Following the German invasion of Estonia in 1941, Vares fled to
Soviet Russia, where he lived in exile from 1941 to 1944, until the Soviets reconquered Estonia. On 20 April 1944, the Electoral Committee of the Republic of Estonia (the institution specified in the Constitution for electing the Acting President of the Republic) held a clandestine meeting in Tallinn. The participants included
Jüri Uluots, the last Prime Minister of Estonia before the Soviet occupation, the substitute for Commander-in-Chief of the Armed Forces
Johan Holberg, the chairman of the Chamber of Deputies
Otto Pukk, the second deputy vice-chairman of the National Council
Alfred Maurer, and State judge
Mihkel Klaassen. The Committee declared Päts' appointment of Vares as Prime Minister had been illegal. Accordingly, it held that Uluots had assumed the President's duties from 21 June 1940 onwards. Since Estonia regained independence in 1990/91, it has maintained that all laws, decrees and treaties made in 1940–1941 in Soviet-occupied Estonia, including those of Vares' puppet government were legally invalid. The
upper house of Parliament had been dissolved soon after the 16–17 June 1940 Soviet invasion and was never reconvened, nor re-elected. According to the then
Constitution of Estonia, all laws had to pass both houses of parliament before being promulgated. This applied also to the new pro-Soviet 1940 "electoral law" under which the blatantly rigged
elections of 14–15 July 1940 were conducted. It was this
sham election that produced the so-called "
People's Riigikogu" which then declared Estonia a "Soviet republic" and "requested" to join the Soviet Union. On that basis, Estonia maintains that the electoral law was illegal and unconstitutional, rendering all acts of the "People's Riigikogu" void. Estonia also maintains that as a result, it did not need to follow the constitutional process of secession from the Soviet Union, since it was reasserting an independence that still
de jure existed. ==Return to Estonia and death==