Draft treaty on a union of sovereign states. Confederation - a union of sovereign states Union of sovereign states
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 to create a Union on a new basis 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 the decision global problems 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 representatives, enter into international treaties 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
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 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;
About coordination 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
For implementation common tasks 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
Constitutional basis Union of Sovereign States are the present
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
organs executive power.
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 interethnic communication in the Union
The parties to the agreement independently determine their official 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 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.
Soviet Union / USSR / Union of SSR Union State ← ... Wikipedia
- (USSR, Union of SSR, Soviet Union) the first socialist in history. state It occupies almost a sixth of the inhabited landmass of the globe, 22 million 402.2 thousand km2. Population: 243.9 million people. (as of January 1, 1971) Sov. The Union holds 3rd place in... ... Soviet historical encyclopedia
UNION OF SOVIET SOCIALIST REPUBLICS (USSR)- - Union Soviet Socialist State (see) of workers and peasants, formed on the basis of the voluntary association of equal Union Soviet Socialist Republics. The USSR was created on December 30, 1922. It brought to life... ... Soviet legal dictionary
- (USSR, Soviet Union), a state that existed in 1922 91 in most of the territory of the former Russian Empire. According to the Treaty on the Formation of the USSR (December 30, 1922), it included the Byelorussian SSR (BSSR), the Russian Soviet Federative ... ... encyclopedic Dictionary
This term has other meanings, see Customs Union. EurAsEC Customs Union ... Wikipedia
Integration in Eurasia ... Wikipedia
This article or part of an article contains information about expected events. Events that have not yet occurred are described here... Wikipedia
The "CIS" request is redirected here; see also other meanings. Commonwealth of Independent States Flag of the CIS ... Wikipedia
Territory of German customs union. Blue is the territory of Prussia, gray regions that joined the Union before 1866, yellow regions that joined the Union after 1866, red ... Wikipedia
Books
- History through the eyes of the Crocodile. XX century. Issue 4. People. Events. Words. 1980-1992 (set of 3 books in a case), . History through the eyes of the Crocodile. XX century" - these are 12 volumes in which the conversation about the past century is conducted with the help of cartoons and feuilletons of the main Soviet satirical magazine "Crocodile".…
Union of Sovereign States, SSG- failed union of states from territories and republics former USSR.
Background
In December 1990, the issue of reorganizing the USSR was raised.
On December 3, the Supreme Soviet of the USSR supported the concept of the draft Union Treaty proposed by USSR President M. S. Gorbachev and submitted it for discussion at the IV Congress of People's Deputies of the USSR.
On December 24, 1990, deputies of the IV Congress of People's Deputies of the USSR, having held a roll-call vote, decided to consider it necessary to preserve the USSR as a renewed federation of equal sovereign republics, in which the rights and freedoms of people of any nationality will be fully ensured.
On the same day, on the initiative and insistent demand of the President of the USSR M.S. Gorbachev, the Congress adopted a resolution on the issue of holding All-Union referendum on the preservation of the renewed Union as a federation of equal sovereign Soviet Socialist Republics. 1,677 deputies voted for the adoption of the resolution, 32 were against, and 66 abstained.
All-Union referendum on the preservation of the USSR
On March 17, 1991, a referendum was held in which the majority of citizens voted for the preservation and renewal of the USSR, excluding the population of six republics (Lithuania, Estonia, Latvia, Georgia, Moldova, Armenia), in which the highest authorities refused to hold a referendum, since they had previously announced independence or the transition to independence according to the results of previously held referendums on independence.
Based on the concept of a referendum authorized by the central and republican authorities working group within the framework of the so-called The Novo-Ogarevo process in the spring-summer of 1991 developed a project to conclude a new union - the Union of Soviet Sovereign Republics (USSR, Union of SSR, Union of Sovereign States) as a soft, decentralized federation.
