That was not aware that Khrushch was so generous:
Khrushchev: "... The Japanese side wants to get Habomai and Shikotan without a peace treaty and resolve then some other, unknown to us territorial issues, which in reality does not exist. The Soviet government wants as possible to negotiate with Japan, and it does not use the territorial issue for bargaining. But I must once again clearly and categorically state that no claim of Japan on the territorial issue, but Habomai and Shikotan, we will not accept, and refuse to discuss what else offers in this regard ...
Maybe for the Japanese side would be acceptable such an option: we can write that the Soviet Union agreed to transfer Japan Habomai and Shikotan. could formalize this question as follows. We give up these islands to Japan and fix this position in the document. However, the actual transfer of the territories of Japan will follow after the conclusion of a peace treaty and after the United States will give Japan's Okinawa and other native Japanese territory, that are captured by the U.S. .....
From the Joint Declaration of Japan and the USSR on October 19, 1956
9. Union of Soviet Socialist Republics and Japan agree to continue after the restoration of normal diplomatic relations between the Union of Soviet Socialist Republics Japan and the negotiation of a peace treaty.
The Union of Soviet Socialist Republics, desiring to meet the wishes of Japan and taking into account the interests of Japan, agrees to hand over to Japan the islands of Habomai and Shikotan Island so, however, that the actual transfer of these islands Japan shall after signing a peace treaty between the Union of Soviet Socialist Republics and Japan.
(Signed 19 October 1956 in Moscow)
(Ratified by the Presidium of the Supreme Soviet of the USSR December 8, 1956)
(exchange of ratifications took place on December 12, 1956 in Tokyo)
That's what Sakhalin Oblast Duma stated
Recommendations of parliamentary hearings, the Sakhalin regional Duma on "Soviet-Japanese Declaration of 1956 and the problems of national security of the Russian Federation "
Yuzhno-Sakhalinsk, 12-13 September 2001
reviewed and discussed the Soviet-Japanese Declaration of 1956 and its impact on the national security of the Russian Federation in the present conditions, the Hearing note:
Joint Declaration of the Union of Soviet Socialist Republics and Japan, on October 19, 1956 played a positive historical role: were withdrawn from the state war between the USSR and Japan restored the fundamental principles of their relationship is fixed mutual renunciation of claims to each other, resulting the war on August 9, 1945.
however, contained in part two of Article 9 of the Joint Declaration of the Union of Soviet Socialist Republics and Japan agreed to The Soviet Union on the transfer of Japanese Lesser Kuril Ridge (named in the Declaration of the islands of Habomai and Shikotan Island) did not meet the national interests at the conclusion of the Declaration and does not meet them now. In addition, the promise of the leaders of the union (federal) state of the cession of territory by one of the subjects of the Union, without the prior consent of the subject (of Russia) to the transfer, was of unconstitutional nature as contrary to Article 16 of the Constitution of the RSFSR in 1937 , which provided for the inadmissibility of changing borders of the RSFSR without her consent .
Looking into the constitution 1937, as amended 30.01.1958 :
Article 14. Russian Soviet Federated Socialist Republic consists of the edges: the Azov-Black Sea, the Far East, West Siberian, Krasnoyarsk, North Caucasus, regions Balashov, Velikoluksky, Voronezh, East Siberian, Gorky, Western, Ivanovo, Kalinin, Kamensky, Kirov, Kuibyshev, Kursk, Leningrad, Molotov, Moscow, Omsk, Orenburg, Penza, Perm, Saratov, Sverdlovsk, North, Stalingrad, Chelyabinsk, Chkalov, Yaroslavl, autonomous Soviet socialist republics: Tatarstan, Bashkortostan, Buryat-Mongol, Dagestan, Kabardino-Balkaria, Kalmykia, Karelia, Komi, Crimea, Mari El, Mordovia, Volga Germans, North Ossetia, Udmurt, Chechen-Ingush, Chuvash, Yakut and autonomous regions: Adyghe, Jewish, Karachay, Oyrotskoy, Khakassia, Circassian.
Article 15. Russian Soviet Federated Socialist Republic reserves the right to secede from the Union of Soviet Socialist Republics.
Article 16. territory of the RSFSR may not be altered without the consent of the RSFSR .
is important not to forget Article 1 of the declaration of the Union of Soviet Socialist Republics and Japan:
"state of war between the Union of Soviet Socialist Republics and Japan terminated from the date of entry into force of this Declaration, and between them to restore peace and good-neighborly friendly relations . "
... IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Joint Declaration.
made in two copies, each in Russian and Japanese languages, both texts being equally authentic.
By authority of the Supreme Soviet of the Union of Soviet Socialist Republics
N. Bulganin D. Shepilov
For the Government of Japan
Hatoyama ITSIRO KONO ITSIRO Matsumoto SYUNITSI
Moscow, October 19, 1956.
ratified by the Presidium of the Supreme Soviet on Dec. 8, 1956, the Government Japan - December 8, 1956.
exchange instruments of ratification in Tokyo on Dec. 12, 1956.
And also take into account, that
Due to the fact that this international legal the act is called the declaration must be borne in mind that "a contract can have different names for its validity is not affected. This moment marked as the Vienna Convention and the Law on International Treaties of the Russian Federation. Haibolee commonly used names: treaty, agreement, convention, protocol, charter. A special form is an agreement by exchange of notes with identical content. Legally binding provisions may also be found in joint statements, declarations, joint communiqués. " [Lukashuk II International law. Special part. M., Beck, 1997, p.76] Among the basic provisions international law, "the fundamental principle of contract law is formulated as follows:" treaties must be respected "(pacta sunt servanda): every treaty in force mandatory for the participants and they should be faithfully implemented. : Everyone lawfully entered into force a treaty legally binding on all entrants. Run it must in good faith, ie, Honestly, the state must do its utmost to implement the treaty in its entirety. " [Lukashuk II International right. Special part. M., Beck, 1997, p.77.] Since Russia "as a state-successor inherits a contractual system of the USSR" (ibid, p.80.), The above obligations to respect the Declaration of 1956 conferred upon it.
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