Treaty on the Union of Sovereign States 1991. Draft Treaty on the Union of Sovereign States

Only a limited number of matters are under the jurisdiction of a union of sovereign states, while all its members retain state sovereignty. Such unions are created, as a rule, to solve certain problems and achieve specific goals and are rarely stable in a historical perspective, but there are exceptions.

What is a confederation?

A union of sovereign states is a form of government in which all decisions of the central government do not have direct force, but are mediated by the authorities of the member states of the union. The criteria for defining any union as a confederation are so vague that many political scientists are even inclined not to consider the confederation a full-fledged state.

All decisions made by the confederal government must be approved by the authorities of the states in the union. However, the most important feature of the confederation is the right of any of its members to leave at their own request, without coordinating such a decision with other members and the central government.

It is worth considering, however, that the significant variety of forms of state-legal unions of states does not make it possible to set constant and unchanging criteria for determining a confederation. In this case, it makes sense to turn to historical examples and the practice of state government.

Historical forms of confederation

The history of statehood knows examples of both confederations with fairly strong centralization and clear powers of the central government, and rather amorphous state formations in which the center performed exclusively nominal functions.

A striking example of the instability of a confederation as a union of sovereign states is the United States, through which one can trace the evolution of a confederation from an entity with an extremely weak center into a typical federation with a strong power of the head of state.

The first Declaration indicated that the states would enter into separate agreements among themselves for joint defense and improvement of infrastructure, but the “Articles of Confederation,” which outlined the plan of action for unification, were more of a recommendation in nature. Later, the Articles were fiercely criticized by the Founding Fathers, and the governmental structure of the United States of America underwent a significant transformation.

History of Switzerland

Switzerland is considered to be the most striking example of the ability of a confederation to have a long-term sustainable existence. In its current form, such a state-legal union of sovereign states took shape on August 1, 1291, when three Swiss cantons signed the so-called letter of union.

Later, in 1798, Napoleonic France abolished the confederal structure of Switzerland, establishing the unitary Helvetic Republic. However, five years later this decision had to be reversed, returning the Alpine state to its natural state.

A confederation is a permanent union of sovereign states, but even in a confederation there are a number of issues that are dealt with by the central government. For example, in modern Switzerland, such issues are the issue of money and defense policy.

However, the main way to ensure state security in the case of Switzerland is political neutrality, which guarantees the country’s non-interference in any international conflicts. This position of the state in the world political arena provides it with a stable economic position and security on the part of the world's leading players, since each of them is interested in the existence of a neutral arbiter or mediator.

Prospects for a confederal structure

Despite the fact that historically the confederation appeared simultaneously with the federation, this form of union of sovereign states has become much less widespread.

Throughout the late Middle Ages and throughout modern times, state building tended toward centralization and strong state control in all areas.

Today, however, lawyers and government experts consider the confederal form of structure to be the most promising and agree that it will become increasingly popular.

Modern confederations

Such expectations are due to the fact that in international practice there has been an obvious tendency towards a partial renunciation of sovereignty in favor of supranational structures, which some political scientists tend to consider prototypes of future large confederations.

A striking example of a permanent union of states is which has a common currency, a single border and is subject to many decisions of the central authorities, although they are recommendations.

In 1991, Gorbachev launched the Novo-Ogarevo process, as a result of which it was expected to develop and sign a new union treaty with the republics of the USSR. The agreement was to go down in history as "SSG" - Soyuz Sovereign States. During this process, the struggle between Gorbachev and Yeltsin acquired such a character that it became necessary to knock the chair out from under Yeltsin with the help of introducing the status of union republics for Tatarstan, Bashkiria - all republics of the RSFSR. Then the RSFSR will weaken, Yeltsin will be “scared,” and Gorbachev will have the opportunity to build a new balance of relations with him.

The Novo-Ogarevsky process was even more dangerous than the one proposed by Yeltsin - EVERYTHING could be sprayed! There wouldn't even be Russian Federation. And Yeltsin, it was clear then, having freed himself from the republics of the USSR, would grab power in the Russian Federation with his hands and feet and would not give it up to anyone. Somehow the springboard for a possible future recovery will remain. And if we let Gorbachev complete his work, the country will be completely, irreversibly, disintegrated, once and for all.

But it was not Gorbachev who came up with the SSG configuration, which he wanted to implement by signing the corresponding agreement on August 20, 1991. A similar model of transformation of the USSR existed for quite a long time.

After Stalin, none of the political, military, party-economic, elite, special service groups, members of the Politburo, etc., the Stalinist model Soviet Union and the world communist system was not needed at all. And there was a struggle to implement other models alternative to the current one. It began during his lifetime and unfolded after Stalin’s death.

The Leningraders (or “Russian Group”), who demanded the creation of a separate party, like all republics, for the RSFSR, demanded greater economic isolation. Naturally, they could not demand anything out of the ordinary then, but all this was the first steps towards the design of the model “Russia without chocks” - so as not to share power with non-Russians, not to adjust the ideology to them. Towards the design of Yeltsin's CIS model.

During his lifetime, Stalin kept a good balance between Russian, Caucasian, and Central Asian groups, which had a variety of claims against each other.

There was another model for redressing claims. L.P. Beria proposed a native one for the Union republics, National language, National 1st Secretary, the confederal entry of the republics into a common state - must exist on equal terms in Moscow. That is The national cadres were to receive full support bases in their republics and parity in Moscow - to gain enormous power.

Beria wanted a confederation, and his opponents wanted to separate the Caucasian “chocks”, the Asian ones, and at the same time some others and, remaining in a smaller territory, gain all power. Stalin balanced between these two groups. The groups survived Stalin, their struggle continued until Perestroika. Beria's group was greatly weakened in the 50s and slowly recovered under Brezhnev, who strengthened the KGB after Khrushchev's trampling. Andropov belonged to Beria’s group.

The existence of two groups can also be traced in the military-industrial complex. There were two military-industrial complexes in the USSR:

1. Branches of the military-industrial complex for the production of tanks, ships, missiles. This military-industrial complex has never been inferior to the West in the quality of its products. That's why I lived poorly. Dacha, Volga, order - that's all.

