April 25, 2009, Pardubitse, Czech Republic
At the end of the First World War "Ruthenians to the south of the Carpathians", along with other Slavic people of the former Austro-Hungarian monarchy, having obtained the right to self-determination, became a subject of international law. At the same time, in 8.01.1918, U.S. President Woodrow Wilson proclaimed well-known 14-point conditions of the beginning of the truce with the enemies of The Principal Allied, especially with Germany and Austro-Hungary.
In paragraph 10 stated that the people of the Habsburg monarchy, including Ruthenians, should be able to obtain full independence.
In the 23 of October 1918, "Ruthenians to the south of the Carpathians" were included to the "Union of enslaved people of Europe" and by its decision recognized as an individual nation with the right to self-determination.
In the history of law, subjectivity has never been of a first or second class. International law does not divide the sovereignty of the people by rank "great", "less than great", or "small." International practice knows several ways to implement the people’s right to self-determination: the creation of an independent state, free association to another independent State or association with it, or granting any other political status freely determined by the people.
Sovereignty, as we know, exists only within the nation - a single and indivisible, inalienable and inviolable.
Decision of the Ruthenians, as expressed in the resolution of Central (Ruthenian) People's Parliament in Uzhgorod in the 8
th of May 1919 "on behalf of all the people" had fully supported the proposal of American Hungarian-Ruthenian Council to join the people of Czechoslovakia, on the basis of "full national autonomy". So it was made in the peace treaty of Saint-Germaine in September 10, 1919, which stated that "the territory of the Ruthenians to the south of the Carpathians" would join Czechoslovakia, with the proviso that it would provide the highest degree of autonomy to the Ruthenians, while preserving the unity of the Czechoslovak State. "So way, using the right to self-determination, Ruthenians, existing at the time of historical realities, voluntarily, without coercion, joined the Czech Republic as a "self-governing territory, given the broadest autonomy compatible with the unity of the Czechoslovak Republic, so that the part of their sovereign rights was delegated to the central Prague government". However, this in no way meant that they were refused or deprived of their sovereignty.
Hungary, in turn, in 1920, at the signing of the treaty in Trianone in the Art .4 also stated, that "Hungary recognized for its part, as it was already done by The Principal Allied and Associated Powers, the full independence of Czechoslovakia, which included an autonomous territory of the Ruthenians to the south of the Carpathians".
"Subcarpathian Ruthenia' (the name was introduced by the decision of the General Charter of 16 November 1919 and included in the CHSR Constitution, adopted in 1920), became part of Czechoslovakia. Ruthenians, with their territories, joined the CHSR as people with the right to self-determination, with a special status of the constitutive nation on equal terms with the Czechs and Slovaks. Subcarpathian Ruthenia gained international recognition, and its position was not disputed thereafter.
In 1938, Subcarpathian Ruthenia became an autonomous part of CHSR, headed by the Prime Minister and the Government, with the subsequent election of Parliament, as a state formation and independent nation. The Second World War disrupted the process of Ruthenian statehood.
The central Czechoslovak government, by signing in Moscow in June 29, 1945 "Treaty between the USSR and CHSR on Transcarpathian Ukraine," "had no right to unilaterally decide the fate of Subcarpathian Ruthenia providing the fact that it did not possess absolute jurisdiction in the territory, according to CHSR Constitution."
International law allows for secession in agreement between all parties concerned, i.e. voluntary consent, and in accordance with international law. However, during the negotiations and signing of the treaty in Moscow there was no third subject of international law - Subcarpathian Ruthenia, which in this case was presented as not a subject, but merely an object of international law.
At the time of signing of the treaty, there were serious breaches of the protocol. Czechoslovak signatories, Prime Minister Z. Firlinger and the State Secretary of Ministry of Foreign Affairs CHSR B. Clementis had no actual authority to the signing of the treaty, as E. Benes who had authorised them was not President of CHSR at the time, according to the Constitution. We know that in 05.10.1938 E. Benes perfectly legally refused the post of President of CHSR, and has never been constitutionally elected to this post.
Art. 2 of the treaty provided ratification by the Presidium of the Supreme Council of the USSR and the National Assembly of the CHSR. Czechoslovak side ratified the agreement by the Provisional People’s Assembly, which was not elected but appointed by decree of E. Benes, who had no constitutional right to approve the decision to change the borders of State and transfer part of its territory to another State. This fact was well understood by then Prime Minister of the CHSR Firlinger. In his speech on the signing of the treaty, he said he was confident that the National Assembly, which in the near future would be elected based on universal suffrage, would unanimously ratify this agreement.
