Succession, continuity and legacy of the USSR


The Soviet Union, officially the Union of Soviet Socialist Republics, was a transcontinental country that spanned much of Eurasia from 1922 to 1991. It was a founding member of the United Nations in 1945, as well as a permanent member of the United Nations Security Council. Following the dissolution of the USSR in 1991, its seat at the United Nations was transferred to the Russian Federation, which is its continuator state.

Background

The Treaty on the Formation of the Union of Soviet Socialist Republics officially created the USSR. The Treaty was approved on 30 December 1922 by a conference of delegations from the Russian SFSR, the Transcaucasian SFSR, the Ukrainian SSR and the Byelorussian SSR. The Treaty and the Declaration were confirmed by the First All-Union Congress of Soviets and signed by heads of delegations Mikhail Kalinin, Mikhail Tskhakaya, and Grigory Petrovsky, Alexander Chervyakov respectively on December 30, 1922. The treaty provided flexibility to admit new members. Therefore, by 1940 the Soviet Union grew from the founding four republics to 15 republics.

Transition period and cessation of the existence of the Soviet Union

In the Soviet Union, the transition period was declared by adoption the Law of the USSR "On the bodies of state power and administration of the Union of Soviet Socialist Republics in the transition period" which was signed into law on 5 September 1991. It was assumed that the Soviet Union would come out of the transition period with a new name of the Union when all the treaties are signed, ratified, come into force and the new parliament assembled. However, this did not happen.
As the Kommersant newspaper wrote on 7 October 1991, a series of conflicts occurred in the RSFSR government during preparations for the signing of the Treaty on the Economic Community. In his speech to members of the Russian parliament, RSFSR State Secretary Gennady Burbulis declared Russia's special role as the legal successor to the Soviet Union. Accordingly, the ways of drafting agreements with the republics should be determined by the Russian leadership. Instead of the planned order, he suggested signing a political agreement first, followed by an economic one. The newspaper suggested that Burbulis' goal was to persuade Yeltsin not to sign the agreement as it stands at the time. Yegor Gaidar, Alexander Shokhin and Konstantin Kagalovsky were named as the developers of the statement made by Burbulis. In the same time, a group of "isolationist patriots" consisting of Mikhail Maley, Nikolai Fedorov, Alexander Shokhin, Igor Lazarev and Mikhail Poltoranin criticized Ivan Silaev and Yevgeny Saburov for wanting to preserve the Soviet Union.
On 18 October 1991, in the St. George Hall of the Grand Kremlin Palace, Mikhail Gorbachev and the leaders of eight Union republics signed the Treaty on the Economic Community as planned. Ukraine and Moldova said they would sign at a later date. This economic agreement was then to be supplemented by a similar political agreement. On 14 November in Novo-Ogaryovo, Mikhail Gorbachev and the heads of the seven union republics pre-agreed to sign a treaty on the creation of a political union called the Union of Sovereign States, which would have no constitution but would remain a subject of international law as the Soviet Union had been. The Treaty would complement the previous economic treaty and was scheduled to be signed in December.
Because of the referendum results and the actions of the Verkhovna Rada, Leonid Kravchuk refused on 7 December to sign such a political agreement that did not take Ukraine's status into account. Boris Yeltsin said that if Ukraine would not sign, then Russia would not sign either, although at this moment, besides Russia, six republics still wanted to sign the new Union treaty. The Belovezha Accords were signed on 8 December, where it was Burbulis who authored the phrase “The Union of Soviet Socialist Republics as a subject of international law and geopolitical reality ceases to exist.” The agreement declared the dissolution of the USSR by its remaining founder states and established the Commonwealth of Independent States. On 10 December, the accord was ratified by the Ukrainian and Belarusian parliaments. On 12 December, the agreement was ratified by the Russian Parliament, therefore the Russian SFSR renounced the Treaty on the Creation of the USSR and de facto declared Russia's independence from the USSR.
On 26 December 1991, the USSR was self-dissolved by the Council of the Republics of the Supreme Soviet of the Soviet Union, the upper house of the Supreme Soviet of the Soviet Union.