2. Branches of the military-industrial complex responsible for thin, complex electronics. Its workers rolled around like cheese in butter. They were actively in contact with foreign countries - with the help of their agents they mined in the West necessary technologies and brought them to the USSR. This means that the agents had to be paid; money was provided for this. Few people knew exactly how much they paid the agents, who demanded a lot. Naturally, a variety of frauds took place, as a result of which some Money, allocated for the theft of technology, ended up in the hands of these groups of the military-industrial complex.

The struggle was between the conditional Sverdlovsk (“Tankograd”) and Moscow, the center. The Russian group, that is, the Sverdlovsk people, realized that market reforms and privatization were coming, but they had not accumulated any capital. Then they, taking advantage of the opportunities of Perestroika, began to produce sports equipment. All the raw materials contained in the warehouses were turned into titanium dumbbells, barbells and weights made from rare valuable alloys. In this form, everything was sold abroad to those who then melted it down. A gigantic amount of metal thus left the USSR, being converted into the capital of the Russian group. There were other schemes as well.

Both groups, having obtained money, already put forward their own models of privatization, and economists, and political groups. The Russian group relied first on Ryzhkov (who became Prime Minister of the USSR under President Gorbachev), then on Yeltsin. That is, in Sverdlovsk. Yeltsin was less pro-Soviet, but everyone already wanted a market, closer cooperation with the West, joining Europe... They won’t take the entire USSR into Europe, but if all non-Russian republics are separated from the RSFSR, that’s a different matter. Another option is the “SSG” of Beria-Andropov-Gorbachev, which was called “entering Europe in parts”, independent countries.

Yeltsin's struggle with Gorbachev was the struggle of the Russian group with the Beria group. This was not only a struggle between two powerful politicians for power in the country, two much more powerful entities clashed, their struggle can be traced both during Perestroika and in the Post-Perestroika processes.

State Emergency Committee - a general battle.

Three groups within the State Emergency Committee process, three models, each of which implied its own result, absolutely incompatible with possible results the rest - up to and including brutal reprisals against the losers:

1. Gently or roughly remove Yeltsin from power by protecting Gorbachev.
Gorbachev welcomed such a scenario, and by “eccentrics with the letter M” (as he called the GKChP-ists), he meant that instead of this scenario, something else happened, harmful to him, dooming the SSG plan to failure. Vice-President of the USSR Yanaev is one of the representatives.

Gennady Yanaev

2. Remove Gorbachev from power, saving the USSR from the “SSG” scenario. Put on Yeltsin in two options, either or:

2_A. Make Yeltsin president of the USSR.
The plan was developed by Prime Minister Pavlov's team and was optimal. Yeltsin would have seized power; he would have had enough energy to bring everything to a common denominator in the republics, between groups of elites. Post-Soviet history could have been different: there would not have been such shocking reforms (and impossible on a territory larger than the Russian Federation, and many economic ties would have survived... conflicts in hot spots would have proceeded differently...).

Valentin Pavlov

2_B. Given the impossibility of preserving the USSR, making Yeltsin the president of the independent Russian Federation, carrying out monstrous shock reforms in it, instilling in the population a fierce hatred of capitalism-liberalism (and the people in 1991 really wanted capitalism, it was impossible to simply and rudely “break off” it - strikes and protests were guaranteed ).
According to plan people disillusioned with liberalism will calmly react to a more or less authoritarian non-communist authorities, restoring order in the country after the liberal revelry. Gradually everything will get better, Russia will “pull” some of the republics towards itself - and will reunite with Europe in some EU. KGB Chairman Kryuchkov also worked for this scenario.

Vladimir Kryuchkov

By the way, all processes, with more or less acceptable deviations, went according to plan 2B. Another thing is that the plan did not work in the end. Yeltsin turned out to be stronger than they thought. Having ousted Gaidar from his post back in the early 90s, he did not allow the people to become outrageously outraged by the shock changes. Somehow maneuvering between representatives of the Beria and Russian groups, he transferred power to Putin in 2000...

3. Remove both Yeltsin and Gorbachev. Bring to power people who can stabilize the situation, carry out moderate market reforms, preserve the socialist system and the USSR as an integral state. The weakest group, Politburo member Oleg Shenin is one of its representatives.

Oleg Shenin

This explains the contradictory nature of the actions of the State Emergency Committee; there were three large groups that wanted completely different results. There were also smaller groups, they made parallel bets, played on contradictions, etc.

None of the main groups was ready for the decisive actions that the security forces could offer them to implement each of the scenarios. The members of the State Emergency Committee decided to act only “until first blood” - there was no determination to go to the end, there was no confidence in their own rightness. They did not formulate for themselves a GOAL that could justify the brute force used. They were looking for simple and quick solutions(which did not exist) were not ready for bloody adventures.

Yeltsin had this GOAL, which is infinitely disgusting to the majority of Russians, was formulated in 1993, the determination was there - so the MEANS were used. Unlike the State Emergency Committee, he did not put “Swan Lake” on TV, he had people who knew what to say, what to call for, how to convince... The State Emergency Committee was not preparing for dialogue with the people AT ALL.

The main merit of the State Emergency Committee is the disruption of the signing of the "GCC" agreement by Gorbachev on August 20, 1991, which was being prepared for August 20, 1991 by the USSR republics, the worst of all possible scenarios.

The members of the State Emergency Committee acted morally, but the consequences were devastating. Having watched them for years, they may have regretted their indecision... This is the brilliance and poverty of the State Emergency Committee.

From the State Emergency Committee to the Belovezhskaya Accords. Why didn't they attack Yeltsin?

The State Emergency Committee lost. This monstrously changed the political balance of power. Until August 19, 1991 it was like this:

1. Conservative groups seeking to preserve the USSR.
Their representatives were members of the Congress of People's Deputies of the USSR, the Army and the KGB (certain groups of them), the CPSU with millions of people, the "Union" group, the Unions of Officers... There were also groups of intellectuals of the ETC and the newspaper "Zavtra" (then "Den") . Immediately more than 70% of those who voted in the referendum “FOR preserving the USSR as a renewed federation.” Federations, not confederations, etc. - it’s just that liberals always cling to the word “renewed”, interpreting the results of the referendum differently. Formally, the federal structure implies even closer interaction than was the case between the republics in the USSR).

