The 1991 Transcarpathian general regional referendum took place on December 1, 1991,Sherrill Stroschein, Ethnic Struggle, Coexistence, and Democratization in Eastern Europe, Cambridge University Press, 2012, p. 194, on the same day as the Ukrainian independence referendum and the first presidential elections in Ukraine. The question of the referendum was "On the granting Transcarpathian region status of an autonomous province within Ukraine."

The vast majority of those who participated in the referendums voted for the "Independence of Ukraine" (90.13%) and the accession of Transcarpathia to Ukraine with the status of a "Special self-governing territory" (78%). There was a high turnout at the referendums, with 700,555 people recorded at the polls.

The region was historically known as Carpathian Ruthenia and had been given autonomous status within the Second Czechoslovak Republic during the interwar years, from 30 December 1938 to 15 March 1939. During World War II, the region declared independence as the short-lived independent Republic of Carpatho-Ukraine before being invaded by Hungarian forces and later being incorporated into the Soviet Union after the end of the war on January 30, 1946.

Prelude The legislation of the USSR on the procedure of secession of a Soviet Republic from the Union with regard to the legal sociological dispute, continuing around the results of the referendum of December 1, 1991, it was held at a time when factually and legally existed the state of USSR, and its legal framework remained in force. Therefore, strictly legally, decisions and actions within the existing at the time legal field can be regarded as legitimate.

This fact implies that the secession of any republic from the USSR had to be carried out only in accordance with the Law of the USSR of April 3, 1990 - "On the procedure of secession of a Soviet Republic from the Union of Soviet Socialist Republics." The article №3 of the Act states that: " In the Federal Republic, on the territory of which there are places of compact residence of national groups that make up the majority of the population of the area, when determining the outcome of the referendum, the results of voting in these localities are accounted for separately."

Part 7 of Article 17 of the Act also stipulates that in the event of secession of the republic from the USSR, there should be agreed status of the territories that do not belong to the seceding republic at the time of its accession to the Soviet Union. It is well known that the process of Ukraine's accession to the Soviet Union began on December 30, 1922, and finalized in May 1925, when the IX All-Ukrainian Congress of Soviets adopted a new text of the Constitution of the USSR, and on that date the Republic Subcarpathian Rus was part of the first Czechoslovak Republic. On 2 November 1938, as the result of the First Vienna Award parts of Czechoslovakia - Southern Slovakia and a part of Carpathian Ruthenia - were returned to Hungary, an area amounting to 11,927 km² and a population of 869,299 (86.5% of which were Hungarians according to the 1941 census). Between 5 November and 10 November, Hungarian armed forces peacefully occupied the newly transferred territories.

In March 1939, the Czecho-Slovak Republic was dissolved, Germany invaded it, and the Protectorate of Bohemia and Moravia was established. On 14 March, Slovakia declared itself to be an independent state. On 15 March, Carpatho-Ukraine declared itself to be an independent state. Hungary rejected the independence of Carpatho-Ukraine and, between 14 March and 18 March, Hungarian armed forces occupied the rest of Carpathian Ruthenia and ousted the government of Avgustyn Voloshyn. The Hungarians controlled the region until The Red Army ejected them in 1944. Subcarpathian Rus became part of the Soviet Union from the date of exchange of instruments of ratification of the Treaty from June 29, 1945 "On Transcarpathian Ukraine"4 .

The interim, unelected National Assembly, appointed by decree of the President of the Czechoslovakia Eduard Benes, ratified the Treaty on November 22, 1945, and, accordingly, the Presidium of the Supreme Soviet of the USSR ratified it by its Decree on November 27, 1945.

Consequently, in accordance with Part 7 of Art. 17 of the Law of the USSR "On the procedure of secession ..." of April 3, 1990, Ukraine has been obliged to include in the ballot of the referendum of December 1, 1991, on the territory of Subcarpathian Rus, second question about the choice of the state affiliation of population of "the territory of the Rusyns to the south of the Carpathians"5.

(All this applies equally to the Western Ukraine (see Law of the USSR "On the inclusion of the Western Ukraine into the USSR ..." from November 1, 1939 (today Volyn, Drogobych, Lviv, Rivne, Ivano-Frankivsk and Ternopil region, and respectively Bukovina (Decree of the Presidium of the Supreme Soviet of the USSR of August 2, 1940)

Organization of the referendum

M. Y. Voloshuk, chairman of the Transcarpathian Regional Council, initiated a regional referendum on granting the region the status of an autonomous republic within Ukraine 6.

On the first of October 1991 * (second column of the fourth paragraph) Regional Council adopts the Declaration "On the proclamation of Transcarpathia an autonomous province" 7.

