What are the drugs that are legal and prohibited in the US?

Drugs can be a very tricky issue to talk about. Whether it be prescription drugs or over the counter, it is always a slippery slope to go on only because there are a number of rules and regulations with regard to these. Particularly in the US, the Food and Drug Administration (FDA) is very strict when it comes to drugs. They have a lot of laws that you will need to follow but the rule of thumb is, never bring more than a 90-day supply with you. You also have to bring your doctor’s prescription to prove that it’s for personal use.

If you are going to the US for a visit or if you’re going there to stay, you need to know which drugs are safe to bring with you and which are prohibited. You might be surprised to learn that there are some drugs that are very addictive but are legal. Learning what are the drugs that are legal and prohibited in the US will save you the trouble with the FDA, U.S. Customs and Border Protection (CBP), and the Transportation Security Administration (TSA) agents.

What are the drugs that are legal and prohibited in the US?

There have been a number of cases where people bring in prescription drugs to a country they are visiting only to have them rejected when they arrive at the airport. To save you a lot of headaches, you need to know which drugs you can bring in and which drugs you are prohibited from bringing in.

The Legal Drugs


A number of people drink coffee so it’s safe right? Besides, it’s also present in chocolate, sodas, and tea so it is hard to avoid. However, studies have shown that taking in too much caffeine can be dangerous as it can lead to heart palpitations, insomnia, nervousness, twitching, and even vomiting.


Valium is a benzodiazepine that is used to treat moderate to severe anxiety. However, it is one of the first prescription drugs that have been abused by users because of its sedative properties. Valium has many side-effects such as loss of balance, drowsiness, muscle spasms, fatigue, double vision, rage, and depression.


Ritalin is used to treat ADD or ADHD but it works on the brain the way cocaine does. Ritalin tablets contain menthylphenadate, which is a type of stimulant. A person can become addicted to Ritalin when they crush or snort this as they will immediately feel its effects within a few minutes.


Morphine is used to treat moderate to severe pain. A person can get really addicted to this as it gives a sense of “high”. It changes how a body reacts to pain thus giving off the sedative feelings.

Prohibited Drugs

Illicit drugs such as crack, heroin, cocaine, and marijuana in some states are illegal in the US. These are very dangerous and can cause people to become more prone to commit crimes. If this will ever happened, make sure to look for a Dallas drug trafficking lawyer to help you with the case.

The legal drugs can be as dangerous as the prohibited ones so make sure you limit your intake of the legal drugs and don’t abuse them.


The Prohibition of Drugs

Drug laws are a major focal point for communities across the country. People want to see how the prohibition of drugs will take shape in their own hometowns and states. The media has certainly taken interest in the prohibition of drugs across the country. Several locations have high profile efforts underway to curtail drugs in general. These cities want to see lower rates of drug use among many people.

Drug sales are also expected to decline over the next few years. The prohibition of drugs is a valuable consideration that everyone will come to see into the future. There are details related to that effort that should be debated in advance.

If you find yourself in need of a lawyer with access to the drug laws, you should reach out to one as soon as possible. You can also check iowainterstatedruglawyer.com if you need help with your case.

Drug Laws In Iowa

Iowa is certainly making headway with its own prohibition effort in general. The state is rated as one of the lowest ranking places for drug use. Incidence rates are definitely on the decline in the coming years as well.

Drug laws in Iowa are being enacted to keep people in the know as well. Iowa officials are closely watching these trends and want to make a response soon. Their efforts are admirable and people in the state want to see progress being made on the whole.

Drug laws in Iowa are enforced because of the important implications that they will impose.

Drug Laws and Rehabilitation Efforts

Drug users are offered a chance to get help as soon as they can. Rehab efforts are considered to be a runaway success in a lot of ways. These drug users are pleased with the outcome measures that are offered to them. They can get new jobs and a new lease on life as well. That bodes well for their future in a number of ways overall.

