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Succession, continuity, and legacy of the Soviet Union

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Through Soviet Union, Dissolution of the Soviet Union and Russia

Background

The Treaty on the Formation of the Union of Soviet Socialist Republics officially created the USSR. The Treaty was approved on 30 December 1922 by a conference of delegations from the Russian SFSR, the Transcaucasian SFSR, the Ukrainian SSR and the Byelorussian SSR. The Treaty and the Declaration were confirmed by the First All-Union Congress of Soviets and signed by heads of delegations – Mikhail Kalinin, Mikhail Tskhakaya, and Grigory Petrovsky, Alexander Chervyakov respectively on December 30, 1922. The treaty provided flexibility to admit new members. Therefore, by 1940 the Soviet Union grew from the founding four (or six, depending on whether 1922 or 1940 definitions are applied) republics to 15 republics.

Transition period and cessation of the existence of the Soviet Union

In the Soviet Union, the transition period was declared by adoption the Law of the USSR "On the bodies of state power and administration of the Union of Soviet Socialist Republics in the transition period" which was signed into law on 5 September 1991. It was assumed that the Soviet Union would come out of the transition period with a new name of the Union when all the treaties are signed, ratified, come into force and the new parliament assembled. However, this did not happen.

As the Kommersant newspaper wrote on 7 October 1991, a series of conflicts occurred in the RSFSR government during preparations for the signing of the Treaty on the Economic Community. In his speech to members of the Russian parliament, RSFSR State Secretary Gennady Burbulis declared Russia's special role as the legal successor to the Soviet Union. Accordingly, the ways of drafting agreements with the republics should be determined by the Russian leadership. Instead of the planned order, he suggested signing a political agreement first, followed by an economic one. The newspaper suggested that Burbulis' goal was to persuade Yeltsin not to sign the agreement as it stands at the time. Yegor Gaidar, Alexander Shokhin and Konstantin Kagalovsky were named as the developers of the statement made by Burbulis. In the same time, a group of "isolationist patriots" consisting of Mikhail Maley, Nikolai Fedorov, Alexander Shokhin, Igor Lazarev and Mikhail Poltoranin criticized Ivan Silaev and Yevgeny Saburov for wanting to preserve the Soviet Union.

On 18 October 1991, in the St. George Hall of the Grand Kremlin Palace, Mikhail Gorbachev and the leaders of eight Union republics (excluding Ukraine, Moldova, Georgia and Azerbaijan) signed the Treaty on the Economic Community as planned. Ukraine and Moldova said they would sign at a later date. This economic agreement was then to be supplemented by a similar political agreement. On 14 November in Novo-Ogaryovo, Mikhail Gorbachev and the heads of the seven union republics pre-agreed to sign a treaty on the creation of a political union called the Union of Sovereign States, which would have no constitution but would remain a subject of international law as the Soviet Union had been. The Treaty would complement the previous economic treaty and was scheduled to be signed in December.

Because of the referendum results and the actions of the Verkhovna Rada, Leonid Kravchuk refused on 7 December to sign such a political agreement that did not take Ukraine's status into account. Boris Yeltsin said that if Ukraine would not sign, then Russia would not sign either, although at this moment, besides Russia, six republics still wanted to sign the new Union treaty. The Belovezha Accords were signed on 8 December, where it was Burbulis who authored the phrase “The Union of Soviet Socialist Republics as a subject of international law and geopolitical reality ceases to exist.” The agreement declared the dissolution of the USSR by its remaining founder states (denunciation of the Treaty on the Creation of the USSR) and established the Commonwealth of Independent States (CIS). On 10 December, the accord was ratified by the Ukrainian and Belarusian parliaments. On 12 December, the agreement was ratified by the Russian Parliament, therefore the Russian SFSR renounced the Treaty on the Creation of the USSR and de facto declared Russia's independence from the USSR.

On 26 December 1991, the USSR was self-dissolved by the Council of the Republics of the Supreme Soviet of the Soviet Union, the upper house of the Supreme Soviet of the Soviet Union (the lower house, the Soviet of the Union, was without a quorum).

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