2. Sovereignizers seeking more radical transformations of the USSR.
Including Yeltsin and the Russian Group project he formalized in the Belovezhskaya Accords. Rutskoy (Vice-President of the RSFSR) and Khasbulatov (Chairman of the Supreme Council of the RSFSR) were shocked by Belovezhie, their contradictions with Yeltsin grew and resulted in the political crisis of September-October 1993.

Alexander Rutskoi, Boris Yeltsin and Ruslan Khasbulatov.

3. Gorbachev and his team.
He keeps a balance between democrats and conservatives, plays on their contradictions to his advantage. He does not want to unite either with Yeltsin’s group, or, ESPECIALLY, with those who are for a united USSR. Implements the project of Beria's group in execution of the new version of the SSG agreement.

After the defeat of the Emergency Committee, the conservatives were dealt a crushing blow. Many scenarios for defending the integrity of the USSR could be developed. The ETC group, which supported Prime Minister V. Pavlov, for example, was preparing a plan to remove Gorbachev from the post of Secretary of the CPSU Central Committee (he would have remained president, but the CPSU would have gone into opposition to him completely. Gorbachev’s group would have weakened and in the “CPSU versus Yeltsin” arrangement one could would achieve considerable results). The State Emergency Committee was the most ineffective scenario for the conservatives, which brought the minimum result - the failure to sign the JCC.

Gorbachev was now left alone with Yeltsin. Yeltsin finished off the conservatives and attacked Gorbachev, finished off and attacked...

The half-defeated conservatives and Gorbachev, trying to defeat Yeltsin, could unite. Gorbachev was the legitimate president, the Supreme Commander-in-Chief (at least he had loyal units and power units ready for active action) - he could still give a worthy fight to Yeltsin and his Belovezhye... Gorbachev could, and was obliged, for the sake of preserving his own power, to paralyze the absolutely illegal actions of Yeltsin in December 1991. He should and was obliged to call on the people for help, declaring his desire to preserve the integrity of the USSR, about the Yeltsin rebellion.
All responsibility for the historical fate of the USSR rests with him.

Gorbachev did not do this.

The states that have signed this treaty, based on their declarations of sovereignty and recognizing the right of nations to self-determination; taking into account the closeness of the historical destinies of their peoples and expressing their will to live in friendship and harmony, developing equal, mutually beneficial cooperation; taking care of their material well-being and spiritual development, mutual enrichment of national cultures, and ensuring common security; Desiring to create reliable guarantees of the rights and freedoms of citizens, we decided to create a Union of Sovereign States on a new basis and agreed on the following. I. Basic principles. First. Each republic party to the treaty is a sovereign state. The Union of Sovereign States (USS) is a confederal democratic state that exercises power within the limits of the powers that the parties to the treaty voluntarily grant it. Second. The states forming the Union reserve the right to independently resolve all issues of their development, guaranteeing equal political rights and opportunities for socio-economic and cultural progress to all peoples living on their territory.

Fifth. The states forming the Union independently determine their national-state and administrative-territorial structure, system of authorities and management.

Seventh. The Union of Sovereign States stands in international relations as a sovereign state, a subject of international law - the successor of the Union of Soviet Socialist Republics.

II. Structure of the UnionArticle 1. Membership in the UnionMembership of states in the Union is voluntary.

Article 2. Citizenship of the Union A citizen of a state that is a member of the Union is at the same time a citizen of the Union of Sovereign States.

Article 3. Territory of the Union The territory of the Union consists of the territories of all states party to the treaty.

Article 5. Armed Forces of the Union The Union of Sovereign States has unified armed forces with centralized control.

Article 8. PropertyStates parties to the treaty ensure the free development and protection of all forms of property. The states parties to the treaty shall place at the disposal of the bodies of the Union the property necessary for the exercise of the powers entrusted to them. This property is the joint property of the states forming the Union and is used exclusively in their common interests, including the accelerated development of lagging regions.

III. Bodies of the UnionArticle 12. Supreme Council of the Union The legislative power of the Union is exercised by the Supreme Council of the Union, consisting of two chambers: the Council of Republics and the Council of the Union.

The Council of the Republics makes decisions on the organization and procedure for the activities of the bodies of the Union of Sovereign States, considers issues of relations between the republics, ratifies and denounces international treaties Union, gives consent to the appointment of the Government of the Union. The Council of the Union considers issues of ensuring the rights and freedoms of citizens and makes decisions on all issues within the competence of the Supreme Council, with the exception of those that fall within the competence of the Council of Republics.

Article 13. President of the Union The President of the Union is the head of the confederal state. The President of the Union acts as a guarantor of compliance with the Treaty on the Union of Sovereign States and the laws of the Union, is the Commander-in-Chief of the Armed Forces of the Union, represents the Union in relations with foreign states, and monitors the implementation of the international obligations of the Union.

IV. Final provisions Article 19. Language interethnic communication in the Union, the parties to the agreement independently determine their official language(languages). The states parties to the treaty recognize the Russian language as the language of interethnic communication in the Union. Article 20. Capital of the Union The capital of the Union is the city of Moscow. Article 21. State symbols UnionThe Union has a state emblem, flag and anthem.

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On the morning of August 18, 1991, the regular issue of the weekly Moscow News went on sale in kiosks in many cities of the USSR, in which the draft Treaty on the Union of Sovereign States was published, the signing of which was scheduled for August 20.

In the same issue, an editorial note was published introducing the text of the Treaty: “Is this what Sakharov dreamed of?” and the appeal of the Chairman of the State Bank of the USSR V. Gerashchenko to the Federation Council and the Supreme Councils of the Republics “The State Bank warns: the Ruble is in danger.”

And prefacing the text of the Treaty itself, the editors of MN reported:

“The published document is still kept secret.

Nevertheless, it was announced that an initial agreement between the participants in the Novo-Ogarevo negotiations had been reached and in a few days - on August 20 - the first republics would sign it. By publishing the agreement, Moscow News proceeds from the main thing: public discussion of a document that determines the fate of millions of people should begin as early as possible. We offer our readers the Union Treaty agreed on July 23, 1991."