The draft agreement on the creation of the Union was initialed (preliminarily signed) twice - on April 23 and June 17, 1991. Final edition "Treaty on the Union of Sovereign States" was published in the Pravda newspaper on August 15. On August 3, 1991, the same newspaper published a speech by USSR President Gorbachev on television, which noted that “the union treaty has been open for signing” since August 20, 1991. The new Treaty stated: “The states forming the Union have full political power, independently determine their national-state structure, system of government and administration, they can delegate part of their powers to other states party to the Treaty...”. Moreover, Section 2 of Article 23 of the new Treaty stated: “This Treaty... comes into force from the moment it is signed... by 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.”
Nine of the fifteen union republics of the former USSR were to become members of the new union: as M. S. Gorbachev stated in a television address on August 3, 1991, August 20 new union The new agreement was to be signed by Belarus, Kazakhstan, the RSFSR, Tajikistan and Uzbekistan, and in the fall Armenia, Kyrgyzstan, Ukraine and Turkmenistan could join them.
But the State Committee for the State of Emergency, on August 18-21, carried out an unsuccessful attempt to forcibly remove M. S. Gorbachev from the post of President of the USSR, disrupting the signing of the Union Treaty:
The contradictions between the central and republican authorities and national elites deepened, and all the union republics, one after another, declared independence.
SSG-confederation
On September 5, 1991, the V Congress of People's Deputies of the USSR, having adopted the “Declaration of Human Rights and Freedoms”, declared a transition period for the formation new system state relations, preparation and signing of the Treaty on the Union of Sovereign States.
On September 6, the USSR recognized the withdrawal of the three Baltic republics (Latvia, Lithuania and Estonia) from the USSR.
In the fall of 1991, with the sanction of the central and republican authorities, the working group of the Novo-Ogaryovo process developed a new draft Treaty - on the creation of the Union of Sovereign States (USS) as a confederation independent states(“confederal state”).
Preliminary consent to conclude an agreement on December 9, 1991 on the creation of the GCC with its capital in Minsk was given on November 14, 1991 by only seven republics (Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, Uzbekistan). Two republics in which referendums on independence were held the day before (Armenia and Ukraine) refused to join the confederal union.
However, on December 8, 1991, chapters three states(Republics of Belarus, Russia and Ukraine) at a meeting in Belovezhskaya Pushcha, “noting that negotiations on the preparation of a new Union Treaty have reached a dead end, the objective process of the republics leaving the USSR and the formation of independent states has become a real fact,” they concluded the Belovezhskaya Agreement on the creation The Commonwealth of Independent States is an intergovernmental and interparliamentary organization that does not have the status of a state. Other union republics later joined the CIS.
In December 1992, the Congress of People's Deputies Russian Federation addressed the parliaments of the states - former republics of the USSR, and the Interparliamentary Assembly of the states - participants of the Commonwealth of Independent States, with a proposal to consider the issue of “creating a confederation or other form of rapprochement of the independent states of Europe and Asia - former republics of the USSR, whose peoples express a desire for unity ", but this proposal did not find support.
Multilateral agreement on the later proposed (in March 1994) project for the creation of a similar confederal union ( Eurasian Union) was also not achieved. Two states joined the Union of Russia and Belarus.
The draft treaty on the USSR, prepared for signing on August 20, 1991, was supposed to determine the basic parameters of the structure of the renewed union state. Having significantly strengthened the independence of the republics compared to the previous period, the draft treaty preserved the USSR as a single state with a union center that had important powers. The failure to sign the treaty as a result of the creation and collapse of the State Emergency Committee was an important step towards the collapse of the USSR.
The socio-economic crisis and the unsuccessful progress of Gorbachev's reforms contributed to the growth of centrifugal tendencies in the USSR. The center was perceived in the republics of the USSR as a source of socio-economic disasters, and getting rid of it was seen as getting rid of difficulties.
Since 1988, massive national movements have developed in the Baltic states and the Caucasus, advocating greater independence for the republics. The leaders of national movements in the Baltic states put forward the idea of “sovereignty,” which was interpreted as the priority of republican laws over union laws. But in another sense of the word, sovereignty can also mean independence.
