The Law on the transfer of the Crimean region to the Ukrainian SSR in 1954: constitutional and legal assessment in the context of foreign politics

 

PII S199132220027692-7-1 DOI 10.61205/S199132220027692-7 Publication type Article Status Published Authors Ilia Bondarchuk  Affiliation: Crimean Branch, Russian State University of Justice Address: Russian Federation, Simferopol Journal name Journal of Foreign Legislation and Comparative Law Edition Abstract The article examines an atypical situation generated by the implementation of the USSR Law of April 26, 1954 "On the transfer of the Crimean region from the RSFSR to the Ukrainian SSR". It has been established that the illegal transfer of Crimea to Ukraine, which took place on the basis of the USSR Law, is still the basis for non-recognition by some countries of the reunification of Crimea and Russia, for the establishment of illegal sanctions and manifestations of discrimination that create difficulties and inconveniences for the life of the population of Crimea and the city of Sevastopol. This aspect, according to the author, is the basis for raising the question of the substitution of the original meaning of the USSR Law of 1954, as well as the formation of unplanned legal consequences by the Soviet legislator that occurred during its implementation and the subsequent period of "experiencing the law" in modern conditions. In the article, the author analyzes legal prospects for overcoming the distortion of the meaning of the 1954 USSR Law in the current constitutional realities and comes to a practical conclusion about the prospects of challenging this law in the constitutional order as the most successful and acceptable from the point of view of the positive influence of constitutional courts on general integration processes in federal states. Keywords transfer of Crimea, Ukrainian SSR, interpolation of law, 1954, retroactive assessment of the law Received 22.09.2023 Publication date 27.12.2023 Cite   GOST Bondarchuk I. The Law on the transfer of the Crimean region to the Ukrainian SSR in 1954: constitutional and legal assessment in the context of foreign politics // Journal of Foreign Legislation and Comparative Law – 2023. – Articles_JZZSP_2023-2024 [Electronic resource]. URL: https://jzsp.jes.su/S199132220027692-7-1 (circulation date: 17.05.2024). DOI: 10.61205/S199132220027692-7 MLA Bondarchuk, Ilia "The Law on the transfer of the Crimean region to the Ukrainian SSR in 1954: constitutional and legal assessment in the context of foreign politics." Journal of Foreign Legislation and Comparative Law 0 (2023) DOI: 10.61205/S199132220027692-7 APA Bondarchuk I. (2023). The Law on the transfer of the Crimean region to the Ukrainian SSR in 1954: constitutional and legal assessment in the context of foreign politics. Journal of Foreign Legislation and Comparative Law (0) DOI: 10.61205/S199132220027692-7

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