MEMORANDUM 2nd European Congress of Subcarpathian Ruthenians (October 25, 2008)

MEMORANDUM 2nd European Congress of Subcarpathian Ruthenians (October 25, 2008)

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on the adoption

ACT OF PROCLAMATION of the restoration of Ruthenian statehood

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Considering:

1. That the 17-year-old (as of 2008) anti-Rusyn policy of the Ukrainian authorities testified to the impossibility of further survival of the indigenous Rusyn people (without Autonomy) within Ukraine with its own national ethnic identity;

2. That all decisions and actions of the Ukrainian authorities for 17 years are aimed at ethno-destruction and discrimination, which have signs of genocide of the Rusyn people on their historical land;

3. That the 1st ECPR of June 7, 2008 was compelled to decide to restore the right of the status of a subject of international law of the sovereign Sub-Carpathian people of December 21, 1918 and September 10, 1919, as well as the status of the Republic of Subcarpathian Rus of November 22, 1938. having the force of law until today;

4. That Ukraine was not and is not the legal successor of the USSR, and the governments of the European Union, the Czech Republic, Hungary, the Russian Federation and other countries neighboring us, were notified by the decision of the 1st ECPR about the legitimate and peaceful intentions of the Subcarpathian Rusyns, united in an official legitimate nationwide forum - European Congress of Subcarpathian Rusyns from June 7, 2008;

5. That the Ukrainian authorities, instead of a democratic solution to the Rusyn question, and even after the UN directive (CERD/C/SR.1785), of August 17, 2006, “on discrimination by the Ukrainian authorities of people of the Rusyn nationality”, and after the critical remarks of American dignitaries, and after the decisions of 1 ECPR, they provocatively continue to accuse the Rusyns of the notorious “encroachment on the territorial integrity of Ukraine” (when in reality, there is a fact of Ukraine’s encroachment on the national “territory of the Rusyns south of the Carpathians”, grossly ignoring the will of the indigenous (state-forming) people in a referendum December 1, 1991);

6. That the Carpathian Rusyns, Hungarians and other peoples, having survived the Soviet occupation from 1945 to 1991, and the deployment of Soviet military facilities in the region, which destroyed the environment and limited the movement of Rusyns along the meadows (alpine meadows in the Carpathians), declared the national territory of the Rusyns to the south from the Carpathians - a demilitarized zone;

7. That the Subcarpathian Rusyns, like the Hungarians and other indigenous nationalities, have been suffering for 17 years now the excesses of the Ukrainian authorities, destroying the habitat of the Rusyns, Hungarians, etc., creating a quiet deportation of the indigenous people under the guise of expelling people to work abroad. And during this period, Ukraine caused damage to the territory of the Rusyns south of the Carpathians, according to an expert assessment approved by the SOIM PR, more than $ 20 billion;

8. That the Ukrainian authorities decided to save their economic miscalculations and the catastrophic situation in the country by taking large loans from the IMF and foreign banks on the security of, among other things, Podkarpatorusyn lands, real estate, subsoil, etc.;

9. That the Ukrainian authorities, by introducing and illegally legalizing through the courts, “in the name of Ukraine”, a huge number of illegal migrants (which is already clearly threatening the Hungarian community in Subcarpathian Rus), forcibly change the proportional ethnic composition of the Rusyn population in Subcarpathian Rus in a short period of time , creating a humanitarian catastrophe for both the Rusyns and the Hungarians and other indigenous nationalities of the region;

10. That the Ukrainian authorities for 17 years have indicated their complete inability to solve the Rusyn problem, the problem with illegal immigrants, with the illegal sale of entire meadows and plots of national land, with the cutting down of primary forests and urban green areas, and at the same time massively planting personnel in regional courts, law enforcement structures and governing bodies of local self-government are not from local Rusyns and Hungarians, which is “consistent” with the criminal Ukrainian state “Action Plan ...” of 1996.

11. That Ruthenian organizations declared officially and publicly about the illegality and illegitimacy of all decisions of the Soym of Subcarpathian Rus of March 15, 1939 due to the occupation of Czechoslovakia on the same day by Germany (which included the federal republic of Subcarpathian Rus) and the forced introduction of Hungarian troops into the territory of the Rusyn Republic because of the danger of ethnic cleansing by the Sich against the Rusyns and Hungarians; That then an illegal decision was made to change the name of the Ruthenian state with the constitutional name "Podkarpatska Rus" to "Carpathian Ukraine", and change the state Rusyn language of the republic into the language of the northern neighbor for the Ruthenians - Polish Galicia, Galician-Ukrainian, moreover, in wartime and without a popular plebiscite. The 1941 census in Subcarpathian Rus showed the presence in the region of over 500,000 Rusyns and only a few hundred Ukrainian emigrants.

