An Introduction to the Constitution of the Autonomous Republic of Crimea

The Autonomous Republic of Crimea is introduced to Oxford Constitutions of the World with an article on Crimea that includes a brief history of Crimea, and an analysis of the Constitution of the Autonomous Republic of Crimea.

Introduction

Crimea is a peninsula situated south of Ukraine proper and west of Russia. It is bordered on the south and west by the Black Sea and on the east by the Sea of Azov. It is connected in the north to Ukraine proper by the narrow Isthmus of Perekop. It is separated from Russia in the east by the Strait of Kerch. Crimea has an area of 26,990 square kilometers (10,425 square miles) and, according to a 2007 estimate, a population of 2,352,385. According to a 2001 census, 58.32% are Russian, 24.32% Ukrainian and 12.10% Tatar. The capital is Simferopol.

Crimea has known many masters. The Cimmerians, Bulgars, Greeks, Scythians, Goths, Huns, Khazara, Byzantines, Turks, Tatars and Mongols have all at one time controlled the area. In more recent times, it was part of the Ottoman Empire from the 15th to the 18th century before being annexed by the Russian Empire in 1783. After the overthrow of Czardom, Crimea was the site of the last stand of the White Russian forces under General Wrangel, who were defeated at the end of 1920. On October 18, 1921 Crimea became an autonomous soviet socialist republic within the Russian Soviet Federative Socialist Republic (RSFSR) and part of the Soviet Union. In 1945 Crimea became a province of the RSFRS, but in 1954 the Ukrainian General Secretary of the Soviet Communist Party, Nikita Khrushchev, transferred Crimea to the Ukrainian Soviet Socialist Republic, which was at that time part of the Soviet Union. With the collapse of the Soviet Union, Crimea became part of the newly independent Ukraine. In 1998, the present constitution was adopted for the Autonomous Republic of Crimea within Ukraine.

Events of 2014

Anti-Ukrainian and pro-Russian feeling has existed in Crimea ever since the collapse of the Soviet Union. The ousting of the pro-Russian Ukrainian President Yanukovych on February 22, 2014 and his replacement by a pro-European and nationalistic Ukrainian administration led to violent demonstrations in Crimea and precipitated the intervention of Russian forces. The situation was further worsened by the initial – and unwise – decision of the new authorities in Kiev to make Ukrainian the sole language throughout the country including Crimea. The decision was reversed but the damage was done.

The Parliament of Crimea called for a referendum on March 16, 2014 to decide whether the territory should rejoin Russia. The new Ukrainian Government and its western allies have held the referendum to be unconstitutional and of no validity, which is certainly true under the 1998 Constitution of Crimea. Russia, on the other hand, has agreed to abide by the results of the referendum. On March 11, 2014, the Crimean Parliament declared the independence of Crimea from Ukraine. The referendum on March 16, 2014 resulted in an overwhelming victory for re-attachment with Russia. On March 18, President Putin and the pro-Russian leaders of Crimea signed the document effectively annexing Crimea to Russia. Neither the result of the referendum nor the annexation to Russia have been accepted internationally, and the European Union and the United State are applying sanctions against Russia.

On April 11, 2014 Crimean lawmakers adopted a new constitution. Under this constitution the Republic of Crimea is a democratic state within the Russian Federation. A translation of this constitution will be published when it becomes available.

The 1998 Constitution as amended to 2009 and in effect as of March 2014

The 1998 Constitution of the Autonomous Republic of Crimea bestows powers over the following areas on Crimea:

• the adoption, pursuant to the Constitution of Ukraine, of the Constitution of Crimea and the statutory acts of Crimea and the control over compliance with the Constitution of Crimea and the statutory acts of Crimea;
• agriculture and forestry; amelioration and quarries; public works, crafts and trades; charity; urban planning and housing; resorts and recreation activities; tourism; hospitality industry and fairs; museums, libraries, theaters, other cultural establishments and historical and cultural reserves; public transport, motorways and water supply systems; hunting and fishing; sanitary and therapeutic services, as well as any and all other powers in other spheres provided for and delegated by Ukrainian laws;
• participation in the formation and implementation of the fundamental principles of the domestic policy, external commercial policy and foreign policy of Ukraine in matters concerning Crimea;
• resolution of matters concerning the administrative and territorial system of Crimea;
• determination of the procedure for the establishment, activity and powers of the authorities of Crimea within the scope of their powers delegated by Ukrainian laws;
• calling of regular elections of members of the Parliament of Crimea, approval of members of the election committee of Crimea and resolution of any other matters regarding the organization and holding of elections pursuant to Ukrainian legislation;
• calling and holding of local referendums upon matters coming under the scope of the powers of Crimea;
• participation in the training of people’s assessors and jurors pursuant to Ukrainian laws;
• exercise of certain powers coming under the Land Code of Ukraine, the Mineral Resources Code of Ukraine, the Water Code of Ukraine, the Law of Ukraine On Environmental Protection and other Ukrainian laws;
• administration of assets belonging to Crimea;
• pursuant to the Constitution of Ukraine and Ukrainian laws, determination of the structure and priorities of the development of the economy of Crimea, determination of the areas and priorities of investment activity, granting of benefits to investors, including foreign investors, and, in general, resolution of any other matters of investment activity, determination of priorities and ensuring of the development of science and technology, establishment and ensuring of the functioning of free economic zones, licensing of and assignment of quotas to the exportation of products made in Crimea, external commercial activity, economic activity within the exclusive maritime economic zone, participation, as may be agreed by the Cabinet of Ministers of Ukraine and with a view to protecting domestic commodity producers and the domestic market, in the regulation of customs duties and taxes upon overseas commodities imported into Crimea;
• development and approval of programs for socio-economic and cultural development, rational nature management and environmental protection in Crimea in keeping with national programs;
• preparation, approval and implementation of the budget of Crimea;
• fixing, under Ukrainian legislation, of revenues forming the budget of Crimea, securing of the implementation of the same, conducting of experiments in the sphere of taxation, the fixing of local taxes and fees, as well as the patenting of specific activities, and in general the exercise of such other powers in the budget and taxation sphere, as provided for by Ukrainian laws;
• determination of the resort status of localities, the establishment of sanitary protection zones of resorts; the determination of areas and priorities, as well as the resolution of matters of organization and development of tourist and resort areas; the exercise of the exclusive right of Crimea to grant to enterprises, establishments and organizations of any form of ownership located or acting in Crimea any benefits as to taxes and other payments fixed by Crimea in such branches;
• resolution of matters of environmental safety, rational management and use, protection and recovery of land and natural resources, imposing of quarantine and the declaration of natural disaster areas pursuant to Ukrainian laws; the development, approval and implementation of programs aimed at securing environmental safety, rational management and use, protection and recovery of land and water resources;
• given the specifics of Crimea, as determined by the Constitution of Ukraine and pursuant to the Constitution of Crimea, the preparation, approval and implementation of programs and the resolution of any matters concerning the application and development of Ukrainian, as the official language, Russian, Crimean Tatar and other ethnic languages, the organization and development of education, science and culture, the protection and use of historical and cultural monuments and landmarks, the organization and carrying out of activities relating to the securing of safe and healthy living conditions for the population, and the organization and development of public health, physical culture and sports;
• participation in guaranteeing civil rights and freedoms, interethnic and civil concord, assistance with the observance and maintenance of law and order and public security, and the exercise of such powers relating thereto as provided for by Ukrainian laws;
• initiation of a declaration of a state of emergency and the establishment of environmental hazard areas in Crimea or specific localities;
• development and pursuit of a scientifically substantiated demographic policy, and the regulation and development of urban planning, housing and utilities;
• participation in the development and implementation of Ukraine’s state programs of repatriation to Crimea of formerly displaced people¹;
• the approval of symbols, institution of the Diploma and the Diploma of Honor of the Parliament of Crimea, titles of honor and other distinctions of Crimea;
• participation in the formation of an information policy and the use of the information space within the territory of Crimea;
• organization of statistics in Crimea;
• exercise of the rights of ownership as to land and natural resources within the territory of Crimea, except such land and such natural resources as shall be owned by the Ukrainian State, the bodies of local self-government, individuals and legal entities;
• establishment of relations with other Ukrainian regions and with the authorities, enterprises, establishments, organizations and citizens’ associations of other countries and regions thereof, as well as with international organizations acting in the domain of economics, science, education, environmental protection and nature management, and in the socio-cultural sphere. These powers must be exercised within the framework of Ukraine’s national foreign and domestic policy.

