State Council of Crimea

Regional parliament of the Republic of Crimea

  • Государственный Совет Крыма
  • Державна Рада Криму
  • Къырым Девлет Шурасы
Coat of arms or logoTypeType
Unicameral
Leadership
Chairman
Vladimir Konstantinov
from 17 March 2014, United Russia
StructureSeats75
Political groups
  •   United Russia (60)
  •   LDPR (10)
  •   CPRF (5)
Elections
Voting system
Parallel voting
Last election
8 September 2019
Next election
2024Meeting placeBuilding of the State Council of Crimea, SimferopolWebsitewww.crimea.gov.ru
This article is part of a series on the
politics and government of
Crimea
Autonomous Republic of Crimea
(within Ukraine, 1991–present)
Republic of Crimea
(territory occupied by Russia 2014–present)
See also
Political status of Crimea
Politics of Russia • Politics of Ukraine
  • v
  • t
  • e

The State Council of Crimea[a] is the parliament of the Russia-administered Republic of Crimea. It claims to be a continuation of the 'Supreme Council of Crimea'[2] following a vote by the Ukrainian parliament to dissolve the Supreme Council of Crimea.[3][4][5] The Parliament is housed in the Parliament building in the centre of Simferopol.

Following the events of 2014, Crimea is a territory currently under dispute between Russia and Ukraine with Russia administering the territory but most countries continuing to recognise the territory as Ukrainian.

During the period of time in which Crimea was controlled by Ukraine, the Parliament was unable to appoint the Prime Minister of Crimea on its own, being able to appoint him only with the advice and consent of the President of Ukraine. This restriction did not sit well with the Parliament and its constituents, creating a long-standing rift between them and the national government of Ukraine.[citation needed]

As the Crimean crisis unfolded, the Parliament building was seized by unidentified pro-Russian gunmen. Under their control, the Parliament removed the incumbent Ukrainian-consented Prime Minister of Crimea and unilaterally appointed Sergey Aksyonov in his stead. The disbandment was also caused by the belief that the Crimean Parliament collaborated with Russian troops in the region against Ukrainian authorities.[6] Days later,[quantify] the Crimean Parliament reunified its territorial jurisdiction with the city of Sevastopol into a single united nation and unilaterally declared their independence from Ukraine following a referendum. This newly formed nation then acceded to Russia which ultimately transferred the Crimean Parliament under a newly formed federal subject of Russia.

History

1998 to 2014

The Supreme Council of Crimea was regulated according to a legislation passed by the Ukrainian parliament on 10 February 1998.[7] The parliament lacked the right of initiative but was authorized to fix its own election date under the Crimean constitution.[8][9][10]

The way council members were elected was changed several times. From the 1998 elections, a majoritarian system[which?] had been introduced that did not ensure the proper proportional representation of Crimean minorities in the council, especially that of Crimean Tatars.[further explanation needed][11]

In the wake of the Crimean crisis

On 27 February 2014, during the 2014 Crimean crisis, Refat Chubarov, leader of Mejlis of the Crimean Tatar People and member of the Council of Ministers of Crimea, said that unknown gunmen seized the Building of the Supreme Council of Crimea on Karl Marx Street and the building of the Council of Ministers on Kirov Avenue in Simferopol.[12]

Fifty gunmen occupied the building of the Crimean legislature, barricaded the building and installed machine guns at the front entrance.[citation needed] Roman Sohn from the EUobserver wrote that, "[the gunmen] let in [the Speaker of the Parliament] and the members of the presidium of the Crimean legislature, while denying entry to officials of its executive office."[13]

The Council then proceeded to hold an emergency session and passed a motion of no confidence in the Council of Ministers and adopted a resolution to terminate its powers.[12] Such session, however, was described as being, "under siege and in violation of all due process" by Roman Sohn from the EUobserver.[13] The parliament dismissed the chairman and Prime Minister of Crimea, Anatolii Mohyliov, pursuant to Article 136 of the Constitution of Ukraine, and replaced him de facto with Sergey Aksyonov, leader of the Russian Unity party.[13] This act has sparked some debate in the international community, as the Constitution of Ukraine establishes that the council can only appoint the Prime Minister in consultation with the President of Ukraine.[14][15] The contention strives on disagreements on who is the actual legitimate President of Ukraine, with the newly installed government in Ukraine considering the newly installed Oleksandr Turchynov as the incumbent Acting President, while the Council considers Turchynov's appointment as illegitimate.