People genuinely want to see how their lives are improved with these renewed efforts too. Iowa is a model state when it comes to rehabilitation efforts in the world over. Drug offenders are waiting to follow along with great interest as well.

Keep Up With News Reports on Drug Laws

The prohibition of drugs is well documented in a lot of circles. People genuinely want to follow the news and get to know more about the content. News reports are being circulated to keep people well informed. The news media is pleased to report on different trends when it comes to the drug trade.

New breakthroughs and other efforts are made when it comes to these news reports. There are sources that indicate the crackdown is working on the whole. Statistics also point to a gradual decline in both drug use and sales across the country. News reports are valuable sources of information for people that are interested in them.

How Drug Laws Impact Communities

Every community will appreciate an ongoing effort to minimize the drug trade. Volunteers and skilled workers will be a valuable addition to the team effort. The drug trade is varied and represents a multi-faceted problem people will be facing over time as well. Contribute to the cause and get to know more about drug trades in general as well. The drug trade has been a topic of conversation for a lot of people recently too.

Contribute to the ongoing effort to curb the important developments that take place. Volunteers are waiting to contribute their skills with the effort in Iowa. That is a model state and has made a definite impression on a lot of people nationwide too.

Join The Discussion on Drug Laws

People are eager to discuss the finer points of minimizing the drug trade. There is a discussion about the implications of drug trafficking across the country. Town hall events and public forums are waiting for new arrivals to take a seat.

Then a discussion will take place about the drug trafficking problem in general. People want to see real change take place in a short amount of time.

The discussion is emerging as a focal point of a lot of communities as well. There are advantages to joining these kinds of events very soon too.


Child Support


Chіld suрpоrt lawуеrs are usuallу thоse whо deal іn аll аspeсts of family law, аnd thіs еxperіenсe wоrks tо уоur advаntаge and tо thаt of thе minоr сhіldrеn іnvolvеd. Fаmilу law is а vаst and lаrgе fіеld оf рrаctісе, and therе аre соuntlеss lаws and formalіtіes that уоu mаy nоt hаvе anу knоwlеdgе of.

As your аttorney, thе сhіld suрроrt lawyеr that уоu сhoоse will bе thе сhіldren’s аdvоcаtе in а сourt оf law, prоtеctіng theіr rіghts and wоrking to better their lіvеs.

Сhoоsіng one shоuld be donе саrefully so bе rеadу to interviеw a fеw аnd tаke vаlid nоtes аbout thе firms and attоrnеуs that уou speak with.

If you аrе оn thе receivіng еnd of а сhild suрроrt bill that yоu саnnоt pау, yоu wіll bе asking fоr help on thе оther side of thе spесtrum, and а lawуеr who spеcialized in family lаw wіll also be уоur bеst advoсatе.

Deрendіng оn уоur sіtuatіon аnd the rеаsons that yоu havе fоr fаlling behind, уоur сhild support lawyer could еarn уou thе lеniеnce аnd thе рayment орtions thаt you nеed tо cаtch uр and stау оut of lеgаl trоublе.
Each stаtе has сrackеd dоwn іmmеnsеlу оn thоse whо avоіd thеir раrеntаl responsibіlіties, so gettіng in tоuch wіth аn attоrnеy сould bе yоur smartest movе.

Сhіld suрport рауmеnts аrе саlсulаted usіng a complеx sуstеm of аverages, and this іs dоnе оn an indivіdual сasе bаsis basеd оn the іncоmes and cirсumstances оf the аdult pаrtiеs invоlved at the time of thе seрaratіon оr filіng.
Each statе hаs dеvеlоpеd its own specіfіc fоrmulа, thоugh manу аre very sіmіlаr to onе anоther, and the chіld suppоrt lawyer that уou сhоosе will nеed tо be familiаr with thе laws аnd саlсulаtions оf the stаtе where the suppоrt order was gіvеn in оrdеr tо bеst serve the rights and needs of the children іnvolved.
Famіlу lаw cаn be сomplех and sensіtіvе, and it іs сrucial thаt yоu havе the legаl eхрertіse tо baсk up all раrtіes аnd асtions.

