The Verkhovna Rada of the Autonomous Republic of Crimea, adopting a resolution on March 6, 2014 № 1702-6/14 «About the Crimean average referendum" violated the constitutional principle of the territorial integrity of Ukraine and moved beyond its powers established by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea approved by Law of Ukraine № 350-XIV on December 23, 1998, the Law of Ukraine «Оn the Verkhovna Rada of the Autonomous Republic of Crimea» dated 10 February, 1998, № 90/98-BP and other legal acts.

The fact of the violation was clearly established by the Constitutional Court of Ukraine, which by its Decision on March, 14 2014 № 2-rp/2014 in the case on the all-Crimean referendum in the Autonomous Republic of Crimea (case № 1-13/2014), pointed out that «the Resolution does not comply with Articles 1, 2, 5, 8, paragraph 2 of Article 19, Article 73, paragraph 3 of Article 85, paragraphs 13, 18, paragraph 20 of Article 92, Articles 132, 133, 134, 135, 137, 138 of the Constitution of Ukraine». Having stated the above mentioned the Constitutional Court of Ukraine declared that the Resolution of the Verkhovna Rada of the Autonomous Republic of Crimea № 1702-6/14 “On holding of the all-Crimean referendum” dated March 6, 2014, is unconstitutional and considers null and void.

Due to this decision of the Constitutional Court of Ukraine, on March 15, 2014 the Verkhovna Rada of Ukraine adopted the Resolution № 891-VII, by which early terminated authorities of the Verkhovna Rada of the Autonomous Republic of Crimea, consequently the latter has lost any legitimacy.

Despite lawful acts of Ukraine as territorial sovereign, under the jurisdiction of which is the Autonomous Republic of Crimea, Crimean self-proclaimed authorities on March 16, 2014 held a plebiscite, which violates not only the current legislation of Ukraine, but also the fundamental norms of the international law which were embodied in the UN Charter, Statute of the Council of Europe, the CSCE Final Act 1975 and other concluding documents of the CSCE/OSCE, the agreement «On creation of the Commonwealth of Independent States» 1991 and etc.

Numerous evidence, including photos and video materials, testimonies of the eyewitness, including those of the citizens of the foreign countries, proved that the conditions of this so-called "referendum" did not comply with democratic standards on holding referenda elaborated within the framework of the OSCE and the Council of Europe and constituting an integral part of the principles and values of international organizations.

Serious reservations about the free declaration of will of the population of this region of Ukraine is caused by the fact that since February 26, 2014 it was de facto under occupation by military units of the Armed Forces of the Russian Federation. The presence of the Russian military and paramilitary formations on the territory of Crimea, outside their places of permanent deployment, provided by the Agreement between Ukraine and the Russian Federation on the Status and Conditions of Presence of the Black Sea Fleet of the Russian Federation in the Territory of Ukraine dated May 28, 1997and other related bilateral agreements, completely undermined the democratic holding of the electoral process.

Based on the results of the pseudo-democratic “expression of will” the Verkhovna Rada of the Autonomous Republic of Crimea, the powers of which were terminated in a constitutional manner, issued a decree on 17 March 2014, where it “proclaimed Crimea as an independent sovereign State, in which the city of Sevastopol has a particular status” and addressed the UN with the request to recognize this “independent state, created by the peoples of Crimea”.

Taking into account that the independence of Crimea was proclaimed by an illegitimate organ as a result of the unconstitutional referendum, carried out with blatant violations of common European norms and standards of holding referenda, the Ministry of Foreign Affairs of Ukraine addresses the Embassies of Foreign States and Representations of International Organizations in Ukraine with a strong demand to refrain from international recognition of the Republic of Crimea.

The Ministry of Foreign Affairs of Ukraine underlines that in modern international law the obligation of states not to recognize self-proclaimed state-like formations or any situation related to their existence if they are result of the illegitimate use of force is commonly accepted. Opinio juris on this issue was expressed many times in conventional and declarative international instruments, in the practice of states, in case-law of jurisdictional and arbitrage bodies.

Thus, the «Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations» of 1970 stated that “No territorial acquisition resulting from the threat or use of force shall be recognized as legal”.

The draft of Declaration of rights and obligations of states, approved by the International Law Commission in 1949 (annexed to the Resolution of the UN General Assembly No.375(IV) embodied the obligation of states “to refrain from the recognition of any territorial acquisition of other state”, acting by “the threat or use of force against territorial inviolability or political independence of other state…”

In Opinion No.10 of the International Arbitrage Commission dated 4 July 1992, created within the framework of the peaceful conference of Yugoslavia it was pointed out that the recognition is a discretion act “with the reservation that it has to be consistent with the imperative norms of international law, including those prohibiting the use of force in the relations with other states...”

The proclamation of independence of the Republic of Crimea is a direct result of use of force and threat of force by the Russian Federation against Ukrainian State. This, taking into account the status of Russia as a nuclear state, has particularly dangerous character for territorial integrity and independence of Ukraine as well as for general international peace and security. The military occupation of the Autonomous Republic of Crimea by the units of the Armed Forces of the Russian Federation two weeks before the plebiscite was a manifestation of use of force and threat of use of force against Ukraine. Therefore, based on the customary norm of international law members of the international community had the obligation not to recognize the Republic of Crimea as an international legal entity, including not to recognize any situation, agreement or treaty that can be created or achieved in its respect.

The Ministry of Foreign Affairs of Ukraine underlines that the violation of this obligation, which means the recognition of the Republic of Crimea, the proclamation of which is deprived of constitutional and international legal grounds, will mean that those who will recognize it, in their turn, will accomplish an illegal international act by violating the norms of international law and commonly accepted principles of co-existence of states.