The purpose of this thesis is to analyze, is there a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea? This study is specifically concerned with Russia's grant of citizenship to citizens of annexed Crimea under requirements of the international law. The main aim of this thesis is that the Russian Federation had annexed Crimea, a part of Ukraine. After annexation the parliament of Russia adopted the constitutional act. According to this constitutional act, citizens of Ukraine residing in Crimea are recognized as citizens of Russia. Under the Constitution of Ukraine there is no recognition of multiple citizenship; so voluntary acquisition of foreign citizenship is one of the grounds for initiating a procedure of terminating Ukrainian citizenship. However, Ukrainian officials stated that Ukraine will continue considering Crimean residents, including those who will apply and will be issued Russian passports, as citizens of Ukraine and will guarantee them political and economic rights. Migration Service of Ukraine stated that Ukrainian citizenship can be terminated only after a person who permanently lives abroad; acquires another citizenship and then applies to have his Ukrainian citizenship terminated. Citizenship termination comes into effect after the President of Ukraine signs a decree on this matter. It means that no act of the Russian Federation can terminate the citizenship of Ukrainian citizens. The thesis has three major purposes: 1) to analyze granting and recognition of citizenship under requirements of the international law; 2) to analyze, if Federal law on the Russian Federation citizenship meets requirements of the international law; 3) to analyze, is there a duty of states, under international law, to recognize Russia's grant of citizenship to citizens of annexed Crimea. Initial hypothesis researched in this thesis is that there is no duty of states, under international law, to recognize Russia's grant of citizenship to citizens of annexed Crimea. Main methods were employed in this study: research of international law documents establishing rules of granting and recognizing citizenship under international law; analysis of documents of international law establishing rules of granting and recognizing citizenship under international law; comparative method to find out if Russia's law on citizenship met rules under international law; analysis of other international documents to find out, if there is a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea. The thesis is composed of three chapters. First chapter identifies and analyzes documents of the international law establishing rules of granting and recognizing citizenship under international law. Analysis covers acquisition of nationality, loss of nationality, requirements to persons who want to acquire nationality, dual citizenship and diplomatic protection in foreign state. Second chapter identifies Russian federation law of citizenship; and analyzes if this law meet rules under international law of citizenship. Third chapter analyzes, if there is a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea. It was found that each state under its own law; determines who are its nationals, and under what requirements. The other states have to recognize that law if it meets international treaties and principles of international law. One conclusion was that even if the law of the Russian Federation meets all requirements for nationality of the European convention on Nationality; this law cannot be applicable to the citizens of annexed Crimea. Most members of the General Assembly of the United Nations had voted and affirmed its commitment to Ukraine's sovereignty, political independence, unity, and territorial integrity within its internationally recognized borders. On the basis of the results of this research, it can be concluded that there is no duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea on these grounds: 1) Most members of General Assembly affirmed its commitment to Ukraine's sovereignty, unity and territorial integrity within its internationally recognized borders; It is possible to have multinational citizenship in some states, meanwhile, it is impossible to have it in the others. 2) The Government of Ukraine stated that all citizens of annexed Crimea are citizens of Ukraine, because acquisition of citizenship of Russia's federation was not voluntarily. 3) Annexed territory of Crimea is de jure territory of Ukraine; it means that under international law, law of the Russia's federation cannot be applicable in the territory of the annexed Crimea. Initial hypothesis has been proved.
The purpose of this thesis is to analyze, is there a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea? This study is specifically concerned with Russia's grant of citizenship to citizens of annexed Crimea under requirements of the international law. The main aim of this thesis is that the Russian Federation had annexed Crimea, a part of Ukraine. After annexation the parliament of Russia adopted the constitutional act. According to this constitutional act, citizens of Ukraine residing in Crimea are recognized as citizens of Russia. Under the Constitution of Ukraine there is no recognition of multiple citizenship; so voluntary acquisition of foreign citizenship is one of the grounds for initiating a procedure of terminating Ukrainian citizenship. However, Ukrainian officials stated that Ukraine will continue considering Crimean residents, including those who will apply and will be issued Russian passports, as citizens of Ukraine and will guarantee them political and economic rights. Migration Service of Ukraine stated that Ukrainian citizenship can be terminated only after a person who permanently lives abroad; acquires another citizenship and then applies to have his Ukrainian citizenship terminated. Citizenship termination comes into effect after the President of Ukraine signs a decree on this matter. It means that no act of the Russian Federation can terminate the citizenship of Ukrainian citizens. The thesis has three major purposes: 1) to analyze granting and recognition of citizenship under requirements of the international law; 2) to analyze, if Federal law on the Russian Federation citizenship meets requirements of the international law; 3) to analyze, is there a duty of states, under international law, to recognize Russia's grant of citizenship to citizens of annexed Crimea. Initial hypothesis researched in this thesis is that there is no duty of states, under international law, to recognize Russia's grant of citizenship to citizens of annexed Crimea. Main methods were employed in this study: research of international law documents establishing rules of granting and recognizing citizenship under international law; analysis of documents of international law establishing rules of granting and recognizing citizenship under international law; comparative method to find out if Russia's law on citizenship met rules under international law; analysis of other international documents to find out, if there is a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea. The thesis is composed of three chapters. First chapter identifies and analyzes documents of the international law establishing rules of granting and recognizing citizenship under international law. Analysis covers acquisition of nationality, loss of nationality, requirements to persons who want to acquire nationality, dual citizenship and diplomatic protection in foreign state. Second chapter identifies Russian federation law of citizenship; and analyzes if this law meet rules under international law of citizenship. Third chapter analyzes, if there is a duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea. It was found that each state under its own law; determines who are its nationals, and under what requirements. The other states have to recognize that law if it meets international treaties and principles of international law. One conclusion was that even if the law of the Russian Federation meets all requirements for nationality of the European convention on Nationality; this law cannot be applicable to the citizens of annexed Crimea. Most members of the General Assembly of the United Nations had voted and affirmed its commitment to Ukraine's sovereignty, political independence, unity, and territorial integrity within its internationally recognized borders. On the basis of the results of this research, it can be concluded that there is no duty of states to recognize Russia's grant of citizenship to citizens of annexed Crimea on these grounds: 1) Most members of General Assembly affirmed its commitment to Ukraine's sovereignty, unity and territorial integrity within its internationally recognized borders; It is possible to have multinational citizenship in some states, meanwhile, it is impossible to have it in the others. 2) The Government of Ukraine stated that all citizens of annexed Crimea are citizens of Ukraine, because acquisition of citizenship of Russia's federation was not voluntarily. 3) Annexed territory of Crimea is de jure territory of Ukraine; it means that under international law, law of the Russia's federation cannot be applicable in the territory of the annexed Crimea. Initial hypothesis has been proved.