12. That the Stalinist Fierlinger-Molotov pact of June 29, 1945 is not legitimate, since authorized representatives of the sovereign Ruthenian people did not take part in it. And the separation from Czechoslovakia and the transfer of the republic "Podkarpatska Rus" to the USSR with an even greater illegal act of lowering its status by the Supreme Soviet of the USSR - from the republic to an ordinary Soviet (Transcarpathian) region of the Ukrainian SSR, were obviously illegal;

13. That all subsequent acts of the USSR, the Ukrainian SSR and "Independent Ukraine" on the territory of the Rusyns south of the Carpathians after 1991 did not have and do not have legal force, because they are lower than international treaties on the status of the Republic of "Podkarpatska Rus";

14. That the state Ukrainian "Action Plan ..." of 1996, as well as the criminal "agreement" of Ukraine of 2008 "On readmission" on the ethno-destruction of the Rusyn nationality, are documented and existing acts of ethnocide, discrimination, having all the signs of the genocide of Rusyns ;

15. That in response to the threats of Galician nationalist terrorists to blow up the Druzhba oil pipeline and gas pipelines, the Rusyns, who have become guarantors of unhindered transit, agree to the deployment of rapid reaction forces from Europe and the Russian Federation to protect transit capacities on the territory of the Rusyns south of the Carpathians;

16. That the SBU provocatively opened criminal case No. 499 against the leaders of the Rusyn movement, without serious grounds for this, but at the same time, both directly and indirectly, also participates in discrimination against the Rusyn people, which has signs of genocide;

The deputies of the 2nd EKPR unanimously adopted the Act of the Proclamation of the Restoration of Rusyn Statehood:

I. Driven by the legitimate interests of the sovereign Rusyn people, the Second European Congress of the Subcarpathian Rusyns adopted and approved on October 25, 2008, the ACT OF PROCLAMATION of the restoration of Rusyn statehood in the status of 22.11.1938, according to the state executive power lists: 25 from NRRZ and 25 from Soima PR)! This corresponds to the will of our people at the referendum on December 1, 1991: "Transcarpathia is a special self-governing territory and as a subject (of international law) as part of Ukraine." But the authorities of Ukraine criminally ignored the will of our people, forcing them to make this decision in order to preserve themselves.

The 2nd ECPR proclaimed the restoration of the Rusyn statehood in the status of the Republic of "Podkarpatska Rus", however, the Rusyns take into account the political and economic crisis in the state and Europe. Therefore, this judgment of the 2nd ECPR shall enter into force immediately under any of the following conditions:

1. Further refusal of the authorities of Ukraine to sit down at the negotiating table with representatives of the Ruthenian people and formalize the legal appropriate constitutional conditions for the stay of the Republic of "Podkarpatska Rus" as part of Ukraine after December 1, 1991, or in the event of the refusal of the Transcarpathian Regional Council on December 1, 2008 to finally proclaim , after a 17-year delay, the status of the region, according to the fundamental referendum for the Rusyns on December 1, 1991;

2. Introduction by Ukraine of a state of emergency on the territory of the Rusyns south of the Carpathians;

3. Any persecution, repression, attempts of territorial and administrative changes in the territory of the Rusyns south of the Carpathians, designated by the Trianon Treaty of 1920, threats of physical destruction of the Rusyns by the Ukrainian authorities, special services and terrorist organizations, or the beginning of any occupational actions by nationalist terrorist organizations directed against the Rusyn statehood;

The documents presented by the ECPR in the Package on the Act of Proclamation of the Restoration of the Rusyn Statehood confirm that the Rusyn people, in accordance with the decision of international treaties, are a sovereign people with their own statehood and national “Rusyn territory south of the Carpathians”, state attributes (anthem, flag, coat of arms, Constitution PR of November 22, 1938) has never been legally deprived by anyone of the status of a subject of international law.

On October 25, 2008, representatives of the Rusyn people, with their declaration of their actual legal capacity, had a legal right and duty to their ancestors and descendants to restore the status of the Republic of Subcarpathian Rus in accordance with international law, the Declaration on the Rights and Duties of Individuals, Groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms” (RESOLUTION A / RES / 53/144, ADOPTED BY THE UN GENERAL ASSEMBLY on December 9, 1998) and “UN Declaration on the Rights of Indigenous Peoples” A / 61 / L.67 dated September 7, 2007

This status is confirmed by the following documents:

1. Law of Hungary No. 10 of December 21, 1918 on the creation of a broad autonomy for the Rusyn nation living in Hungary with the constitutional name "Ruska Krajna" - the Rusyn State.