The Council then voted to hold a referendum on the independence of Crimea on 25 May 2014.[16] Olha Sulnikova, head of information and analysis department of parliament, reported on the phone from inside the parliamentary building that 61 of the registered 64 deputies had voted for the referendum resolution and 55 for the resolution to dismiss the government.[17] According to another source three members of all the 64 members of the supreme council could not vote for the Crimean referendum as their voting cards did not work in the system[citation needed].

Interfax-Ukraine reported "it is impossible to find out whether all the 64 members of the 100-member legislature who were registered as present, when the two decisions were voted on or whether someone else used the plastic voting cards of some of them" because due to the armed occupation of parliament it was unclear how many members of parliament were present.[17] The Norwegian newspaper Aftenposten suggested in an article from 9 March, that 36 members had been present at the voting procedure.[18] Enver Abduraimov, member of the parliament presidium, said that he did not go inside when he saw that raiders who secured the building were confiscating all communications devices from deputies. Andriy Krysko, head of the Crimean branch of the Voters Committee of Ukraine, announced that no one from the parliament secretariat was in the building when voting took place.[17]

Vladimir Konstantinov, Chairman of the Supreme Council of Crimea, and the new de facto Prime Minister, Sergey Aksyonov, announced that they refused to recognize the dismissal of Viktor Yanukovych as President of Ukraine, and viewed him as legitimate.[19][20] Aksyonov added "we will follow his directions".[21]

On 1 March 2014, the Acting President of Ukraine, Oleksandr Turchynov, signed a decree declaring the appointment of Sergei Aksyonov unconstitutional.[22]

On 15 March 2014, Ukraine's Verkhovna Rada dissolved the Supreme Council of Crimea. A total of 278 MPs, out of 296 registered for the meeting on Saturday, voted for the relevant decree.[23]

Powers and authorities

Prior to 2014

The Supreme Council had the power to solve any and all matters under the Constitution of Ukraine, the Constitution of Crimea, and Ukrainian laws within the terms of reference of the Autonomous Republic, except those that were required to be solved by a local referendum, or by the Council of Ministers of Crimea and other executive bodies of the republic.[24]

The council's specific powers were as follows:[24]