The subject of the master's work is the Budapest Memorandum. The purpose of the work is to consider the significance of the Budapest Memorandum, as well as the causes and consequences of its violations. The main objectives of the work: to explore the development of international relations between the Republic of Belarus, the European Union and the Russian Federation in the XX century; to determine the role of international law in resolving the political crisis in the Republic of Belarus by the example of an analysis of the Budapest memorandum; assess the prospects for the development of international law with regard to the provision of guarantees and territorial integrity to the countries-participants of potential conflicts. The methodological basis is the method of system analysis, comparative historical method, structural and functional analysis, forecasting method. All these methods allowed, on the basis of a thorough study of sources, academic literature, media, Internet sources and interviews, to study the chosen scientific problem. The presented work, combining the method of system analysis, comparative historical method, structural and functional analysis, forecasting method, is an analysis of the Budapest memorandum and an attempt to identify the causes of violation of the memorandum articles in relation to the Republic of Belarus. In the framework of this work, little-known facts were examined about the interference of the guarantor country of the Budapest memorandum of the Russian Federation in the internal affairs of the Republic of Belarus. The study may serve as another argument for creating an international negotiating platform for resolving a conflict situation. The fist document of nuclear disarmament of the Republic Belarus was State Sovereignty Declaration (the 27th of July 1990) which said that Belarus declared its intention to become a permanently neutral state in the future, which won't place military forces of other countries and refuses nuclear weapons. After signing Lisbon Protocol in 1992 Belarus arranged the membership in the Treaty of Strategic Offensive Reduction (START I Treaty), which supposed that Belarus is the follower of Soviet Union in the part of following the agreement the START I Treaty, but not in the part of nuclear weapons. On the 22 of July 1993 Belarus officially joined the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and became the first state which willingly rejected owning nuclear weapons, which was left after the collapse of the USSR. Welcoming the fact of joining of the Republic Belarus in the Treaty on the Non-Proliferation of Nuclear Weapons on the 23d of May 1992 as a non-nuclear state, the UK, Russia and the USA provided Belarus with the guaranty of safety and fixed their responsibilities in Budapest memorandum on the 5th of December 1994. According to Budapest memorandum this guaranty is the realization of Helsinki act of OSCE 1975 concerning Belarus and Ukraine. By the rejection of nuclear weapons in exchange of safety guaranty on UN principles Belarus and Ukraine have strengthened the international regime of non-spreading of nuclear weapons and Euro-Atlantic safety in general. At the same time with signing Budapest memorandum of safety guaranties of Belarus and Ukraine OSCE behavior code concerning military-political safety aspects was adopted. The analyses of Budapest memorandum text shows that this international document after its creation created for signing countries-the USA, the UK and Russia-the responsibilities of providing territorial safety and political sovereignty of Belarus and Ukraine in return of handing in the nuclear weapons to Russia by these countries, and later Belarus and Ukraine got the following guaranties for the China and France which joined later-from force threat or its usage against the territorial safety and political independence (p.2 of Budapest memorandum),from economical force, aimed at realization of sovereignty state rights for their own interests and gaining any advantages in this way(p.3 of Budapest memorandum) On the 22 of November 1996 due to Russia's interference into the internal affairs of sovereignty Belarus and agreement was made "About public-political situation and constitutional reform in Belarus" which allowed the president to hold a referendum on the 24th of November 1996 about the changing of the constitution of Belarus. Using the political interference into the internal affairs of Belarus, Russia in November 1996 broke p. 2 and p. 3 of Budapest memorandum, putting pressure on the Supreme council and the Constitutional court and putting the Belorussian economy in dependence of Russian preferences. Concerning Ukraine Russia broke p.2 of Budapest memorandum "avoid force threat or its usage against territorial safety. On these points which refer to Budapest memorandum the international policy of non-recognition of the changed status of Autonomous Republic of the Crimea and the city of Sevastopol and their annexation by Russia is based (according to the referendum in the Crimea on the 14th of March 2014.The 9th of April 2014 Parliamentary Assembly of the Council of Europe (PACE) in its resolution 1988(2014) The failure of Budapest memorandum of 1994 which had to provide safety guaranties for Ukraine and Belarus has really undermined the trust to the similar documents which don't have the legal power, which Russia and the West could offer to other countries. Signing of such guaranties by the resolution of the safety council of the UN would make them legally compulsory. At the moment between governments of Russian and Belarus are negotiating about signing the programs of profound integration within the agreement about the Union state from the 26th of January 2000, the Union state of Belarus and Russia together with the Ukrainian territory-the Republic of the Crimea and the city of Sevastopol will undermine the international regime about non-spreading of nuclear weapons and the Euro-Atlantic safety system.
The subject of the master's work is the Budapest Memorandum. The purpose of the work is to consider the significance of the Budapest Memorandum, as well as the causes and consequences of its violations. The main objectives of the work: to explore the development of international relations between the Republic of Belarus, the European Union and the Russian Federation in the XX century; to determine the role of international law in resolving the political crisis in the Republic of Belarus by the example of an analysis of the Budapest memorandum; assess the prospects for the development of international law with regard to the provision of guarantees and territorial integrity to the countries-participants of potential conflicts. The methodological basis is the method of system analysis, comparative historical method, structural and functional analysis, forecasting method. All these methods allowed, on the basis of a thorough study of sources, academic literature, media, Internet sources and interviews, to study the chosen scientific problem. The presented work, combining the method of system analysis, comparative historical method, structural and functional analysis, forecasting method, is an analysis of the Budapest memorandum and an attempt to identify the causes of violation of the memorandum articles in relation to the Republic of Belarus. In the framework of this work, little-known facts were examined about the interference of the guarantor country of the Budapest memorandum of the Russian Federation in the internal affairs of the Republic of Belarus. The study may serve as another argument for creating an international negotiating platform for resolving a conflict situation. The fist document of nuclear disarmament of the Republic Belarus was State Sovereignty Declaration (the 27th of July 1990) which said that Belarus declared its intention to become a permanently neutral state in the future, which won't place military forces of other countries and refuses nuclear weapons. After signing Lisbon Protocol in 1992 Belarus arranged the membership in the Treaty of Strategic Offensive Reduction (START I Treaty), which supposed that Belarus is the follower of Soviet Union in the part of following the agreement the START I Treaty, but not in the part of nuclear weapons. On the 22 of July 1993 Belarus officially joined the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and became the first state which willingly rejected owning nuclear weapons, which was left after the collapse of the USSR. Welcoming the fact of joining of the Republic Belarus in the Treaty on the Non-Proliferation of Nuclear Weapons on the 23d of May 1992 as a non-nuclear state, the UK, Russia and the USA provided Belarus with the guaranty of safety and fixed their responsibilities in Budapest memorandum on the 5th of December 1994. According to Budapest memorandum this guaranty is the realization of Helsinki act of OSCE 1975 concerning Belarus and Ukraine. By the rejection of nuclear weapons in exchange of safety guaranty on UN principles Belarus and Ukraine have strengthened the international regime of non-spreading of nuclear weapons and Euro-Atlantic safety in general. At the same time with signing Budapest memorandum of safety guaranties of Belarus and Ukraine OSCE behavior code concerning military-political safety aspects was adopted. The analyses of Budapest memorandum text shows that this international document after its creation created for signing countries-the USA, the UK and Russia-the responsibilities of providing territorial safety and political sovereignty of Belarus and Ukraine in return of handing in the nuclear weapons to Russia by these countries, and later Belarus and Ukraine got the following guaranties for the China and France which joined later-from force threat or its usage against the territorial safety and political independence (p.2 of Budapest memorandum),from economical force, aimed at realization of sovereignty state rights for their own interests and gaining any advantages in this way(p.3 of Budapest memorandum) On the 22 of November 1996 due to Russia's interference into the internal affairs of sovereignty Belarus and agreement was made "About public-political situation and constitutional reform in Belarus" which allowed the president to hold a referendum on the 24th of November 1996 about the changing of the constitution of Belarus. Using the political interference into the internal affairs of Belarus, Russia in November 1996 broke p. 2 and p. 3 of Budapest memorandum, putting pressure on the Supreme council and the Constitutional court and putting the Belorussian economy in dependence of Russian preferences. Concerning Ukraine Russia broke p.2 of Budapest memorandum "avoid force threat or its usage against territorial safety. On these points which refer to Budapest memorandum the international policy of non-recognition of the changed status of Autonomous Republic of the Crimea and the city of Sevastopol and their annexation by Russia is based (according to the referendum in the Crimea on the 14th of March 2014.The 9th of April 2014 Parliamentary Assembly of the Council of Europe (PACE) in its resolution 1988(2014) The failure of Budapest memorandum of 1994 which had to provide safety guaranties for Ukraine and Belarus has really undermined the trust to the similar documents which don't have the legal power, which Russia and the West could offer to other countries. Signing of such guaranties by the resolution of the safety council of the UN would make them legally compulsory. At the moment between governments of Russian and Belarus are negotiating about signing the programs of profound integration within the agreement about the Union state from the 26th of January 2000, the Union state of Belarus and Russia together with the Ukrainian territory-the Republic of the Crimea and the city of Sevastopol will undermine the international regime about non-spreading of nuclear weapons and the Euro-Atlantic safety system.
