On the Restoration of Independence of the Republic of Latvia
Encyclopedia
The Declaration "On the Restoration of Independence of the Republic of Latvia" was adopted on 4 May 1990, by the Supreme Soviet of the Latvian SSR
. The Declaration stated that, although Latvia had de facto
lost its independence in 1940, when it was annexed by the Soviet Union
, the country had de jure
remained a sovereign country as the annexation had been unconstitutional and against the will of the people of Latvia
. Therefore it resolved that the Molotov-Ribbentrop Pact
and the Soviet occupation of Latvia in 1940
were illegal, and annulled the declaration on the accession of Latvia to the Soviet Union of 21 July 1940, re-instituted the Constitution of Latvia
of 1922, which was thereupon partly suspended, and set a period of transition to de facto independence, which would end upon the first session of Saeima
. It also ruled that during the transitional period the Constitution of the Latvian SSR and other laws would remain applicable as long as they did not contradict articles 1, 2, 3, and 6 of the Constitution of Latvia, which were reinforced by the declaration. It was provided that a committee to elaborate a new edition of the Constitution of Latvia
should be created. Social, economic, cultural and political rights were granted to citizens and residents of Latvia in accordance with international human rights
. The declaration also stated that Latvia would form its relationship with the Soviet Union on the basis of the Latvian–Soviet Peace Treaty of 1920, in which the Soviet Union had recognized the independence of Latvia as inviolable "for all future time". The 4th of May is a national holiday
in Latvia.
in 1921. The first country to recognize the independence of Latvia de jure was Soviet Russia
on 11 August 1920, when the Soviet-Latvian Peace treaty was signed (it is generally considered that the independence of Latvia de jure was internationally recognized on 26 January 1921, when it was recognized by the Allies of World War I
). The declaration notes that in April 1920 the Latvian nation followed the principle of self-determination
by electing a Constitutional Assembly of Latvia
, which adopted the Constitution of Latvia
on 15 February 1922, in general, equal and direct elections, based on proportional representation
.
On 23 August 1939, the Soviet Union and Nazi Germany
signed the Molotov-Ribbentrop Pact
, which included a secret protocol dividing Eastern Europe
into spheres of influence
. Latvia was apportioned to the Soviet sphere and on 5 October 1939, signed a mutual assistance pact. On 16 June 1940, the Soviet Union issued an ultimatum
to Latvia accusing it of not carrying out the treaty, namely of forming a military alliance against the USSR
, and requested a new government to be formed and to guarantee Soviet military free entrance in Latvia. The Latvian government decided to give in to the ultimatum and on 17 June 1940, Soviet forces entered Latvia. The Declaration states that the Soviet ultimatum and military aggression on 17 June 1940, should be viewed as an international crime, which led to the occupation of Latvia and loss of its sovereignty and points out that the new government was formed as dictated by the Soviet Union and by international law
should not be viewed as executive of Latvia as it represented Soviet, not Latvian, interests.
On 14-15 July 1940 a parliament called the "People's Saeima of Latvia" was elected, which on 21 July 1940, declared accession to the Soviet Union. The declaration states that the election of the People's Saeima took place on the basis of unconstitutional and illegally adopted election law in a state of political terror and notes that out of 17 lists submitted for the election only one was allowed to participate in the election, which had not stated prior to the election that Soviet power should be established in Latvia and it should join the Soviet Union and that results of the election were falsified. The declaration observes that the People's Saeima was formed by misleading the people and therefore did not express the sovereign will of people of Latvia. It also notes that the People's Saeima had no right to change the political system
in Latvia and liquidate its sovereignty as only the people have such right and the issue was never submitted to a national referendum. Therefore the Declaration rules that, in accordance with international law
, the annexation of Latvia
to the Soviet Union was not valid and the Republic of Latvia is still de jure subject to international law as recognized by more than 50 countries.
1. To recognize the priority of international laws over national laws. To hold to be illegitimate the treaty between the USSR and Germany of 23 August 1939, and the consequent liquidation of independence of Latvia resulting from Soviet military aggression on 17 June 1940.
