“The Autonomous Republic of Crimea in the Constitution of Ukraine is devoted to the X section. It refers to the legal powers and subordination of the rulemaking body and executive power to the Central Bodies of Ukraine.”, – WRITE: www.pravda.com.ua
In this article, we analyze why the Crimean Tatars were not mentioned in the Basic Law, not attached to its preparation and whether it can be corrected now.
“The Soviet Union, falling apart, set up a lot of things that at that time were considered simply as a mere of slow -acting action, -says the participant of the constitutional process and in the 96th People’s Deputy of the second convocation Roman Bezsmertny,– Questions and territorial autonomy and national autonomy – These were oranged things and looked at them for the most part through the lens of the Soviet legal system. I call it a collective farm law. ”
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The Soviet approach did not envisage national self -determination of peoples, and national autonomy, were essentially territorial entities, without broad national powers. However, the Crimean Tatar national autonomy on the peninsula was. The Crimean ASSR was established in 1921 and liquidated by Stalin after the deportation of the Crimean Tatar people in the 44th. The last stage of the Soviet Union’s existence, “restructuring”, somewhat softened policy on national issues. In 1989, after many years of struggle, petitions and protests – the Crimean Tatar National Movement made the creation of the Commission on the problems of the Crimean Tatar people and adopting a resolution that deported deportation. The lawyer and member of the UN Permanent Forum on indigenous peoples Suleiman Mamutov says that then there was a real chance of creating in Crimea national autonomy of Crimean Tatars: “This commission has come to the conclusion that the restoration of the Crimean ASSR is a logical step in the restoration of the rights of the Crimean Tatar people and, in particular, a return. And the conclusion of this commission was supported What was nothing about us. ”
And such a model of autonomy was later spelled out in the Constitution of Ukraine. The preparation of the project of the Basic Law took place at the time when the Crimean Tatars returned massively from the deportation sites to the historical homeland, to the Crimea. Roman Bezsmertny says that attempts to legislate the rights of the Crimean Tatar people within the working group were: “An attempt of some of the participants in this process, especially young, as I say, is overgrown, and this is Sobolev, Lavrynovych, Stetskiv, raise this issue, they were raised on a tremendous attack, and on all sides. And it was a major obstacle to consider this problem,” He remembers immortal.
He himself was one of the co -authors of the section of the Constitution dedicated to the Autonomous Republic of Crimea.
“From the text, which was prepared, it was three times greater than what remained in it. And there were my naive attempts to bring the concept of Crimean Tatars there as an ethnic group, it flew from there. And the topic in general was obtained on which some of us were insisted on, it was simultaneous. Explains the atmosphere at which Roman Bezsmertny’s section was prepared.
Suleiman Mamutov says that he analyzed the staff of those deputies who in 95-96 participated in the discussion of the project of the Constitution. Among them were parliamentarians from the Crimea.
“I counted 23 deputies from Crimea (including Sevastopol) in the Verkhovna Rada of this convocation), they were called the Crimean group. But there was no Crimean Tatar. In my opinion, it became one of the preparatory springboards to occupy the peninsula “, Mamutov says.
Among Ukrainian politicians who took care of the rights of the Crimean Tatar people, Roman Bezsmertny distinguishes Levko Lukyanenko and Vyacheslav Chornovil. He says when it became clear that the theme of the Crimean Tatars would not be able to be included even in the Constitution of the Autonomous Republic of Crimea, a decision was made between national-democratic political forces in its lists of Crimean Tatars. So later, Mustafa Dzhemilev and Refat Chubarov passed to the Ukrainian Parliament. The failure of attempts to include the rights of the Crimean Tatar people in the Constitution of Ukraine is immortal as follows: “The key signal that I want to give is that at that time, we were the overwhelming majority in the captivity of the Soviet view. And so it was very, very difficult to escape from him. “
Since the adoption of the Constitution of Ukraine, where they have not mentioned the Crimean Tatars, it has been 25 years. Homeland of the Crimean Tatar people 12 years under Russian occupation. Four years ago, the Verkhovna Rada adopted the Law “On the Native Peoples”. However, one of its provisions – the official recognition of the representative body of the indigenous people – the Majlis of the Crimean Tatar people has not yet been resolved at the Cabinet level. In 2017, the Constitutional Commission created a working group to amend the X section of the Constitution of Ukraine. Among the proposals – to state that the source of autonomy is the right of Crimean Tatars to self -determination, as the indigenous people of Ukraine, the representation of the Crimean Tatars in the Parliament of Autonomy – 34 deputies out of 100, the official status of Kurulta and Majlis. Suleiman Mamutov believes that the solution of the rights of Crimean Tatars at the level of the Constitution is one of the first tasks after the Crimea is de -occupation.
“Ukrainians ask and demand from the world:” Nothing about us without us. The same applies to indigenous peoples, the Crimean Tatar people. It is a public recognition of what We have the right to be at homeas at home. This is the first step. Next are political and legal steps “, – explains his position Mamutov. “After the victory of Ukraine, after the end of the war, after the de-occupation of the Crimean peninsula, this step should be a thorough work on reviewing the section of the 10th Constitution of Ukraine. So that it corresponds to the principles of peoples’ rights. We were able to exercise the right to self -determination within the sovereign Ukrainian state in this way, ” – Mr Suleiman continues.
Roman Bezsmertny says that now, when Ukraine seeks to integrate into the European community, one of the requirements of such integration is to bring internal legislation and certain positions of the Constitution to European norms. In particular, in terms of the rights of national minorities and indigenous peoples. And he calls it a chance to restore justice against the Crimean Tatars.
“IN the current situation It is important to take a step such as the adoption of constitutional law. There is no such thing in Ukraine, but it can be introduced as the general consent of society, parliament, president, government. And in parallel, after the end of the war, the possibility of amending the Constitution. These changes need to be prepared. But the constitutional law would allow the Crimean Tatars to guarantee these things now and show that it will be introduced into the Constitution of Ukraine, ” – said Immortal.
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