Due to the paradigmic powers of the constitutional courts to verify the conformity of legal acts with the constitution, researchers of these institutions have focused exclusively on them and devoted little attention to other gruops of powers of the constitutional justice institutions. This tendency is strong both in foreign and in Lithuanian law research works. In order to at least partially fill this gap in legal science, this study examines the issue of modifying the constitutional justice model entrenched in the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania, namely in the area of conclusions given by the Constitutional Court. Although the discussions about the development of other elements of this group of powers of Constitutional Court are also possible, but the object of this research is objects and subjects of consideration of inquiries regarding the conclusions of the Constitutional Court. The aim of this research is to discuss the needs, preconditions and possibilities for modifying the legal regulation entrenched in the Constitution and the Law on the Constitutional Court, regulating the objects and subjects of the powers in question. In order to provide a basis for further research, in the first chapter of the study the typology of the powers of constitutional justice institutions, as well as the development of the Lithuanian constitutional justice model is discussed. The second section of the study discusses the possibilities of modifying the existing objects of consideration of the inquiries requesting a conclusion of the Constitutional Court, as well as for expanding the list of objects of consideration of these inquiries with the competence commonly observed to be conferred on constitutional justice institutions in other European states. The third part of the study analyzes the needs for modifying the subjects of the consideration of the inquiry requesting a conclusion. This section discusses not only the needs of expanding the list of the subjects authorised to initiate these proceedings, but also the circle of the persons participating in constitutional justice proceedings dealing with inquiries requesting a conclusion and other participants to such type of constitutional justice cases. In order to answer the questions of this study, first of all normative sources were analyzed: Constitution, also the Law on the Constitutional Court and other legislative acts related to the discussed powers of the Constitutional Court. In order to compare the scope of the powers of the constitutional justice institutions of Lithuania and other European states (in the discussed area) foreign legal acts falling under the present research (constitutions of foreign states, laws on constitutional courts, rules of constitutional courts) were also analyzed. A particularly important role in this study plays the analysis of jurisprudential sources: the basic source in this group is the final and non-final acts of the Constitutional Court of the Republic of Lithuania, as well as other materials of constitutional justice cases, not excluding the decisions of Supreme Administrative Court of Lithuania and the acts of constitutional justice institutions of foreign states. In this work were also analysed relevant to the study public opinion surveys, statistical data and special literature. This study lead to the conclusion, that in comparison with the powers conferred on the constitutional courts (in the discussed area) of other European states, the competence of the Constitutional Court of the Republic of Lithuania is relatively narrow. The analysis of the legal regulation regulating the powers of the Constitutional Court to consider the inquires requesting conclusions has revealed, that there are certain problems requiring legal regulation adjustment both in the area of objects and subjects of consideration of the inquiries requesting a conclusion of the Constitutional Court. Public survey results show that a significant part of society is prepared for expanding the competence of the Constitutional Court, vesting it with additional functions, strengthening its powers, as well as increasing its accessibility. Therefore, consideration should be given to the preconditions for enhancing the powers of the Constitutional Court not only by introducing the individual constitutional complaint institution, but also by reinforcing the powers of the Constitutional Court in the area of its conclusions. The study also draws the conclusion that the currently existing objects of these proceedings could be modified: 1) by expanding the list of officials specified in the Constitution who may be removed from office through impeachment proceedings and extending it to the president and justices of the Supreme Administrative Court of Lithuania; 2) by granting the Constitutional Court the right to apply the temporary protection measure of the suspension of the powers of the officials concerned in cases concerning impeachment proceedings. Upon assessing the possibilities for expanding the list of objects of these proceedings, the study leads to the conclusion that this list should also include the powers of the Constitutional Court to exercise the a priori assessment of the constitutionality of issues put to a referendum. In the area of subjects of the inquiries requesting a conclusion some practical problems arise due to the limited circle of subjects authorised to initiate constitutional justice cases regarding the breaches of electoral laws and the constitutionality of international treaties of the Republic of Lithuania: candidates participating in parliamentary and presidential elections or subjects who have nominated such candidates remain the ones most interested in the outcome of proceedings regarding the violations of electoral laws; therefore, the fact that they have no right to directly apply to the Constitutional Court regarding the violations of electoral laws poses an obstacle to the effective defence of their violated electoral rights. In addition, the applications brought before the Constitutional Court and the practice of foreign states underline the need to expand the circle of subjects entitled to directly address the Constitutional Court in cases concerning the constitutionality of international treaties following their ratification, as well as concerning the constitutionality of laws on their ratification. The Law on the Constitutional Court contains no provision specifying who should be considered a party concerned in constitutional justice cases instituted regarding the violations of electoral laws, or in cases concerning the constitutionality of international treaties of the Republic of Lithuania; consequently, practical uncertainties arise in the course of considering these cases, since a significant part of procedural rights depends on whether a particular subject is recognised as a party concerned.