2. To proclaim the declaration "On accession of Latvia to Soviet Union" of 21 July 1940, to be void from the moment of adoption.
3. To re-establish the authority of the Constitution of Latvia
. The official name of the state of Latvia is the Republic of Latvia, in short Latvia.
4. To suspend the Constitution of Latvia until a new edition is adopted, except for the articles, which in accordance with the 77 article of the Constitution can only be amended if submitted to a national referendum:
Article 6 shall be applied when the governmental institutions of independent Latvia have been restored, which grant free elections.
5. To set a period of transition to de facto independence until the first session of the new Saeima. During the transitional period the highest power of the state shall be the Supreme Council of the Republic of Latvia
.
6. During the transitional period the Constitution of the Latvian SSR and other laws of the Latvian SSR in force at the time when the declaration was made may be applicable as long as they do not contradict articles 1, 2, 3, and 6 of the Constitution of Latvia. Disputes over the applicability of laws shall be resolved by the Constitutional Court. During the transitional period laws shall be made or amended only by the Supreme Council.
7. To constitute a committee, which will elaborate a new edition of the Constitution of Latvia, suitable to the current political, economic and social state of Latvia.
8. In accordance with international human rights
, to grant social, economic and cultural rights, as well as political freedoms, to the citizens of Latvia and other countries, who reside in the territory of Latvia. This shall fully apply to those citizens of the Soviet Union who chose to reside in Latvia without its citizenship.
9. To build Latvian-Soviet relationships upon the Latvian-Soviet peace treaty of 11 August 1920, in which the Soviet Union recognizes eternal independence for Latvia and which is still in force. To constitute a committee for negotiations with USSR.
resolved that it was unconstitutional, contained notable contradictions and historical inaccuracies, and noted that such issues should be decided by referendum. The Communist Party deemed that the declaration might trigger the President of the Soviet Union
to take countermeasures, therefore the party should launch a propaganda campaign against the declaration and ask the President of the Soviet Union to annul the declaration of the Supreme Soviet. On 14 May 1990, the President of the Soviet Union Mikhail Gorbachev
issued a decree stating that the declaration violated the Constitution of the Soviet Union
and the Constitution of the Latvian SSR and thus stood void from the moment of adoption. The Supreme Council answered that the Constitution of the Soviet Union did not grant the president the right to annul acts adopted by Supreme Soviets of Soviet republics. Furthermore the Supreme Council announced that the Supreme Soviet, as the legal successor of the People's Saeima, had the right to annul its decisions which contradicted the Constitution of Latvia
which was in force at the time these decisions were made and as the Constitution of the Soviet Union
ruled that the Soviet Union was founded upon principles of self-determination
, but Latvia was forcibly annexed, reference to it had no juridical basis regarding the Latvian SSR. It also noted that the law of the Soviet Union regarding secession from the Soviet Union to which the decree also referred was not in force in the territory of the Latvian SSR as the Supreme Soviet had not ratified it and that the law contradicted the Constitution of the Soviet Union and the Constitution of Latvian SSR, which provided that Soviet republics can freely secede from the Soviet Union. It was stated that the call for a referendum on secession from the Soviet Union to take place has neither a legal or a political basis, because Latvia had been annexed by the Soviet Union without holding a referendum, which was required by the Constitution of Latvia and Latvia was not seceding from the Soviet Union, but restoring its independence. It was noted that the Constitution of the Latvian SSR did not call for a referendum as it had been stated in the decree, but recommended two alternatives - either a referendum or a public debate which had de facto taken place as it had been discussed in the press and several public opinion polls had taken place showing that a majority of the public supported independence. Similarly in the All-Latvian congress of people deputies of 21 April 1990, 8003 had voted for restoration of independence and the declaration had been adopted by a vote of two thirds of members of the Supreme Soviet which was required for constitutional amendments. Furthermore, the Supreme Council referred to the result of elections of Supreme Soviet as a clear indicator of public opinion that supporters of independence had won the election. The Supreme Council stated that by 28 May 1990, it had received letters and telegrams from 646,726 residents of the Republic supporting the declaration and only 8,993 people had expressed opposition. Given these provisions, the Supreme Council stated that the Declaration was legitimate and in force.