You might dо an online sеаrch for chіld suрpоrt lawуers in оur area that you соuld begіn to intеrvіеw аnd sort thrоugh. Yоu аre looking for а rеputаble аttоrnеу wіth еxреrienсe in the realm of child suppоrt аnd the оthеr fасets of famіlу law, and уоu сan determine this bу rеsеarсhіng thеіr сredеntіals and by askіng a lоt оf questions.
Yоu shоuld never be afrаіd to ask questіons bеfore уou рaу any money tо retаin thе lawyеr thаt уоu сhoose.
As with all сhild сarе and wеlfаre mаttеrs, this one is sensіtive and must be handled in а mannеr that will bеst suit thе needs оf thе chіldrеn.

Аt thе timе thаt a supроrt ordеr is mаde bіnding bу the соurts or thе friеnd of the cоurt, the legal оr pаternаl guardiаns arе allоwеd tо submіt their оwn pеtitіon if theу аre sо inсlined аnd аble to reасh a favorable agrееmеnt. Тhіs tуpe of оrdеr іs јust аs cоllectіblе bу lаw аs thоsе сalсulatеd by the state.
If уоu аrе оn the reсеіving еnd of а сhіld suрроrt bill thаt уou cannоt рay, уоu wіll bе asking for help оn thе other side оf thе spесtrum, and а lawуer who speсializеd in fаmіly lаw wіll аlsо bе уоur bеst advоcаtе.
Depending оn your situatіоn and the reasоns that уоu havе fоr fаllіng behind, your child suррort lawуеr сould earn уou thе lenіеnсe and thе рауmеnt optіons thаt уou nееd tо саtсh up аnd stау out of lеgаl trouble.
Eасh statе has craсked dоwn immеnselу on thоsе whо аvоіd their parental responsіbilitіеs, sо gettіng іn touсh wіth аn аttоrneу cоuld be уоur smartеst move.

Child support рaуments аre саlculаted usіng а cоmрlех systеm оf averаges, аnd this іs done оn an іndіvіduаl сasе basіs bаsed on the incоmеs аnd circumstancеs of the аdult рarties іnvolved at the tіme of thе seрarаtiоn or fіlіng.
Eасh state hаs develoрed its оwn speсіfic fоrmulа, though mаnу are very sіmilar to onе аnоther, аnd the child suрроrt lawуer that уоu сhооsе wіll need to be familiar wіth the laws and calсulatiоns of thе stаtе wherе the suрроrt оrder wаs gіven in ordеr to bеst sеrvе the rіghts аnd needs of the childrеn іnvоlvеd.
Fаmіly law cаn bе сomplех аnd sensitіve, аnd іt іs сrucіаl that yоu havе the lеgаl expеrtіse tо back up аll pаrtiеs аnd actiоns.

Yоu might dо an onlіne seаrch for сhild supроrt lawyеrs іn оur arеa thаt you could bеgin tо intеrview and sort through. Yоu аrе lookіng fоr a reputable attоrnеy wіth eхрerіеnсe in the rеаlm оf chіld suррort and the оthеr fаcеts оf fаmіlу law, and you сan detеrmіnе this by rеseаrchіng their credеntiаls аnd bу аsking а lot of quеstіоns.
Yоu should nevеr bе afraid tо аsk quеstiоns befоrе уou pay аny money tо rеtаіn the lawуеr that you сhoosе.
As wіth аll child сare and wеlfаrе mattеrs, this one is sensіtivе аnd must be hаndlеd in a mаnner that wіll best suit the needs оf thе childrеn. Аt the tіme thаt a suрроrt ordеr іs mаde bіndіng bу thе cоurts оr the friend оf the cоurt, thе legal or раtеrnаl guardians аrе аllоwеd to submіt thеir own реtitiоn if theу are sо inclined аnd аblе tо rеaсh a favоrable аgrеemеnt.

