22.10.2003 # 36

The island of Kosa Tuzla (Tuzla Spit) is located in the Kerch Strait. It was connected by land to the Taman Peninsula, however, in 1925 a scour emerged after a strong storm, and Tuzla became an isle.

In accordance with the Decree of the Presidium of the Supreme Soviet of the Russian Soviet Federal Socialist Republic (RSFSR) dated 7 January 1941, Tuzla Isle was transferred from Temryuk rayon of Krasnodar krai of RSFSR to then Crimean Autonomous Soviet Socialist Republic; Serednya Kosa settlement was administratively and economically subordinated to the Kerch City Soviet of Workers’ Deputies (see “Vedomosti Verkhovnogo Soveta Soyuza Sovetskikh Sotsialisticheskih Respublic” #16(131) dated 19 April 1941, page 4).

In 1972, the line of administrative border was delimited in the Kerch Strait between UkSSR and RSFSR in accordance with the laws of USSR; the status of the line was similar to that of administrative land border. Relevant documents and delimitation maps were duly signed by deputy heads of Crimean oblast and Krasnodar krai.

The line of administrative border, delimited in such a manner, was drawn on all geographic and topographic maps of relevant region published in USSR, including maps of the General Staff of USSR, the Central Directorate of Geodesy and Cartography of the Ministry of Internal Affairs of USSR, atlases etc.

The Atlas of the Ukrainian SSR and Moldavian SSR showed that The island of Kosa Tuzla belonged to Ukraine (The Central Directorate of Geodesy and Cartography of the Ministry of Geology and Protection of Depths of USSR, Moscow, 1962)

The map of the Crimean oblast of UkSSR and Krasnodar krai of RSFSR published in 1969 by the General Staff of the Ministry of Defense of USSR (sheet L-37-98 (Taman) scale 1:100000) marked the border between UkSSR and RSFSR, which was graphically drawn between The island of Kosa Tuzla and Taman Peninsula. The map bore the following inscription “I hereby certify the correctness of graphic drawing of borders of Crimean oblast as of 25 December 1972. V. Semenchuk, Deputy Head of the Executive Committee of Crimean oblast. I hereby certify the correctness of graphic drawing of borders of Krasnodar krai as of 25 December 1972. N. Yeliseev, Deputy Head of the Executive Committee of Krasnodar krai. The inscriptions were stamped by relevant official seals.

“The Ukrainian SSR. Administrative and territorial division” reference book (Kyiv, Politvydav Ukrainy, 1969) indicated (page 223) in “Crimean oblast” section that Serednya Kosa settlement, located on The island of Kosa Tuzla, was subordinated to Kirov Rayon Soviet of the City of Kerch.

“The Ukrainian SSR. Administrative and territorial division as of 1 January 1972” reference book (Kyiv, Politvydav Ukrainy, 1973) indicated (page 257) in “Crimean oblast” section that Serednya Kosa settlement was subordinated to Kirov Rayon Soviet of the City of Kerch.

“The Ukrainian SSR. Administrative and territorial division as of 1 January 1979” reference book (Kyiv, Central Edition of the Ukrainian Soviet Encyclopedia, 1979) indicated (page 504) in “Crimean oblast” section that Serednya Kosa settlement was subordinated to the Soviet of the City of Kerch.

“The Ukrainian SSR. Administrative and territorial division as of 1 January 1987” reference book (Kyiv, Central Edition of the Ukrainian Soviet Encyclopedia, 1987) indicated (page 480) in “Crimean oblast” section that Serednya Kosa settlement was subordinated to the Soviet of the City of Kerch.

The maps of Crimean oblast contained in the “History of Towns and Villages of the Ukrainian SSR. Crimean oblast” (Kyiv, Central Edition of the Ukrainian Soviet Encyclopedia, 1974, pages 9 and 66) showed the demarcation line between UkSSR and RSFSR in Gulf of Kerch (between isle of Tuzla and Taman Peninsula).

“Geographical Encyclopedia of Ukraine (Kyiv, M.P. Bazhan Ukrainian Encyclopedia, 1993) contained the following article (page 310): “Tuzla, Tuzla Spit – a strip of land in the middle of Kerch Strait within the Republic of Crimea. Until 1925 it was connected to Taman Peninsula, during a strong storm it was separated from it by a 4 km-wide scour. The length of spit is 8 km, width is up to 600 m, height above sea level is 1-1.5 m. Composed of turtle sand. Beaches. Connected to Kerch by shuttles.