TREATY OF THE UNION OF SOVEREIGN STATES

The states that have signed this Treaty, based on the Declarations of State Sovereignty proclaimed by them and recognizing the right of nations to self-determination; taking into account the similarity of the historical destinies of their peoples and fulfilling their will to preserve and renew the Union, expressed in the referendum of March 17, 1991; striving to live in friendship and harmony, ensuring equal cooperation; Desiring to create conditions for the comprehensive development of each individual and reliable guarantees of his rights and freedoms; caring for the material well-being and spiritual development of peoples, the mutual enrichment of national cultures, and ensuring common security; drawing lessons from the past and taking into account changes in the life of the country and throughout the world, we decided to build our relations in the Union on a new basis and agreed on the following.

I
BASIC PRINCIPLES

First. Each republic - a party to the Treaty - is a sovereign state. The Union of Soviet Sovereign Republics (USSR) is a sovereign federal democratic state formed as a result of the unification of equal republics and exercising state power within the limits of the powers that are voluntarily vested in it by the parties to the Treaty.

Second. The states forming the Union reserve the right to independently resolve all issues of their development, guaranteeing equal political rights and opportunities for socio-economic and cultural development to all peoples living on their territory. The parties to the Treaty will proceed from a combination of universal and national values ​​and will resolutely oppose racism, chauvinism, nationalism, and any attempts to limit the rights of peoples.

Third. The states forming the Union consider the priority of human rights to be the most important principle in accordance with the UN Universal Declaration of Human Rights and other generally recognized norms of international law. All citizens are guaranteed the opportunity to study and use their native language, unhindered access to information, freedom of religion, and other political, socio-economic, personal rights and freedoms.

Fourth. The states forming the Union see the most important condition freedom and welfare of the people and every person in the formation civil society. They will strive to meet the needs of people on the basis of free choice of forms of ownership and management methods, the development of the all-Union market, and the implementation of the principles of social justice and security.

Fifth. The states forming the Union have full political power, independently determine their national-state and administrative-territorial structure, system of authorities and management. They can delegate part of their powers to other states - parties to the Treaty, of which they are members.

The parties to the Treaty recognize as a common fundamental principle democracy, based on popular representation and the direct expression of the will of peoples, and strive to create a rule of law state that would serve as a guarantor against any tendencies towards totalitarianism and arbitrariness.

Sixth. The states forming the Union consider one of the most important tasks to be the preservation and development of national traditions, state support for education, healthcare, science and culture. They will promote intensive exchange and mutual enrichment of humanistic spiritual values ​​and achievements of the peoples of the Union and the whole world.

Seventh. The Union of Soviet Sovereign Republics acts in international relations as a sovereign state, a subject of international law - the successor to the Union of Soviet Socialist Republics. Its main goals in the international arena are lasting peace, disarmament, elimination of nuclear and other weapons of mass destruction, cooperation of states and solidarity of peoples in solving global problems humanity.

The states forming the Union are full members of the international community. They have the right to establish direct diplomatic, consular and trade relations with foreign states, exchange plenipotentiary representations with them, conclude international treaties and participate in activities international organizations, without infringing on the interests of each of the union states and their common interests, without violating the international obligations of the Union.

II
STRUCTURE OF THE UNION

Article 1. Membership in the Union

Membership of states in the Union is voluntary. The states that form the Union are members of it directly or as part of other states. This does not infringe on their rights and does not relieve them of their obligations under the Agreement. They all have equal rights and bear equal responsibilities. Relations between states, one of which is part of the other, are regulated by agreements between them, the Constitution of the state of which it is a part, and the Constitution of the USSR. In the RSFSR - by a federal or other treaty, the Constitution of the USSR. The Union is open to the entry into it of other democratic states that recognize the Treaty. The states forming the Union retain the right to freely withdraw from it in the manner established by the parties to the Treaty and enshrined in the Constitution and laws of the Union.

Article 2. Citizenship of the Union

A citizen of a state that is a member of the Union is at the same time a citizen of the Union. Citizens of the USSR have equal rights, freedoms and obligations enshrined in the Constitution, laws and international treaties of the Union.

Article 3. Territory of the Union The territory of the Union consists of the territory of all the states that form it. The Parties to the Treaty recognize the boundaries existing between them at the time of signing the Treaty. The borders between the states forming the Union can only be changed by agreement between them, which does not violate the interests of other parties to the Treaty.

Article 4. Relations between the states forming the Union

Relations between the states forming the Union are regulated by this Treaty, the Constitution of the USSR, and treaties and agreements that do not contradict them. The parties to the Treaty build their relationships within the Union on the basis of equality, respect for sovereignty, territorial integrity, non-interference in internal affairs, resolution of disputes by peaceful means, cooperation, mutual assistance, conscientious fulfillment obligations under the Union Treaty and inter-republican agreements. The states forming the Union undertake: not to resort to force or the threat of force in relations between themselves; not to encroach on each other’s territorial integrity; not to enter into agreements that contradict the goals of the Union or are directed against the states that form it. The use of troops of the USSR Ministry of Defense within the country is not allowed, except for their participation in solving urgent national economic problems in exceptional cases, in eliminating the consequences natural Disasters and environmental disasters, as well as cases provided for by the legislation on the state of emergency.

Article 5. Scope of jurisdiction of the USSR

The parties to the Treaty vest the USSR with the following powers:

Protection of the sovereignty and territorial integrity of the Union and its subjects; declaration of war and conclusion of peace; ensuring defense and leadership of the Armed Forces, border, special (government communications, engineering and technical and other), internal, railway troops Union; organization of development and production of weapons and military equipment.

Ensuring the state security of the Union; establishing a regime and protecting the state border, economic zone, maritime and air space of the Union; leadership* and coordination of the activities of the security agencies of the republics.

* The proposal of Comrade V. A. Kryuchkov was agreed with the leadership of the republics.

Implementation foreign policy Union and coordination of foreign policy activities of the republics; representation of the Union in relations with foreign states and international organizations; conclusion of international treaties of the Union.

Implementation of foreign economic activities of the Union and coordination of foreign economic activities of the republics; representation of the Union in international economic and financial institutions, conclusion of foreign economic agreements of the Union.

Approval and execution of the Union budget, implementation of money issue; storage of gold reserves, diamond and currency funds of the Union; management of space research; control air traffic, all-Union systems of communication and information, geodesy and cartography, metrology, standardization, meteorology; nuclear energy management.

Adoption of the Constitution of the Union, introduction of amendments and additions to it; adoption of laws within the powers of the Union and establishment of the foundations of legislation on issues agreed upon with the republics; supreme constitutional control.