Supreme Council of the Republic of Latvia
Supreme Council of the Republic of Latvia was the transitional parliament of Latvia from 1990 to 1993, after the restoration of independence. The Supreme Council was elected on 1990 as the Supreme Soviet of the Latvian SSR. On 1990 it declared the restoration of independence of Latvia and began a...
. The Declaration stated that, although Latvia had de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
lost its independence in 1940, when it was annexed by the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, the country had de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
remained a sovereign country as the annexation had been unconstitutional and against the will of the people of Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
. Therefore it resolved that the Molotov-Ribbentrop Pact
Molotov-Ribbentrop Pact
The Molotov–Ribbentrop Pact, named after the Soviet foreign minister Vyacheslav Molotov and the German foreign minister Joachim von Ribbentrop, was an agreement officially titled the Treaty of Non-Aggression between Germany and the Soviet Union and signed in Moscow in the late hours of 23 August 1939...
and the Soviet occupation of Latvia in 1940
Soviet occupation of Latvia in 1940
The Soviet occupation of Latvia in 1940 refers, according to the European Court of Human Rights, the Government of Latvia, the State Department of the United States of America, and the European Union, to the military occupation of the Republic of Latvia by the Soviet Union ostensibly under the...
were illegal, and annulled the declaration on the accession of Latvia to the Soviet Union of 21 July 1940, re-instituted the Constitution of Latvia
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
of 1922, which was thereupon partly suspended, and set a period of transition to de facto independence, which would end upon the first session of Saeima
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
. It also ruled that during the transitional period the Constitution of the Latvian SSR and other laws would remain applicable as long as they did not contradict articles 1, 2, 3, and 6 of the Constitution of Latvia, which were reinforced by the declaration. It was provided that a committee to elaborate a new edition of the Constitution of Latvia
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
should be created. Social, economic, cultural and political rights were granted to citizens and residents of Latvia in accordance with international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. The declaration also stated that Latvia would form its relationship with the Soviet Union on the basis of the Latvian–Soviet Peace Treaty of 1920, in which the Soviet Union had recognized the independence of Latvia as inviolable "for all future time". The 4th of May is a national holiday
Public holidays in Latvia
This is a list of holidays in Latvia.-References:*, the Latvian Institute*...
in Latvia.
Historical and juridical background
In its beginning the Declaration establishes several historical facts and on the basis of these facts concludes that the Republic of Latvia de jure is a sovereign country. It observes that the Republic of Latvia proclaimed independence on 18 November 1918, and was internationally recognized in 1920, and that Latvia was admitted to membership in the League of NationsLeague of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
in 1921. The first country to recognize the independence of Latvia de jure was Soviet Russia
Russian Soviet Federative Socialist Republic
The Russian Soviet Federative Socialist Republic , commonly referred to as Soviet Russia, Bolshevik Russia, or simply Russia, was the largest, most populous and economically developed republic in the former Soviet Union....
on 11 August 1920, when the Soviet-Latvian Peace treaty was signed (it is generally considered that the independence of Latvia de jure was internationally recognized on 26 January 1921, when it was recognized by the Allies of World War I
Allies of World War I
The Entente Powers were the countries at war with the Central Powers during World War I. The members of the Triple Entente were the United Kingdom, France, and the Russian Empire; Italy entered the war on their side in 1915...
). The declaration notes that in April 1920 the Latvian nation followed the principle of self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
by electing a Constitutional Assembly of Latvia
Constitutional Assembly of Latvia
Constitutional Assembly of Latvia was Latvia's first elected legislative body. It's main task was creating the constitution of Latvia - Satversme, which is still in effect to this day. The speaker of Assembly was Jānis Čakste, who later became the first president of Latvia...