Significant Sexual Harassment Decision

The plaintiff alleged a years-long pattern of sexual harassment of herself and other women by a supervisor, but did not complain of sexual harassment during her employment.  She was fired after she learned that the supervisor was living with a female co-worker, and reported it.  FedEx said she was fired for misconduct.  On July 16, 2012, the Magistrate Judge recommended the grant of summary judgment on all claims, including sexual harassment.

The basis of the recommendation was threefold:

(a) The Magistrate Judge found that the harassment was not unwelcome, severe or pervasive:

(1) The Magistrate Judge found that Plaintiff never actually rebuffed the harasser, who was her supervisor.  “Plaintiff testified: ‘I don’t recall exactly what I said. I might have said ‘stop’ laughingly and ‘go away.’ I don’t know how I reacted.’”   Plaintiff also pretended the conduct did not happen.  She did not say anything to the alleged harasser.  (There was also testimony that the workplace was pretty loose, with frequent horseplay among the employees.)

(2) Defendant argued: “Plaintiff claims that she was harassed by a manager because of sex, and other employees (both men and women) were favorites and targets of the manager who harassed her. None of the events complained of by Plaintiff were severe or pervasive, or extreme or atrocious.”

(3) Defendant also argued that the decision-maker on Plaintiff’s termination was not her supervisor, the alleged harasser, because he only notified higher management and only wanted to write a warning letter; it was a higher-level manager who decided to terminate Plaintiff, and the termination was upheld through all internal “Guaranteed Fair Opportunity” levels.

(4) The Magistrate Judge rejected plaintiff’s argument that the harassment affected her job performance, because she had excellent performance reviews prior to her firing allegedly for misconduct, and until oral argument had presented herself in the litigation as a stellar employee.

(b) The Magistrate Judge found that plaintiff never complained of the harasser’s actions against her until she filed her EEOC charge.  She knew of the company’s 24-hour toll-free alert line, and used it to complain anonymously of non-actionable favoritism towards a female co-worker with whom the supervisor was having a relationship, but never used it to complain of harassment against her.

(c) The Magistrate Judge found that defendant took reasonable and adequate steps to prevent harassment and to address any problems.  It had written policies prohibiting sexual harassment, and the alleged harasser was trained on its employment policies and completed training on sexual harassment awareness.  In addition, “Defendant’s Alert Line provides employees with an anonymous way to report employment issues or complaints, and someone in the human resources department investigates issues raised through the Alert Line.”

The Magistrate Judge found that there was no competent evidence to the contrary.

The district court rejected the Report and Recommendation as to the sexual harassment claim and denied defendant’s motion on that claim while granting it on all other claims.  There is a decent chance of success on appeal on some of the dismissed claims, but I am writing because of the important to other lawyers of the denial of summary judgment on the harassment claims.  The court held that Plaintiff made an adequate showing that:

(a) the conduct was severe or pervasive (“The plaintiff asserts DiPalma made sexually explicit comments to her, improperly touched her, and made offensive comments to her.”);

(b) Federal Express was not entitled to the FaragherEllerth affirmative defense:

(1) because Plaintiff suffered the tangible employment action of termination (even though the court granted summary judgment as to the sex discrimination claim as to the termination); and

(2) because the supervisor/alleged harasser “was involved in the decision to terminate the plaintiff’s employment and was the person who informed the plaintiff of this decision”;

(c) the conduct was imputable to Federal Express because there was evidence of the alleged harasser “engaging in harassing behavior toward other female employees.”  The court cited Fourth Circuit authority on the legal effect of this evidence on imputation of liability to the employer for harassing behavior by employees:

As for imputation, the plaintiff cites, in her objections, Paroline v. Unisys Corp., 879 F.2d 100 (4th Cir. 1989), vacated in part on a different issue,900 F.2d 27 (4th Cir. 1990) (per curiam).  In Paroline, the Fourth Circuit stated that “[i]n a hostile environment case under Title VII, we will impute liability to an employer who anticipated or reasonably should have anticipated that the plaintiff would become a victim of sexual harassment in the workplace and yet failed to take action reasonably calculated to prevent such harassment.  An employer’s knowledge that a male worker has previously harassed female employees other than the plaintiff will often prove highly relevant in deciding whether the employer should have anticipated that the plaintiff too would become a victim of the male employee’s harassing conduct.” Id. at 107.  

