Jan 012015
 

“Nagorno-Karabagh: Legal Aspects”

Legal-Aspects-CoverMIA Publishers, Fifth Edition, Moscow 2015
By Shahen Avakian
The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh.

The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law.

This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish.

FILE: Shahen AVAKIAN “Nagorno-Karabagh: Legal Aspects” Fifth Edition, Moscow 2015
Continue reading »

Jan 061992
 

Considering the intrinsic right of nations to self-determination and being guided by the free will of the people of the Nagorno Karabagh Republic expressed at the Republican referendum on December 10, 1991;

Realizing responsibility for the destiny of the historical Motherland;

Being committed to the principles of the September 2, 1991 Declaration On Proclamation of the Nagorno Karabagh Republic;

Striving to normalize relations between the Armenian and Azerbaijani peoples;

Wishing to defend the population of the Nagorno Karabagh Republic from external attacks and physical extermination;

Developing free and democratic self-government experience that Nagorno Karabagh had in 1918-1920

Expressing readiness to establish equal and mutually beneficial relations with all states and commonwealth of states;

Respecting and being guided by the principles of the Universal Declaration on Human Rights, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, the Concluding Document of the Vienna Meeting of the Conference on Security and Cooperation in Europe and other universally recognized norms of international law;

The Supreme Council of the Nagorno Karabagh Republic asseverates the proclaimed independent statehood of the NKR

The Nagorno Karabagh Republic is an independent state that has its national flag, emblem and anthem. The Constitution and laws of the Nagorno Karabagh Republic as well as international legal documents regulating human rights and freedoms prevail on the whole territory of the Republic.

The bearer of sovereignty and the sole source of power in the Nagorno Karabagh are the people of the Republic who exercise their power and will through nationwide referenda or representative organs.

All the inhabitants of the Nagorno Karabagh Republic are citizens of the Nagorno Karabagh Republic. Double citizenship is allowed in the Nagorno Karabagh Republic. The citizens of the Nagorno Karabagh Republic are under the protection of the Republic. The Nagorno Karabagh Republic ensures rights and freedoms of its citizens irrespective of nationality, race and religion.

To protect and secure its citizens the Nagorno Karabagh Republic forms armed forces as well as forces protecting public order and state security. These forces are under the control of the leadership of the Republic. The citizens of the Nagorno Karabagh Republic do military service in the territory of the NKR. Citizens of the Nagorno Karabagh Republic can do military service in other countries and in the armed forces of foreign states stationed within the territory of the Nagorno Karabagh Republic in accordance with interstate treaties and agreements.

Being the subject if international law, the Nagorno Karabagh Republic conducts independent foreign policy, establishes direct relations with other states, partakes in the activities of international organizations.

The land, water and air space, natural, material and spiritual wealth belong to the people of the Nagorno Karabagh Republic. The procedure of utilization and ownership this wealth are regulated by laws of the Nagorno Karabagh Republic.

The basis of the NKR’s economy is the equality of all forms of property as well as equal opportunities for all the citizens of the Nagorno Karabagh Republic for full and free participation in economic life.

The Nagorno Karabagh Republic recognizes the supremacy of human rights, guarantees freedom of speech and conscience, political and public activity as well as all civil rights recognized by the international community. National minorities are under the protection of the state. The state structure of the Nagorno Karabagh Republic provides all possibilities for the full participation of national minorities in political, economic and spiritual life of the Republic. Any sorts of discrimination based on nationality, race or religion is prohibited by law
The Armenian language is the state language of the NKR. The Nagorno Karabagh Republic recognizes the right of national minorities to use their languages without any limitations in economic, cultural and educational spheres.

The Declaration on Proclamation of the Nagorno Karabagh Republic and the Universal Declaration on Human Rights will serve as the basis for the Constitution and legislation of the Nagorno Karabagh Republic.

Stepanakert
January 6, 1992.


Source: Official website of the President of the Nagorno Karabagh Republic

Dec 101991
 

On September 10, 1991, a group of independent observers arrived in the Nagorno Karabakh Republic for observing the course of the referendum on the status of the Nagorno Karabakh Republic.

The observers worked in the town of Stepanakert, the Askeran, Hadrut, Martakert, Martuni, and Shahumian regions. The observers visited over 30 polling stations and observed the process of votes’ calculation.

The independent observers state that:

The preparation, conduction, and summing-up of the referendum were carried out in accordance with the “Temporary Provision on the Conduction of a Referendum in the Nagorno Karabakh Republic”. 81 polling districts were created in the NKR territory. The districts list and the addresses of the electoral commissions were published in “Soviet Karabakh” newspaper. The voters’ list comprised 132.328 citizens eligible to vote.