, which adopted the Constitution of Latvia
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
on 15 February 1922, in general, equal and direct elections, based on proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
.
On 23 August 1939, the Soviet Union and Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
signed the Molotov-Ribbentrop Pact
Molotov-Ribbentrop Pact
The Molotov–Ribbentrop Pact, named after the Soviet foreign minister Vyacheslav Molotov and the German foreign minister Joachim von Ribbentrop, was an agreement officially titled the Treaty of Non-Aggression between Germany and the Soviet Union and signed in Moscow in the late hours of 23 August 1939...
, which included a secret protocol dividing Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
into spheres of influence
Sphere of influence
In the field of international relations, a sphere of influence is a spatial region or conceptual division over which a state or organization has significant cultural, economic, military or political influence....
. Latvia was apportioned to the Soviet sphere and on 5 October 1939, signed a mutual assistance pact. On 16 June 1940, the Soviet Union issued an ultimatum
Ultimatum
An ultimatum is a demand whose fulfillment is requested in a specified period of time and which is backed up by a threat to be followed through in case of noncompliance. An ultimatum is generally the final demand in a series of requests...
to Latvia accusing it of not carrying out the treaty, namely of forming a military alliance against the USSR
Baltic Entente
The Baltic Entente was based on Treaty of Understanding and Collaboration signed between Lithuania, Latvia, and Estonia on September 12, 1934 in Geneva. The main objective of the agreement was joint action in foreign policy. It also included mutual commitments to support each other politically, and...
, and requested a new government to be formed and to guarantee Soviet military free entrance in Latvia. The Latvian government decided to give in to the ultimatum and on 17 June 1940, Soviet forces entered Latvia. The Declaration states that the Soviet ultimatum and military aggression on 17 June 1940, should be viewed as an international crime, which led to the occupation of Latvia and loss of its sovereignty and points out that the new government was formed as dictated by the Soviet Union and by international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
should not be viewed as executive of Latvia as it represented Soviet, not Latvian, interests.
On 14-15 July 1940 a parliament called the "People's Saeima of Latvia" was elected, which on 21 July 1940, declared accession to the Soviet Union. The declaration states that the election of the People's Saeima took place on the basis of unconstitutional and illegally adopted election law in a state of political terror and notes that out of 17 lists submitted for the election only one was allowed to participate in the election, which had not stated prior to the election that Soviet power should be established in Latvia and it should join the Soviet Union and that results of the election were falsified. The declaration observes that the People's Saeima was formed by misleading the people and therefore did not express the sovereign will of people of Latvia. It also notes that the People's Saeima had no right to change the political system
Political system
A political system is a system of politics and government. It is usually compared to the legal system, economic system, cultural system, and other social systems...
in Latvia and liquidate its sovereignty as only the people have such right and the issue was never submitted to a national referendum. Therefore the Declaration rules that, in accordance with international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, the annexation of Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
to the Soviet Union was not valid and the Republic of Latvia is still de jure subject to international law as recognized by more than 50 countries.
Basis
After concluding that the Republic of Latvia de jure is a sovereign country the Declaration makes note of previously adopted documents and explains that the Supreme Soviet is acting according to the will of inhabitants of Latvia. First it notes two previous declarations of the Supreme Soviet — "On sovereignty of state of Latvia" of 28 July 1989, which declared that the Latvian SSR will act as a sovereign state and that laws adopted by the Soviet Union will come in force in the territory of Latvian SSR only if the Supreme Soviet has ratified them and "In question of independence of Latvia" of 15 February 1990, in which the Supreme Soviet condemns declaration "On accession of Latvia to Soviet Union" of 21 July 1940, however none of these explicitly called for secession from the Soviet Union. Secondly it notes Appeal of All-Latvian congress of people deputies of 21 April 1990, which called for restoration of independence. Then it is stated that the Supreme Soviet is acting in accordance with the will of inhabitants of Latvia, which had been clearly expressed by electing as a majority those deputies, who had stated that they will restore independence of the Republic of Latvia in their reelection programme.Act
After establishing that the Republic of Latvia de jure is a sovereign country and that by the will of its people it should be independent, the Supreme Soviet ruled:1. To recognize the priority of international laws over national laws. To hold to be illegitimate the treaty between the USSR and Germany of 23 August 1939, and the consequent liquidation of independence of Latvia resulting from Soviet military aggression on 17 June 1940.