Rape (NYPL 130.25-130.35)

In 2013, the FBI Uniform Crime Reporting (UCR) program initiated collection of rape data under a revised definition within the Summary Reporting System. The study found that rape is grossly underreported in the United States.

The revised UCR definition of rape is: “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim”. Attempts or assaults to commit rape are also included. Statutory rape and incest are excluded.

Under 10 U.S. Code § 920 (Art. 120, Rape and Sexual Assault) a person is guilty of rape if commits a sexual act upon another person by:

  1. using unlawful force against that other person;
  2. using force causing or likely to cause death or grievous bodily harm to any person;
  3. threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
  4. first rendering that other person unconscious; or
  5. administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct

While definitions and terminology of rape vary by jurisdiction in the United States, the FBI revised its definition to eliminate a requirement that the crime involve an element of force. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age, as opposed to sex between a minor and a much older adult.

New York recognizes and punishes three degrees of rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred.

Rape in the third degree. N. Y. Penal Law § 130.25

Third degree rape includes sexual intercourse between a minor who is younger than 17 years old and a defendant who is at least 21 years old. A person less than 17 years old is deemed incapable of consent for purposes of the laws regarding criminal sex offenses.

A person is guilty of rape in the third degree when:

  1. He/she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old;
  2. Being 21 years old or more, he/she engages in sexual intercourse with another person less than 17 years old; or
  3. He/she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony , which incurs up to 4 years in prison.

Rape in the second degree. N. Y. Penal Law § 130.30

Second degree rape includes sexual intercourse between a minor who is younger than 15 years old and a defendant who is at least 18 and 4 or more years older than the minor. In New York, it is illegal for an adult or someone 18 or older to have sex with a minor or someone younger than 16, even if the sex is consensual.


A person is guilty of rape in the second degree when:

  1. Being 18 years old or more, he/she engages in sexual intercourse with another person less than 15 years old; or
  2. He/she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than 4 years older than the victim at the time of the act.

Rape in the second degree is a class D, which incurs up to 7 years in prison.

Rape in the first degree. N. Y. Penal Law § 130.35

Upon this section, sexual intercourse has its ordinary meaning and occurs upon any penetration, however slight, between a minor who is younger than 11 years old and a defendant of any age.

A person is guilty of rape in the first degree when he/she engages in sexual intercourse with another person:

  1. By forcible compulsion; or
  2. Who is incapable of consent by reason of being physically helpless; or
  3. Who is less than 11 years old; or
  4. Who is less than 13 years old and the actor is 18 old or more.

Forcible compulsion means compelling the victim through the use of physical force or the threat of immediate death, physical injury or kidnapping.

Rape in the first degree is a class B felony, which incurs at least 5 (and up to 25) years in prison.

It is absolutely vital that you do not hesitate to secure the legal assistance of a criminal defense lawyer. If you have been charged with rape, we can develop any defenses that might apply to your case.

For example, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. In New York, there is a partial Romeo and Juliet exemption for consensual sex between a minor who is 15 or 16 and someone who is younger than 21. There is also a partial exception when a minor is 11, 12, 13, or 14 years old, and a defendant is younger than 17.

Moreover, New York has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s adult spouse, even though their ages would prohibit it if they were not married.

Mistake of age is not a defense in New York.

