In response to questions from consumers asking us to clarify some of the legal aspects related to visiting the Crimean peninsula, the purchase of tourist products, real estate and services related to this territory, the OZP prepared this memo. We suggest that you carefully study the advice and recommendations before deciding whether to carry out any transactions in the Crimea itself and with the participation of legal entities operating on the peninsula.
1. Right status
According to the current international treaty between the Russian Federation and Ukraine on the Russian-Ukrainian state border, the territory of the Crimea peninsula, including the Republic of Crimea and the city of Sevastopol, is part of Ukraine. The territorial integrity of the state of Ukraine within the existing borders is also confirmed by a number of other existing international treaties and agreements, in particular:
Treaty on friendship, cooperation and partnership between the Russian Federation and Ukraine of May 31, 1997;
The CIS Charter;
The agreement between the Russian Federation and Ukraine on cooperation in the use of the Azov Sea and the Kerch Strait;
Agreement between the Government of the Russian Federation and the Government of Ukraine on border crossing points between the Russian Federation and Ukraine on 8 February 1995;
Agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the procedure for crossing the Russian-Ukrainian state border by residents of the border regions of the Russian Federation and Ukraine;
However, as a result of the adoption of amendments to Art. 65 of the Constitution of the Russian Federation, the structure of the Russian Federation included: “The Republic of Crimea and the city of federal significance Sevastopol”.
According to the provisions of paragraph 2 of Art. 16 of the Constitution of the Russian Federation: “No other provisions of this Constitution can contradict the fundamentals of the constitutional system of the Russian Federation.” In paragraph 4 of Art. 15 of the Constitution of the Russian Federation ( Chapter 1. Fundamentals of the Constitutional Order ): “The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If the international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty are applied. ”
The Russian Federation did not denounce the above-mentioned international treaties and agreements in which Ukraine’s territorial integrity was recognized, Ukraine did not declare war, did not sign a new peace treaty that would legitimize the annexation of the Crimea peninsula. Ukraine did not give up sovereignty over the territory of the Crimea.
Thus, the inclusion of the Republic of Crimea and the city of federal significance of Sevastopol in the Russian Federation is a legal fiction. According to the norms of international law, these territories are occupied, which has certain consequences, including when carrying out entrepreneurial activities, including the sphere of consumer relations. At the Russian consumers at fulfillment of any transactions in the Crimea and with participation of the legal persons carrying out activity on peninsula, there are quite certain risks about which we consider as our duty to inform.