LAW OF
THE UNION OF THE SOVIET SOCIALIST REPUBLICS on the issues relating to the secession of the Union Republic from
the USSR
Article 1. This Law
sets out the procedures on secession of the union republic from the USSR pursuant to Article 72 of the Constitution of the
USSR.
Article 2. The decision on seceding from the USSR the Union Republic exercises based on the free will of the peoples
of the union republic through the referendum.
The decision on holding the referendum shall be taken by the Supreme
Council of the union republic upon its own initiative or based on the appeal signed
by the one tenth of the population of the USSR, permanent residents of the republic and
authorized to vote under the legislation of the USSR.
(…)
Article 3. In the Union Republics, having autonomous republics, autonomous oblasts
and autonomous districts, the referendum shall be held separately for each
autonomous entity. The peoples of the
autonomous republics and autonomous entities reserve the right on having
independent decision to remain within the USSR or within the seceding republic, also to raise
the issue on legal status of the entity.
Voting results in the Union Republics with the territories of compact settlement of
ethnic groups, which represent the majority of the population in that territory shall be considered separately.
Article 4. For the
purpose to arrange the referendum for seceding from the USSR, to fix the date of referendum and sum up the
results, the Supreme Council of the union republic shall set up the commission
with participation of all concerned sides, including those mentioned in the
first and second sections of Article 3 of this law.
Article 6. The
decision on seceding from the USSR through the referendum shall be adopted if
not less than two thirds of the citizens of the USSR, permanent residents of
the republic and authorized to vote under the legislation of the USSR will vote
in favour.
The Supreme Council of the union republic shall
consider the results of the referendum.
In the Union Republics, having autonomous republics,
autonomous oblasts and autonomous okrugs or the territories of compact
settlement of ethnic groups, mentioned in the second section of Article 3 of
this law, the results shall be considered by the Supreme Council of the union
republic together with the Supreme Council of the Autonomous Republic and
relevant Council of the People’s Deputies of the autonomous entity.
Article 7. Supreme
Council of the Union Republic shall submit the results of the referendum to the
Supreme Council of the USSR. Union Republics, having autonomous republics,
autonomous oblasts and autonomous districts or the territories of compact
settlement of ethnic groups, mentioned in the second section of Article 3 of
this law, shall submit the results of the referendum for each autonomous entity
and compact settlements separately with the conclusions and proposals to the
relevant state authorities.
If the Supreme Council of the USSR finds the referendum lawful, it shall raise the
issue before the Congress of the People’s Deputies of the USSR to be discussed.
In case of breach of law when holding the
referendum, the Supreme Council of the USSR shall set repeated referendum in
three-month term in the republic or in its part, either in the autonomous
entity or in the territory of compact settlement of the ethnic groups mentioned
in the second section of Article 3 of this law.
Article 9. The results of the referendum on seceding from
the USSR of the union republic, as well as conclusion of the
supreme state authorities of the union republic, autonomous republics,
autonomous oblasts and districts on the issue shall be considered by the
Congress of the People’s Deputies of the USSR. The Congress of the People’s Deputies of the
USSR, upon the submission of the Supreme Council of the USSR, prior coordinated
with the Supreme Council of the seceding republic shall determine the
transitional period that should not exceed five-year and the issues, related to
the secession of the union republic shall be settled within this term.
Article 10. If, in
accordance of the referendum results, the final decision on secession of the
union republic is not reached, a new referendum on the issue can be arranged
not earlier than 10 years from the day of previous referendum.
(…)
Article 14. …The following issues shall be solved within
transitional period in relation of the seceding republic and the USSR, as well as other union republics, autonomous
republics, autonomous entities and ethnic groups:
7) the issue regarding
the territories that didn’t belong to the seceding republic at the moment of
its joining to the USSR shall be negotiated;
8) the status of the
territories with compact ethnic settlements, mentioned in the second section of
Article 3 of this law shall be negotiated pursuant to the referendum;
(…)
Article 15. The
citizens of the USSR, residing on the territory of the seceding
republic, have the right to make their own chose on citizenship, place of
residence and work. Seceding country shall compensate all expenses relating to
the displacement of the citizens outside of the republic.
Article 19. During the last year of the transitional period,
the seceding country, by the initiative of the supreme organ of the state
authority can hold the repeated referendum in order to approve the decision on
separation of the union republic from the USSR. The
repeated referendum is binding if it is requested by one tenth of the citizens
of the USSR, permanent residents of the republic and authorized to
vote under the legislation of the USSR.
If in the repeated referendum for the approval of
the decision on secession from the USSR less than two thirds of the citizens of
the USSR, permanent residents of the union republic authorized to suffrage
under the legislation of the USSR votes in favour, the decision on separation
of the union republic from the USSR shall be revoked and the procedures shall
be terminated.
(…)
The President of the Union of he Soviet Socialist Republics M.
Gorbachev.
3 April 1990
(Bulletin of the Congress of the People’s Deputies of
the USSR and the Supreme Council of the USSR, M., 1990, # 15, p. 303-308)