28.1.2010. The legal justification for the formal commencement of the international recognition of the restored Republic of Subcarpathian Rus in accordance with international laws.

At the end of World War I "Ruthenians to south of the Carpathians", who lived in 13 counties, along with other Slavic nations, forming the Austro-Hungarian monarchy, were given the right to self-determination and became a subject of international law. 8.01.1918, U.S. President Woodrow Wilson proclaimed the 14-point conditions for the beginning of the truce with the opponents of the Entente, especially with Germany and Austria-Hungary. Paragraph 10 stated that the peoples of the Habsburg monarchy, including the Ruthenians, had to be able to obtain full independence. On October 23, 1918 "Ruthenians to the south of the Carpathians" were enlisted in the "Union of the enslaved peoples of Europe", and were recognized a distinct people with the right to self-determination.

In the history of law, subjectivity has never been of the first or second category. International law does not classify the sovereignty of the peoples in order of size as "great", "less than great", or "small".

International practice has a few ways to implement the people's right to self-determination: the establishment of an independent state, free accession to another independent state, or association with it, or providing them any other political status freely determined by the people.
Sovereignty, as we know, exists only in the nation - one and undivided, immutable and inalienable. Decision of the Ruthenians, as expressed in the resolution of the Central Ruthenian People's Council ([Russka Rada]) in Uzhgorod on May 8, 1919, "On behalf of all the people" fully supported the proposal of American [Ugro-Ruthenian Councils] to join the peoples of Czechoslovakia based on "full national autonomy". Therefore, it was made in the Collateral Agreement between the Ruthenians and Czechoslovakia, and confirmed in the peace treaty of Saint-Germaine en Laye in September 10, 1919. It stated that "the territory of the Ruthenians to the south of the Carpathians" would join Czechoslovakia, with the condition that it would provide the Ruthenians (according to the Collateral Agreement) the highest degree of autonomy while preserving the unity of the Czechoslovak state. "Thus, using their right to self-determination, the Ruthenians in historical realities existing at the time, have voluntarily acceded to the Czechoslovak Republic as a "self-governing territory, with the high degree of autonomy that is compatible with the unity of the Czechoslovak Republic". At the same time, the Ruthenians delegated part of their sovereign rights to the Prague central government.

However, this did not mean that they have lost their sovereignty, or renounced it. Hungary, in turn, in 1920 at the signing of the Trianon Treaty, in Article 4 also stated,- "Hungary recognized for its part, as did the Allied nations and those that joined them, the full independence of the Czechoslovak State, which would include the autonomous territory of the Ruthenians to the south of the Carpathians".

Subcarpathian Ruthenia ( this name was given to the state by resolution of the General Charter in November 16, 1919, and included in the Constitution of the Czechoslovak Republic, that was adopted in 1920), became part of Czechoslovakia. Ruthenian political nation with its national territory became part of Czechoslovakia as constituent people with the right to self-determination, along with the status of the Czechs and Slovaks. Subcarpathian Ruthenia has acquired international recognition, and its position was not challenged by anyone later.

World War II interrupted the process of Ruthenian statehood. The central Czechoslovak government, signing "Treaty between Czechoslovakia and the USSR" On the Trans-Carpathian Ukraine - Carpathian Ruthenia in Moscow on June 29, 1945, had no right to unilaterally decide the fate of the Subcarpathian Ruthenia because at least the fact

that it did not possess, in accordance with the Constitution of the Czechoslovak Republic, the absolute jurisdiction in this territory.
International law permits secession in form of agreement between all parties concerned, i.e. voluntary consent and in accordance with international law.

However, during the negotiations and the signing of the Treaty in Moscow on June 29, 1945, the third subject of international law - Subcarpathian Ruthenia, was absent. In this case, it was presented not as a subject, but merely as an object of international law.
Already at the time of signing of the Treaty, there were serious violations of protocol. The signatories from the Czechoslovak party, Prime Minister Z. Fierlinger and State Secretary of Ministry of Foreign Affairs of Czechoslovakia V. Klementis had no authority in due form and order to sign the Treaty, as authorized them to this E. Benes at the time was not the President of Czechoslovakia, in accordance with the Constitution of Czechoslovakia.