Management of the activities of federal law enforcement agencies and coordination of the activities of law enforcement agencies of the Union and the republics in the fight against crime.

Article 6. Sphere of joint jurisdiction of the Union and the republics

Organs state power and the administrations of the Union and the republics jointly exercise the following powers:

Protection constitutional order Union based on this Treaty and the Constitution of the USSR; ensuring the rights and freedoms of citizens of the USSR.

Definition military policy Union, implementation of measures to organize and ensure defense; establishment of a uniform procedure for recruitment and passage military service; establishing a border zone regime; resolving issues related to the activities of troops and the deployment of military facilities on the territory of the republics; organization of mobilization training National economy; management of defense industry enterprises.

Determining the state security strategy of the Union and ensuring state security of the republics; change State border Union with the consent of the relevant party to the Agreement; protection of state secrets; determination of the list of strategic resources and products that are not subject to export outside the Union” general principles and standards in the field of environmental safety; establishment of procedures for the receipt, storage and use of fissile and radioactive materials.

Determining the foreign policy course of the USSR and monitoring its implementation; protection of the rights and interests of citizens of the USSR, the rights and interests of the republics in international relations; establishing the fundamentals of foreign economic activity; conclusion of agreements on international loans and loans, regulation of the external public debt of the Union; unified customs business; protection and rational use of the natural resources of the economic zone and continental shelf of the Union.

Determining the strategy for the socio-economic development of the Union and creating conditions for the formation of an all-Union market; carrying out a unified financial, credit, monetary, tax, insurance and pricing policy based on a common currency; creation and use of gold reserves, diamond and currency funds of the Union; development and implementation of all-Union programs; control over the execution of the Union budget and the agreed money issue; creation of all-Union funds for regional development and liquidation of the consequences of natural disasters and catastrophes; creation of strategic reserves; maintaining unified all-Union statistics.

Development of a unified policy and balance in the field of fuel and energy resources, management of the country’s energy system, main gas and oil pipelines, all-Union railway, air and sea transport; establishing the fundamentals of environmental management and protection environment, veterinary medicine, epizootics and plant quarantine; coordination of actions in the field of water management and resources of inter-republican significance.

Determination of the fundamentals of social policy on issues of employment, migration, working conditions, remuneration and protection, social security and insurance, public education, health care, physical culture and sports; establishing the basis for pension provision and maintaining other social guarantees - including when citizens move from one republic to another; establishing a unified procedure for indexing income and a guaranteed subsistence minimum.

Organization of fundamental scientific research and stimulation of scientific and technological progress, establishment of general principles and criteria for the training and certification of scientific and teaching personnel; determination of the general procedure for the use of therapeutic agents and techniques; promoting the development and mutual enrichment of national cultures; preserving the original habitat of small peoples, creating conditions for their economic and cultural development.

Monitoring compliance with the Constitution and laws of the Union, Presidential decrees, decisions made within the Union’s competence; creation of an all-Union forensic accounting and information system; organizing the fight against crimes committed on the territory of several republics; determination of a unified regime for the organization of correctional institutions.

Article 7. The procedure for exercising the powers of state bodies of the Union and joint powers of state bodies of the Union and the republics

Issues within the joint competence are resolved by the authorities and management of the Union and its constituent states through coordination, special agreements, adoption of the fundamental legislation of the Union and the republics and the corresponding republican laws. Issues falling within the competence of the Union bodies are resolved by them directly.

Powers that are not directly referred by Articles 5 and 6 to the exclusive jurisdiction of the bodies of power and administration of the Union or to the sphere of joint competence of the bodies of the Union and the republics remain under the jurisdiction of the republics and are exercised by them independently or on the basis of bilateral and multilateral agreements between them. After signing the Treaty, a corresponding change in the powers of the governing bodies of the Union and the republics is made.

The parties to the Treaty proceed from the fact that as the all-Union market develops, the sphere of direct government controlled economics. The necessary redistribution or change in the scope of powers of governing bodies will be carried out with the consent of the states forming the Union.

Disputes regarding the exercise of powers of Union bodies or the exercise of rights and performance of duties in the field of joint powers of bodies of the Union and the republics are resolved through conciliation procedures. If agreement is not reached, disputes are submitted to the Constitutional Court of the Union.

The states forming the Union participate in the implementation of the powers of the union bodies through the joint formation of the latter, as well as special procedures for the approval of decisions and their implementation,

Each republic may, by concluding an agreement with the Union, additionally delegate to it the exercise of certain of its powers, and the Union, with the consent of all republics, delegate to one or more of them the exercise of certain of its powers on their territory.

Article 8. Property The Union and the states that form it ensure free development, protection of all forms of property and create conditions for the functioning of enterprises and economic organizations within the framework of a single all-Union market. Land, its subsoil, water, other natural resources, plant and animal world are the property of the republics and the inalienable property of their peoples. The procedure for owning, using and disposing of them (ownership rights) is established by the legislation of the republics. Ownership rights to resources located on the territory of several republics are established by the legislation of the Union. The states forming the Union assign to it the objects of state property necessary for the exercise of powers vested in the Union authorities and administration. Property owned by the Union is used in the common interests of its constituent states, including in the interests of accelerated development of lagging regions. The states forming the Union have the right to their share in the gold reserves, diamond and currency funds of the Union available at the time of the conclusion of this Treaty. Their participation in the further accumulation and use of treasures is determined by special agreements.

Article 9. Union taxes and fees

To finance the Union budget expenses related to the implementation of the powers delegated to the Union, unified Union taxes and fees are established at fixed interest rates, determined in agreement with the republics, based on the items of expenditure submitted by the Union. Control over expenditures of the Union budget is carried out by the parties to the Treaty. All-Union programs are financed through shared contributions from the interested republics and the Union budget. The volume and purpose of all-Union programs are regulated by agreements between the Union and the republics, taking into account the indicators of their socio-economic development.

Article 10. Constitution of the Union

The Constitution of the Union is based on this Treaty and must not contradict it.