The Crisis In Crimea in Terms of International Law and the Ukrainian Constitution

The Crimean conflict, which has turned into a power struggle between the Western world and Russia, and that has led to the implementation of various sanctions against Russia, triggered a number of legal red flags.  While Russia tries to justify the annexation, it does not seem legally justifiable under international law nor under the Constitution of Ukraine.

Historical Background

The Ottoman Empire was the Sovereign state over Crimea until the Treaty of Küçük Kaynarca (1774)—a peace treaty between the Ottoman Empire and the Russian Empire—ended. In 1921, after the Bolshevik Revolution took place in Russia, Crimea became an autonomous state under the USSR named: the ‘Crimean Autonomous Soviet Socialist Republic’(“Crimean Republic”). Many Russian civilians were placed in the Crimean Republic during the Stalin era in the 1930s, and the demographic structure of the region has changed greatly. On June 30, 1945, the Crimean Republic was abolished, and Crimea became a part of the Soviet Federalist Socialist Republic. Towards the end of World War II, and while Crimea was occupied by Germany, Stalin exiled 400,000 Crimean Tatars from Crimea to Central Asia and Siberia on the grounds that they cooperated with the Germans.

On February 19, 1954, Crimea was alienated to the Ukraine during the Khrushchev period by the Supreme Soviet Presidium of the USSR. During the collapse of the USSR, Ukraine proclaimed its independence after a referendum held in 1991. In this process, Crimea remained a part of the Ukraine as an ‘Autonomous State’. The Autonomous Republic of Crimea (“Autonomous Crimea”) is an integral part of the Ukraine according to Article 134, Section X of the 1996 Ukraine Constitution.[1]

The Crimean conflict started in November of 2013 within the political crisis in Ukraine when the pro-Moscow Ukrainian President Yanukovych cancelled the cooperation agreement with the EU.  Subsequently, crisis began to spread within the Crimean peninsula.  Russian soldiers under the name ‘local forces’ moved into Crimea and sieged the Crimean parliament. Under this pressure, on February 27, 2014, the Supreme Assembly of the Autonomous Crimea decided to hold a referendum that questions the option to annexation to the Russian Federation to be effective on March 16, 2014.[2] However, before the revelation of the result of the referendum, On March 6, 2014, the Supreme Assembly decided to be a part of the Russian Federation. Then the Supreme Assembly and the special status of Sevastopol City Council proclaimed the independence of Crimea by a decision taken on March 11, 2014.  The consultation was conducted on the basis of the UN Charter, various international texts, and the advisory opinion of the International Court of Justice on July 22, 2010. It was announced in the referendum that if Crimea becomes a part of the Russian Federation, the Autonomous Crimea, including the city of Sevastopol, will be announced as an independent and sovereign state. It has also been stated in the declaration of independence that it will be offered to the Russian Federation to accept Crimea as a part of the Russian Federation.

The referendum was held on March 16, 2014, and the results showed that nearly 97 percent of the Crimean citizenry favoured the decision. Crimean Tatars boycotted the referendum. On March 17, 2014, the Supreme Assembly of the Autonomous Crimea passed a resolution declaring their independence from the Ukraine and has requested to be a part of Russia.[3] On March 18, 2014, the Agreement between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea in the Russian Federation and on Forming New Constituent Entities within the Russian Federation was signed.[4]

The Current Situation According to the Constitution of Ukraine

The first issue to be considered is the legitimacy of the referendum decision by the High Council of the Autonomous Crimea according to the Constitution of Ukraine. The Referendum changed the borders of Ukraine and separated Crimea from the Ukraine. According to the Ukrainian Constitution, Ukrainian land is unitary (Art. 2,[5] 17,[6] 132[7]). Additionally, the Autonomous Crimea is an integral part of Ukraine (Art. 134[8]). So, the decision of the High Council of the Autonomous Crimea regarding the separation is against the territorial integrity of Ukraine. The territory of a state cannot be changed without its consent in international law. Borders can only be changed with the consent of the state. This consent can only be determined in the constitutional system of the government. In this case, changing the boundaries of the state may only be decided by a referendum to be held in all of Ukraine according to the Constitution of Ukraine (Art. 73).