2. To proclaim the declaration "On accession of Latvia to Soviet Union" of 21 July 1940, to be void from the moment of adoption.
3. To re-establish the authority of the Constitution of Latvia
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
. The official name of the state of Latvia is the Republic of Latvia, in short Latvia.
4. To suspend the Constitution of Latvia until a new edition is adopted, except for the articles, which in accordance with the 77 article of the Constitution can only be amended if submitted to a national referendum:
1. Latvia is an independent democratic republic.
2. The sovereign power of the State of Latvia is vested in the people of Latvia.
3. The territory of the State of Latvia, within the borders established by international agreements, consists of Vidzeme, Latgale, Kurzeme and Zemgale.
6. The Saeima shall be elected in general, equal and direct elections, and by secret ballot based on proportional representation.
Article 6 shall be applied when the governmental institutions of independent Latvia have been restored, which grant free elections.
5. To set a period of transition to de facto independence until the first session of the new Saeima. During the transitional period the highest power of the state shall be the Supreme Council of the Republic of Latvia
Supreme Council of the Republic of Latvia
Supreme Council of the Republic of Latvia was the transitional parliament of Latvia from 1990 to 1993, after the restoration of independence. The Supreme Council was elected on 1990 as the Supreme Soviet of the Latvian SSR. On 1990 it declared the restoration of independence of Latvia and began a...
.
6. During the transitional period the Constitution of the Latvian SSR and other laws of the Latvian SSR in force at the time when the declaration was made may be applicable as long as they do not contradict articles 1, 2, 3, and 6 of the Constitution of Latvia. Disputes over the applicability of laws shall be resolved by the Constitutional Court. During the transitional period laws shall be made or amended only by the Supreme Council.
7. To constitute a committee, which will elaborate a new edition of the Constitution of Latvia, suitable to the current political, economic and social state of Latvia.
8. In accordance with international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, to grant social, economic and cultural rights, as well as political freedoms, to the citizens of Latvia and other countries, who reside in the territory of Latvia. This shall fully apply to those citizens of the Soviet Union who chose to reside in Latvia without its citizenship.
9. To build Latvian-Soviet relationships upon the Latvian-Soviet peace treaty of 11 August 1920, in which the Soviet Union recognizes eternal independence for Latvia and which is still in force. To constitute a committee for negotiations with USSR.
Further developments
On 21 August 1991, after the Soviet coup d'état attempt, the Supreme Council adopted a Constitutional law, "On statehood of the Republic of Latvia", declaring Article 5 of the Declaration to be invalid, thus ending the transitional period and restoring de facto independence. However some elements which defined the transitional period remained in force until the first session of the 5th Saeima on 6 July 1993 - The Supreme Council remained the highest power of the state and the constitution was suspended. On 31 July 1990, the Supreme Council formed a work group of 22 deputies, which had to elaborate a new edition of the Constitution until 1 January 1990, though a new edition was never drafted and the Constitution was restored unamended. The Constitutional Court which was intended to resolve Constitutional disputes during the transitional period was only founded in 1996. To comply with international human rights as indicated in Article 8, the Supreme Council adopted a declaration of human rights immediately after the Declaration of independence.Adoption
The Supreme Soviet was elected on 18 March 1990; it was the first election in Soviet Latvia in which multiple parties were allowed to participate. 201 deputies were elected. The declaration was adopted on 4 May 1990, in an open vote, a majority of two thirds — 132 votes — was required, 138 deputies voted for adoption of the declaration, 1 abstained, while others did not participate in the vote and therefore there were no votes against the declaration.Response
On 4 May 1990, after the declaration was adopted, the Communist Party of LatviaCommunist Party of Latvia
Communist Party of Latvia was a political party in Latvia.- Latvian Social-Democracy prior to 1919 :The party was founded at a congress in June 1904. Initially the party was known as the Latvian Social Democratic Workers' Party . During its second party congress in 1905 it adopted the programme of...
