954 “On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR”. It has been established that the illegal transfer of Crimea to Ukraine, which took place in accordance with this Law, is still the basis for non-recognition by some foreign countries of the reunification of Crimea and Russia, for the establishment of illegal sanctions and manifestations of discrimination that create difficulties and inconveniences for the lives of the population of Crimea and the city of Sevastopol. This aspect, in the author’s opinion, is the basis for raising the question of replacing the original meaning of the USSR Law of 1954, as well as the formation of unplanned legal consequences by the Soviet legislator that occurred during its implementation and the subsequent period of “experiencing the law” in modern conditions.

The purpose of the study is to determine the legal prospects for overcoming the distortion of the meaning of the USSR Law on the transfer of the Crimean region of the Ukrainian SSR in 1954 in the current constitutional realities. The historical conditions of the adoption of the said Law, as well as its legal consequences at the present stage, are investigated, and the practice of evaluation by state bodies of foreign countries containing discriminatory provisions regarding the fact of the reunification of Crimea and Russia is analyzed.

Using comparative legal and systemic methods, the prospects of challenging the 1954 USSR Law in the constitutional order as the most successful and acceptable from the point of view of the positive influence of constitutional courts on the general integration processes in federal states are revealed.

The basic conclusion of this study consists not only in the unrealization of the goals of the Soviet legislator when adopting the USSR Law of 1954, but also in the occurrence of unplanned consequences in the form of the stay of Crimea and its population within the framework of the state created on the basis of the exercise by the Ukrainian nation of the right to self-determination.

Keywords
transfer of Crimea, Ukrainian SSR, interpolation of law, 1954, retroactive assessment of the law
Date of publication
26.02.2024
Number of purchasers
6
Views
77
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0.0 (0 votes)
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Additional sources and materials

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