Regional groupings of the party nomenklatura, trying to use the situation to establish more complete control over state property, also opposed themselves to the union center.
The response to the offensive of the “democrats” was the transition of part of the bureaucracy to the side of the “democrats” and national movements. In fact, this transition led to the fact that the “democratic movement” itself came under the control of bureaucratic elites. The main motive of regional groupings was not democratic and national values, but the redistribution of power and property in their favor.
Regional groupings of the nomenklatura accepted the slogan of “sovereignty” developed by national movements as a political weapon in the struggle for autonomy against the center, and thereby significantly strengthened the national separatist movements and weakened resistance to them from the center. It became obvious that the stake of the confrontation was property, which was the basis of the alliance of nationalists and “democrats” in their struggle with the center. The problem was who and under what conditions would receive the right to divide the “public” property. The struggle for power as a position that determines the results of the division of property became the basis of the alliance of national elites and leaders of mass “democratic” and national movements.
After Russia declared “sovereignty” on June 12, 1990, the remaining republican elites preferred to achieve the same level of autonomy from the center.
Even where national movements did not have the support of the majority of the population (as in Ukraine and Belarus), the republics began to pursue a policy of “sovereignty”, establishing regional control over the economy and resources. This led to the fact that economic ties in the USSR began to disintegrate. Since the fall of 1990, the republics began to limit transfers to the union budget, which, in fact, led to the bankruptcy of the USSR - a result that the United States tried in vain to achieve in 1981-1986. Even the fall in oil prices did not have such a crushing significance as the independence of regional bureaucratic clans and the “primitive accumulation” of private capital at the expense of state enterprises. This, in turn, strengthened centrifugal tendencies.
If regionalization and the struggle for property were the social “basis” of the process of the collapse of the USSR, then the actions Russian leadership steel him driving force, the significance of which exceeded the actions of regional separatists, since the blow was delivered to the very center government structure THE USSR.
The “Democratic Movement,” whose main leader since 1990 has been Boris Yeltsin, managed to lead and lead a significant and large part of civil society. The unifying idea of this socio-political force (in contrast to the civil movement of 1988-1989) was Westernization. The wide dissemination of ideas of Westernization was the result of a number of circumstances: the failure of reforms in the spirit of democratic socialism (as implemented by Gorbachev), the desire of the most dynamic part of the communist elite to seize property during privatization, the prosperous situation of Western countries, which contrasted with the crisis that befell the USSR. Under these conditions, the leading politicians in the “democratic movement” and information structures began to advocate a transition to social forms Western societies, which, it seemed, would give in Russia the same fruits enjoyed by residents of the United States and Western Europe. The Russian leadership countered the unsuccessful policy of the union center with its readiness to carry out radical liberal reforms in the RSFSR, which threatened to destroy the single economic space.
However, this does not mean that Yeltsin’s victory in any case meant the collapse of the Union. Back in March 1991, Yeltsin asserted: “The Union will not fall apart. No need to scare people! There is no need to cause panic in this regard!” Even if these words were disingenuous, they were addressed to the Russian leader's mass base. The Democrats did not seek to break up the Union.
Despite the noticeable erosion of the political center, it still retained a significant electoral base. On March 17, 1991, the majority of the country’s residents voted in favor of preserving the “renewed Union” in a referendum. But this potential Soviet people"did not have a political core. The inability of Gorbachev's team to create a democratic coalition in defense of renewed socialism and the Union, coupled with the failure of reforms, soon led the leader of the USSR to complete isolation in society.