International law regulates the expression of the people’s will in state ownership as the expression of will in the form of a plebiscite in accordance with all the appropriate conditions for its implementation, in particular, absence of the occupying forces in the territory during the plebiscite.
The reference to the treaty of 1945 on the freely expressed will of the people of Subcarpathian Ruthenia about secession from CHSR and accession to the USSR, was described in the" Manifest of the First Congress of People's Committees ". It was adopted in Mukachevo in 26.12.1944. As the matter of principle, it could not express the will of the people either in its form or in content.
This procedure was carried out during the war, in the territory occupied by a foreign army, in the "military field."
Indeed Mukachevo in 26.11.1944 was located in a zone of combat operations, the 4-th Ukrainian Front, i.e. in circumstances where the military leadership of the occupation army assumed full control and functions of supreme power. This caused suspension of civil rights.
In this situation, it does not make any sense to talk about the legitimacy of the procedures for the free will of the people to determine their political status. No State has a right to abandon their citizens and "collectively" pass them to anyone without the agreement of each individual citizen. The Protocol (Annex to the Treaty), allowed the optation only to persons of Czech and Slovak nationality, while the indigenous population of the province - Ruthenians, who were simply not mentioned, were deprived of this right, i.e. there has also occurred discrimination on ethnic grounds.
It is important to note that the Treaty of Moscow "On the Transcarpathian Ukraine" was signed between the CHSR and the USSR. Although at that time representation of Ukraine (Clause 5 Art. 72 of the Constitution of Ukraine) provided the right for an international relations, and the Presidium of Ukraine (Clause. 13 Art. 108) had had jurisdiction to ratify international treaties. Nevertheless, Ukraine had never signed the treaty, and at its signing, Ukrainian diplomats were not even present.
Foreign doctrine agrees that for the smooth implementation of international treaties into domestic legal framework, rule of law (decree) should not have more power than the standard deed and should comply with the treaty rules. None of the parties to the treaty "have the right to narrow or cancel their regulations, or any obligations included in existing international deeds."
However, in violation of international law, the decree of the Presidium of the USSR Supreme Soviet Council in 22 January 1946, unilaterally eliminated the subject of international law Subcarpathian Ruthenia (or Transcarpathian Ukraine), recognized by the international community and established in St.-Germaine and Trianone peace treaties.
In fact, Subcarpathian Ruthenia was transferred to the USSR only in the interim administration, which has prompted the Presidium of the Supreme Council of the USSR in Jan. 22, 1946 issue a decree on inclusion of the Transcarpathian region in the USSR, before the exchange of instruments of ratification.
During the period of the Soviet Union, "... the Union of free republics inviolable", Subcarpathian Ruthenia belonging to Ukraine did not matter much. Nevertheless, since the declaration of independence of Ukraine the situation has changed. The status of Subcarpathian Ruthenia or "Ruthenian question" should have been immediately included in the legal sphere of Ukraine.
The Constitution of Ukraine in Article 9 provides comprehensive list of international legal norms forming part of the national legislation of the country, with the force of international treaties of Ukraine, consent to be bound by was given by the Supreme Council of Ukraine.
"But since, as stated above, the treaty on the Transcarpathian Ukraine" as a subject of international law was signed by the USSR, not by Ukraine, in accordance with Article 7 of the Law of Ukraine on Succession of Ukraine", Ukraine is the only legal successor of the USSR treaties, which were agreed to be bound by the Supreme Council of Ukraine.
In other words, treaty, which is not accepted by the Supreme Council of Ukraine, is not a "part of the national legislation of Ukraine" and regarded in no effect with respect to Ukraine.
So far, there is no officially published Act to be bound by an international treaty on "Transcarpathian Ukraine" by the Supreme Council of Ukraine, and, therefore, the given treaty is not valid for independent Ukraine. In this regard, any relationships that have emerged between Kiev and the territory of the "Ruthenians to the south of the Carpathians ", since the proclamation of independence of Ukraine are illegitimate.
In this situation, of course, the best solution for the government of independent Ukraine would be prompt ratification of the treaty "On the Transcarpathian Ukraine," Amendment of the Constitution of the changes, i.e. acceptance of the will of the people in a referendum in 1991.