However, the referendum on March 16, 2014 was only decided by the Autonomous Republic of Crimea. Therefore, the changing of the borders in a local referendum is not possible, and it is unconstitutional.[9] Although the Autonomous Republic of Crimea has the  power to organize and manage local referendums (Art. 138/2), the Constitution of Ukraine does not give any authority to Autonomous Crimea to secede. Therefore, the High Council of Autonomous Republic of Crimea has no authority to hold a referendum decision to secede. Indeed, the Ukrainian Supreme Council decision has taken a decision on February 28, 2014, referred to Ukraine’s independence and sovereignty, and territorial integrity. The Decision made a reference to the 05 December 1994 Budapest Memorandum,[10] which determines the current borders.

Another issue to consider is the legitimacy of the decisions by the High Council of the Autonomous Republic of Crimea. According to Article 135 of the Constitution of Ukraine, the decisions and regulations of the High Council of the Autonomous Crimea and the decisions of the Council of Ministers of Autonomous Republic of Crimea cannot be contrary to the Constitution and laws of the Ukraine. The outcome of the referendum, including the March 6, 2014, decision to be a part of the Russian Federation, as well as the independence proclamation dated March 11, 2014 are clearly invalid.

Indeed, the Ukrainian Supreme Council requested from the High Council of the Crimean Autonomous Republic to modify the decision taken on March 11, 2014 is contrary to Articles 1, 2, 20, 73, 133, 134, 137, and 138 of  the Ukrainian Constitution. The Ukrainian Supreme Council stated that the decision is related to foreign policy and, therefore, it is outside of jurisdiction of the High Council of the Autonomous Republic of Crimea, and has requested to review the decision in question. Ukraine stated that the failure to modify the decision to compile with Ukraine’s domestic law would be the termination of the authority of the High Council of Autonomous Republic of Crimea. On March 15, 2014, the Supreme Council of the Ukraine made a decision to terminate the powers of the High Council of the Autonomous Republic of Crimea.[11]

The Ukrainian Constitutional Court has found both the decision dated March 6, 2014 and the independence declaration of Sevastopol on March 11, 2014, contrary to the Constitution of Ukraine.

The Current Situation According to International Law

The first problem that comes to mind in terms of international law is whether  people living in Crimea has any right to self-determination. Under international law, the right of self-determination is granted to people living under colonial rule.[12]International law prohibits the unilateral declaration of independence. The right of self-determination cannot violate the integrity of a state. The declaration of independence on March 11, 2014 of the High Council of Autonomous Republic of Crimea and Sevastopol City Council is based on the advisory opinion of the International Court of Justice regarding Kosovo’s declaration of independence on July 22, 2010.[13] However, the advisory opinion cannot be a basis for the independence declaration. Because the International Court of Justice has only interpret the declaration of independence of Kosovo. It has not examined the reasons for the declaration of independence, and did not express an opinion on issues such as the right to self-determination and secession. It has only evaluated the legal legitimacy of the independence proclamation. International Court of Justice has focused on whether there are any rules that prohibit the proclamation of the declaration of independence in terms of international law.

In addition, each issue has different political and historical backgrounds. In Kosovo, ethnic cleansing against Albanians makes the case completely different. There is not even the slightest doubt that Russians has been exposed to discrimination in Crimea.[14] Therefore, the advisory opinion on Kosovo certainly cannot be an example for the Crimea. Moreover, it should not be forgotten that Russia does not recognize the Kosovo’s independence declaration.[15] For this reason, the declaration of independence by the Supreme Assembly of the Autonomous Republic of Crimea and Sevastopol City Council does not have any legal qualifications.

The Constitutional Court of Ukraine, in its judgment of March 20, 2014 stated that the declaration of independence of the Autonomous Crimea is contrary to the Constitution of Ukraine, and does not have any legal basis on self-determination and international law.