The Venice Commission found Crimea’s March 16 referendum violated the Constitution of Ukraine as well as the Constitution of Crimea.
Voters had two options:
- Do you support the reunification of the Crimea with Russia as a subject of the Russian Federation?
- Do you support the restoration of the Constitution of the Republic of Crimea as of 1992 and the status of the Crimea as a part of Ukraine?
The first question is whether the Constitution of Ukraine allows referendums on secession. The Commission cited several Articles that address the issue.
Article 2: The sovereignty of Ukraine extends throughout its entire territory. Ukraine is a unitary state. The territory of Ukraine within its present border is indivisible and inviolable.
Article 73: Issues of altering the territory of Ukraine are resolved exclusively by an All-Ukrainian referendum.
Article 134: Refers to the Autonomous Republic of Crimea as an “inseparable constituent part of Ukraine.”
Article 138.2: Limits the competence of the Autonomous Republic of Crimea to “organizing and conducting local referendums,” therefore, issues of altering the territory of Ukraine cannot be decided by a local referendum.
Article 157.1: The Constitution of Ukraine shall not be amended, if the amendments foresee the abolition or restriction of human and citizens' rights and freedoms, or if they are oriented toward the liquidation of the independence or violation of the territorial indivisibility of Ukraine.
The Commission concluded that the Ukrainian constitution prohibits any local referendum which would alter the territory of Ukraine. It also said the referendum violates Article 28 of the Constitution of the Autonomous Republic of Crimea:
“The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea upon any and all matters regarding the powers of the Autonomous Republic of Crimea shall conform to the Constitution of Ukraine and Ukrainian laws.”
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