Because of the linguistic composition of Crimea, the 1998 Constitution also contains important language rights:,/p>

• alongside Ukrainian, the application and development and use and protection of Russian, Crimean Tatar and other ethnic groups’ languages are guaranteed;
• Russian, being the language spoken by the majority of population and the language acceptable for purposes of interethnic communication, is to be used in all spheres of public life;
• citizens are guaranteed the right to be educated in their native language at preschool establishments, to learn their native language, to be taught in their native language at educational establishments of the state or owned by the Republic or municipalities or through ethnic cultural societies or in accordance with the procedure established by Ukrainian legislation and the statutory acts of the Parliament of Crimea within the scope of its powers;
• any official documents certifying a citizen’s status, such as the identity card, work record card, educational level evidences, birth certificate, marriage certificate and others, are to be executed in Ukrainian and Russian and, upon the request of a citizen, also in Crimean Tatar;
• the language of legal procedure, notarial procedure, administrative offence procedure and legal assistance in Crimea is Ukrainian or, upon the request of a participant in a respective procedure, Russian;
• post and telegraph correspondence from individuals, public, republican, non-government and other bodies, enterprises, establishments and organizations must be accepted for sending if executed in Ukrainian or Russian;
• Ukrainian or Russian or any other language acceptable for the parties is to be used in all consumer services (municipal services, public transport, public health and others) and at services sector enterprises, establishments and organizations.

The Constitution of Crimea may only be amended by the Parliament of Crimea. Legislative power in Crimea under the 1998 Constitution is vested in the Supreme Rada (Council) of the Autonomous Republic of Crimea (henceforth referred to as "the Parliament"). It is composed of 100 members elected by the majority principle on the basis of a universal, equal and direct suffrage by a secret ballot and for a five-year term. The term of the Parliament may be only ended prematurely by the Supreme Rada of Ukraine on the grounds and in accordance with the procedure determined by the Constitution of Ukraine. The Parliament has a quorum if at least two-thirds of its total membership is elected.

The Parliament of Crimea has the following powers:

• adoption of the Constitution of Crimea and its submission for approval by the Parliament of Crimea, and of statutory acts;
• calling of a regular election of the members of the Parliament of Crimea and approval of the composition of the election committee of Crimea;
• passing of a resolution upon the holding of a local referendum;
• determination of the procedure for administering the assets owned by Crimea;
• determination of the list of the assets of Crimea susceptible or not to privatization;
• approval of the budget of Crimea;
• fixing of taxes and tax benefits under Ukrainian laws;
• passing, upon a motion of the Council of Ministers of Crimea, of resolutions upon the issue of local loans;
• determination, upon the motion of the Council of Ministers of Crimea, of the procedure for the establishment of special purpose funds (including foreign currency funds), approval of regulations regarding such funds, control over the use of such funds and approval of reports upon the use of such funds;
• adoption, upon the submission by the Council of Ministers of Crimea, of the programs of Crimea for socio-economic and cultural development, rational management of nature and environmental protection in keeping with respective national programs;
• determination of matters concerning the administrative-territorial system under Ukrainian laws; acknowledgement of the resort status of localities, establishment of sanitary protection zones of resorts, resolution of matters of organization and development of resort and recreational activities and tourism;
• resolution, within the scope of its powers, of the matters of guaranteeing civil rights and freedoms and national concord, and assistance with the observance and maintenance of law and order and public security;
• resolution, within the scope its powers, of the matters concerning the application and development of the official language, Russian, Crimean Tatar and other ethnic languages and cultures in Crimea, protection and use of historical and cultural monuments and landmarks, and determining in which language the business and documents shall be done, carried out and executed by republican bodies;
• participation in the formulation of the basic principles of domestic policy, external commercial policy and foreign policy of Ukraine in matters concerning the interests of Crimea;
• election of its Chairman, the first Vice-Chairman and the Vice-Chairman and dismissal of the same;
• formation of its Presidium, its standing and ad hoc committees and the election of the chairmen of standing and ad hoc committees;
• approval of its Rules of Procedure;
• hiring of its staff, approval of its structure, size and estimate of the expenditures for its upkeep; determination of the organization and activity of the staff; appointment and dismissal, at the request of its Chairman of the Head of the Secretariat and the Administrator of the Parliament of Crimea;
• appointment and dismissal, at the request of its Chairman, of the Chairman of the Council of Ministers of Crimea;
• appointment, at the request of the Chairman of the Council of Ministers of Crimea, of the Vice-Chairmen of the Council of Ministers of Crimea and of the ministers and the chairmen of the committees of Crimea;
• approval, at the request of the Chairman of the Council of Ministers of Crimea, of the structure and size of the Council of Ministers of Crimea, its staff and the estimate of the expenditures for upkeep of the staff;
• establishment and abolition, upon a motion from the Chairman of the Council of Ministers of Crimea, of the ministries and committees of Crimea within the funds allocated from the budget of Crimea;
• dismissal, upon the grounds and in accordance with the procedure provided for by the Constitution of Ukraine, Ukrainian laws, the Constitution of Crimea and the statutory acts of the Parliament of Crimea, of the members of the Council of Ministers of Crimea;
• receiving information about the activity and the endorsement of the appointment and dismissal of the Head of the General Board of the Ministry of the Interior of Ukraine in Crimea, the Head of the General Board of Justice of the Ministry of Justice of Ukraine in Crimea and the Director-General of the State Broadcasting Company Krym; endorsement of appointment of the Public Prosecutor of Crimea;
• suspension of the decrees and orders of the Council of Ministers of Crimea regarding the discharge of state duties and the exercise of state powers in the event that such decrees and orders contradict the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Constitution of Crimea and the statutory acts of the Parliament of Crimea, while applying simultaneously to the President of Ukraine for repeal of such decrees and orders;
• repeal of the decrees and orders of the Council of Ministers of Crimea concerning matters coming within the scope of the powers of Crimea in the event that such decrees and orders contradict the Constitution of Ukraine, the Constitution of Crimea, Ukrainian laws and the statutory acts of the Parliament of Crimea;
• initiation of a declaration of a state of emergency and establishment of environmental hazard areas in Crimea or specific localities in cases provided for by Ukrainian legislation;
• receiving, not more than twice a year, the reports of the Chairman of the Council of Ministers of Crimea and the members of the Council of Ministers of Crimea;
• passing of the resolutions of the Parliament of Crimea regarding the dismissal of the Chairman of the Council of Ministers of Crimea and other members of the Council of Ministers of Crimea following a vote of no confidence; in the event that a resolution for the dismissal of the Chairman of the Council of Ministers of Crimea is passed following a vote of no confidence by a simple majority of votes of the total membership of the Parliament of Crimea, the Chairman of the Council of Ministers of Crimea shall be dismissed in accordance with the procedure provided for by the Constitution of Ukraine; pursuant to the Law of Ukraine on the Parliament of Crimea, in the event that a resolution for the dismissal of the Chairman of the Council of Ministers of Crimea is passed following a vote of no confidence by two-thirds of votes of the total membership of the Parliament of Crimea, the President of Ukraine shall agree to the dismissal of the Chairman of the Council of Ministers of Crimea;
• establishment of local mass media;
• resolution, within the powers conferred upon it by the Constitution of Ukraine and Ukrainian laws, of any and all matters regarding land matters, use of natural resources, amount of payment for the use of natural resources and other matters;
• approval of symbols, institution of the Diploma and the Diploma of Honor of the Parliament of Crimea, titles of honor and other distinctions of Crimea under Ukrainian legislation;
• receiving the reports of the committees, the heads of any and all bodies established, elected and/or formed by the Parliament of Crimea, and the officials appointed, elected or approved by the Parliament of Crimea;
• passing, pursuant to Ukrainian laws, of resolutions upon the establishment of areas and units of the natural reserve pool of Crimea and other specially protected areas and upon the declaration of natural and other units of historical, cultural, ecological or scientific value historical and/or cultural monuments and/or landmarks protected by law;
• determination of the procedure for concluding and approving treaties and agreements on behalf and in the name of Crimea upon any and all matters coming within the scope of the powers Crimea, and ratification of such treaties and agreements.

The acts of the Parliament, including the Constitution of Crimea, must be adopted by a majority of the votes of its total membership. The right to initiate legislation is vested in the members of the Parliament, such right being exercisable both individually and jointly, and the Council of Ministers of Crimea. There is no executive veto. The statutory acts of the Parliament are signed by the Chairman of the Parliament within 14 days of their adoption and take effect in accordance with the procedure established by the Constitution of Crimea and the statutory acts of the Parliament. However, they must conform to the Constitution of Ukraine and Ukrainian laws.