Article 11. Laws

The laws of the Union, the Constitution and the laws of the states that form it must not contradict the provisions of this Treaty. The laws of the Union on matters of its jurisdiction have supremacy and are binding on the territory of the republics. The laws of the republic have supremacy on its territory in all matters, with the exception of those within the jurisdiction of the Union. The Republic has the right to suspend the operation of a Union law on its territory and protest it if it violates this Treaty, contradicts the Constitution or the laws of the Republic adopted within the limits of its authority. The Union has the right to protest and suspend the operation of the law of the republic if it violates this Treaty, contradicts the Constitution or the laws of the Union adopted within the scope of its powers. Disputes are referred to the Constitutional Court of the Union, which makes a final decision within one month.

III
BODIES OF THE UNION

Article 12. Formation of bodies of the Union

Union bodies of power and administration are formed on the basis of the free expression of the will of the peoples and governments of the states forming the Union. They act in strict accordance with the provisions of this Treaty and the Constitution of the Union.

Article 13. Supreme Council of the USSR

The legislative power of the Union is exercised by the Supreme Council of the USSR, consisting of two chambers: the Council of Republics and the Council of the Union.

The Council of the Republics consists of representatives of the republics, delegated by their highest authorities. The republics and national-territorial entities in the Council of Republics retain no less number of deputy seats than they had in the Council of Nationalities of the Supreme Soviet of the USSR at the time of signing the Treaty.

All deputies of this chamber from the republic directly included in the Union have one common vote when deciding issues. The procedure for electing representatives and their quotas are determined in a special agreement of the republics and the electoral law of the USSR.

The Council of the Union is elected by the population of the entire country in electoral districts with an equal number of voters. At the same time, representation in the Council of the Union of all republics participating in the Treaty is guaranteed.

The Chambers of the Supreme Soviet of the Union jointly introduce changes to the Constitution of the USSR; admit new states to the USSR; determine the foundations of the Union’s domestic and foreign policy; approve the Union budget and the report on its execution; declare war and make peace; approve changes to the boundaries of the Union. ,.

The Council of the Republics adopts laws on the organization and procedure for the activities of union bodies; considers issues of relations between the republics; ratifies international treaties of the USSR; gives consent to the appointment of the Cabinet of Ministers of the USSR.

The Council of the Union considers issues of ensuring the rights and freedoms of citizens of the USSR and adopts laws on all issues except those that fall within the competence of the Council of Republics.

Laws adopted by the Council of the Union come into force after approval by the Council of the Republics.

Article 14. President of the Union of Soviet Sovereign Republics

The President of the Union is the head of the union state, possessing the highest executive and administrative power. The President of the Union acts as a guarantor of compliance with the Union Treaty, the Constitution and the laws of the Union; is the Commander-in-Chief of the Armed Forces of the Union; represents the Union in relations with foreign countries; exercises control over the implementation of the Union’s international obligations. The President is elected by the citizens of the Union on the basis of universal, equal and direct suffrage by secret ballot for a period of 5 years and no more than two consecutive terms. A candidate who receives more than half of the votes cast in the Union as a whole and in the majority of its constituent states is considered elected.

Article 15. Vice-President of the USSR

The Vice-President of the USSR is elected together with the President of the USSR. The Vice-President of the Union performs, under the authority of the President of the Union, his individual functions and replaces the President of the USSR in the event of his absence and impossibility of fulfilling his duties.

Article 16. Cabinet of Ministers of the USSR

The Cabinet of Ministers of the Union is the executive body of the Union, subordinate to the President of the Union and responsible to the Supreme Council. The Cabinet of Ministers is formed by the President of the Union in agreement with the Council of Republics of the Supreme Council of the Union. The heads of government of the republics participate in the work of the Cabinet of Ministers of the Union with the right of a decisive vote.

Article 17. Constitutional Court of the USSR

The Constitutional Court of the USSR is formed on an equal basis by the President of the USSR and each of the chambers of the Supreme Soviet of the USSR. The Constitutional Court of the Union considers issues of compliance of legislative acts of the Union and the republics, decrees of the President of the Union and presidents of the republics, normative acts of the Cabinet of Ministers of the Union with the Union Treaty and the Constitution of the Union, and also resolves disputes between the Union and the republics, between the republics.

Article 18. Standing (federal) courts

Union (federal) courts - the Supreme Court of the Union of Soviet Sovereign Republics, the Supreme Arbitration Court of the Union, courts in the Armed Forces of the Union, the Supreme Court of the Union and the Supreme Arbitration Court of the Union exercise judicial power within the powers of the Union. The chairmen of the highest judicial and arbitration bodies of the republics are ex officio members of the Supreme Court of the Union and the Supreme Arbitration Court of the Union, respectively.

Article 19. Prosecutor's Office of the USSR

Supervision over the implementation of legislative acts of the Union is carried out by the Prosecutor General of the Union, the Prosecutors General (Prosecutors) of the republics and the prosecutors subordinate to them. The Prosecutor General of the Union is appointed by the Supreme Council of the Union and is accountable to it. Prosecutors general (prosecutors) of the republics are appointed by their highest legislative bodies and are ex-officio members of the board of the Union Prosecutor's Office. In their activities to supervise the implementation of Union laws, they are accountable both to the highest legislative bodies of their states and to the Attorney General of the Union.

IV
FINAL PROVISIONS

Article 20. Language of interethnic communication in the USSR

Republics independently determine their state language(s). The parties to the Treaty recognize the Russian language as the language of interethnic communication in the USSR.

Article 21. Capital of the Union

The capital of the USSR is the city of Moscow.

Article 22. State symbols of the Union

The USSR has a state coat of arms, flag and anthem.

Article 23. Entry into force of the Treaty

This Agreement is approved by the highest bodies of state power of the states forming the Union, and comes into force from the moment of signing by their authorized delegations. For the states that signed it, from the same date the Treaty on the Formation of the USSR of 1922 is considered to have lost force. With the entry into force of the Treaty, most favored nation treatment applies to the states that have signed it. Relations between the Union of Soviet Sovereign Republics and the republics that are part of the Union of Soviet Socialist Republics, but have not signed this Treaty, are subject to regulation on the basis of the legislation of the USSR, mutual obligations and agreements.

Article 24. Liability under the Agreement

The Union and the states that form it are mutually responsible for the fulfillment of their obligations and compensate for damage caused by violations of this Treaty.

Article 25. Procedure for amending and supplementing the Agreement

This Treaty or its individual provisions may be cancelled, amended or supplemented only with the consent of all states forming the Union. If necessary, by agreement between the states that have signed the Treaty, annexes to it may be adopted.

