CYIL vol. 8 (2017)

DALIBOR JÍLEK – JANA MICHALIČKOVÁ CYIL 8 ȍ2017Ȏ with the tsar state. Some states, mainly in the neighbourhood, negotiated post revolution agreements with the Russian Soviet Federative Socialist Republic (RSFSR), with the Ukrainian Soviet Socialist Republic (USSR) or with the Soviet Union after 1922. Notwithstanding the customary rules on succession of states in relation to international treaties, the legal status of Russian refugees in Switzerland conditioned the trade convention concluded between the tsar Russia and Switzerland in 1873. The entrance and residence of Russian refugees was governed by the regime of tolerance ( regime de tolérance ). 6 The peace treaty signed in Riga on March 18, 1921 among RSFSR that was mandated to act on behalf of the USSR and the Belorussian Soviet Socialist Republic (BSSR) and Poland, specified the modes of acquiring nationality in Article 6. The interests of Russian nationals were under the diplomatic and consular protection of the Soviet government. Certainly de iure or de facto recognition of the Soviet government might have aggravated the legal status of Russian refugees. Nevertheless, Russian and Ukrainian refugees residing in Poland could have accepted or refused the protection of the Soviet state. If they by their choice refused the protection, they enjoyed the right of asylum in Poland and could not have been extradited for political reasons. 7 Czechoslovakia negotiated the preliminary treaty both with Russia 8 and Ukraine in two subsequent days. 9 Czechoslovakia recognized the governments of both states de facto. Czechoslovakia was hoping for democratic changes in both soviet countries. Based on these two treaties, the legal status of refugees was mutually recognized. Both instruments set up the identical provision (Article 9), based on reciprocity ( quid pro quo ). 10 This provision is the most favoured nation clause offered to the citizens of both states. First Russian refugees were entering Czechoslovakia before the preliminary treaty was signed and immediately after the restoration of the statehood. 11 A significant part of the refugees was composed of soldiers from the western part of Ukraine. Of course these soldiers were immediately repatriated. Further inflow of refugees came from the Baltic areas. Major groups of Russian refugees came into the Czechoslovak territory after 1921 when the white 6 League of Nations. Russian Refugees. Summary of the Documents received by the Secretariat on this subject since the 12 th Session of the Council, C.126.M.72, 1921, Annex 8, 12.727, May 12 , 1921. 7 League of Nations. Russian Refugees. Summary of the Documents received by the Secretariat on this subject since the 12 th Session of the Council, C.126.M.72, 1921, Annex 9, No 664, May 25 , 1921. 8 Regulation of the Czechoslovak government as of August 7, 1922 on provisional entering into force of the interim treaty between the Czechoslovak Republic and Russian Soviet Federalist Socialist Republic; (Nařízení vlády republiky Československé ze dne 7. srpna 1922, jímž se uvádí v zatímní platnost prozatímní smlouva mezi republikou Československou a Ruskou socialistickou federativní sovětskou republikou (No. 258/1922 Collection of laws and regulations). 9 Regulation of Czechoslovak government as of August 7, 1922 on provisional entering into force of interim treaty between Czechoslovak Republic and Ukrainian Soviet Socialist Republic; (Nařízení vlády republiky Československé ze dne 7. srpna 1922, jímž se uvádí v zatímní platnost prozatímní smlouva mezi republikou Československou a Ukrajinskou socialistickou sovětskou republikou. (No. 259/1922 Collection of laws and regulations). 10 Article 9 of Preliminary Treaty: “RSFSR and CSR nationals shall enjoy on the territory of the other state all general civil rights and favours which are reserved or will be reserved to the nationals of third countries except for rights and favours which are reserved to the nationals of neighbouring countries to the RSFSR in it.” 11 To the Czech peoples; National Letters magazine (Českým lidem, Národní listy), 12 March 1919: “I am healthy, and regrettably alive!” was recently written by one of the noblest Russians, former speaker of the Russian Duma, Chomjakov. There is no more horrible tragedy than such an exclamation of an old man whose father was the apostle of Russian Slavicity.“

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