Publication of the Declaration in the official organ of the Regional Council: «Declaration granting Transcarpathia an autonomous status»

Based on tradition, identity, an inalienable right to the eternal desire of the multinational population of Transcarpathia to self-determination:

On the basis of the right to self-determination under the UN Charter and other international legal instruments, and guided by universal values and norms of equality of nations enshrined in the Declaration of Human Rights, the Helsinki Agreement, the Charter of Paris for a New Europe;

Implementing declarations on the state sovereignty of Ukraine and Act of Independence of Ukraine; Acknowledging Transcarpathia an integral part of independent Ukraine;

Based on the supremacy of the Constitution and laws of Ukraine; Seeking to ensure the right to national-cultural autonomy of all national groups in conjunction with the regional, national and local self-government;

Guaranteeing equal opportunities of participation in management of state and public affairs to representatives of all nationalities, regardless of their participation in political parties, movements, religious beliefs, type and nature of occupation, place and time of residence in the province under the Constitution and laws of Ukraine; Caring for the preservation and development of good-neighborly relations with all regions of Ukraine and other sovereign republics;

Rejecting any encroachment on the territorial integrity or attempts to change the borders at the expense or benefit of Transcarpathia, contraposition it to other regions of Ukraine; In an effort to increase and make better use of the unique natural and economic potential for the benefit of the people, to stop the irreversible changes in the spiritual development, the environment and demographic sphere, the regional Council of People's Deputies declares Transcarpathia an autonomous region as part of an independent democratic state - Ukraine.

This Declaration shall enter into force after its approval by the population of Transcarpathia at a regional referendum. The Declaration is put for discussion at the session on a proposal from the City of Mukachevo, Mukachevo district, Beregovo district Soviets.

«Novyny Zakarpattya»", the newspaper of Regional Council of People's Deputies, №. 188, Tuesday, October 1, 1991

«The decision of the seventh session of the 21 convocation on the status of Transcarpathia as part of independent Ukraine»

For an objective consideration of the status of Transcarpathia as part of independent Ukraine, the seventh session of the 21 convocation of the Transcarpathian Regional Council decided to set up an appropriate commission.

DECISION OF THE SEVENTH SESSION OF THE XXI CONVOCATION

On the status of Transcarpathia as part of independent Ukraine Having considered the question of the status of Transcarpathia as part of an independent Ukraine, the regional Council of People's Deputies decided:

1. Noting the critical importance of the issue and the need for its comprehensive study, to set up a commission (the list of the committee members is attached).

2. The Commission is to publish a justification of the status of Transcarpathia in the press, and after analyzing the results of its pan-regional discussions, to submit their proposals on the matter to the regional executive committee until December 30, 1991.

3. To put forward the question on the status of Transcarpathia at a regional referendum in accordance with the Law "On All-Ukrainian and local referendums."

Presidium of the session

I. E. Gritsak.

V. V. Shepa.

«Novyny Zakarpattya», the newspaper of Regional Council of People's Deputies, №. 188 Tuesday, October 8, 1991

The commission included distinguished representatives of various public organizations, institutions, denominations, communities, trade unions and nationalities.

It represented various political forces in the region, such as, for example, the "Movement", "Democratic Party of Ukraine", "Ukrainian Republican Party".

Representatives of national public organizations of residents of Transcarpathia: "Roma", "Society of social and economic development of the Romanians in Transcarpathia named after Cosbuk", "Society of Germans "Revival ", "Society of Hungarian culture KMKS", "Society of Carpathian Rusyns", "Society of Slovaks."

Commissioners from religious organizations: "Mukachevo-Uzhgorod Orthodox diocese," "Pentecostal church", "a Roman Catholic religious community", "Mukachevo Greek Catholic diocese," "Reformed Church".

Public organizations of cultural and national orientation represented "Afghan war veterans", Society "Memorial", "Transcarpathian branch of the Writers' Union of Ukraine", regional organization of the "Society of the Ukrainian language named after Taras Shevchenko Prosvita".

ORGANISATIONAL STRUCTURE OF THE COMMISSION ON THE STUDY OF THE ISSUE «ON THE STATUS OF TRANSCARPATHIA AS PART OF INDEPENDENT UKRAINE»

1 ADAM Yosip Ivanovic, co-chair of the Roma community "Roma".

2 ADAM Aladar Evgenievich, co-chair of the Roma community "Roma"

3 BED Victor, MP, Chairman of the Transcarpathian regional organization "The People's Movement of Ukraine".

4 GABOR Ivan Ivanovich, the deputy of the Regional Council, the representative of Tyachiv region.

5 GEREVICH Ivan Ivanovich, the deputy of the Regional Council, the representative of Beregovo district.

6 HOLYSH Ivan Vasilyevich, representative of Mukachevo.

7 HORVAT Vasily Vasilievich, deputy of the Regional Council, the representative of Mukachevo district.

8 GRANCHAK Ivan Mikhailovich, Professor, Doctor of Historical Sciences.

9 GRECHANINOV Viktor Fedorovich, deputy of the Regional Council, the representative of Afghan war veterans.

10 GUZOV Mikhail Mikhailovich, deputy of the Regional Council, the representative of Rakhiv district.

11 GULACSY Ludwik Lyudvigovich, representative of the Reformed Church.

12 DUMNICH Mihail Vasilevich, representative of the Regional Council of Independent Trade Unions.

13. ZADIRAKA Valentina Dmitrievna, representative of the Velykyi Bereznyi district.

14. ZILGALOV Vasiliy Alekseevich, chairman of the regional organization "Memorial".

15. ILYASH Ivan Ivanovich, the deputy of the Regional Council, the representative of Vynohradiv district.

16. KAINZ Emelyan Ivanovich, chairman of the Society of Germans "Revival."

17. KEMENYASH Georgy Georgiyovich, the deputy of the regional council, representative of Svalyava district.

18. LELEKACH Ivan Mihaylovich, representative of Mukachevo Greek-Catholic diocese.