Article 26. Continuity of the highest bodies of the Union

In order to ensure the continuity of the exercise of state power and administration, the highest legislative, executive and judicial bodies of the Union of Soviet Socialist Republics retain their powers until the formation of the highest state bodies of the Union of Soviet Sovereign Republics in accordance with this Treaty and the new Constitution of the USSR.

The states that have signed this treaty, based on the proclaimed

their declarations of sovereignty and recognizing the right of nations to self-determination;

taking into account the proximity of the historical destinies of their peoples and expressing their will

live in friendship and harmony, developing equal mutually beneficial

cooperation;

taking care of their material well-being and spiritual development,

mutual enrichment of national cultures, ensuring common security;

wishing to create reliable guarantees of the rights and freedoms of citizens,

decided on a new basis to create a Union of Sovereign States and

have agreed on the following.

I. BASIC PRINCIPLES

First. Each republic party to the treaty is sovereign

by the state. Union of Sovereign States (USS) - confederal

a democratic state exercising power within the limits of its powers,

with which the parties to the agreement voluntarily endow it.

Second. The states forming the Union reserve the right to

independently resolve all issues of their development, guaranteeing equal

political rights and opportunities for socio-economic and cultural

progress to all peoples living on their territory. Parties to the agreement

will proceed from a combination of universal and national values,

resolutely oppose racism, chauvinism, nationalism, any attempts

restrictions on the rights of peoples.

Third. The states forming the Union consider the most important principle

priority of human rights in accordance with the Universal Declaration of Rights

human rights, and other generally recognized norms of international law. Everyone

citizens are guaranteed the opportunity to study and use their native language,

unhindered access to information, freedom of religion, others

political, socio-economic, personal rights and freedoms.

Fourth. The states forming the Union see the most important condition

freedom and well-being of their peoples and every person in the formation

civil society. They will strive to satisfy needs

people based on free

choice of forms of ownership and methods of management, development

all-Union market, implementation of the principles of social justice and

security.

Fifth. The states forming the Union independently determine their

national-state and administrative-territorial structure,

system of authorities and management. They recognize the common fundamental

principle of democracy based on popular representation and direct

the will of the peoples, strive to create a rule of law state, which

would serve as a guarantor against any tendencies towards totalitarianism and arbitrariness.

Sixth. The states forming the Union consider one of the most important tasks

preservation and development of national traditions, state support

education, healthcare, science and culture. They will assist

intensive exchange and mutual enrichment of humanistic spiritual values

and the achievements of the peoples of the Union and the whole world.

Seventh. The Union of Sovereign States acts in international

relations as a sovereign state, a subject of international law

Successor to the Union of Soviet Socialist Republics. His main goals

in the international arena are lasting peace, disarmament, liquidation

nuclear and other weapons of mass destruction, cooperation between states and

solidarity of peoples in solving global problems of humanity.

The states forming the Union are subjects of international law.

They have the right to establish direct diplomatic, consular

communications, trade and other relations with foreign countries, exchange

with them by authorized representations, conclude international agreements and

participate in the activities of international organizations without infringing on the interests of

each of the states forming the Union and their common interests, without violating

international obligations of the Union.

II. STRUCTURE OF THE UNION

Article 1. Membership in the Union

Membership of states in the Union is voluntary.

The parties to this Treaty are the states directly

forming the Union.

The Union is open to the entry of other democratic states into it,

recognizing the Treaty. The admission of new states to the Union is carried out with

consent of all parties to this agreement.

The states forming the Union retain the right to freely withdraw from it

in the manner established by the parties to the agreement.

Article 2. Citizenship of the Union

A citizen of a state that is a member of the Union is at the same time

citizen of the Union of Sovereign States.

Citizens of the Union have equal rights, freedoms and responsibilities enshrined in

laws and international treaties of the Union.

Article 3. Territory of the Union

The territory of the Union consists of the territories of all member states

agreement.

The Union guarantees inviolability state borders that are included in it.

Article 4. Relations between the states forming the Union

Relations between the states forming the Union are regulated by this

agreement, as well as other agreements that do not contradict it and

agreements.

The states parties to the treaty build their relationships as part of

Union based on equality, respect for sovereignty, -: non-interference in

internal affairs, resolution of disputes by peaceful means, cooperation,

mutual assistance, conscientious fulfillment of obligations under this agreement

and inter-republican agreements.

The states forming the Union undertake: not to resort to

among themselves to force and the threat of force; do not encroach on territorial

each other's integrity; not to enter into agreements that contradict the goals of the Union

or directed against other states - parties to the treaty.

Article 5. Armed Forces of the Union

The Union of Sovereign States has unified Armed Forces" with

centralized control.

The goals, purpose and procedure for using the unified Armed Forces, and

also the competence of the states parties to the treaty in the field of defense

governed by the agreement provided for in this agreement.

States parties to the treaty have the right to create republican

armed formations, the functions and numbers of which are determined

the specified agreement.

The use of the Armed Forces of the Union within the country is not allowed, for

with the exception of their participation in the liquidation of natural disasters,

environmental disasters, as well as cases provided for by law

about a state of emergency.

Article 6. Areas of joint jurisdiction of the states parties to the treaty and

multilateral agreements

The states party to the treaty form a single political and

economic space and base their relations on those established in

this agreement principles and the benefits provided by it. Relationship with

states not members of the Union of Sovereign States are based on

generally accepted norms of international law.

In order to ensure the common interests of the states parties to the treaty

areas of joint jurisdiction are established and relevant agreements are concluded

multilateral treaties and agreements:

About economic community;

On joint defense and collective security;

On the coordination of foreign policy;

On the coordination of general scientific and technical programs;

On the protection of human rights and national minorities;

On the coordination of general environmental programs;

In the field of energy, transport, communications and space;

On cooperation in the field of education and culture;

About the fight against crime.

Article 7. Powers of union (interstate) bodies

To implement common objectives arising from the treaty and multilateral

agreements, the states forming the Union delegate to the union bodies

necessary powers.

The states forming the Union participate in the implementation of the powers of the union

bodies through their joint formation, as well as special

procedures for approval of decisions and their implementation.

Each party to the treaty may, by concluding an agreement with the Union

additionally delegate to him the exercise of certain of his powers, and

Union, with the consent of all participants, transfer to one or more of them

exercise of certain powers on their territory.