resolved that it was unconstitutional, contained notable contradictions and historical inaccuracies, and noted that such issues should be decided by referendum. The Communist Party deemed that the declaration might trigger the President of the Soviet Union
President of the Soviet Union
The President of the Soviet Union , officially called President of the USSR was the Head of State of the USSR from 15 March 1990 to 25 December 1991. Mikhail Gorbachev was the only person to occupy the office. Gorbachev was also General Secretary of the Communist Party of the Soviet Union between...
to take countermeasures, therefore the party should launch a propaganda campaign against the declaration and ask the President of the Soviet Union to annul the declaration of the Supreme Soviet. On 14 May 1990, the President of the Soviet Union Mikhail Gorbachev
Mikhail Gorbachev
Mikhail Sergeyevich Gorbachev is a former Soviet statesman, having served as General Secretary of the Communist Party of the Soviet Union from 1985 until 1991, and as the last head of state of the USSR, having served from 1988 until its dissolution in 1991...
issued a decree stating that the declaration violated the Constitution of the Soviet Union
Constitution of the Soviet Union
There were three versions of the constitution of the Soviet Union, modeled after the 1918 Constitution established by the Russian Socialist Federative Soviet Republic , the immediate predecessor of the Union of Soviet Socialist Republics....
and the Constitution of the Latvian SSR and thus stood void from the moment of adoption. The Supreme Council answered that the Constitution of the Soviet Union did not grant the president the right to annul acts adopted by Supreme Soviets of Soviet republics. Furthermore the Supreme Council announced that the Supreme Soviet, as the legal successor of the People's Saeima, had the right to annul its decisions which contradicted the Constitution of Latvia
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
which was in force at the time these decisions were made and as the Constitution of the Soviet Union
1977 Soviet Constitution
At the Seventh Session of the Supreme Soviet of the USSR Ninth Convocation on October 7, 1977, the third and last Soviet Constitution, also known as the "Brezhnev Constitution", was unanimously adopted...
ruled that the Soviet Union was founded upon principles of self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
, but Latvia was forcibly annexed, reference to it had no juridical basis regarding the Latvian SSR. It also noted that the law of the Soviet Union regarding secession from the Soviet Union to which the decree also referred was not in force in the territory of the Latvian SSR as the Supreme Soviet had not ratified it and that the law contradicted the Constitution of the Soviet Union and the Constitution of Latvian SSR, which provided that Soviet republics can freely secede from the Soviet Union. It was stated that the call for a referendum on secession from the Soviet Union to take place has neither a legal or a political basis, because Latvia had been annexed by the Soviet Union without holding a referendum, which was required by the Constitution of Latvia and Latvia was not seceding from the Soviet Union, but restoring its independence. It was noted that the Constitution of the Latvian SSR did not call for a referendum as it had been stated in the decree, but recommended two alternatives - either a referendum or a public debate which had de facto taken place as it had been discussed in the press and several public opinion polls had taken place showing that a majority of the public supported independence. Similarly in the All-Latvian congress of people deputies of 21 April 1990, 8003 had voted for restoration of independence and the declaration had been adopted by a vote of two thirds of members of the Supreme Soviet which was required for constitutional amendments. Furthermore, the Supreme Council referred to the result of elections of Supreme Soviet as a clear indicator of public opinion that supporters of independence had won the election. The Supreme Council stated that by 28 May 1990, it had received letters and telegrams from 646,726 residents of the Republic supporting the declaration and only 8,993 people had expressed opposition. Given these provisions, the Supreme Council stated that the Declaration was legitimate and in force.