Treaty on the Creation of the Union of Soviet Socialist Republics followed by Resolution of the RSFSR Supreme Soviet On denunciation of the Treaty establishing the USSR
Annulment
On December 8, 1991, the leaders of the Ukrainian and Belorussian SSRs, and the RSFSR met to agree on the annulment of the 1922 treaty. 4 days later, the Russian parliament adopted a relevant resolution, effectively dissolving the USSR.Discussion about the validity of the treaty at the time of the collapse of the USSR
The Chairman of the Supreme Soviet of the RSFSR Ruslan Khasbulatov, who signed the decree on the denunciation of the Union Treaty, subsequently stated that the treaty ceased to exist as a state legal document with the adoption of the first Constitution of the USSR in 1924.There is no consensus among Russian lawyers about the effect of the Union Treaty of 1922 at the time of the collapse of the Soviet Union. Doctor of Law Petr Kremnev believes that the treaty had an international legal character and was in effect from the moment of its adoption until the collapse of the USSR in 1991. A diametrically opposite position is taken by Dmitry Lukashevich, candidate of legal sciences, who considers the Union Treaty of 1922 to be a constituent act of domestic legal nature. He makes the following arguments: "The treaty on the formation of the USSR in 1922 was not an international legal, but a constituent act of a domestic nature. The function of this treaty is only to establish the state, and not to legitimize its existence. Just as it is impossible to liquidate a legal entity by terminating the agreement on its establishment or to liquidate an entire state by simply denouncing the treaty establishing it. At the same time, the treaty was not, in the proper sense, an agreement on the creation of a state, but was only a part of the future Constitution [1924], and, finally, the Treaty on the formation of the USSR in 1922 was originally conceived as part of this constitution being developed, and therefore, it was simply impossible to denounce "or otherwise terminate it in December 1991."On March 15, 1996, the State Duma of the Russian Federation expressed its legal position in relation to the decision of the Supreme Soviet of the RSFSR in "The denunciation of the Treaty establishing the Soviet Union" as the wrongful, unconstitutional act passed by a grave violation of the Constitution of the RSFSR, the norms of international law and then in force legislation.
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