Due to the paradigmic powers of the constitutional courts to verify the conformity of legal acts with the constitution, researchers of these institutions have focused exclusively on them and devoted little attention to other gruops of powers of the constitutional justice institutions. This tendency is strong both in foreign and in Lithuanian law research works. In order to at least partially fill this gap in legal science, this study examines the issue of modifying the constitutional justice model entrenched in the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania, namely in the area of conclusions given by the Constitutional Court. Although the discussions about the development of other elements of this group of powers of Constitutional Court are also possible, but the object of this research is objects and subjects of consideration of inquiries regarding the conclusions of the Constitutional Court. The aim of this research is to discuss the needs, preconditions and possibilities for modifying the legal regulation entrenched in the Constitution and the Law on the Constitutional Court, regulating the objects and subjects of the powers in question. In order to provide a basis for further research, in the first chapter of the study the typology of the powers of constitutional justice institutions, as well as the development of the Lithuanian constitutional justice model is discussed. The second section of the study discusses the possibilities of modifying the existing objects of consideration of the inquiries requesting a conclusion of the Constitutional Court, as well as for expanding the list of objects of consideration of these inquiries with the competence commonly observed to be conferred on constitutional justice institutions in other European states. The third part of the study analyzes the needs for modifying the subjects of the consideration of the inquiry requesting a conclusion. This section discusses not only the needs of expanding the list of the subjects authorised to initiate these proceedings, but also the circle of the persons participating in constitutional justice proceedings dealing with inquiries requesting a conclusion and other participants to such type of constitutional justice cases. In order to answer the questions of this study, first of all normative sources were analyzed: Constitution, also the Law on the Constitutional Court and other legislative acts related to the discussed powers of the Constitutional Court. In order to compare the scope of the powers of the constitutional justice institutions of Lithuania and other European states (in the discussed area) foreign legal acts falling under the present research (constitutions of foreign states, laws on constitutional courts, rules of constitutional courts) were also analyzed. A particularly important role in this study plays the analysis of jurisprudential sources: the basic source in this group is the final and non-final acts of the Constitutional Court of the Republic of Lithuania, as well as other materials of constitutional justice cases, not excluding the decisions of Supreme Administrative Court of Lithuania and the acts of constitutional justice institutions of foreign states. In this work were also analysed relevant to the study public opinion surveys, statistical data and special literature. This study lead to the conclusion, that in comparison with the powers conferred on the constitutional courts (in the discussed area) of other European states, the competence of the Constitutional Court of the Republic of Lithuania is relatively narrow. The analysis of the legal regulation regulating the powers of the Constitutional Court to consider the inquires requesting conclusions has revealed, that there are certain problems requiring legal regulation adjustment both in the area of objects and subjects of consideration of the inquiries requesting a conclusion of the Constitutional Court. Public survey results show that a significant part of society is prepared for expanding the competence of the Constitutional Court, vesting it with additional functions, strengthening its powers, as well as increasing its accessibility. Therefore, consideration should be given to the preconditions for enhancing the powers of the Constitutional Court not only by introducing the individual constitutional complaint institution, but also by reinforcing the powers of the Constitutional Court in the area of its conclusions. The study also draws the conclusion that the currently existing objects of these proceedings could be modified: 1) by expanding the list of officials specified in the Constitution who may be removed from office through impeachment proceedings and extending it to the president and justices of the Supreme Administrative Court of Lithuania; 2) by granting the Constitutional Court the right to apply the temporary protection measure of the suspension of the powers of the officials concerned in cases concerning impeachment proceedings. Upon assessing the possibilities for expanding the list of objects of these proceedings, the study leads to the conclusion that this list should also include the powers of the Constitutional Court to exercise the a priori assessment of the constitutionality of issues put to a referendum. In the area of subjects of the inquiries requesting a conclusion some practical problems arise due to the limited circle of subjects authorised to initiate constitutional justice cases regarding the breaches of electoral laws and the constitutionality of international treaties of the Republic of Lithuania: candidates participating in parliamentary and presidential elections or subjects who have nominated such candidates remain the ones most interested in the outcome of proceedings regarding the violations of electoral laws; therefore, the fact that they have no right to directly apply to the Constitutional Court regarding the violations of electoral laws poses an obstacle to the effective defence of their violated electoral rights. In addition, the applications brought before the Constitutional Court and the practice of foreign states underline the need to expand the circle of subjects entitled to directly address the Constitutional Court in cases concerning the constitutionality of international treaties following their ratification, as well as concerning the constitutionality of laws on their ratification. The Law on the Constitutional Court contains no provision specifying who should be considered a party concerned in constitutional justice cases instituted regarding the violations of electoral laws, or in cases concerning the constitutionality of international treaties of the Republic of Lithuania; consequently, practical uncertainties arise in the course of considering these cases, since a significant part of procedural rights depends on whether a particular subject is recognised as a party concerned.
Due to the paradigmic powers of the constitutional courts to verify the conformity of legal acts with the constitution, researchers of these institutions have focused exclusively on them and devoted little attention to other gruops of powers of the constitutional justice institutions. This tendency is strong both in foreign and in Lithuanian law research works. In order to at least partially fill this gap in legal science, this study examines the issue of modifying the constitutional justice model entrenched in the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania, namely in the area of conclusions given by the Constitutional Court. Although the discussions about the development of other elements of this group of powers of Constitutional Court are also possible, but the object of this research is objects and subjects of consideration of inquiries regarding the conclusions of the Constitutional Court. The aim of this research is to discuss the needs, preconditions and possibilities for modifying the legal regulation entrenched in the Constitution and the Law on the Constitutional Court, regulating the objects and subjects of the powers in question. In order to provide a basis for further research, in the first chapter of the study the typology of the powers of constitutional justice institutions, as well as the development of the Lithuanian constitutional justice model is discussed. The second section of the study discusses the possibilities of modifying the existing objects of consideration of the inquiries requesting a conclusion of the Constitutional Court, as well as for expanding the list of objects of consideration of these inquiries with the competence commonly observed to be conferred on constitutional justice institutions in other European states. The third part of the study analyzes the needs for modifying the subjects of the consideration of the inquiry requesting a conclusion. This section discusses not only the needs of expanding the list of the subjects authorised to initiate these proceedings, but also the circle of the persons participating in constitutional justice proceedings dealing with inquiries requesting a conclusion and other participants to such type of constitutional justice cases. In order to answer the questions of this study, first of all normative sources were analyzed: Constitution, also the Law on the Constitutional Court and other legislative acts related to the discussed powers of the Constitutional Court. In order to compare the scope of the powers of the constitutional justice institutions of Lithuania and other European states (in the discussed area) foreign legal acts falling under the present research (constitutions of foreign states, laws on constitutional courts, rules of constitutional courts) were also analyzed. A particularly important role in this study plays the analysis of jurisprudential sources: the basic source in this group is the final and non-final acts of the Constitutional Court of the Republic of Lithuania, as well as other materials of constitutional justice cases, not excluding the decisions of Supreme Administrative Court of Lithuania and the acts of constitutional justice institutions of foreign states. In this work were also analysed relevant to the study public opinion surveys, statistical data and special literature. This study lead to the conclusion, that in comparison with the powers conferred on the constitutional courts (in the discussed area) of other European states, the competence of the Constitutional Court of the Republic of Lithuania is relatively narrow. The analysis of the legal regulation regulating the powers of the Constitutional Court to consider the inquires requesting conclusions has revealed, that there are certain problems requiring legal regulation adjustment both in the area of objects and subjects of consideration of the inquiries requesting a conclusion of the Constitutional Court. Public survey results show that a significant part of society is prepared for expanding the competence of the Constitutional Court, vesting it with additional functions, strengthening its powers, as well as increasing its accessibility. Therefore, consideration should be given to the preconditions for enhancing the powers of the Constitutional Court not only by introducing the individual constitutional complaint institution, but also by reinforcing the powers of the Constitutional Court in the area of its conclusions. The study also draws the conclusion that the currently existing objects of these proceedings could be modified: 1) by expanding the list of officials specified in the Constitution who may be removed from office through impeachment proceedings and extending it to the president and justices of the Supreme Administrative Court of Lithuania; 2) by granting the Constitutional Court the right to apply the temporary protection measure of the suspension of the powers of the officials concerned in cases concerning impeachment proceedings. Upon assessing the possibilities for expanding the list of objects of these proceedings, the study leads to the conclusion that this list should also include the powers of the Constitutional Court to exercise the a priori assessment of the constitutionality of issues put to a referendum. In the area of subjects of the inquiries requesting a conclusion some practical problems arise due to the limited circle of subjects authorised to initiate constitutional justice cases regarding the breaches of electoral laws and the constitutionality of international treaties of the Republic of Lithuania: candidates participating in parliamentary and presidential elections or subjects who have nominated such candidates remain the ones most interested in the outcome of proceedings regarding the violations of electoral laws; therefore, the fact that they have no right to directly apply to the Constitutional Court regarding the violations of electoral laws poses an obstacle to the effective defence of their violated electoral rights. In addition, the applications brought before the Constitutional Court and the practice of foreign states underline the need to expand the circle of subjects entitled to directly address the Constitutional Court in cases concerning the constitutionality of international treaties following their ratification, as well as concerning the constitutionality of laws on their ratification. The Law on the Constitutional Court contains no provision specifying who should be considered a party concerned in constitutional justice cases instituted regarding the violations of electoral laws, or in cases concerning the constitutionality of international treaties of the Republic of Lithuania; consequently, practical uncertainties arise in the course of considering these cases, since a significant part of procedural rights depends on whether a particular subject is recognised as a party concerned.