Article 8. Property

States parties to the treaty shall ensure free development and

protection of all forms of property.

The states party to the treaty shall place at the disposal of the bodies of the Union

property necessary for the exercise of the powers assigned to them. This

the property is the joint property of the states forming the Union, and

used exclusively in their common interests, including accelerated development

lagging regions.

Use of land, its subsoil and other natural resources of states --

parties to the treaty to implement the powers of the union bodies is carried out

in accordance with the laws of these states.

Article 9. Budget of the Union

The procedure for financing the Union budget and control over its expenditure

partly established by a special agreement.

Article 10. Laws of the Union

The constitutional basis of the Union of Sovereign States is this

Treaty and Declaration of Human Rights and Freedoms.

The laws of the Union are adopted on issues within the jurisdiction of the Union, and in

within the limits of powers delegated to him by this Agreement. They are required for

execution on the territory of all states party to the treaty.

The state party to the treaty has the right to protest and suspend

application in its territory of the law of the Union if it violates this

The Union, represented by its highest authorities, has the right to protest and

suspend the law of the state party to the treaty if it

violates this agreement.

Disputes are resolved through conciliation procedures or referred to

The Supreme Court of the Union, which makes the final decision within

one month.

III. BODIES OF THE UNION

Article 11. Formation of bodies of the Union

Bodies of the Union of Sovereign States provided for by this

agreement, are formed on the basis of the free will of peoples and

full representation of the states forming the Union.

Organization, powers and order of activity of government bodies,

administration and justice are established by relevant laws, not

contrary to this agreement.

Article 12. Supreme Council of the Union

The legislative power of the Union is exercised by the Supreme Council of the Union,

consisting of two chambers: the Council of Republics and the Council of the Union.

The Council of Republics includes 20 deputies from each state,

forming the Union, delegated by its highest authority.

The RSFSR has 52 deputies in the Council of Republics. Other states --

parties to the treaty, which include republics and autonomous

education, additionally delegate one deputy to the Council of Republics

from each republic and autonomous entity. In order to ensure

sovereignty of states - parties to the treaty and their equality - with

The Council of the Union is elected by the population of the Union in electoral districts with

equal number of voters. At the same time, representation in

Council of the Union of all states party to the treaty.

The Chambers of the Supreme Council of the Union jointly accept new members into the Union

states, hear the President of the Union on the most important issues

internal and foreign policy of the Union, approve the Union budget and report on it

execution, declare war and make peace.

The Council of the Republics makes decisions on the organization and procedure of activities

bodies of the Union of Sovereign States, considers issues of relations between

republics, ratifies and denounces international treaties of the Union, gives

consent to the appointment of the Union government.

The Council of the Union considers issues of ensuring the rights and freedoms of citizens and

makes decisions on all issues within the competence of the Supreme Council for

with the exception of those that fall within the competence of the Council of Republics.

Laws adopted by the Council of the Union come into force after their approval

Council of Republics

Article 13. President of the Union

The President of the Union is the head of the confederal state.

The President of the Union acts as a guarantor of compliance with the Treaty on the Union

of the Sovereign States and laws of the Union, is the Commander-in-Chief

Armed Forces of the Union, represents the Union in relations with foreign countries

states, exercises control over the implementation of international

obligations of the Union.

The President of the Union is elected by the citizens of the Union in the manner established

By law, for a period of five years and no more than two consecutive terms.

Article 14. Vice-President of the Union

The Vice-President of the Union is elected together with the President of the Union.

The Vice-President of the Union carries out, under the authority of the President of the Union, its individual

Article 15. State Council of the Union

The State Council of the Union is created to coordinate the most important

issues of domestic and foreign policy affecting common interests

states - parties to the treaty.

The State Council consists of the President of the Union and senior officials

persons of the states party to the treaty. Work of the State Council

is headed by the President of the Union.

Decisions of the State Council are binding on everyone

executive authorities.

Article 16. Government of the Union

The Government of the Union is the executive body of the Union,

reports to the President of the Union, is responsible to the Supreme Council

The Union Government is headed by the Prime Minister. Part

government includes the heads of government of the states party to the treaty,

Chairman of the Interstate Economic Committee (first deputy

Prime Minister), Deputy Prime Ministers and heads of departments,

provided for by agreements between the states parties to the treaty.

The Government of the Union is formed by the President of the Union in agreement with

Council of Republics of the Supreme Council of the Union.

Article 17. Supreme Court of the Union

The Supreme Court of the Union makes decisions on issues of compliance of laws

Union and laws of the states - parties to the treaty - this treaty and

Declaration of Human Rights and Freedoms;

considers civil and criminal cases interstate

character, including cases to protect the rights and freedoms of citizens; is the highest

judicial authority in relation to military courts. At the Supreme Court of the Union

a prosecutor's office is created to oversee the implementation of legislative

acts of the Union.

Formation order Supreme Court Union is determined by law.

Article 18. Supreme Arbitration Court of the Union

The Supreme Arbitration Court of the Union resolves economic disputes between

states party to the treaty, as well as disputes between enterprises,

under the jurisdiction of various states party to the treaty.

IV. FINAL PROVISIONS

Article 19. Language of interethnic communication in the Union

The parties to the agreement independently determine their state language

(languages). The language of interethnic communication in the Union of States - participants

agreements are recognized in the Russian language.

Article 20. Capital of the Union

The capital is the city of Moscow.

Article 21. State symbols of the Union

The Union has a state emblem, flag and anthem.

Article 22. Procedure for amending and supplementing the agreement

This agreement or certain provisions thereof may be revoked if

amended or supplemented only with the consent of all states forming the Union.

Article 23. Entry into force of the treaty

This agreement is approved by the highest government authorities

states forming the Union, and comes into force after its signature

authorized delegations.

For the states that signed it, from the same date it is considered lost

The Treaty on the Formation of the USSR of 1922 came into force.

Article 24. Liability under the Agreement

The Union and the states that form it bear mutual responsibility for

fulfillment of accepted obligations and compensation for damage caused by violations

actual agreement.

Article 25. Legal succession of the Union

The Union of Sovereign States is the legal successor to the Union of Soviet

Socialist Republics. Succession is carried out taking into account the provisions

Articles 6 and 23 of this agreement.