All the abovementioned legal acts were approved by legitimate public authorities of the two republics and USSR, which had relevant powers in accordance with the laws of USSR; they were promulgated in accordance with established procedure.

The line of Ukrainian-Russian border was repeatedly reaffirmed in several bilateral treaties, starting from the Treaty between UkSSR and RSFSR dated 19 November 1990 (Article 6 of the 1990 Treaty: “The High Contracting Parties recognize and respect territorial integrity of the Ukrainian Soviet Socialist Republic and the Russian Soviet Federal Socialist Republic within the present day borders existing in the USSR”).

Those obligations were further reaffirmed in the Treaty on Further Development of the Interstate Relations dated 23 June 1992 (paragraph 1: “The Parties shall develop their relations as friendly states, and shall immediately initiate drafting of a new full-scale political treaty that would reflect the new quality of relations between them. Pending such treaty, the Parties shall invariably adhere to the provisions of the Treaty between UkSSR and RSFSR dated 19 November 1990 and subsequent Ukrainian-Russian agreements”) and in the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation dated 31 May 1997 (Article 2: “The High Contracting Parties, in accordance with the provisions of UN Charter and obligations under the Final Act of the Conference on Security and Cooperation in Europe, shall respect territorial integrity of each other, and reaffirm the inviolability of the existing borders between them”).

In Article 3 of the 1997 Treaty, Ukraine and the Russian Federation undertook to “develop relations with each other on the basis of principles of mutual respect, sovereign equality, territorial integrity, inviolability of borders…”

The legal status of borders of the Commonwealth of Independent States (CIS) was established by the Treaty on Establishment of the Commonwealth of Independent States dated 8 December 1991, Article 5 of which established that the High Contracting Parties shall recognize and respect territorial integrity of each other and inviolability of existing borders within the Commonwealth.

On 15 April 1994, the Declaration on Adherence to Sovereignty, Territorial Integrity and Inviolability of Borders of CIS States was approved. The document confirmed that the states shall refrain from military, political, economic or any other form of pressure, including blockade, as well as from support and use of separatism against territorial integrity and inviolability, and political independence of any CIS State.

As regards the domestic legal aspect of the said matter, according to the Declaration of State Sovereignty of Ukraine by the Verkhovna Rada of Ukraine, the territory of the Ukrainian SSR within its existing borders shall be inviolable; it cannot be changed and used without its consent.

Besides, on 1 April 1993, the Supreme Soviet of the Russian Federation approved the Law on State Border of the Russian Federation, Article 2 of which indicated that the state border of the Russian Federation shall be the border of RSFSR consolidated by the international treaties in force and by laws of former USSR. The same Law established that in the course of determination and change of traversal of its state border, as well as establishment and maintenance of relations with foreign states at the state border and regulation of legal relations in border regions (waters), the Russian Federation shall be guided by the following principles: mutually beneficial comprehensive cooperation with foreign states, mutual respect of sovereignty, territorial integrity of states and inviolability of state borders, peaceful settlement of border matters.

The Resolution of the Supreme Soviet of the Russian Federation # 4732-1 dated 1 April 1993 on the Procedure of Enactment of the Law on State Border of the Russian Federation stated in Article 2: “Pending conclusion of treaties on traversal of the state border of the Russian Federation with neighboring states – former union republics of USSR, the border with those states shall be granted the status of the State Border of the Russian Federation”.

On 25 December 1998, the Minister for Foreign Affairs of the Russian Federation made the following statement during ratification of the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation by the State Duma (Parliament of Russia): “As you know, Russia has recognized Ukraine’s territorial integrity and inviolability of its borders in the 1990 Treaty. It was reaffirmed in the Treaty on Establishment of the Commonwealth of Independent States in December 1991, as well as in the CIS Charter. Those treaties were ratified by the Duma, and have entered into force. Former administrative border between soviet republics have become international borders in the new realities. That fact is recognized by the whole international community. Ukraine, as an independent and sovereign state, has been recognized by the United Nations, other international organizations and overwhelming majority of states of the world. I repeat: those are today’s realities; not only we may, we must take them into account, because Russia is a permanent member of UN Security Council. Russia is a state that is especially responsible for security and stability in the world. Let’s call a spade a spade. Making territorial claims to Ukraine means not only serious damage to our relations with it, and creating long-term discord between our nations; it will also contradict the Helsinki Final Act and other international obligations of Russia, as well as aggravate the situation in Europe”.

Therefore, today there are no doubts that the existing border in the Kerch Strait is legitimate both from the point of view of international law and bilateral Ukrainian-Russian obligations, as well as from the point of view of domestic legislation of both countries.