  1. Adopt the Constitution of the Autonomous Republic of Crimea, together with submittal of the same for approval by the Supreme Rada of the Autonomous Republic of Crimea, and of statutory acts, with making alterations of and amendments to the same, and elucidation of their application procedure; determination of procedure and securing of control over the implementation of the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference;
  2. Call a regular election of the members of the Supreme Rada of the Autonomous Republic of Crimea and approval of the composition of the election committee of the Autonomous Republic of Crimea
  3. Pass a resolution upon holding of a republican (local) referendum
  4. Determine the procedure of administration of the assets owned by the Autonomous Republic of Crimea
  5. Determine the procedure of administration of the assets entered in the account books of the Supreme Rada of the Autonomous Republic of Crimea
  6. Determine the list of the assets of the Autonomous Republic of Crimea subject and not subject to privatisation
  7. Approve the budget of the Autonomous Republic of Crimea and make alterations of the same, control the implementation of the budget, and pass a resolution upon the budget implementation report
  8. Establish the Chamber of Accounts of the Supreme Rada of the Autonomous Republic of Crimea in order to exercise the control, on behalf and in the name of the Supreme Rada of the Autonomous Republic of Crimea, over the use by executive bodies of the budgetary funds of the Autonomous Republic of Crimea; appoint and remove the chairman of the Chamber of Accounts of the Supreme Rada of the Autonomous Republic of Crimea at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea
  9. Set taxes and tax benefits under Ukrainian laws
  10. Pass, upon the motion of the Council of Ministers of the Autonomous Republic of Crimea, resolutions upon the issue of local loans
  11. Determine, upon the motion of the Council of Ministers of the Autonomous Republic of Crimea, the procedure of establishment of special purpose funds (inclusive of foreign currency funds), approve of regulations regarding such funds, control the use of such funds and approve of reports upon the use of such funds
  12. Adopt, upon the submittal by the Council of Ministers of the Autonomous Republic of Crimea, he programmes of the Autonomous Republic of Crimea for socio-economic and cultural development, rational nature management and environmental protection in keeping with respective national programmes, making alterations of the same and control over the implementation of such programmes
  13. Resolve administrative-territorial system matters under Ukrainian laws; acknowledge of the resort status of localities, establish of sanitary protection zones of resorts, resolve matters of organisation and development of resort-and-recreation sphere and tourism
  14. Resolve, within the terms of reference of the Supreme Rada of the Autonomous Republic of Crimea, matters of securing civil rights and freedoms and national concord, and assist with the observance and maintenance of law and order and public security
  15. Resolve, within the terms of reference of the Supreme Rada of the Autonomous Republic of Crimea, matters of securing the application and development of the official language, Russian, Crimean Tatar and other ethnic languages and cultures in the Autonomous Republic of Crimea, protection and use of historical and cultural monuments and landmarks, and determine which language the business and documents shall be done, carried out and executed by republican bodies
  16. Participate in the building of the basic principles of the domestic policy, foreign-economic and foreign policy activity of Ukraine in matters regarding the interests of the Autonomous Republic of Crimea
  17. Elect the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the first vice-chairman and the vice-chairman and dismissal of the same
  18. Form the Presidium of the Supreme Rada of the Autonomous Republic of Crimea, the standing and interim committees of the Supreme Rada of the Autonomous Republic of Crimea and election of the chairmen of standing and interim committees
  19. Approve of the Regulations of the Supreme Rada of the Autonomous Republic of Crimea, making alterations thereof and amendments thereto
  20. Control the staff of the Supreme Rada of the Autonomous Republic of Crimea, approve of its structure, size and estimate of the staff upkeep expenditures; determine the procedure of organisation and activity of the staff; appointment and dismissal, at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, of the chief of the Secretariat and the administrator of the Supreme Rada of the Autonomous Republic of Crimea
  21. Appoint and dismiss, at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea under the Constitution of Ukraine and Ukrainian laws
  22. Appoint, at the request of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, the vice-chairmen of the Council of Ministers of the Autonomous Republic of Crimea, ministers and the chairmen of the republican committees of the Autonomous Republic of Crimea;
  23. Approve, at the request of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, of the structure and size of the Council of Ministers of the Autonomous Republic of Crimea, its staff and estimate of the staff upkeep expenditures
  24. Establish and liquidation, upon the motion of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, of the ministries and republican committees of the Autonomous Republic of Crimea within the funds allocated from the budget of the Autonomous Republic of Crimea
  25. Dismiss, upon the grounds and in accordance with the procedure provided for by the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, the members of the Council of Ministers of the Autonomous Republic of Crimea
  26. Hold hearings of information about the activity, endorsement of appointment and dismissal of the chief of the General Board of the Ministry of the Interior of Ukraine in Crimea, the chief of the General Board of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea and the director general of the State Broadcasting Company Krym
  27. Endorse the appointment of the Public Prosecutor of the Autonomous Republic of Crimea
  28. Suspend the decrees and orders of the Council of Ministers of the Autonomous Republic of Crimea regarding the discharge of state duties and exercise of state powers in the events where such decrees and orders should contradict the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, applying simultaneously to the President of Ukraine for repeal of such decrees and orders
  29. Repeal the decrees and orders of the Council of Ministers of the Autonomous Republic of Crimea upon the matters coming within the terms of reference of the Autonomous Republic of Crimea in the events where such decrees and orders should contradict the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea
  30. Initiate the declaration of a state of emergency and establishment of environmental hazard areas in the Autonomous Republic of Crimea or its specific localities in cases provided for by Ukrainian legislation
  31. Hearing, not more than twice a year, the reports of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and the members of the Council of Ministers of the Autonomous Republic of Crimea
  32. Pass resolutions of the Supreme Rada of the Autonomous Republic of Crimea regarding the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and other members of the Council of Ministers of the Autonomous Republic of Crimea due to a vote of no confidence. In the event where a resolution upon the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea should be passed due to vote of no confidence by a simple majority of votes of the total membership of the Supreme Rada of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall be dismissed in accordance with the procedure provided for by the Constitution of Ukraine. Pursuant to the Law of Ukraine On the Supreme Rada of the Autonomous Republic of Crimea, in the event where a resolution upon the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea should be passed due to vote of no confidence by two-thirds of votes of the total membership of the Supreme Rada of the Autonomous Republic of Crimea, the President of Ukraine shall agree to the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea
  33. Establish republican mass media
  34. Resolve, within the powers conferred upon the Supreme Rada of the Autonomous Republic of Crimea by the Constitution of Ukraine and Ukrainian laws, any and all matters regarding land relations, use of natural resources, amount of payment for the use of natural resources and other matters
  35. Approve symbols, institution of the Diploma and the Diploma of Honour of the Supreme Rada of the Autonomous Republic of Crimea, titles of honour and other distinctions of the Autonomous Republic of Crimea under Ukrainian legislation
  36. Hold hearings of the reports of committees, chiefs of any and all bodies established, elected and/or formed by the Supreme Rada of the Autonomous Republic of Crimea, and functionaries appointed, elected or approved by the Supreme Rada of the Autonomous Republic of Crimea
  37. Consider, under the Law of Ukraine on the status of member of the Supreme Rada of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, members' enquiries and passing of resolutions thereupon
  38. Pass, pursuant to Ukrainian laws, resolutions upon the establishment of areas and units of the nature reserve pool of the Autonomous Republic of Crimea and other specially protected areas and upon the declaration of nature and other units of historical, cultural, ecological or scientific value historical and/or cultural monuments and/or landmarks protected by law;
  39. Determine the procedure of conclusion and approval of treaties and agreements on behalf and in the name of the Autonomous Republic of Crimea upon any and all matters coming within the terms of reference the Autonomous Republic of Crimea, and the ratification of such treaties and agreements