The centrifugal tendencies in the USSR, conditioned by objective factors, were aggravated not only by the actions of national movements and the Russian leadership that entered into an alliance with them, but also by unsuccessful political decisions Gorbachev and his team. Back in March 1990, in connection with the declaration of independence of Lithuania, Gorbachev relied on the renegotiation of the Union Treaty, thus calling into question the act of 1922. This solution, proposed back in 1988 by the Estonian leadership, has now been extended from the Baltic states to the entire USSR, “crossed out” all constitutional and international legal acts adopted since the formation of the USSR. It fundamentally expanded the possibilities of international intervention in the affairs of the USSR, since the republics acquired the features of subjects of international law. If before this it was a question of developing decisions that would specify (and thereby complicate) the republic’s right to secede from the USSR, now, at least theoretically, a decision could be made that would abolish the Union itself. Gorbachev's initiative to renegotiate the treaty was not inevitable. There were no legal grounds for revising the 1922 treaty, since it was absorbed into the Soviet constitutions. The struggle to preserve the Baltic states by renegotiating the 1940 agreements, which had dubious legitimacy, made it possible to grant the Baltic republics a special status. Instead, Gorbachev chose to synchronize the crises in relations between the center and different republics, bringing them into a single process of negotiations in which the most radical opponents of the center sought maximum rights for all republics, even those quite loyal to the center. Gorbachev was losing room for maneuver, as the republican elites now presented a united front.
In February 1991, relations between supporters of Yeltsin and Gorbachev deteriorated to the limit. A campaign of civil disobedience to the allied authorities unfolded in the country. The decrees of the President of the USSR were not actually implemented, there were strikes by miners and demonstrations of democratic organizations. Only on April 29, 1991, Gorbachev and Yeltsin managed to agree on a compromise.
On March 17, in the spring of 1991, a referendum was held on the issue of preserving the renewed USSR. 80% of USSR voters took part in it. 76.4% of those voting were in favor of preserving the renewed USSR.
In May-July 1991, Novo-Ogarevo, Gorbachev held a meeting with the leaders of 9 union republics. As a result of the hard work of scientists and politicians, representatives of the center and the republics, the text of the Treaty on the Union of Soviet Sovereign Republics was agreed upon at the presidential residence in Novo-Ogarevo near Moscow (the word “socialist” was removed from the name as too ideological).
If the very initiative to conclude a union treaty created a mortal danger for the Union, then the project developed in 1990-1991. was a kind of constitutional reform that preserved a single state with broad independence of its constituent republics.
For Gorbachev at this stage it was important to force all republican elites to recognize the very fact of the existence of the framework single state as a subject of international law. This deprived the “international community” of the opportunity to guarantee sovereignty Soviet elites and the transformation of domestic problems and borders of the USSR into international ones. This task forced Gorbachev to make the most serious concessions, to agree to a confederal state structure, as long as the existence of one state in the space of the USSR was recognized.
The preservation of a single state opened up the possibility for further settlement of intrastate problems as intrastate ones. The contradictions of the treaty could be removed during further struggle during the development of the Constitution of the Union - and not only in favor of the republics.
The most likely to suffer during the reorganization of the Soviet Union were the union departments and the CPSU, which could almost completely lose power. Gorbachev was also not happy with the results of the negotiations, since the new union could essentially become a confederal entity rather than a federal state. The powers of the President of the USSR became insignificant. At this stage, this result suited the Republican leaders better. However, even this did not mean the irreversible collapse of the USSR, but only a regrouping of power within the Union. The preservation of the state opened up opportunities for new regroupings in the future (including in favor of the center).
The signing of the Union Treaty was scheduled for August 20, but was disrupted by a coup attempt known as the State Emergency Committee.
Treaty on the Union of Soviet Sovereign Republics
project
The states that have signed this treaty
Based on their declarations of state sovereignty and recognizing the right of nations to self-determination;
Considering the closeness of the historical destinies of their peoples and fulfilling their will to preserve and renew the Union, expressed in the referendum on 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;
Learning from the past and taking into account changes in the life of the country and around 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 for the freedom and well-being of the people and every person in the formation of a 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 and 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, the elimination of nuclear and other weapons of mass destruction, cooperation between states and the solidarity of peoples in solving global problems of mankind.