The question of the referendum was formulated as follows: “Do you accept that the proclaimed Nagorno Karabakh Republic be an independent state independently determining the forms of cooperation with other states and communities?” Continue reading »

Sep 021991
 

Joint session of the Nagorno Karabakh Oblast and Shahoumian regional councils of people’s deputies with the participation of deputies of councils of all levels

Expressing the will of people, in fact, fixed by a referendum and in the decisions of the NKAO and Shahoumian regional authorities in 1988-1991, its strive for freedom, independence, equality and good neighbourly relations;

ascertaining proclamation by the Azerbaijani Republic of the “restoration of 1918-1920 state independence”;

taking into consideration that the policy of apartheid and discrimination pursued in Azerbaijan created an atmosphere of hatred and intolerance in the Republic towards the Armenian people, which led to armed conflict, human victims, mass deportation of the population from peaceful Armenian villages;

being guided by the USSR acting Constitution and laws giving the population of autonomous units and compactly living ethnic groups the right to decide independently the issue of their state-legal status in case of a Soviet Republic’s secession from the USSR;

considering the Armenian people’s strive for unification natural and in line with the norms of international law;

striving for restoration of good neighbourly relations between Armenian and Azerbaijani peoples, based on mutual respect of each other’s rights;

taking into consideration the complexity and contradictoriness of the situation in the state, uncertainty of the Union’s future, Union’s structures of authority and governance;

respecting and following the principles of General Declaration on Human Rights and International Pact on Economic, Social and Cultural Rights, International Pact on Civil, Political and Cultural Rights and with hope for international community’s understanding and support,

PROCLAIMS:

THE NAGORNO KARABAKH REPUBLIC WITHIN THE BORDERS OF THE CURRENT NAGORNO KARABAKH AUTONOMOUS OBLAST AND NEIGHBORING SHAHOUMIAN REGION. (Abr. NKR)

The Nagorno Karabakh Republic enjoys the authorities given to Republics by the USSR Constitution and legislation and reserves the right to decide independently the issue of its state-legal status based on political consultations and negotiations with the leadership of Union and Republics.

The USSR Constitution and legislation, as well as other laws currently in force, which do not contradict the goals and principles of this Declaration and peculiarities of the Republic apply on the territory of the Nagorno Karabakh Republic, until the NKR Constitution and laws are adopted.

Joint Session of the Nagorno Karabakh Oblast 
and Shahumian regional councils of people’s deputies
with the participation of deputies of councils of all levels

September 2, 1991


Source: Ministry of Foreign Affairs of the Nagorno-Karabakh Republic

Apr 031990
 

UNION OF SOVIET SOCIALIST REPUBLICS
LAW
CONCERNING THE PROCEDURE OF SECESSION OF A SOVIET REPUBLIC FROM THE USSR

 

Article 1.
The procedure of secession of a Soviet Republic from the USSR is conducted in accordance with the Article 72 of the Constitution of the USSR under the present Law. Continue reading »

Feb 201988
 

DECISION OF THE SPECIAL SESSION OF THE NKAO COUNCIL OF PEOPLES DEPUTIES OF XX SESSION

“ON A PETITION TO THE SUPREME COUNCILS OF AZERBAIJANI SSR AND ARMENIAN SSR ON THE NKAO’s SECESSION FROM SOVIET AZERBAIJAN AND ITS TRANSFER TO SOVIET ARMENIA”

February 20, 1988

After hearings and debates on a petition to the Supreme Councils of the Azerbaijani SSR and Armenian SSR on the secession of the Nagorno Karabakh Autonomous Oblast from Soviet Azerbaijan and its transfer to Soviet Armenia, the special session of Nagorno Karabakh Autonomous Oblast Regional Council of Peoples Deputies have
decided:

Meeting the requests of the NKAO workers, to appeal to the Supreme Councils of Azerbaijani SSR and Armenian SSR to show a profound understanding of the expectations of the Armenian population of Nagorno Karabakh and to resolve the issue of NKAO’s secession from Azerbaijani SSR and its transfer to Armenian SSR and at the same time to submit a petition to the Supreme Council of the USSR on a positive resolution of the issue on NKAO’s secession from Azerbaijani SSR and its transfer to Armenian SSR.


Source: Ministry of Foreign Affairs of the Nagorno-Karabakh Republic