Supreme Soviet of the USSR
Moscow political TV programs insistently promote the idea of the need for urgent recognition by Russia of the "independence" of the so-called "Nagorno Karabakh Republic (NKR)" as the only salvation of the Armenians of Karabakh from military defeat. The Armenians in Moscow held a
Since the presidency of Robert Kocharian, Yerevan has been frightening Azerbaijan with the possibility of an Armenian "recognition of Karabakh independence." In recent days, with the beginning of the liberation war of Azerbaijan, this is often discussed in the parliament and government of Armenia.
However, there is no "recognition" in Armenia. There is no longer in Karabakh the buffer zone, the status quo and the "NKR borders" invented by the occupants, and Yerevan continues to frighten Azerbaijan by adopting the "act of recognition". Why does not this happen?
Some people remember that in December 1, 1989, the Supreme Soviet of the Armenian SSR made a decision to annex Nagorno-Karabakh to the Armenian Soviet Socialist Republic within the USSR. And on January 9, 1990, the Supreme Soviet of the Armenian SSR adopted a resolution "On the inclusion in the State Plan of Economic and Social Development of the Armenian SSR for 1990, the Social and Economic Development Plan of the NKAO (Nagorno-Karabakh Autonomous Oblast within the Azerbaijan SSR) for 1990".
The next day, on January 10, 1990, the Presidium of the Supreme Soviet of the USSR issued a resolution "On the inconsistency of the USSR Constitution of acts on Nagorno-Karabakh adopted by the Supreme Soviet of the Armenian SSR on December 1, 1989 and on January 9, 1990", in which it indicated that this decision was a direct violation Article 78 of the Constitution of the USSR. Speaking about the "miatsum", the Armenians say nothing about the decision of the Presidium of the USSR Armed Forces.
Modern Armenia is the legal successor of the Armenian SSR, they emphasize this, and therefore the decisions of the Armenian SSR remain in force for the Armenian Republic. This means that in order to proclaim Nagorno-Karabakh as a state, modern Armenia must first cancel the decision of the Armenian SSR of 1989 and 1990. Will the hypothetical "recognition of the NKR" by Armenia receive "legal force" in Armenian law?
In international law, such a decision will be considered illegal because, according to international law and world borders on the UN maps, which Armenia recognized when joining this organization, Nagorno-Karabakh is the legal territory of Azerbaijan. "Recognition of the NKR" in other countries is impossible.
Russia at the legislative level recognizes the territory of Azerbaijan within the boundaries of the Azerbaijan SSR, with which our republic left the Soviet Union and became an independent country, a member of the UN.
The European Union has adopted numerous decisions, which directly and indirectly recognized the territorial integrity of Azerbaijan within the borders of the Azerbaijan SSR. The latter was on May 5, 2020, when the Vice President of the European Commission, Josep Borrell, said that the European Union remains committed to supporting the territorial integrity, independence and sovereignty of all its partners, including Azerbaijan.
“The European Union remains committed to the established formats for the peaceful settlement of disputes. In the context of the Nagorno-Karabakh conflict settlement, the EU continues to support the efforts and proposals of the Minsk Group co-chairs of the Organization for Security and Cooperation in Europe aimed at a peaceful settlement of the Nagorno-Karabakh conflict, including the efforts of the EU Special Representative for the South Caucasus,” the statement reads.
In a statement issued by the representative of the EU foreign affairs and security policy on March 31, 2020, the EU confirmed that it does not recognize the constitutional and legal framework in which the so-called "presidential and parliamentary elections" were held in Nagorno-Karabakh on that day. Bilateral documents, which emphasize respect for the territorial integrity of Azerbaijan, have been signed with the largest European countries.
Azerbaijan is the head of the Non-Aligned Movement, which unites 120 states of the world. The movement has repeatedly expressed a principled position condemning the hostile actions of Armenia against the territorial integrity of Azerbaijan. The United States also considers Nagorno-Karabakh to be an integral part of the Republic of Azerbaijan. All neighboring countries of Azerbaijan, except, of course, the aggressor, consider Nagorno-Karabakh to be the territory of Azerbaijan.
Thus, in the legal and political sense, the declaration of the Azerbaijani territory as a kind of independent state is impossible not only for other countries, but even for Armenia. If such a decision is somehow made, it will become legal nonsense, not having legal force also because it will come into conflict with the international principle that it is impossible to change unilaterally the borders of the state.
These are, first, acts of the UN bodies, in particular, the Declaration of Principles Concerning Friendly Relations of States in 1970, as well as the Declaration and Document on Confidence-Building Measures of the Final Act of the Conference on Security and Cooperation in Europe. “The participating states consider all borders of each other as inviolable as the borders of all states in Europe, and therefore they will refrain now and in the future from any encroachment on these borders,” the UN and Europe said.
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