General agreements

On 14 February 1992, the heads of state instructed the foreign ministers of the Commonwealth participating states to prepare a document on the legal succession of treaties, all property, state archives, debts and assets of the former Union of Soviet Socialist Republics.
On 20 March 1992, the CIS Council of Heads of State signed the Decision on the succession of state property, debts and assets of the former USSR.
On 15 May 1992, the CIS Council of Heads of State signed a Protocol Decision on the activities of the Commission on Succession to Treaties, of mutual interest, state property, state archives, debts and assets of the former Union of Soviet Socialist Republics.
On 6 July 1992 the CIS Council of Heads of State signed a Memorandum of Understanding on the issue of succession to treaties of the former Union of Soviet Socialist Republics that are of mutual interest.
According to the text
  • Almost all multilateral international treaties of the former Union of Soviet Socialist Republics are of common interest to the Commonwealth participating States. However, these treaties do not require any joint decisions or actions of the participating States of the Commonwealth. The question of participation in these treaties is decided in accordance with the principles and norms of international law by each Commonwealth participant state on its own.
  • There are a number of bilateral international treaties of the former Union of Soviet Socialist Republics that affect the interests of two or more Commonwealth participant states. These treaties require decisions or actions by those Commonwealth participating States to which the treaties apply.
  • A number of bilateral treaties affect the interests of all Commonwealth participating States. These include, for example, treaties on borders and their regime. Such treaties are required by international law to remain in force, and participation is limited to those Commonwealth participating States that share a contiguous border with non-Commonwealth countries.
  • If any questions arise concerning succession to treaties of the former Union of Soviet Socialist Republics, consultations will be held between the States concerned.

    International relations, treaties and organizations

On 4 September 1991, U.S. Secretary of State James Baker articulated five basic principles that would guide U.S. policy toward the emerging republics: self-determination consistent with democratic principles, recognition of existing borders, support for democracy and rule of law, preservation of human rights and rights of national minorities, and respect for international law and obligations. The basic message was clear—if the new republics could follow these principles, they could expect cooperation and assistance from the United States. Self-determination is a cardinal principle in modern international law but no right to secession is recognized under international law.
The "Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union", adopted by Ministers of the EC on 16 December 1991. According to a scientific paper: "EC Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union approved in December 1991 constituted a remarkable innovation in European policy-making."
On 21 December 1991, the Council of Heads of State decided that the member states of the Commonwealth, referring to Article 12 of the Agreement on the Establishment of the Commonwealth of Independent States, based on the intention of each state to fulfill obligations under the UN Charter and participate in the work of this organization as full members, taking into account that the original members of the UN were the Republic of Belarus, the USSR and Ukraine, expressing satisfaction that the Republic of Belarus and Ukraine continue to participate in the UN as sovereign independent states, decided that "the Commonwealth States support Russia in continuing the membership of the USSR in the UN, including permanent membership in the Security Council, and other international organizations." The document entered into force for 11 countries on December 21. On 23 December 1991 this appears in print in the New York Times: "Member states of the commonwealth support Russia in taking over the U.S.S.R. membership in the U.N., including permanent membership in the Security Council and other international organizations."
The Declaration of the Twelve on the future status of Russia and other former Soviet Republics was published on 23 December 1991, according to which "The European Community and its Member States have noted with satisfaction the decision of the participants at the Alma Ata meeting on 21 December 1991 to establish a Commonwealth of Independent States. They note that the international rights and obligations of the former USSR, including those arising from the Charter of the United Nations, will continue to be exercised by Russia. They note with satisfaction the acceptance by the Russian Government of these commitments and responsibilities and will continue to deal with Russia on this basis, taking into account the change in its constitutional status. They are prepared to recognise the other Republics constituting the Community as soon as they receive assurances from those Republics that they are prepared to fulfil the requirements set out in the "Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union", adopted by Ministers on 16 December 1991. They expect, in particular, that those Republics will give them assurances that they will fulfil their international obligations arising from treaties and agreements concluded by the Soviet Union, including the ratification and implementation of the CFE Treaty by the Republics to which it applies, and that they will establish a single control over nuclear weapons and their non-proliferation."
Thus, the 12 countries do not need to recognize Russia's independence from the Soviet Union and establish new relations with Russia as a new state, because relations have already been established with the Soviet Union, of which Russia has become the continuator in international relations. Recognition of the independence of other 11 countries occurs on the condition that they assume the obligations under the treaties signed by the Soviet Union, including respect for the provisions of the Charter of the United Nations and the commitments subscribed to in the Final Act of Helsinki and in the Charter of Paris, guarantees for the rights of ethnic and national groups and minorities, respect for the inviolability of all frontiers and acceptance of all relevant commitments with regard to disarmament and nuclear non-proliferation as well as to security and regional stability.
Marko Milanovic, Professor of Public International Law at the University of Reading School of Law noted in 2009: "The best example of continuation and separation is the Soviet Union, which continued its existence as the Russian Federation, along a number of new successor states. A continuator state like Russia by definition remains a party to all treaties of its predecessor, because for all intents and purposes it is the predecessor. Thus, for example, Russia continued the Soviet Union’s UN membership and its permanent seat on the Security Council."