Due to the paradigmic powers of the constitutional courts to verify the conformity of legal acts with the constitution, researchers of these institutions have focused exclusively on them and devoted little attention to other gruops of powers of the constitutional justice institutions. This tendency is strong both in foreign and in Lithuanian law research works. In order to at least partially fill this gap in legal science, this study examines the issue of modifying the constitutional justice model entrenched in the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania, namely in the area of conclusions given by the Constitutional Court. Although the discussions about the development of other elements of this group of powers of Constitutional Court are also possible, but the object of this research is objects and subjects of consideration of inquiries regarding the conclusions of the Constitutional Court. The aim of this research is to discuss the needs, preconditions and possibilities for modifying the legal regulation entrenched in the Constitution and the Law on the Constitutional Court, regulating the objects and subjects of the powers in question. In order to provide a basis for further research, in the first chapter of the study the typology of the powers of constitutional justice institutions, as well as the development of the Lithuanian constitutional justice model is discussed. The second section of the study discusses the possibilities of modifying the existing objects of consideration of the inquiries requesting a conclusion of the Constitutional Court, as well as for expanding the list of objects of consideration of these inquiries with the competence commonly observed to be conferred on constitutional justice institutions in other European states. The third part of the study analyzes the needs for modifying the subjects of the consideration of the inquiry requesting a conclusion. This section discusses not only the needs of expanding the list of the subjects authorised to initiate these proceedings, but also the circle of the persons participating in constitutional justice proceedings dealing with inquiries requesting a conclusion and other participants to such type of constitutional justice cases. In order to answer the questions of this study, first of all normative sources were analyzed: Constitution, also the Law on the Constitutional Court and other legislative acts related to the discussed powers of the Constitutional Court. In order to compare the scope of the powers of the constitutional justice institutions of Lithuania and other European states (in the discussed area) foreign legal acts falling under the present research (constitutions of foreign states, laws on constitutional courts, rules of constitutional courts) were also analyzed. A particularly important role in this study plays the analysis of jurisprudential sources: the basic source in this group is the final and non-final acts of the Constitutional Court of the Republic of Lithuania, as well as other materials of constitutional justice cases, not excluding the decisions of Supreme Administrative Court of Lithuania and the acts of constitutional justice institutions of foreign states. In this work were also analysed relevant to the study public opinion surveys, statistical data and special literature. This study lead to the conclusion, that in comparison with the powers conferred on the constitutional courts (in the discussed area) of other European states, the competence of the Constitutional Court of the Republic of Lithuania is relatively narrow. The analysis of the legal regulation regulating the powers of the Constitutional Court to consider the inquires requesting conclusions has revealed, that there are certain problems requiring legal regulation adjustment both in the area of objects and subjects of consideration of the inquiries requesting a conclusion of the Constitutional Court. Public survey results show that a significant part of society is prepared for expanding the competence of the Constitutional Court, vesting it with additional functions, strengthening its powers, as well as increasing its accessibility. Therefore, consideration should be given to the preconditions for enhancing the powers of the Constitutional Court not only by introducing the individual constitutional complaint institution, but also by reinforcing the powers of the Constitutional Court in the area of its conclusions. The study also draws the conclusion that the currently existing objects of these proceedings could be modified: 1) by expanding the list of officials specified in the Constitution who may be removed from office through impeachment proceedings and extending it to the president and justices of the Supreme Administrative Court of Lithuania; 2) by granting the Constitutional Court the right to apply the temporary protection measure of the suspension of the powers of the officials concerned in cases concerning impeachment proceedings. Upon assessing the possibilities for expanding the list of objects of these proceedings, the study leads to the conclusion that this list should also include the powers of the Constitutional Court to exercise the a priori assessment of the constitutionality of issues put to a referendum. In the area of subjects of the inquiries requesting a conclusion some practical problems arise due to the limited circle of subjects authorised to initiate constitutional justice cases regarding the breaches of electoral laws and the constitutionality of international treaties of the Republic of Lithuania: candidates participating in parliamentary and presidential elections or subjects who have nominated such candidates remain the ones most interested in the outcome of proceedings regarding the violations of electoral laws; therefore, the fact that they have no right to directly apply to the Constitutional Court regarding the violations of electoral laws poses an obstacle to the effective defence of their violated electoral rights. In addition, the applications brought before the Constitutional Court and the practice of foreign states underline the need to expand the circle of subjects entitled to directly address the Constitutional Court in cases concerning the constitutionality of international treaties following their ratification, as well as concerning the constitutionality of laws on their ratification. The Law on the Constitutional Court contains no provision specifying who should be considered a party concerned in constitutional justice cases instituted regarding the violations of electoral laws, or in cases concerning the constitutionality of international treaties of the Republic of Lithuania; consequently, practical uncertainties arise in the course of considering these cases, since a significant part of procedural rights depends on whether a particular subject is recognised as a party concerned.
