In the framework of the process of delimitation, the commissions of Armenia and Azerbaijan will soon agree on the draft regulation of the joint activities of the commissions and will submit it to the parliaments for approval. This was reported to NEWS.am by the RA Ministry of Justice. Azatutyun radio station in 2024 published on May 17, "De jure territories of RA are transferred to Azerbaijan. "constitutionalist" video (available at the following link), in which constitutionalist Vardan Poghosyan voiced a number of misleading theses, and the ideas expressed have some spread on other platforms as well, which is why we consider it necessary to address the arguments presented in the video below:
Argument 1. As an argument for the belonging of the village of Kheyrumli in Azerbaijan to the Republic of Armenia, the regulations of the RA Law "On Administrative Territorial Division" are presented, which reflect the description of the administrative border of the Kirants community, according to which the Kirants rural community borders the Berkaber rural community. , that the provisions of the law shown and referred to in the video were invalidated on 09.06.2017, that is, at the time of demarcation works, the specified description of the administrative border of the Kirants community was no longer available in the given law, while there is no mention of it in the video, thus the public creating a false impression that existing legal regulations are being shown and referenced. However, even the claim that the Kirants community borders Berkaber from the east along the "B"-"C" section does not at all mean that it included the territory of the Azerbaijani village of Khairumli, because in order for the settlement of Kirants to be considered bordering Berkaber, it is necessary to include the village of Khairumli. It is not a condition. In addition, it is an indisputable fact that the village of Kheyrumli belonging to the Azerbaijan SSR existed, and according to the legally justified maps that existed at the time of the collapse of the Soviet Union, including the 1976 edition of the USSR GSH. according to the topographical map, that village had a clear territory, and the map reflects its belonging to Soviet Azerbaijan. Therefore, the territory of Kheyrumli cannot under any circumstances be considered as the territory of the Kirants settlement. Argument 2. Referring to the 1988 On January 12, the protocol approved by the vice presidents of the Councils of Ministers of the ASSR and ASSR states that during the Soviet Union, the Governments of the two countries had the authority to determine the border. which would endow the governments of the Soviet republics with such authority. The fact that the authority to determine the border between the union republics is not reserved to the governments of the ASSR and the ASSR is also evidenced by the very protocol under discussion. not having the appropriate authority, the vice-presidents of the Councils of Ministers did not finish the work, but agreed to present the map to be drawn up as a result of demarcation to the presidencies of the State Council of the two countries and the territorial units of the State Geological Survey for duty, which was not done. Argument 3. the map does not have any legal basis, because there was no agreement between the ASSR and the ASSR in those years. Answer - V. Poghosyan does not refer to the fact that in 1976 The signatures of the heads of the territorial inspectorates of the State Geological Survey of the USSR (including Transcaucasia) present on the map certify that the boundary line on them corresponds to the 1969. On the borderline of the decisions of the presidencies of the ASSR and the ASSR SC. In other words, in 1969 and in 1976 the borders of the maps are identical, and in 1969 The border line is also the constantly cited 1988. on the basis of the inscription and the demarcation works preceding it. As for 1988 to the legal force of the protocols, then it is necessary to state that in 1988 The further steps of the process provided by the protocol signed on January 12 were not carried out: a corresponding map was not drawn up, the documents were not transferred to the Presidencies of the Central Committee for approval and to the regional divisions of the State Geological Control for duty. As a result, the process envisaged by the protocol remained incomplete and did not receive legal force. Argument 4. The Cadastre Committee provided the residents of Kirants with rights registration certificates, therefore these areas are the territories of the Republic of Armenia. Answer - It must be stated that the state registrations of the relevant rights were made not based on accurate data. Those registrations cannot be a legal basis for asserting that the territories in question are considered part of the sovereign territory of the Republic of Armenia due to the fact that state registrations were made based on inaccuracies. Argument 5: The state border could be demarcated only after reaching an agreement on the entire border based on an international treaty. Answer - We consider it necessary to state that the ongoing process is a reproduction of the state border, not a process of drawing a new border. Currently, in 1969 Guided by the documents approved by the decisions of the presidencies of the ASSR and the USSR Council of Ministers and the maps based on them, the mutually agreed border between the countries during the USSR years is reproduced on the basis of the principles mutually agreed upon by the Alma Ata declaration. It should also be noted that according to the results of the meeting of the commissions of the two countries on April 19, 2024, it is indicated that the demarcation in the area of 4 villages is preliminary, until the full completion of the demarcation process. And the document confirming the complete completion of the border demarcation process should already be the international agreement on the state border signed between Armenia and Azerbaijan, which will be subject to ratification by the RA National Assembly. Therefore, the process is fully legal. Within the framework of the ongoing process, the two commissions will soon also agree on the draft regulation of the joint activity of the commissions and submit it to the parliaments for approval," the message says.