(2008 marks the 90th anniversary of the peaceful recognition by the Hungarian parliament of the autonomous status of the territory of the Rusyns and the Rusyn people, and the 70th anniversary of the status of a federal republic).

2. The Saint-Germain Peace Treaty of September 10, 1919 (on the withdrawal of the autonomous territory of the Ruthenians “Ruska Krajna” from Hungary) and its free entry into Czechoslovakia also on the same rights, but already with the broadest autonomy, with constitutional the name "Podcarpathian Rus", with the right to have a national Rusyn government, Rusyn national schools, political parties, Rusyn citizenship, the right to dispose of mineral resources on the national Rusyn territory, etc.

3. The Trianon Peace Treaty of 1920 (as part of the Treaty of Versailles) recognized the borders of Subcarpathian Rus with neighboring countries: Hungary, Poland, Romania, Slovakia.

4. The Constitutional Law of the Czechoslovakia of November 22, 1938, by which "Podkarpatska Rus" and Slovakia acquired the same status of federal republics within the Czechoslovak Federation.

Today the Slovak Republic is an independent state.

5. The results of the Transcarpathian regional (regional) referendum on December 1, 1991, with the condition that Transcarpathia-Podkarpattia Rus' enter the new state of Ukraine only on the basis of the pre-war 1938 status of a republic: "Transcarpathia (the constitutional name" Subcarpathian Rus ") is a special self-governing territory and as subject (of international law) as part of Ukraine and is not included in any other administrative-territorial formations”.

6. Decision of the Transcarpathian Regional Council (as a regional parliament) of March 7, 2007: Recognize the existence (presence) of the people of Ruthenian nationality on the territory of the region, as the legal owner of this national “Rusyn territory south of the Carpathians” since 1918 and as actually capable subject of international law.

 7. Declaration of SOIMA PR dated December 15, 2007: “1. In accordance with international law and the will of the people, expressed in a referendum on December 1, 1991, we demand the re-establishment of a self-governing administrative-national territory with the constitutional name "Podkarpackie Rus" under the international control of the EU and the Russian Federation."

8. Decision of the Forum of the Rusyn community in Mukachevo on April 7, 2008: “The central authorities to realize the will of Transcarpathian-Rusyns, expressed at the referendum on December 1, 1991, and grant our region the legal status of a special self-governing territory, as a subject within Ukraine”;

9. Decision of the 1st European Congress of Subcarpathian Rusyns of June 7, 2008: “1. Recognize the right to restore the status of the Rusyn people of Transcarpathia-Podcarpathian Rus as a self-determined nation (in 1918) and a subject of international law since 1919, as well as its legitimate interests as a capable entity in the “Rusyn territory south of the Carpathians”, which is part of the composition of Ukraine since 1991 is only nominally (through the fault of the latter).

10. Decision of the SOMA PR of June 21, 2008 on the Constitution of the PR; Item 2.: “Confirm all the attributes of the statehood of Subcarpathian Rus: a) Coat of arms; b) Flag; c) Anthem of Subcarpathian Rus; d). Constitution of the PR (November 22, 1938)”.

11.Decision of the international conference "The rights of the indigenous people in the context of the realities of the political rights of the Subcarpathian Rusyns". (Svalyava, August 9, 2008) and the decision of the Soym PR of August 9, 2008: “The sovereign indigenous people of the Rusyn region in the “territory of the Rusyns south of the Carpathians: has, de jure, an inalienable right to territory, land, forests, waters and the subsoil of their historical habitat and compact residence, within the boundaries defined by the Saint-Germain (1919) and Trianon (1920) peace treaties; and declares that any decisions related to land, its subsoil, forests, water resources, with existing transit main product pipelines, transit power lines, the placement of various objects, including military ones, cannot enter into force and be legitimate, without the participation of plenipotentiary representatives of the Rusyn people of the PR in their adoption.

The 2nd European Congress of Subcarpathian Rusyns announces:

1. Gratitude to the interim Government of Subcarpathian Rus and members of the government who suffered persecution and repression from the Ukrainian authorities and special services, as Rusyns Chori Yu.S., Kampov Yu., and other Rusyns suffered in the Soviet period. 2. E. E. Zhupana, L. V. Letsovicha, I. M. Turyanitsa, Yu. Orthodox), Fr. Stefana Syuch (Greek Catholic), Onisko A.D. honorary citizens of Subcarpathian Rus with the award of the corresponding Legitimations!

Memorandum was signed by 109 delegates and about 200 guests of the ECPR

(Copies of 300 signatures are attached).

No. 5/1 dated 

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