It has been known for several decades that a constantly growing asymmetry of the military power between the US and their NATO allies complicates transatlantic security relations. If allies cannot communicate in military terms, the risk of political split appears. Therefore one of the main priorities is the necessity to ensure that the allies are able to make their substantial military contribution. Lithuania also contributes to it by taking part in missions together with its allies. Missions are of military (using weapons, executing military operations and performing police functions) and civil character (providing help in case of natural disasters, sending humanitarian aid to voluntary soldiers). This paper focuses mainly on military missions. The subject of the paper: The participation of Lithuania in foreign military missions. The relevance of the topic: More and more often articles appear in Lithuania and abroad criticising the participation of the Western countries in peace missions, including Afghanistan; casualties, moral validity of these missions and heavy expenses are questioned; a more and more prevailing idea of Neorealism is mentioned. The goals of the paper: • To introduce the main trends of the theories of international relations; • To analyse the participation of Lithuania in foreign military missions with reference to the theories; • To introduce a geopolitical context of the participation of Lithuania in foreign missions; • To review Lithuanian foreign military missions; • To discuss the perspectives of the participation of Lithuania in foreign military missions. The method of work: The work is carried out using a descriptive analytical method, a comparative method and the analysis of scientific literature. The aim of the paper: This papers aims to review the participation of Lithuania in peace missions, to discuss its political and military aspects, paying the greatest attention to theoretical aspects. Among many existing theories of international relations, Neorealism and Constructivism are the most appropriate ones to explain the participation of Lithuania in international missions. Although the main conceptions of those theories are contradictory, in Lithuania's case they complement one another. Supporting the power of the US, Lithuania operates in the field of Neorealism theory as well as a common system of values in line with Western countries (especially the US) operates in the field of Constructivism and historic experience with Russia. Since the international system is anarchic, the dominant countries are those having the greatest power. Therefore Lithuania's support of the superpower is an entirely logical behaviour. Moreover, Lithuania is linked with the US by the common identity, which was formed by the US consistent denial of Lithuania's occupation in 1940 and 1944, supporting the restoration of independence and providing help for Lithuanian emigrants. Therefore in Lithuania's case both theories should be applied in analysing the support for the US and NATO and the participation in their foreign military missions. The examination of Lithuania's foreign military missions should not be restricted to the theories of international relations. The geopolitical context, which has a great influence on the country's behaviour, should be taken into consideration as well. The historical context of relations is connected with the current behaviour and the attitude towards such countries as Russia and it also has influence on choosing allies and the support to the policy they execute, including the military one. Attention should also be paid to the reliability of the potential allies and the reality of threats, for instance, whether a real conflict with Russia is possible. Russia should be the starting point since it is the main factor which influences the choice and behaviour of Lithuania. It is impossible to analyse Lithuania's international policy and its participation in missions without taking into consideration Russia, which is the greatest and most powerful neighbour. This country owns some of the biggest natural resources and one of the most powerful armies with the arsenal of almost 4000 nuclear heads. Therefore its influence on Lithuania cannot be neglected. Russian threat is not unreal. Its current behaviour might raise serious concerns. Russian military doctrine, issued in 2000, claims that the possibility of a military conflict with any country or a bloc of countries is very slight and no country is considered as its potential enemy. The main current threats to Russian security and its territorial integrity are international terrorism, the spread of weapons of mass destruction and drug smuggling. Other threats are "territorial claims on Russian Federation" and "the expansion of military blocs and alliances which can endanger the security of Russian Federation". According to the military doctrine, Russia does not intend to fight with any country or a bloc of countries. However, it prepares for defence. At the press conference held at the end of January, Russian president Vladimir Putin once again noted that Russia has tested a new complex of ballistic missiles which is not owned by any other country. The warheads of those missiles can outfight any missile defence systems. The ballistic missiles have maneuvering heads. This can already be treated as the nuclear-weapon threat. Unconditional support of the US can be observed not only during the military missions, but also during military programs, such as the missile defence system and its dislocation in Europe. Lithuanian foreign policy has been traditionally oriented towards transatlantic relations and the consolidation of strategic partnership with the US. There is no doubt that such an attitude has been influenced by the US itself because currently it is the only power in the geopolitical arena which can influence Russia in the Baltic Sea region. The amplification of the US influence in the region, the neutralisation of new threats and a greater influence of Lithuania in foreign policy are the main factors that induce Lithuania to support Euro-Atlantism. Also, Lithuanian choice is influenced by the unwillingness to become the object of "exchange". It would become possible if the spheres of influence between Russia and the US or between the EU and Russia changed. It would be much more possible if the Lithuanian priority were Euro-continental security system. Inability to transform the EU and keep balance with Russia may lead Germany and France to the Russian zone of influence. It would be a threat to the independence of Lithuania. Because of these reasons Lithuania intends to limit its participation in ESDP. Officially it is stated as the intention to maintain transatlantic relations. However, it is not the only reason. ESDP is a step towards the federal model of the European Union which would limit the autonomy and decision-making of small countries. Lithuania is unwilling to become the province of the European Union, which, contrary to the NATO, is unable to provide security. Moreover, the participation in ESDP would require huge financial resources, which are allocated to NATO for the same purpose and therefore it is unreasonable to duplicate funds. There is also a problem of dual loyalty. Since the great EU countries and the US often come into conflict, it would become a problem to choose between NATO (the US) and ESDP (Germany, France). The participation of the US in the European defence system enables Lithuania to control political relations with other great countries – Germany and Russia. One more reason why Lithuania tends to support the US is that Germany and France neglect the concerns of small countries for the sake of their relations with Russia. Such behaviour is considered unreliable and therefore the priority is given to the US, since only trustworthy partners can remain in the security sphere. Before the Vilnius Ten supported the US in attacking Iraq, there was an opinion that after becoming a member of the European Union, Lithuania as well as other post-socialist countries would give Europe a sense of freedom. This idea became very relevant during the G. W. Bush visit to Vilnius when he supported and guaranteed security to post-soviet states intending to become the members of NATO, saying "You are needed in NATO". The Vilnius Ten soon proved this necessity but the opinion of the countries which assigned billions for their integration into the European Union and were against the war in Iraq was neglected. Soon after the war in Iraq, the US Congress approved the list of new candidates for NATO. G. W. Bush noted in his speech that those members proved their necessity not only by words but also by their actions. However, until the invasion of Iraq, the tension between the US, its ally Great Britain and France, Germany and Russia was so strong that, according to the US Secretary of Defence D. Rumsfeld, the Vilnius Ten position separated Europe into two parts - the Old and the New one. The reproach expressed by France that the Vilnius Ten lost a good opportunity to remain silent and German reaction towards the participation of Polish soldiers in a post-Hussein Iraq show that either France and Germany do not understand Central Europe or they simply seek for autocracy in the continental foreign policy and therefore a different position of "New Europe" countries is unhandy for them. Currently the dislocation of the US missile defence system is one of the leading issues in international meeting agenda. This issue is extremely important for Lithuania because its two strategic partners - the US and neighbouring Poland – are involved in it. Lithuania's position towards the missile defence system was, and still is, rather complicated. On the one hand, Lithuania must support its strategic allies and partners. On the other hand, it would worsen relations with Russia. A new defence project, National Missile Defence