Executive power in Crimea is vested in the Council of Ministers, which comprises the Chairman, Vice-Chairmen and ministers. The powers of the Council of Ministers cover the following areas:

• development of economy;
• planning of economic and social development;
• financial, credit and pricing policy;
• industry;
• fuel and energy;
• agriculture;
• land management;
• forestry;
• water-resources development and irrigation farming;
• organization and development of resort and recreational activities and tourism;
• management and running of sanatoriums and health resorts and tourist complexes of Crimea;
• external commercial policy and external links;
• transport, communication and road construction;
• housing and communal services and improvement of territories, architecture and urban planning;
• trade and consumer services for the population;
• organization and development of education, science, culture, arts and historical and cultural monuments and protection of landmarks;
• printing and publishing;
• environmental protection;
• organization and securing of safe and healthy living conditions of population; organization and development of public health, physical culture and sports;
• labor, labor remuneration, conditions and protection, social issues and employment of the population, social protection of population;
• guaranteeing legality, observance and maintenance of public order and protection of civil rights;
• inter-ethnic relations;
• youth policy, protection of motherhood and childhood; and
• administration of the assets of Crimea in accordance with the procedure determined by the Parliament of Crimea.

The Chairman heads the Council of Ministers and has the following powers and responsibilities:

• chairing the meetings of the Council of Ministers, preparing the meetings and organizing control over the implementation of the acts of the Council of Ministers;
• presenting to the Parliament of Crimea candidates for the positions of Vice-Chairmen and ministers of the Council of Ministers and chairmen of the republican committees;
• approving the staff list of the ministries, republican committees and the Council of Ministers within such size and such estimate of expenditures as may be approved by the Parliament of Crimea;
• providing the overall management of the preparation of any business to be put on the agenda of the meetings of the Council of Ministers;
• signing the decrees, resolutions and orders of the Council of Ministers as well as treaties and agreements within the scope of his powers;
• investing recipients with the Diploma of Honor of the Council of Ministers;
• endorsing the appointment and dismissal of the deputy heads of the General Board of the Ministry of the Interior of Ukraine in Crimea, the heads of local and district offices of the Interior of the General Board of the Ministry of the Interior of Ukraine in Crimea, the deputy heads of the General Board of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, the Chairman and Vice-Chairmen of the State Tax Administration in the Autonomous Republic of Crimea and the heads of district and city state tax inspectorates in the Autonomous Republic of Crimea, the head and deputy heads of the tax police department in the Autonomous Republic of Crime, the head and deputy heads of the Supervisory and Auditing Board in the Autonomous Republic of Crimea, the head and deputy heads of the Crimean Regional Customs and the chief executive of the Radio and TV Broadcasting Centre.

In exercising its powers, the Council of Ministers of Crimea issues decrees, resolutions and orders that are binding and compulsory throughout Crimea. The Parliament of Crimea may suspend the decrees and orders of the Council of Ministers where they contradict the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Constitution of Crimea and the statutory acts of the Parliament of Crimea, while applying simultaneously to the President of Ukraine for repeal of such decrees and orders

The Chairman of the Council of Ministers is appointed and dismissed by the Parliament of Crimea on a proposal from the Chairman of the Parliament. The Vice-Chairmen and ministers of the Council of Ministers are appointed by the Parliament of Crimea on a proposal from the Chairman of the Council. They may be dismissed by the Parliament.

The Chairman and the whole Council of Ministers are politically responsible to the Parliament of Crimea. The Parliament may resolve, following a vote of non-confidence based on the unsatisfactory performance of their duties, the resignation of the Council of Ministers and/or the dismissal of the Chairman of the Council. Under the same circumstances, it may decide on the dismissal of a Vice-Chairman or a minister. Furthermore, the Parliament may pass a vote of no confidence, with the same consequences, in the Chairman or a specific minister for improper exercise of their powers and/or breach of the Constitution of Ukraine, the Constitution of Crimea, Ukrainian laws or the statutory acts of the Parliament of Crimea.

It would appear from the Constitution of Crimea that a vote of no confidence is sufficient for the dismissal of a Vice-Chairman or minister of the Council of Ministers. However, in the case of the Chairman, if the vote is passed by a simple majority of the total membership of the Parliament, the dismissal must be endorsed by the President of Ukraine. However, if the vote is passed by two-thirds of the membership of the Parliament, the President of Ukraine is bound to acquiesce.

There is no autonomous judicial power in Crimea. Justice is administered on the basis of and under the Constitution of Ukraine and Ukrainian laws. Courts acting within the territory of Crimea make up part of the united judicial system of Ukraine.

¹ This refers primarily to Crimean Tatars, who were deported by Joseph Stalin on account of their suspected collaboration with German invaders during the Second World War.