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Как известно, Верховная Рада Крыма в обход Конституции Украины приняла решение о проведении в Крыму 16 марта референдума по присоединению к России. (src)

As was noted, the Supreme Council of Crimea made a decision against the Ukrainian Constitution about a referendum on 3/16/2014 to join Russia.

Is this qualifier in the newspaper true?

Was the decision contrary to the Ukrainian Constitution (which binds Crimean Supreme Council).

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it can't possible be legal because it's a choice made under the gun of the Russian army –  anonymous Mar 6 at 15:58
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Interesting. How constitutional the armed takeover of power/overthrow of the legitimate president of Ukraine IS then? –  Vladimir Mar 6 at 20:11
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It most probably is not legal. Just like it was not legal for Kosovo to declare its independency, while the legal thing would be for all of Serbia to go on referendum. But back then, it looks like USA and its allies did not care about legality. –  Johnny Mar 6 at 21:12

3 Answers 3

The referendum seems to be unconstitutional. The relevant legal source appear to be article 72 and 73 of the Ukranian constitution. Article 73 states that any decisions on the territory of Ukraine must be resolved by an "All-Ukrainian referendum". Article 72 states that this type of referendum needs to be requested by at least three million citizens, "provided that the signatures in favour of the referendum have been collected in at least two-thirds of the oblasts with at least 100,000 signatures gathered in each oblast". This has not been done. Even if it had been done, all Ukranians would have the right to vote in the eventual referendum, whereas it seems as if only Crimean citizens would have a say in the planned referendum on March 16.

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It is most definitely illegal. Other than the reasons listed above, Crimea appears to be occupied by foreign forces. A fair and peaceful referendum cannot take place on a territory that has been invaded by another country.

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-1: why do you assume the country was invaded? Besides, legality as nothing to do with fairness and peacefulness unless these are required by law. –  J. C. Leitão Mar 8 at 11:09

Let me ask this. Is "a coup to the legitimate government" legal? Fascists in Ukraine got the government illegally. They are a threaten for Russian ethnicity. Now if we have to respect the choice of Ukrainian people (which was illegal) why don't we also respect Crimean citizens?

I also want to make a correction. Crimea is not under invasion of Russian army. Everybody thinks like that because that's what USA media imposes to the world. But the fact is Crimea Prime minister invited Russian army to protect themselves from Ukrainian Nazis. In Crimea half of the population is Russians. The next step of the revolution (I say it's a coup) is extermination of Russians.

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that is not true, 3+ years I am living in Ukraine, and speaking Russian, and never saw a rude because of language. I know a people that took part in revaluation, and they are speaking Russian... Everyone in Crimea knows, that solders there are Russian army, so Russian heads are lying... There are much more murders in Russia on national root...you are free to ask about legitimness of the government, this question is not about that –  ArsenMkrt Mar 6 at 23:24
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My friend, Russian by culture, has her elderly parents in Kharkiv, along with a lot of friends. And she told me that the touted 'oppression' of Russian speakers is propaganda on part of the Russian Govt. –  CopperKettle Mar 9 at 6:22
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@CopperKettle Distribution of Russian language in Ukraine. Support for the second official language status. Only due to a law of 2012 did it get at least an official status in some regions. On the first day after the revolution above 50% of the parliament votes for a bill to abolish that law. Though later it gets vetoed by Turchinov after the pro-Russian revolt it triggered. Now who's speaking propaganda by referring to a friend of a friend as the source? –  Nikita Volkov Mar 17 at 11:44

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