It has been known for several decades that a constantly growing asymmetry of the military power between the US and their NATO allies complicates transatlantic security relations. If allies cannot communicate in military terms, the risk of political split appears. Therefore one of the main priorities is the necessity to ensure that the allies are able to make their substantial military contribution. Lithuania also contributes to it by taking part in missions together with its allies. Missions are of military (using weapons, executing military operations and performing police functions) and civil character (providing help in case of natural disasters, sending humanitarian aid to voluntary soldiers). This paper focuses mainly on military missions. The subject of the paper: The participation of Lithuania in foreign military missions. The relevance of the topic: More and more often articles appear in Lithuania and abroad criticising the participation of the Western countries in peace missions, including Afghanistan; casualties, moral validity of these missions and heavy expenses are questioned; a more and more prevailing idea of Neorealism is mentioned. The goals of the paper: • To introduce the main trends of the theories of international relations; • To analyse the participation of Lithuania in foreign military missions with reference to the theories; • To introduce a geopolitical context of the participation of Lithuania in foreign missions; • To review Lithuanian foreign military missions; • To discuss the perspectives of the participation of Lithuania in foreign military missions. The method of work: The work is carried out using a descriptive analytical method, a comparative method and the analysis of scientific literature. The aim of the paper: This papers aims to review the participation of Lithuania in peace missions, to discuss its political and military aspects, paying the greatest attention to theoretical aspects. Among many existing theories of international relations, Neorealism and Constructivism are the most appropriate ones to explain the participation of Lithuania in international missions. Although the main conceptions of those theories are contradictory, in Lithuania's case they complement one another. Supporting the power of the US, Lithuania operates in the field of Neorealism theory as well as a common system of values in line with Western countries (especially the US) operates in the field of Constructivism and historic experience with Russia. Since the international system is anarchic, the dominant countries are those having the greatest power. Therefore Lithuania's support of the superpower is an entirely logical behaviour. Moreover, Lithuania is linked with the US by the common identity, which was formed by the US consistent denial of Lithuania's occupation in 1940 and 1944, supporting the restoration of independence and providing help for Lithuanian emigrants. Therefore in Lithuania's case both theories should be applied in analysing the support for the US and NATO and the participation in their foreign military missions. The examination of Lithuania's foreign military missions should not be restricted to the theories of international relations. The geopolitical context, which has a great influence on the country's behaviour, should be taken into consideration as well. The historical context of relations is connected with the current behaviour and the attitude towards such countries as Russia and it also has influence on choosing allies and the support to the policy they execute, including the military one. Attention should also be paid to the reliability of the potential allies and the reality of threats, for instance, whether a real conflict with Russia is possible. Russia should be the starting point since it is the main factor which influences the choice and behaviour of Lithuania. It is impossible to analyse Lithuania's international policy and its participation in missions without taking into consideration Russia, which is the greatest and most powerful neighbour. This country owns some of the biggest natural resources and one of the most powerful armies with the arsenal of almost 4000 nuclear heads. Therefore its influence on Lithuania cannot be neglected. Russian threat is not unreal. Its current behaviour might raise serious concerns. Russian military doctrine, issued in 2000, claims that the possibility of a military conflict with any country or a bloc of countries is very slight and no country is considered as its potential enemy. The main current threats to Russian security and its territorial integrity are international terrorism, the spread of weapons of mass destruction and drug smuggling. Other threats are "territorial claims on Russian Federation" and "the expansion of military blocs and alliances which can endanger the security of Russian Federation". According to the military doctrine, Russia does not intend to fight with any country or a bloc of countries. However, it prepares for defence. At the press conference held at the end of January, Russian president Vladimir Putin once again noted that Russia has tested a new complex of ballistic missiles which is not owned by any other country. The warheads of those missiles can outfight any missile defence systems. The ballistic missiles have maneuvering heads. This can already be treated as the nuclear-weapon threat. Unconditional support of the US can be observed not only during the military missions, but also during military programs, such as the missile defence system and its dislocation in Europe. Lithuanian foreign policy has been traditionally oriented towards transatlantic relations and the consolidation of strategic partnership with the US. There is no doubt that such an attitude has been influenced by the US itself because currently it is the only power in the geopolitical arena which can influence Russia in the Baltic Sea region. The amplification of the US influence in the region, the neutralisation of new threats and a greater influence of Lithuania in foreign policy are the main factors that induce Lithuania to support Euro-Atlantism. Also, Lithuanian choice is influenced by the unwillingness to become the object of "exchange". It would become possible if the spheres of influence between Russia and the US or between the EU and Russia changed. It would be much more possible if the Lithuanian priority were Euro-continental security system. Inability to transform the EU and keep balance with Russia may lead Germany and France to the Russian zone of influence. It would be a threat to the independence of Lithuania. Because of these reasons Lithuania intends to limit its participation in ESDP. Officially it is stated as the intention to maintain transatlantic relations. However, it is not the only reason. ESDP is a step towards the federal model of the European Union which would limit the autonomy and decision-making of small countries. Lithuania is unwilling to become the province of the European Union, which, contrary to the NATO, is unable to provide security. Moreover, the participation in ESDP would require huge financial resources, which are allocated to NATO for the same purpose and therefore it is unreasonable to duplicate funds. There is also a problem of dual loyalty. Since the great EU countries and the US often come into conflict, it would become a problem to choose between NATO (the US) and ESDP (Germany, France). The participation of the US in the European defence system enables Lithuania to control political relations with other great countries – Germany and Russia. One more reason why Lithuania tends to support the US is that Germany and France neglect the concerns of small countries for the sake of their relations with Russia. Such behaviour is considered unreliable and therefore the priority is given to the US, since only trustworthy partners can remain in the security sphere. Before the Vilnius Ten supported the US in attacking Iraq, there was an opinion that after becoming a member of the European Union, Lithuania as well as other post-socialist countries would give Europe a sense of freedom. This idea became very relevant during the G. W. Bush visit to Vilnius when he supported and guaranteed security to post-soviet states intending to become the members of NATO, saying "You are needed in NATO". The Vilnius Ten soon proved this necessity but the opinion of the countries which assigned billions for their integration into the European Union and were against the war in Iraq was neglected. Soon after the war in Iraq, the US Congress approved the list of new candidates for NATO. G. W. Bush noted in his speech that those members proved their necessity not only by words but also by their actions. However, until the invasion of Iraq, the tension between the US, its ally Great Britain and France, Germany and Russia was so strong that, according to the US Secretary of Defence D. Rumsfeld, the Vilnius Ten position separated Europe into two parts - the Old and the New one. The reproach expressed by France that the Vilnius Ten lost a good opportunity to remain silent and German reaction towards the participation of Polish soldiers in a post-Hussein Iraq show that either France and Germany do not understand Central Europe or they simply seek for autocracy in the continental foreign policy and therefore a different position of "New Europe" countries is unhandy for them. Currently the dislocation of the US missile defence system is one of the leading issues in international meeting agenda. This issue is extremely important for Lithuania because its two strategic partners - the US and neighbouring Poland – are involved in it. Lithuania's position towards the missile defence system was, and still is, rather complicated. On the one hand, Lithuania must support its strategic allies and partners. On the other hand, it would worsen relations with Russia. A new defence project, National Missile Defence
