CYIL vol. 9 (2018)

DALIBOR JÍLEK CYIL 9 ȍ2018Ȏ The adopted Austrian regulations were strengthened before the Christmas of 1918 by Government Regulation ( vládní nařízení ) no. 87/1918 Coll. on the issuance of passports. 34 The regulation was passed based on the enabling Act no. 37/1917 of the Reich Code on the extraordinary warfare measures. A provision of section 1 imposed on every person who wished to travel outside of the territory of the Czechoslovak Republic to have a passport . Personal scope of the passport duty was thus extended to non-nationals who wanted to leave the country. A second sovereign interest adjoined the security concern: financial concern. Passports could not be granted to applicants without a certificate from fiscal offices. These individuals had to prove that they paid their taxes and public contribution to the benefit of the Czechoslovak state. Although the liberation of freedom of movement could have been expected after the war, the passport policy of the budding state was being tightened. Since 1919, the travel of non-nationals into the Czechoslovak territory was subject to a special regime. 35 Although the Ministry of Foreign Affairs focused on establishing diplomatic relations, the Czechoslovak Republic did not set up embassies or consulates abroad. Their consular function was to provide non-nationals with entrance and transit visas. Non-nationals had to be equipped with a special permit from the Ministry of Interior, issued in agreement with the ministries of Foreign Affairs, Finance, and of Trade and Supply of the People, prior to crossing the border. The government regulation’s applicability was general, and among other things covered Russian and Ukrainian refugees. The reconstruction and neutrality policy pursued by Czechoslovakia towards Russia and Ukraine did not presume the recognition of both Soviet states de jure . The government was guided by the persistent idea of helping the Russian and Ukrainian people. Its hope and assumption was, that in the long run, the chaotic and undemocratic regime was unsustainable. That is why the final recognition of the two socialist states was put off for so long. De facto recognition of the governments of both states resulted in the conclusion of an interim treaty with the Russian Socialist Federative Soviet Republic (RSFSR) on 5 June 1922 36 and with the Ukrainian Socialist Soviet Republic (USSR) on the following day. 37 The contracting parties made a pledge to discontinue all official contacts with various organizations and representations of organizations that were in conflict with the government of the other state. Bilateral relations were monopolized on the side of both socialist countries. The parties to the treaties established commercial and economic relations. The Czechoslovak government founded its representation in Moscow and Kharkov following a mutual consent. Prague became the seat of the representation of the RSFSR and the USSR. Both representations were soon merged as a result of the formation of the Union of Soviet Socialist Republics. 38 34 The decree came into force on the day of promulgation. 35 See section 1 of Government Regulation no. 105/1919 Coll., 26 February 1919, on travelling to the territory of the Czechoslovak Republic. 36 Government Regulation of the Czechoslovak Republic no. 258/1922 Coll., 7 August 1919 by which the interim treaty between the Czechoslovak Republic and the Russian Socialist Federative Soviet Republic comes provisionally into force. 37 Government Regulation of the Czechoslovak Republic no. 259/1922 Coll., 7 August 1919 by which the interim treaty between the Czechoslovak Republic and the Ukrainian Socialist Soviet Republic comes provisionally into force. 38 Merger of the permanent missions of RSFSR and USSR in Prague into one permanent mission of USSR. Circular of the Ministry of Foreign Affairs no. 249:431/II, 21 September 1923. Official gazette of the Ministry of Foreign Affairs (Věstník ministerstva zahraničních věcí), 1923, no. 11, p. 154.

46