Illegal annexation of Crimea and the referendum scam

Mar 17, 2014 18:06

News from the Crimea Supreme Council website.

On March 6, 2014, the Supreme Council of the Autonomous Republic of Crimea with reference to para 7 part 1 of Article 18 and para 3 part 2 of Article 26 of the Constitution of the Autonomous Republic of Crimea, the Supreme Council of the ARC adopts a resolution:
1. Crimea shall merge with the Russian Federation as a subordinate entity of the Russian Federation.

2. An all-Crimean referendum (including the city of Sevastopol) shall be held on March 16, 2014,whereby the following alternative questions will be resolved:

1) Do you support merge of Crimea with Russia as a subordinate entity of the Russian Federation?

2) Do you support renewal of the effectiveness of the Republic of Crimea Constitution as of 1992 and the status of Crimea as a part of Ukraine?

Now I shall explain in detail.

As regards the first part of the Resolution on the merge with the RF as a subordinate entity of the Russian Federation - the Supreme Council of the AR of Crimea is not vested with such authority even if it was legitimate, which is not the case, where the puppet parliament is lead by the Prime-Minister, who was elected with violations of the voting procedure . Both references to the effective Constitution of Crimea merely authorize the Supreme Council of the ARC to hold a local referendum.

para 7 part 1 of Article 18
The authority of the Autonomous Republic of Crimea
1. The authority of the Autonomous Republic of Crimea includes:
7) appointing and holding republic (local) referenda on the issues that are within the scope of the Autonomous Republic of Crimea jurisdiction.

para 3 part 2 of Article 26
The authority of the Autonomous Republic of Crimea the Supreme Council
2. The authority of the Autonomous Republic of Crimea the Supreme Council includes:
3) adopting a resolution on holding republic (local) referendum.

Russia for its part of course shook a leg. Due to the fact that the subordinate entities of the Russian Federation are not entitled to separate from it, on February 28 a bill was registered with the State Duma designed especially for annexation of Crimea. Pursuant to above bill the deputies suggest introducing into the effective wording of the federal constitutional act "On the procedure of merging into the Russian Federation and establishing a new subordinate entity of the Russian Federation " such statement: "Where it is impossible to conclude a treaty due to the absence in the foreign state of effective sovereign state power, which must protect its citizens, observe their rights and freedoms, guarantee actual stable and peaceful exercise of state functions, a part of such foreign state may merge with the RF;.

As regards the referendum:
As of today the effective constitutional act of Crimea is the Constitution as of 21.01.1998 . Here you can find the text of the Constitution of the ARC as of 06.05.1992 .

The key point of the 1992 Constitutions, for which Putin has a lot of expectations, if I am not mistaken are:

Chapter 3. THE RELATIONS OF THE REPUBLIC OF CRIMEA WITH UKRAINE

Article 9

The Republic of Crimea merges with the state of Ukraine and
their relations are determined on the grounds of a treaty and agreements.

Chapter 4. THE RELATIONS OF THE REPUBLIC OF CRIMEA WITH OTHER STATES

Article 10

The Republic of Crimea independently enters into relations with other
states and organizations, carries out mutually beneficial cooperation with them
on the grounds of treaties and agreements in the sphere of economy,
culture, protection of health, education, science and other spheres;
builds its relations with them on the grounds of equality, respect
sovereignty, territorial integrity, noninterference with
internal affairs, resolution of all disputes by peaceful means only
by means of bona fide performance of mutual obligations.

Chapter 6. CITIZENSHIP IN THE REPUBLIC OF CRIMEA

Article 17

1. Citizenship in the Republic of Crimea shall be obtained and preserved, and
lost pursuant to the Act of the Republic of Crimea.

2. Pursuant to the law and under the mutual
consent of the Republic of Crimea with other states its citizens
may have dual citizenship.

The referendum results are not law; normally as a result of the referendum this or that act is being passed by the due process of law.
It is unknown as of now what answers will be available, and whether questions may be answered as "Yes/No" or only one variant out of two may be picked, but I consider that "Yes/No" variants shall be available.

Let me try to predict the developments.

1. If as a result of the referendum the Crimeans shall vote for merge with the Russian Federation as a subordinate entity of the Russian Federation, at will amount to validation by the people an illegal decision of the non-legitimate parliament of Crimea as of 06.03.2014

2. Many Crimeans may be under the illusion that the Constitution as of 1992 - is the currently effective Constitution and vote for its effectiveness. If that should be the case, on the grounds of the "people’s declaration of will " the illegitimate parliament of Crimea will try to renew this variant of the Constitution without legal rights to do so because pursuant to the effective Constitution as of 1998 even a legitimate Supreme Council of Crimea is not vested with the power to amend the Constitution without the approval of the Supreme Council of Ukraine.

Article 26.
para 2. The competence of the Supreme Council of the Autonomous Republic of Crimea includes:

1) adoption of the Constitution of the Autonomous Republic of Crimea and providing it for approval by the Supreme Council of Ukraine, adoption of legal acts, amending them by the due process of law, interpretation of their application; sting forth the procedure and guaranteeing the performance of the Constitution of the Autonomous Republic of Crimea and legal acts of the Supreme Council of the Autonomous Republic of Crimea within its competence.
Somehow I suspect that the Supreme Council of Ukraine shall not approve the reenacting of the 1992 Constitution.

3. Let us not forget additional factors, which are bound to affect the results of vote:
  • there is no information regarding the participation of international and Ukrainian observers in the process of referendum, which could help to prevent fabrications that will take place, I am sure.;
  • it is not clear what the role of Russia will be at the referendum - the same as at the election of the Prime-Minister of Crimea Aksenov - e.i. to kick out mass media, to provide people with automatic guns, and to count the votes?
Key issues and violation of law.

1. The Supreme Council of Crimea by a sham vote illegally relieved of his duties as the head of the government the head of the Council of Ministers Anatoliy Mogilev and appointed as a Prime-Minister a former bandit, also known by the nickname Goblin, who is also the leader of the " Russian Communion party" Sergey Aksenov .

2. The Supreme Council of Crimea on 06.03.2014 made a resolution , which exceeds its scope of jurisdiction pursuant to the effective Constitution of Crimea, even above Council was legitimate: "To merge with the Russian Federation as a subordinate entity of the Russian Federation ".

This very much resembles a pattern of a hostile takeover, which often took place during the term of Yanukovich, when tough guys break into the administration of the company and amend constituent instruments and appoint their groundskeeper set their own rules, but here it is being made of the state level.

And that’s that.




Likes:

Putin’s Plan Ver.2.

referendum, aksenov, russia, ukraine, sham, crimea

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