It is known that on the 5th of October 1938 E. Benes (perfectly legally) refused the post of president of Czechoslovakia, and subsequently had never been elected to that position by constitutional means.

In Article 2 of the Treaty, its ratification was provided by the Bureau of the Supreme Soviet of the USSR and the National Assembly of the Czechoslovak Republic. From the Czechoslovak side the agreement was ratified by the Provisional People's Assembly, which was not elected, but appointed by decree of E. Benes, who had no constitutional right to approve the decision to change the borders of the State and transfer part of its territory to another State.

The then Prime Minister of Czechoslovakia Fierlinger was well aware of this fact. In his speech on the occasion of the signing of the Treaty, he said: "I am confident that this agreement will be unanimously ratified by the National Assembly, which in the near future will be elected on the basis of universal suffrage".
International law regulates the expression of the people's will with regard to nationality. Such declaration of intent takes the form of a plebiscite, providing all the appropriate conditions for its conduct be in place. In particular, the absence of the occupying forces in the territory during the plebiscite. Reference in the 1945 Treaty on the free will of the people of Subcarpathian Ruthenia about "secession from Czechoslovakia and joining the USSR", described in the "Manifesto of the First Congress of People's Committees", which was adopted in Mukachevo December 26, 1944, could not express the will of the people either in form or content. Moreover, that procedure was carried out during the war in the territory occupied by a foreign army, "in the military field". Indeed, in November 26, 1944, Mukachevo was in the zone of combat operations of the Fourth Ukrainian Front, i.e. in circumstances where the military leadership of the occupation army has assumed full control and functions of supreme power.

The effect of civil rights was suspended. This means that the civil rights were suspended. In this situation, any talks about the legitimacy of the procedure of the expression of the people's will to determine their political status were completely unfounded.

No state has the right to renounce its citizens and "collectively" transfer them to anyone whatsoever without the agreement of every individual citizen, as did authorities

of the Czechoslovak Republic. Protocol (Annex to the Treaty) allowed choice of citizenship only to persons of "Czech and Slovak nationality". Thus, the indigenous population of the province - Ruthenians, who were simply not mentioned, have been deprived of this right, i.e. there was discrimination against the rights of citizens on ethnic grounds.
Foreign doctrine asserts that for the normal implementation of the norms of international treaties into domestic legal framework, the norm of Law (Decree) cannot have more power than the norm of treaty and has to be considered in such a way as to comply with treaty rules. None of the parties to the treaty "shall not restrict or exclude their legislation or any obligations contained in existing international instruments". However, the Presidium of the Supreme Soviet of the USSR in its Decree from January 22, 1946, in violation of international law, unilaterally violated the law of another state, allowing illegal elimination of the subject of international law Subcarpathian Ruthenia (or Carpathian Ukraine), which was recognized by the international community, as stated in the Saint-Germaine and Trianon peace treaties..

Importantly, the treaty on the Carpathian Ukraine was signed in Moscow between Czechoslovakia and the Soviet Union, although at that time international relations provided for the right of representation of the Ukrainian SSR itself (p. 5, Art. 72 of the Constitution of Ukrainian SSR) and the Bureau of Ukrainian SSR (p.13, Art. 108) also had the competence to ratify international treaties. Nevertheless, the USSR not only did not sign the treaty, but at its conclusion, Ukrainian diplomats were not present (even in the hallway).

