Russia. Crimea. History. Nikolay Starikov

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СКАЧАТЬ The apparent legitimacy was provided by the fact that all decrees and resolutions were approved by the Supreme Rada. The same Rada, which existed BEFORE the coup. But it all was an illusion of a legitimacy. In this is not hard to make sure. It’s enough just to read the Constitution of Ukraine. Let us skip all emotions and chatter about who and how liked or disliked Yanukovich, as well as about what kind of a poor leader he was. Also, we are not going to discuss such baloney as reasoning of the kind “since he has left the territory of Ukraine then he ceased to be as its President”. In the Constitution there is nothing of the kind, there is no single word about “a love to a President” or “about the Presidential sacred duty to be in Ukraine”. But the Constitution contains very clear legal conditions describing the circumstances of the termination of Presidential powers. Here is the Constitution of 2004, to which the opposition had been so keen on returning:

      “Article 105. The President of Ukraine enjoys the right of immunity for the period of the execution of powers. For infringement of the honor and dignity of the President of Ukraine, the perpetrators are to be brought to justice under the law. The title of President of Ukraine is protected by law and remains for him for life, unless the President of Ukraine has been dismissed from the post of Impeachment”[94].

      The President is inviolable – he may not be detained or arrested. The Maidan militants were trying to do precisely this – when Yanukovich fled. There was firing at his car, there was a group of commandos for his extermination.

      But let us come back to the Constitution. It says that the President of Ukraine may be ousted from his position ONLY as a result of impeachment. No matter what kind of crime he would have allegedly committed, any other way of the ousting must be treated as the MOST SERIOUS VIOLATION of the country’s main law. Only impeachment – and nothing else. So, what does the procedure of impeachment look like? The Constitution provides the comprehensive description of it. It is not just a simple voting. To initiate a procedure of impeachment at least 226 Rada deputies must have voted for a creation of a special commission, which should include special prosecutor and special investigators. Has such commission been set up? No. The next step is the investigation, the conclusions of which should be presented to and considered by the Supreme Rada. After that, at least 300 Rada deputies should vote that a President is guilty. Let us emphasize: vote not for ousting, but just for deeming that a President is guilty! Finally, at least 338 Rada deputies (>75 % of 450 total number of the Rada deputies) must vote for the impeachment itself, and thus oust a President from powers. But this voting would be legitimate “only after the checking the case by the Constitutional Court of Ukraine and receiving its conclusion regarding compliance with the constitutional procedure of the investigation and consideration of the case for the impeachment, and also receiving a conclusion of the Supreme Court of Ukraine that the acts, in which the President of Ukraine is being accused, carry the signs of high treason or other crimes”[95].

      One can immediately see, that nothing, which required by the Constitution has been done. It simply means – there were no impeachment. The procedure was not even initiated. Finally, during the voting in Rada (the voting itself already violated the Constitution) for the “dismissal of Yanukovich” were only 328 votes – compare with the Constitutional requirement of minimum 338. Thus, the law was broken for many times. It is high time to ask a question: whether it is possible to violate a Constitution in such a delicate matter as appointing of the head of a state? The answer is – NO. But if it is done (i. e. a Constitution is violated), it is means that the power, which emerged as a result of such a “procedure”, is illegal and not legitimate. This was exactly, what was said in Russia starting from the very first day of the coup in Kiev…

      • Crimea. 23 February 2014 in Sevastopol people refused to recognize the new self-proclaimed Ukrainian authorities. Tens of thousands people gathered at a rally and declared a distrust of the local administration. At the same time, the rally participants voted for a new city head – the citizen of Russian Federation Alexey Chaly. The new city authorities have formed a new executive body of the city administration – the Directorate for ensuring of the functioning of all vital municipal services of Sevastopol. Chaly has headed the Directorate[96].

      • Crimea. A meeting of Crimean Tatars, timed to the day of memory of “the well-known” Mufti Noman Çelebicihan, took place in Simferopol. Surely, in the course of it, the event has become a political one – and targeted to a support of a “new power”. The demonstrators carried flags of the European Union, Ukraine, old flags of Crimean Tatars, slogans like “The Future of Ukraine is in the family of the united nations of Europe”, “Euro-Maidan Crimea”. The participants repeatedly chanted “Glory to Ukraine! To heroes – fame!”[97] Almost at the same time as the Crimean Tatars were rallying, other Simferopol’s residents, who were not willing to live in a “new Ukraine” under the non-legitimate and nationalist power, began to organize squads of self-defense of Crimea.

      24 February 2014. The new Ukrainian authority got recognition from the side of the European Union and the USA.[98] Such “trifles” as the absence in the Constitution even a mentioning about such state position as “Acting President”, the total violation of the Constitutional procedure of the impeachment, were of no concern for the “legalists” from the “civilized world”. They do not care about the “trifles” – “their” people have committed the coup, therefore the new power was immediately recognized.

      25 February 2014. Crimea. People at a mass rally, which was held in front of the building of the Supreme Council of Crimea, demanded that the local government should hold a referendum, and thus decide what will be the future of the Peninsula. The main objective of this rally was to show to the Crimean Parliament (the Supreme Council) that the demonstrators have not accepted and have not recognized the new Kiev authority as their own one. “We do not accept this brown, pro-fascist plague, which is imposing their notions on us,” – said one Cossack ataman[99].

      25 February 2014. Crimea. Crimean self-defense forces have erected the first checkpoints around Sevastopol[100]. All this happened because of the growing understanding that the chaos could come very soon to the peninsula from Kiev, and it may result in a bloodshed. Mass protests began in Simferopol, the protesters refused to recognize the change of power in Ukraine, which occurred after the President Viktor Yanukovich fled from Kiev[101]. The Mejlis of the Crimean Tatars organized a counter-rally of own supporters at the same place – in front of the Supreme Council of Crimea. The Tatar demonstration has fully supported the putsch in Kiev. These two actions at the same time and at the same place have resulted in a crush. About 20 people were injured nearby the Crimean parliament in scuffles, as the two rallies took place at the same time with opposite slogans[102]. Two people died – one as a result of crowding, another – from a heart attack[103]. Fortunately, it was the only one clash with an ethnic (or national) background. Other clashes of the same kind, which would be such desirable for Kiev authorities, were avoided.

      27 February 2014. Arseniy Yatsenyuk was appointed as a new Ukrainian Prime Minister; a Provisional Government was formed[104].

      • Crimea. At 4 o’clock in the morning unknown “Polite people” entered into the premises of the Supreme Council of Crimea. They ensured the security for the local deputies in holding plenary sessions. The story of the Crimean self-defense forces has begun[105]. The session of the Crimean Parliament has appointed a deputy of the Crimean СКАЧАТЬ