The states forming the Union are full members of the international community. They have the right to establish direct diplomatic, consular relations and trade relations with foreign states, exchange plenipotentiary representations with them, conclude international treaties and participate in the activities of 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 contract. They all have equal rights and bear equal responsibilities.
Relations between states. One of which is part of the other is 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 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 responsibilities 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 territories of all the states that form it.
Parties to treaties recognize the boundaries that exist between them at the time of signing the treaty.
The borders between the states forming the Union can be changed only by agreement between them, which does not violate the interests of other parties to the agreement.
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 of 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 are contrary to the goals of the Union or 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 of natural 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, sea and air space of the Union; management and coordination of the activities of security agencies of the republics.
– Implementation of the Union’s foreign policy and coordination of the 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 organizations, 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 all-Union space communication and information systems, geodesy and cartography, metrology, standardization, meteorology; control nuclear energy.
– 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 basis 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 republics in the fight against crime.
Article 6. Sphere of joint jurisdiction of the Union and the republics.
The bodies of state power and administration of the Union and the republics jointly exercise the following powers:
– Protection of the constitutional system of the Union, based on this treaty and the Constitution of the USSR; ensuring the rights and freedoms of citizens of the USSR.
– Determining the military policy of the Union, implementing 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 preparation of the national economy; management of defense industry enterprises.
– Determining the state security strategy of the Union and ensuring state security of the republics; changing the State Border of the Union with the consent of the relevant party to the agreement; protection of state secrets; determining the list of strategic resources and products that are not subject to export outside the Union, establishing 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 of the Union's gold reserves, diamond and currency funds; development and implementation of all-Union programs; control over the execution of the Union budget and agreed monetary issues; 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.
– Defining the basics social policy on issues of employment, migration, working conditions, remuneration and protection, social security and insurance, public education, health care, physical education 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 taken 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 Fundamentals of 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 attributed by Articles 5 and 6 to the exclusive jurisdiction of the authorities and management of the Union or to the sphere of joint competence of the bodies of the Union and the republics remain within 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 agreement, a corresponding change in the powers of the governing bodies of the Union and the republics is made.
The parties to the agreement 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 no agreement is 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 agreeing on 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.
The earth, its subsoil, waters, 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 agreement. 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 agreement.
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 constitutions and 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 powers.
The Union has the right to protest and suspend the operation of a 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 peoples and representation 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 agreement.
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 that are parties to 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 alliance in relations with foreign countries; monitors the implementation international obligations Union.
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, regulations 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 republics.
Article 18. Union (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 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, prosecutors general (prosecutors) of the republics and 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 Emblem, 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 Union of 1922 is considered invalid.
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 Union, mutual obligations and agreements.
Article 24. Liability under the contract.
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 agreement and new Constitution THE USSR.
Gorbachev – Yeltsin: 1500 days political confrontation. M., 1992.
Gorbachev M.S. Life and reforms. M., 1996.
Yeltsin B.N. Notes from the President. M., 199
Failed anniversary. Why didn't the USSR celebrate its 70th anniversary? M., 1992.
Pihoya R.G. Soviet Union: history of power. 1945-1991. M., 1998.
Collapse of the USSR. Documentation. M., 2006.
What factors contributed to the beginning of the process of collapse of the USSR? Which ones were objective and which ones were subjective, depending on the actions of individuals?
Could Gorbachev not make concessions to Yeltsin and other republican leaders in Novo-Ogarevo? If he could, what should he have done for this?
What were legal consequences preparing a draft of a new union treaty?
What areas were included in the draft agreement within the competence of the Union and the joint competence of the Union and the republics?
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 acts in international relations as a sovereign state, a subject of international law - the successor to 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 UnionThe 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 of the Union, and 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 of interethnic communication in the Union Parties to the agreement independently determine their state 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 of the Union The Union has a state emblem, flag and anthem.
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