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The Constitutional Court of Ukraine adopted a decision on termination the effect of the Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of the Russian Federation
On April 17, 2014 the Constitutional Court of Ukraine adopted a decision to terminate the effect of the Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of the Russian Federation dated June 14, 2000 andauthorised the Chairman of the Constitutional Court of Ukraine to inform the Constitutional Court of Russian Federation about the adopted decision.
Below is the text of the Decision.
Unofficial translation
THE DECISION
OF THE CONSTITUTIONAL COURT OF UKRAINE
on termination of the effect of the Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of Russian Federation
Kyiv
April 17, 2014
№ 10-r/2014
The Constitutional Court of Ukraine, composed of the judges:
Baulin Yurii Vasylyovych – Chairperson,
Bryntsev Vasyl Dmytrovych,
Vdovichenko Serhii Leonidovich,
Hultai Mykhailo Myroslavovych,
Zaporozhets Mykhailo Petrovych,
Lytvynov Oleksandr Mykolaiovych,
Melnyk Mykola Ivanovych,
Sas Serhii Volodymyrovych,
Serheichuk Oleh Anatoliiovych,
Slidenko Ihor Dmytrovych,
Stetsiuk Petro Bohdanovych,
Tupytskyi Oleksandr Mykolaiovych,
Shevchuk Stanislav Volodymyrovych – rapporteur,
Shyshkin Viktor Ivanovych,
considered at the Court’s session the issue on termination of the effect of the Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of Russian Federation dated June 14, 2000.
Having heard the Head of the Standing Commission on International Relations of the Constitutional Court of Ukraine Judge S. Shevchuk, the Constitutional Court of Ukraine
e s t a b l i s h e d:
1. On June 14, 2000 a Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of Russian Federation (hereinafter – the Memorandum) was concluded which provides, inter alia, maintaining relationships between the Courts based on principles of further development of comprehensive mutually beneficial Ukrainian-Russian relations, ensuring the rule of law, fundamental human rights and freedoms, mutual respect, trust and co-operation.
2. The Constitutional Court of Ukraine in its Decision of March 14, 2014 № 2-rp/2014 declared the Resolution of the Verkhovna Rada of the Autonomous Republic of Crimea "On conducting All-Crimean referendum" of March 6, 2014 № 1702-6/14 to be inconsistent with the Constitution of Ukraine. Thus, there were no any legal grounds for conducting a referendum in Crimea and the city of Sevastopol on March 16, 2014, and its results may not be considered as the basis for "self-determination of the Autonomous Republic of Crimea and the city of Sevastopol".
However, contrary to the above decision of the Constitutional Court of Ukraine the said referendum was held and its results were used to conclude on March 18, 2014 a Treaty between the Russian Federation and the so-called "Republic of Crimea" "On Accession of the Republic ofCrimea to the Russian Federation and Establishing New Constituent Entities within the Russian Federation".
The Constitutional Court of Ukraine stresses that the Autonomous Republic of Crimea and the city of Sevastopol as integral parts of the administrative and territorial structure of Ukraine are not subjects of international law and therefore may not be parties to international treaties, signing of which result in violation of the territorial integrity of Ukraine. This runs contrary to the Constitution of Ukraine and the fundamental norms and principles of international law set forth in the Charter of the United Nations of 1945, the Statute of the Council of Europe of 1949, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations of October 24, 1970, the Final Act of the Conference on Security and Co-operation in Europe of 1975.
The provisions of these documents constitute the basis of the resolutions adopted by the United Nations and the Council of Europe with respect to Ukraine.
For instance, the General Assembly of the United Nations Resolution "The territorial integrity of Ukraine" dated March 27, 2014 № 68/262 stated that a referendum held in the Autonomous Republic of Crimea and the city of Sevastopol, having no validity, cannot form the basis for any alteration of the status of the Autonomous Republic of Crimea or the city of Sevastopol (paragraph 5).
The Parliamentary Assembly of the Council of Europe on April 9, 2014 adopted a Resolution "Recent developments in Ukraine: threats to the functioning of democratic institutions" № 1988 (2014), in which it indicated that the referendum was unconstitutional, its outcome and the illegal annexation of Crimea by the Russian Federation therefore have no legal effect and are not recognised by the Council of Europe (paragraph 16).
The Constitutional Court of the Russian Federation, having considered the "case concerning the constitutionality of the international treaty which has not entered into force between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and Establishing New Constituent Entities within the Russian Federation", on March 19, 2014 adopted a decision № 6-P, whichrecognised the treaty as such that complies with the Constitution of the Russian Federation, thus recognising the international legal personality of the administrative and territorial unit of Ukraine.
By providing assessment of the constitutionality of the Treaty between the Russian Federation and the so-called "Republic of Crimea" in the above decision, the Constitutional Court of the Russian Federation has also neglected the principles and provisions of the Memorandum regarding further development of comprehensive mutually beneficial Ukrainian-Russian relations, ensuring the rule of law, fundamental human rights and freedoms, mutual respect, trust and co-operation.
Considering the above and pursuant to Article 50 of the Law of Ukraine "On the Constitutional Court of Ukraine", § 7, § 75 of the Rules of Procedure of the Constitutional Court of Ukraine, the Constitutional Court of Ukraine
h e l d:
1. To terminate the effect of the Memorandum on development of co-operation between the Constitutional Court of Ukraine and the Constitutional Court of the Russian Federation dated June 14, 2000.
2. To authorise the Chairman of the Constitutional Court of Ukraine to inform the Constitutional Court of Russian Federation about the adopted decision.
The decision of the Constitutional Court of Ukraine shall be published in the "Bulletin of the Constitutional Court of Ukraine" and other official publications of Ukraine.