The Supreme Rada of the Autonomous Republic of Crimea shall also exercise any and all other powers as may be conferred upon it by the Constitution of Ukraine and Ukrainian laws, as well as those conferred upon it by the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.

Internal procedure

The Supreme Council was governed by its own internal rules, adopted on 30 June 1998 and subsequently amended.[25]

All legal acts of the council had to be published and promulgated in Ukrainian, Russian, and Crimean Tatar.[25] Common and every-day work had to be written in Russian, while correspondence to Ukraine had to be written in the state language selected by Ukraine. Legal drafts and other acts could have been submitted in Russian, Ukrainian, or Crimean Tatar but the Secretary had then to translate them into the language required by its respective proceeding.[25]

All sessions, including those of its Presidium and committees, had to be transparent and open to the general public, except those restricted by other laws and regulations. The council could, however, choose to conduct its business confidentially if and only if a majority of the members of the total composition of the body voted to do so.[verification needed][25]

At the first plenary session of the council, the Chief Electoral Officer of Crimea ordered members of parliament to form factions and coalitions. The formation of parliamentary factions and coalitions was conducted in accordance with the Ukrainian law that regulated the procedure specifically for Crimea.

Plenary sessions were conducted if and only if attended by more than half of the deputies of the total composition of the council.

Voting could take place openly, by roll-call, or in secret by using an electronic voting system or ballots.

Membership

The 1998 Constitution of Crimea established that in order to aspire to be a member of the supreme Council one had to:[26]

  • enjoy the right to vote,
  • have attained 18 years of age as at the day of election, and
  • have resided in Ukraine for at least five years.

No individual with a record of deliberate crime, if no such criminal record has been quashed and expunged in accordance with the procedure established by law, would be elected member of the council.

Elections for the council were held every five years with the last election of the Supreme council of Crimea held in October 2010. The next election had been scheduled for sometime in 2014.

Members were elected for a five-years term.[27]

Members of parliament were characterized into two main groups: those elected to represent a single-member district on first-past-the-post and those elected to represent multiseat districts on single non-transferable vote.[original research?] For this purpose, Crimea was divided into 50 districts all with a similar size in terms of population.[original research?] The other 50 represent multiseat districts.[original research?] Both groups served alongside each other with equal rights and powers.

Factions

Factions are a form of association of members of parliament legally recognized by the council. They are formed on the basis of personal written statements of deputies elected in multi-member constituencies and single-mandate majoritarian constituencies for elections of deputies of the council from Republican organizations of political parties.

Officers

The council is presided by a Presidium composed by the Chairman, a First Deputy Chairman, and a Deputy Chairman as ex-officio members.

Presidium

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