It has been known for several decades that a constantly growing asymmetry of the military power between the US and their NATO allies complicates transatlantic security relations. If allies cannot communicate in military terms, the risk of political split appears. Therefore one of the main priorities is the necessity to ensure that the allies are able to make their substantial military contribution. Lithuania also contributes to it by taking part in missions together with its allies. Missions are of military (using weapons, executing military operations and performing police functions) and civil character (providing help in case of natural disasters, sending humanitarian aid to voluntary soldiers). This paper focuses mainly on military missions. The subject of the paper: The participation of Lithuania in foreign military missions. The relevance of the topic: More and more often articles appear in Lithuania and abroad criticising the participation of the Western countries in peace missions, including Afghanistan; casualties, moral validity of these missions and heavy expenses are questioned; a more and more prevailing idea of Neorealism is mentioned. The goals of the paper: • To introduce the main trends of the theories of international relations; • To analyse the participation of Lithuania in foreign military missions with reference to the theories; • To introduce a geopolitical context of the participation of Lithuania in foreign missions; • To review Lithuanian foreign military missions; • To discuss the perspectives of the participation of Lithuania in foreign military missions. The method of work: The work is carried out using a descriptive analytical method, a comparative method and the analysis of scientific literature. The aim of the paper: This papers aims to review the participation of Lithuania in peace missions, to discuss its political and military aspects, paying the greatest attention to theoretical aspects. Among many existing theories of international relations, Neorealism and Constructivism are the most appropriate ones to explain the participation of Lithuania in international missions. Although the main conceptions of those theories are contradictory, in Lithuania's case they complement one another. Supporting the power of the US, Lithuania operates in the field of Neorealism theory as well as a common system of values in line with Western countries (especially the US) operates in the field of Constructivism and historic experience with Russia. Since the international system is anarchic, the dominant countries are those having the greatest power. Therefore Lithuania's support of the superpower is an entirely logical behaviour. Moreover, Lithuania is linked with the US by the common identity, which was formed by the US consistent denial of Lithuania's occupation in 1940 and 1944, supporting the restoration of independence and providing help for Lithuanian emigrants. Therefore in Lithuania's case both theories should be applied in analysing the support for the US and NATO and the participation in their foreign military missions. The examination of Lithuania's foreign military missions should not be restricted to the theories of international relations. The geopolitical context, which has a great influence on the country's behaviour, should be taken into consideration as well. The historical context of relations is connected with the current behaviour and the attitude towards such countries as Russia and it also has influence on choosing allies and the support to the policy they execute, including the military one. Attention should also be paid to the reliability of the potential allies and the reality of threats, for instance, whether a real conflict with Russia is possible. Russia should be the starting point since it is the main factor which influences the choice and behaviour of Lithuania. It is impossible to analyse Lithuania's international policy and its participation in missions without taking into consideration Russia, which is the greatest and most powerful neighbour. This country owns some of the biggest natural resources and one of the most powerful armies with the arsenal of almost 4000 nuclear heads. Therefore its influence on Lithuania cannot be neglected. Russian threat is not unreal. Its current behaviour might raise serious concerns. Russian military doctrine, issued in 2000, claims that the possibility of a military conflict with any country or a bloc of countries is very slight and no country is considered as its potential enemy. The main current threats to Russian security and its territorial integrity are international terrorism, the spread of weapons of mass destruction and drug smuggling. Other threats are "territorial claims on Russian Federation" and "the expansion of military blocs and alliances which can endanger the security of Russian Federation". According to the military doctrine, Russia does not intend to fight with any country or a bloc of countries. However, it prepares for defence. At the press conference held at the end of January, Russian president Vladimir Putin once again noted that Russia has tested a new complex of ballistic missiles which is not owned by any other country. The warheads of those missiles can outfight any missile defence systems. The ballistic missiles have maneuvering heads. This can already be treated as the nuclear-weapon threat. Unconditional support of the US can be observed not only during the military missions, but also during military programs, such as the missile defence system and its dislocation in Europe. Lithuanian foreign policy has been traditionally oriented towards transatlantic relations and the consolidation of strategic partnership with the US. There is no doubt that such an attitude has been influenced by the US itself because currently it is the only power in the geopolitical arena which can influence Russia in the Baltic Sea region. The amplification of the US influence in the region, the neutralisation of new threats and a greater influence of Lithuania in foreign policy are the main factors that induce Lithuania to support Euro-Atlantism. Also, Lithuanian choice is influenced by the unwillingness to become the object of "exchange". It would become possible if the spheres of influence between Russia and the US or between the EU and Russia changed. It would be much more possible if the Lithuanian priority were Euro-continental security system. Inability to transform the EU and keep balance with Russia may lead Germany and France to the Russian zone of influence. It would be a threat to the independence of Lithuania. Because of these reasons Lithuania intends to limit its participation in ESDP. Officially it is stated as the intention to maintain transatlantic relations. However, it is not the only reason. ESDP is a step towards the federal model of the European Union which would limit the autonomy and decision-making of small countries. Lithuania is unwilling to become the province of the European Union, which, contrary to the NATO, is unable to provide security. Moreover, the participation in ESDP would require huge financial resources, which are allocated to NATO for the same purpose and therefore it is unreasonable to duplicate funds. There is also a problem of dual loyalty. Since the great EU countries and the US often come into conflict, it would become a problem to choose between NATO (the US) and ESDP (Germany, France). The participation of the US in the European defence system enables Lithuania to control political relations with other great countries – Germany and Russia. One more reason why Lithuania tends to support the US is that Germany and France neglect the concerns of small countries for the sake of their relations with Russia. Such behaviour is considered unreliable and therefore the priority is given to the US, since only trustworthy partners can remain in the security sphere. Before the Vilnius Ten supported the US in attacking Iraq, there was an opinion that after becoming a member of the European Union, Lithuania as well as other post-socialist countries would give Europe a sense of freedom. This idea became very relevant during the G. W. Bush visit to Vilnius when he supported and guaranteed security to post-soviet states intending to become the members of NATO, saying "You are needed in NATO". The Vilnius Ten soon proved this necessity but the opinion of the countries which assigned billions for their integration into the European Union and were against the war in Iraq was neglected. Soon after the war in Iraq, the US Congress approved the list of new candidates for NATO. G. W. Bush noted in his speech that those members proved their necessity not only by words but also by their actions. However, until the invasion of Iraq, the tension between the US, its ally Great Britain and France, Germany and Russia was so strong that, according to the US Secretary of Defence D. Rumsfeld, the Vilnius Ten position separated Europe into two parts - the Old and the New one. The reproach expressed by France that the Vilnius Ten lost a good opportunity to remain silent and German reaction towards the participation of Polish soldiers in a post-Hussein Iraq show that either France and Germany do not understand Central Europe or they simply seek for autocracy in the continental foreign policy and therefore a different position of "New Europe" countries is unhandy for them. Currently the dislocation of the US missile defence system is one of the leading issues in international meeting agenda. This issue is extremely important for Lithuania because its two strategic partners - the US and neighbouring Poland – are involved in it. Lithuania's position towards the missile defence system was, and still is, rather complicated. On the one hand, Lithuania must support its strategic allies and partners. On the other hand, it would worsen relations with Russia. A new defence project, National Missile Defence
