Приклади вживання Western geopolitical Англійська мовою та їх переклад на Українською
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Yet, one should notforget that such inconsistencies are not unusual in Western geopolitical engagement.
In this manner the constitutional principle of the Western geopolitical orientation has narrowed the scope of the constitutional prohibition of the foreign military bases.
For his western backers, it is a way of irreversibly locking Ukraine into western geopolitical and geo-economic structures.
Historically, perhaps the Western geopolitical orientation can be traced even to the 14th century letters of the Grand Duke Gediminas to the European rulers and cities.
Another and even more important consequence is the high place in the hierarchy of the constitutional principles and values,assigned to the Western geopolitical orientation.
However, in Lithuania the constitutional principle of the Western geopolitical orientation is the most strongly expressed and developed.
Ladies and Gentlemen, the last issue I would like to addressis the implications of the constitutionally established principle of the Western geopolitical orientation.
Indeed, the Western geopolitical orientation, established by the Ukrainian Constitution, can be regarded as one of the most important coordinative constitutional principles.
Obviously, then the only real choice to become free from the Soviet past andthe Russian zone of influence was to pursue actively the Western geopolitical orientation.
As the achievement of the Revolution, the Western geopolitical choice has recently been consolidated at the constitutional level and now is under the strongest possible legal protection.
However, much more important is which duties for other State institutions, including judiciary,arise out of the constitutional principle of the Western geopolitical orientation.
Western geopolitical engineering has brought chaos to Georgia and launched a surge of Russophobic protests and anti-Russian hysteria, declared scores of Russian publications this week.
Another example from the case law of the LithuanianConstitutional Court concerns the impact of the principle of the Western geopolitical orientation on the constitutional basis of national economy.
It is due to the fact that the Western geopolitical orientation can be treated as the constitutional tradition that is closely related and follows from the above mentioned highest constitutional values.
Ladies and Gentlemen, at this point we come to the secondimportant issue in understanding the constitutional principle of the Western geopolitical orientation, i.e. the origins of this principle.
It has already proved that it is worth to consolidate the Western geopolitical orientation at the constitutional level, in order to ensure consistency and irreversibility of this course and even to strengthen the claims to the EU and NATO membership before these organizations.
However, the 26 February 2019 judgment of the Ukrainian Constitutional Court in the case on illicit enrichment,which was passed 5 days after the constitutional amendments regarding the Western geopolitical orientation had entered into force, is clearly a step to the opposite direction.
I would emphasize that the constitutional principle of the Western geopolitical orientation is addressed not only to the expressly mentioned state institutions(the Parliament, the President and the Government), but to all state bodies and branches of power, including judiciary.
What does it really require is the appropriate development of the interpretation of the Constitution, including by jurisprudential means, by opening the Constitution to the influence of the European law andby disclosing the‘living' content of the Constitution that has to evolve together with the requirements of the Western geopolitical orientation.
Together with such constitutional principles,as the rule of law and the supremacy of the Constitution, the Western geopolitical orientation ensures the harmony and integrity of all the constitutional principles, values and provisions.
We can find the Western geopolitical orientation in its modern sense implied from the provision of the Declaration, which declared the commitment of the State of Lithuania to full implementation of“the true principles of democracy stemming from the understanding of Christian morality and declared in the Atlantic Charter, the Declaration of Human Rights and other declarations of justice and freedom“, as well from the appeal to all of the democratic world for assistance.
Regrettably, the Ukrainian ConstitutionalCourt missed the opportunity to explore the principle of the Western geopolitical orientation in its 22 November 2018 conclusion on constitutionality of the draft constitutional amendments regarding the strategic course towards the EU and NATO membership.
Most probably, this principle should take the next place after the eternal principles of the Ukrainian Constitution, such as the independence, the territorial integrity and the respect of human rights, i.e. it should be recognized as unchangeable or possible to change by a particularly qualified procedure(therefore,in future the Western geopolitical orientation could be also applied as one of the criteria for constitutionality of constitutional amendments).
No less important is that, due to the principle of the Western geopolitical orientation, the EU law, including the case law of the EU Court of Justice, even the good practices of national courts of the EU and NATO countries should be perceived as the sources for the interpretation of the Constitution.
Apart Lithuania, I can also mention such examples as Montenegro, Hungary, and the Czech Republic,which national constitutions contain statements on the Western geopolitical orientation in their preambles(e.g., similarly to Ukraine, in the Preamble of the Constitution of Montenegro there is the statement on the European and Euro-Atlantic integration).
Finally, the most important is that,due to the constitutional principle of the Western geopolitical orientation, the EU standards, including the Charter of Fundamental Rights(and the European Convention on Human Rights referred in the EU Treaty), have to be regarded as the constitutionally required minimum for the protection of human rights.
I am sure that there should be the acts of the Ukrainian Resistance against the Soviet Union,in which we could find the origins of the modern understanding of the Western geopolitical orientation of Ukraine(historically, perhaps we can trace the origins of this principle to the 1710 Pylyp Orlyk Constitution or the 3 May 1791 Constitution, or to the acts of the Ukrainian People's Republic).
Thus, the main advantage of the constitutional principle of the Western geopolitical orientation for all Ukrainian people is that any person, relying on the Constitution of Ukraine, is entitled to request from judiciary and other law applying authorities not less favourable treatment than he or she would receive under the EU law.
Ladies and Gentlemen,the third issue I wanted to touch is that the constitutional principle of the Western geopolitical orientation should be perceived as consisting of two interrelated elements(as stated by the Lithuanian Constitutional Court in the 24 January 2014 ruling, the textual expression of this principle in negative and positive aspects).
He said Hungary was not prepared tosacrifice the interests of 150,000 ethnic Hungarians in western Ukraine to geopolitical interests.