In fact, Subcarpathian Ruthenia was transferred to the Ukrainian SSR from the Soviet Union only for a temporary administration.
During the period of the Soviet Union, "... an inviolable Union of independent republics", Subcarpathian Ruthenia belonging to Ukraine was not very significant. However, since the proclamation of independence of Ukraine the situation had changed drastically. The status of Subcarpathian Ruthenia, or "Ruthenian question" should have been immediately included into the legal field of Ukraine. The Constitution in Article 9 gives a comprehensive list of international legal norms, forming part of the national legislation of the country. It states that only international agreements of Ukraine, the consent to be bound was given by the Supreme Council of Ukraine, should take effect. Therefore, since, as stated above, the treaty "On the Carpathian Ukraine" as the subject of international law was signed by the USSR, not Ukrainian SSR, in accordance with Article 7 of the Law of Ukraine "On Succession of Ukraine", an agreement to which the Supreme Council of Ukraine did not give consent, is not "part of the national legislation of Ukraine", and is regarded as not in effect with respect to Ukraine. So far, there is no officially published Act on the expression of consent of the Supreme Council of Ukraine to be bound by an international treaty "On the Carpathian Ukraine", therefore, the above agreement is not valid for the Independent Ukraine.

In this context, since the proclamation of independence of Ukraine, all legal relations arising between Kiev and the national "territory of the Ruthenians to the south of the Carpathians" are illegitimate..
In this situation, of course, the best solution for the authorities of the Independent Ukraine would be immediate ratification of the treaty "On the Carpathian Ukraine" and applying appropriate changes to the Constitution, i.e. acceptance of the will of the people in a referendum on December 1, 1991. However, the political leadership of Ukraine for 18 years is trying to solve the Ruthenian issue by administrative repressive methods. Deliberately distorting the situation, the Ukrainian authorities call the Ruthenian national movement baseless, imaginary and illusory. It is being labelled "political Ruthenism", "Ruthenian separatism"; there are direct threats of persecution to the Ruthenian activists, according to the elaborated at the State level "Plan-Action" on ethnic elimination of the Ruthenian people, etc.

Categorically not recognizing the right of the Ruthenian people of Transcarpathia (Subcarpathian Ruthenia) to self-determination, "free will" (available to them since 1918, and strongly expressed in the referendum-plebiscite of 1991, when 78.2% of the population voted for the status of "special self-governing territory and as an administrative entity), them (the authorities of Ukraine), in fact, irresponsibly opted out of the solution of the "Ruthenian issue". Moreover, over 18 years of rule, the Ukrainian authorities in the province have been conducting an uncontrolled covert policy of genocide of the people, forbidding the study of the Ruthenian language and history in public schools, and gradually destroying national habitat.

1) There is ongoing clear-cutting of the Carpathian forests, deadly in its effects inefficient use of mineral waters, and rare minerals.
2) The area is being polluted for centuries with heavy metals from the processing lead-zinc ores complex in Muzhiyevo, and because of import of toxic industrial waste from Europe.
3) Active, capable native Ruthenian population due to poverty and lawlessness is being extruded abroad. Around 300 thousand of employable Ruthenians are forced to seek the means of subsistence for their families outside of Ukraine. Every year more than 5000 Ruthenians emigrated to other regions and countries, which threaten the extinction of the indigenous population of the region.
4) The younger generation is being brought up without knowledge of their background, and parental care. They live in an environment of ecological disaster on the products of the Chernobyl zone, and products that have been genetically modified and imported from abroad, mostly smuggled and past their expiry date.
5) The criminal secret plan of the Government ("Action plan to address the issue of Ruthenians-Ukrainians") implements a policy of forcible assimilation and Ukrainization of the Ruthenians people, and systematically destroys Ruthenian language, traditions and distinctive culture of the people. Mother-tongue education in schools of the Transcarpathian region is absent, Uzhgorod National University has no Ruthenian Department, and the term "Ruthenian" is prohibited.
6) Authorities have pursued a consistent policy of artificially lowering the number of Ruthenians living in the province.
7) Ukrainian secret services did not cease persecution of the spiritual leader of the Subcarpathian Ruthenians, Archpriest Dimitry Sidor and other leaders of the Ruthenian organizations.

Given the above, guided by natural instinct for self-preservation and the right to self-determination, Ruthenian people, through their representatives, exercise their right to exist through the re-establishment of their pre-Soviet state.

P. Getsko, Prime Minister of the Government of the Republic of Subcarpathian Rus

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