However, the political leadership of Ukraine is trying to solve the Ruthenian issue by administrative- repressive methods. Deliberately distorting the situation, the political circles of Kiev represent Ruthenian national movement as unreasonable, imaginary and illusory, labelling it as "political Ruthenism, Ruthenian separatism", directly threatening Ruthenian activists of persecution, according to the developed at the state level "Plan of ethno liquidation of Ruthenian people"
Categorically refusing to acknowledge the right to self-determination, freedom of will for the Ruthenian people (Subcarpathian Ruthenians), (available to them since 1918, and expressed in a referendum in 1991, when 78.2% population of the province opted for the status of "special self-governing administrative territory"), the government of Ukraine, in fact, withdrew from solving the "Ruthenian question", which is a crime itself. Theoretical grounds of this policy are the "State Plan of actions …" which would solve the Ruthenian question from the perspective of Ukraine. Moreover, during over 16 years of independence, Ukraine pursued a policy of cultural ethnocide and elements of genocide in terms of destruction of the habitat of Ruthenians:
1) There is pernicious by its consequences, and continuous clear-cutting of the Carpathian woods, inappropriate use of mineral water, and rare minerals;
2) The area for centuries is being polluted with heavy metals of the lead-zinc ores enrichment plant in Muzhievo, and dumping of toxic industrial waste from Europe ;
3) An active, hard-working indigenous Ruthenian population is being pushed abroad by poverty and disempowerment. About 300 thousand employable Ruthenians are forced to seek a source of living for their families outside Ukraine. Each year over 5000 of Ruthenians emigrate to other regions and countries, which causes the decrease in the number of indigenous population;
4) The new generation is being brought up without knowledge of the Ruthenian culture, without parental care, living in the environmental disaster of the Chernobyl zone, genetically modified and exported products, mostly smuggled and expired;
5) There is being implemented a policy of assimilation of Ruthenian people, forced Ukrainization, which systematically destroys Ruthenian language, traditions and culture. There is no education in native language in Transcarpathian schools, no Ruthenian department in Uzhgorod National University , and the term "Ruthenian" is prohibited;
6) Government pursues a consistent policy of lowering the number of Ruthenians living in the province;
7) There is the consistent prosecution of spiritual leader of Subcarpathian Ruthenians father Dimitry Sidor and other Ruthenian leaders.
The ongoing policy of Ukraine to "solve Ruthenian question" compels us to make a declaration on behalf of the 1 World Congress of Subcarpathian Ruthenians to the world, Ruthenian Diaspora, all Ruthenians in scattering, the international community to support the implementation of the Ruthenian people and, most importantly, to stop ethnocide, and save Ruthenian people.
We, the Ruthenian people, the delegates of the 1 World Congress of Subcarpathian Ruthenians, based on Saint-Germaine treaties, appeal to all the Ruthenian Diaspora, all Ruthenians in scattering, the whole world, the Heads of States, parliaments, governments. In the name of the Ruthenian people save us from extinction, help us to support statehood of the Republic of Subcarpathian Ruthenia, as the mother state of all Ruthenian world, restored in 1 Dec. 2008.
We see the future of our state and its immediate objectives in this format:
Name of the State is the Republic of Subcarpathian Ruthenia.
Political system is a parliamentary republic.
The capital of the Republic of Subcarpathian Ruthenia is the city of Uzhgorod (Mukachevo).
National symbols are tricolour flag, with the emblem of a red bear.
Constitutional Law 328 of 22 November 1938.
The national anthem of Ruthenians is the one adopted by Subcarpathian Ruthenia in the pre-Soviet and pre-Ukrainian time.
Republic of Subcarpathian Ruthenia is the mother state of the Ruthenian world.
Currency Unit is one tys.
Official languages are Ruthenian, Russian.
Regional languages are Hungarian, Romanian, and Ukrainian.
The lines of delimitation of borders with the Republic of Subcarpathian Ruthenia with Poland, Slovakia, Hungary and Romania are drawn based on the USSR borders.
The borders with the Ivano-Frankivsk and Lviv regions of Ukraine are held according to the delimitation line with Poland and Czechoslovakia before 29 June 1945.
Republic of Subcarpathian Ruthenia recognizes statehood of Ukraine, Abkhazia, Ossetia, and Transnistria.
Time is Central European Time.
Double citizenship is allowed in the territory of the Republic of Subcarpathian Ruthenia.
Citizens without the citizenship of the Republic of Subcarpathian Ruthenia are seen as foreign.
Foreigners need to obtain visas at the relevant consular offices in the country of citizenship.
In addition, Ruthenians of Subcarpathian Diaspora living outside Subcarpathian Ruthenia, will need to obtain an ethnic passport.
