Abstract
EU Conditionality and Quasi States in the former Soviet Union
While the dissolution of the USSR in three former soviet Republics (Moldova, Georgia and Azerbaijan)led to the formation offour so called quasi States or de facto States(Transnistria, South Ossetia, Abkhazia and Nagorno Karabakh), in Ukraine took place the secession of part of its territory as far as the Crimean Peninsula was annexed to the Russian Federation and, shortly after this, also occurred the self-proclamation of the Donetsk and Luhansk People’s Republics.
As underlined by the literature the de facto States are characterized by “internal sovereignty” butare lacking or having limited “external sovereignty”. In addition to this inthe post soviet space the Russian Federation has taken the role of the “kin State” of the de facto Statesbut has different approaches in their respect, depending on its real interest in supporting them,
Therefore firstly the paper analyses these different approaches.
For examplethe Republics of South Ossetia and Abkhazia proclaimed their independence in 1990s but were recognized by Russia only on 28 August 2008 after the Russian-Georgian conflict ofthe same year.
The self-proclaimed Moldovan Republic of Transnistria has still not been recognized by Russia as well as the independence of Nagorno-Karabakh is still not recognized nor by Armenia nor by Russia. Finally the independence of Crimea was recognized by Russia shortly before its annexation while the proclaimed “state autonomy” of the Donetsk (and Luhansk) People’s Republic was not recognized even if Russia regarded it with “respect”.
Not less important is the fact that between the quasi States there also differences with regard to their “desire” to be incorporated into the Russian Federation. Abkhazia and South Ossetia have not yet asked to be incorporated into Russia, but after the latter recognized their independence, they began signingseveral international agreements with Russia (starting with the Treaties of Friendship, Cooperation and Mutual Aid in 2008 andconcluding, at this moment, with the the Treaty of Alliance and Strategic Partnership between the Russian Federation and the Republic of Abkhaziain the autumn of 2014 and the Treaty of Alliance and Integration between Russia and the Republic of South Ossetia in the spring of 2015). In addition to this on 26 April 2016 the Russian President Putin also signed the law “OnRatification oftheAgreement between theRussian Federation andtheRepublic ofSouth Ossetia ontheState Border” which seals thestate border between thetwo countries inits entirety, from thewestern totheeastern junction point ofthestate borders oftheRussian Federation, theRepublic ofSouth Ossetia andGeorgia based ontheadministrative territorial division line between theRSFSR andtheGeorgian SSR asit existed atthetime ofdissolution oftheUSSR.
Differently from Abkhazia and South Ossetia in the Republic of Transnistra on 17 September 2006 has been held a referendum concerning the independence of Transnistria from the Moldovan Republic and the consequent free union of Transnistria with the Russian Federation. More recently in April 2014 the Parliament of Transnistria directly asked Russia if it could join it but on 4 April 2016 the Minister of Foreign Affairs of Russia in a colloquium with his counterpart of Moldova stated that Transnistra should remain in the latter.
After the incorporation of Crimea and Sebastopol in the territory of the Russian Federation also the government of the self-declared Donetsk Republic asked to be incorporated in the Russian Federation but no concrete action was taken in this direction by the Russian Government whilst the regions of Donetsk and Luhansk, officially called “occupied territories”, by the Government of Ukraine, are still characterized by a “frozen conflict”.
Secondly the paper, taking into account the different approaches of the Russian Government in recognizing the quasi states, tries to explain the reason why to this differentiation does not correspond also a variety of solutionsin their system of government which, essentially, is homogenous and similar to that one of the Russian Federation. Generally speaking all the quasi states have directly elected presidents with relevant powers, but at the same time their stability depends in a relevantway on the support of Russia.
Thirdlythe paper analyses if the quasi states are influencing the shaping of the center periphery relations in the Republics in which territories they are stillformally included concluding that no one of these republics, due to different factors, until now introduced a federal form of government or foresees a high degree of political autonomy in their territories.
Finally the paper - taking into account that the quasi states, with the exception of Nagorno Karabakh, are located precisely in the former Soviet Republics that signed Association Agreements and DFTA with the EU - analyses if the EU conditionality affected them or,viceversa, taking especially into account the influence that the Minsk agreement should haveon the constitutional development of Ukraine.