Republic of Subcarpathian Ruthenia has no territorial claims against other States, guided by the principle of good relations with neighbour countries
Taxation - Tax 3%, no VAT for enterprises.
There is an implemented «Subcarpathian Ruthenian economic doctrine».
The entire territory of the Republic of Subcarpathian Ruthenia is a "FREE TRADE ZONE"
During 18 years of illegitimate ruling in the territory of TR Ukraine caused damage of 23 billion Euros.
All citizens have the right to free higher education.
All citizens are entitled to free medical care.
All citizens have the right to free Internet access.
All rights of national minorities in the Republic of Subcarpathian Ruthenia will be guaranteed under the European Convention of the Rights of National Minorities.
Illegally privatized by Ukraine real and personal property of the Republic of Subcarpathian Ruthenia will become the property of the Republic of Subcarpathian Ruthenia, without any obligations.
All international treaties relating directly or indirectly to Subcarpathian Ruthenia, signed after October 1938, will be subject to ratification by Parliament of SR. Without the ratification, such treaties will not be included in the legal sphere of SR and have legal effect.
The status of Subcarpathian Ruthenia will be demilitarized zone with international guarantees to protect the integrity of its borders.
Republic of Subcarpathian Ruthenia intends to join the Eurasian Economic Community and the ruble zone, as well as the Collective Security Treaty.
State property - land, forests, water, gas transit system and infrastructure that illicitly became the property of Ukraine will be immediately returned to SR, without any ransom, compensation and any other obligations on the part of Subcarpathian Ruthenia.
The Ukrainian state property in the RSR, as well as all the land, all the transit facilities: GTS (gas-transit system), other product transit lines, rail, roads, power lines with all the infrastructure will be transferred to the republican, city, district and rural authorities of the Republic.
All transit agreements signed earlier by the Ukrainian side in relation to the transit infrastructure of Subcarpathian Ruthenia will be subject to cancellation and renegotiation by Subcarpathian Ruthenian side.
All the earlier agreements on the full range of issues related to the transit of gas from Ukraine in the Republic of Subcarpathian Ruthenia through GTS and further transit to the EU in all three areas of transit to Slovakia, Hungary, and Romania will be renegotiated. After renegotiation, all the contracts will be carried out without interruption in the supply and the volume of the delivered gas.
Ukraine and all intermediary structures will be entirely excluded from the scheme of payments for gas transit through the territory of the Republic of Subcarpathian Ruthenia: the entire gas transfer system will be absolutely transparent and predictable.
Subcarpathian Ruthenian state-owned operators of gas transit will ensure the independence of the legal, institutional, reporting and decision-making spheres.
Treaty on the transit of electricity through the Republic of Subcarpathian Ruthenia from Ukraine, and from Slovakia to Hungary and Romania, signed before by the Ukrainian side, in relation to transit infrastructure of Subcarpathian Ruthenia, cease to be valid and must be renegotiated by Subcarpathian Ruthenian side.
Former Uzhgorod Branch of the Lvov railway will be renamed to Subcarpathian Ruthenian, and it will be transferred to state ownership of Subcarpathian Ruthenia.
Issues related to tariffs, development of railway infrastructure in the RSR, the design and construction of new lines, funding for all projects, including funding for the modernization of railway infrastructure, would be taking place according to the Government of RSR.
The entire road network of Subcarpathian Ruthenian public roads, the international transport corridor 5 via Chop are of international importance and are the link between EU, Russia, and the European network of highways from Slovakia, Hungary, and Romania, and they will be transferred to state ownership of Subcarpathian Ruthenia.
Any damage to the transmissible property belonging to the Republic of Subcarpathian Ruthenia will be considered a serious crime, prosecutable in the transition period by Ruthenian People's Tribunal.
Government Commission of the Republic of Subcarpathian Ruthenia will take all the necessary steps to comply with the all the policies regarding transmissible property, to determine what exactly must be transmitted and the size of such property. There will be an accurate inventory and strict protection of all property with all the infrastructure, etc.
All cases of extremism and persecution of Ruthenians, Hungarians and other ethnic groups based on nationality in the period of 1938-1945 -2009 will be investigated.
1World Congress of Subcarpathian Ruthenians empowers Government of the Republic of Subcarpathian Ruthenia, which was elected on the Second European Congress of Subcarpathian Ruthenians, for the implementation of the decisions of the 1World Congress of Subcarpathian Ruthenians.
House of Government of the Republic of Subcarpathian Ruthenia will be placed in
Nineteen, Pravoslavnaja Naberezhnaja, Uzhgorod