The strength of Constitution – in people

- 28 June, 08:00

"Every state is a certain association,

and every association is formed for a certain happiness."

Aristotle

Our Constitution is the right of the Ukrainian people to a free, secure existence, development, and memory of the struggle for our Freedom.

American military personnel swear an oath to support and defend the Constitution. It would seem, why is this order established for the United States Army and Navy? The answer is that in the American tradition, the Constitution itself is the embodiment of what was achieved in the struggle for independence of this country. Freedom, rights and responsibilities, the right to protection, the separation of powers to prevent tyranny, and one of the key ones is the pursuit of happiness.

It is for the principles set forth in the United States Constitution that the American soldier, sailor, officer, and ordinary citizen are ready to fight today. This is the very fact that makes both the Constitution and the people of the country one and indivisible.

I have often wondered why the text of the Military Oath of Ukraine uses the term "to abide by the Constitution" almost at the very end of the text, and before that, it lists both the fulfillment of military duty and the protection of sovereignty and territorial integrity – that is, the principles laid down in the Basic Law of the state. So why not simply swear to the Constitution and the people, like in the United States?

However, the text of the oath is presented in this context, probably not in vain. After all, in modern Ukrainian history, which I am a witness to, a somewhat special attitude towards the Constitution has been formed. And let's admit, it was not always groundless.

Unfortunately, it must be stated that our Constitution has often been attempted to be changed for the benefit of individual politicians in power. Exclusively to secure as much power as possible, which led to neglect of the position of the legislative branch, control over the judiciary, restricted freedom of speech and, as a result, led to people losing faith in themselves and the significance of the Constitution as the foundation of fundamental processes in the state.

As a result, the violation of the social contract, which is the Constitution, led to revolutions. The Revolution of Dignity, in particular, became the realization of the people's right to revolt. This is a natural right that formed the basis of the legal traditions of many countries around the world.

With the beginning of Russian aggression in February 2014, people stood up to defend their freedom, their own free choice, and territorial integrity. That is, to defend their Constitution.

Probably not in vain the term protection of the Constitution is often used as a synonym for protection of the state.

In the fight for our freedom, the very meaning of the Constitution is being redefined. The fundamental document of the state must be stripped of everything that divides the Constitution separately and the people of the country separately. In the 20th and 21st centuries, Ukrainians lived in periods when formal rights existed only on paper, but actually did not work. The Soviet system had constitutions that declared freedom of speech, freedom of conscience, and the right of peoples to self-determination. At the same time, millions of people became victims of repression, the Holodomor, and political terror. This is how this system functioned in Soviet times and ultimately demonstrated its total unviability.

Instead, countries with stable democracies that have from the beginning identified rights and responsibilities, the rule of law, sovereignty, and the protection of territorial integrity with the Constitution continue to exist. Of course, with certain challenges and crises, which may still exist now.

Today, the Ukrainian people deserve for the Constitution to become for us the embodiment of our struggle and its result. Because the price has already been paid is too high. And then the question of whether peace is possible with the violation of territorial integrity, with backroom decision-making somewhere, instead of discussions in parliament, the government, and consultations with society through ensuring real freedom of speech, the right to self-defense, and protection of rights in an independent court, will disappear by themselves.

Through bloody experience, Ukrainians have already gained the moral right to be true citizens who have not only duties, but also their rights. Ukrainian even not tradition but a special feature – fighting for one's own freedom, rights, and liberties, as is known, is long and intense.

Back in 1710, the Constitution of Pylyp Orlyk was created – one of the most interesting political and legal documents in Europe of its time. It limited the power of the hetman, defined the rights of the Cossack community, and established the principles of the separation of powers long before these ideas became generally accepted on the continent.

However, the history of Ukraine shows that writing a Constitution and even amending it several times is not enough. It must be protected. And to protect it, you need to have power.

The question arises: who should defend the Constitution at a crucial moment and what is the power of its protection if it is actually separated from its own people? The answer is given to us by a prominent figure, the author of the 1921 Constitution of the UPR, Otto Eichelmann. "The project is designed for the political and public initiative of the people, for their sense of moral and political responsibility, and for the awareness that everything in the state depends on them," said a publication in the newspaper "Volya" in 1921.

So, the strength, the key to protecting our Constitution, lies not only in the number of missiles and tanks, but in the readiness of the people to defend it. When the basis of the struggle is the desire for freedom and a dignified life in this freedom, then the issue of the duty to protect the country and the Constitution will be perceived differently. Not as a compulsion, but as the only right path chosen, the path to preserving these values ​​for our children and our country.

Otto Eichelmann's project paid special attention to the freedom of the individual, the guarantees of his rights and freedoms. Over the decades, his guidelines have proven to be true even in our war. After all, it was innovation, creativity, and an incredibly strong will that made it possible to realize this potential to protect the state. Because the tactics imposed by the enemy could not save the state, and it cannot be saved that way today.

As the Commander-in-Chief of the Armed Forces of Ukraine in the past, I have always promoted and supported such aspirations, understanding that war is transforming and the one who is one step ahead through the introduction of new technologies will win, because this is not only a victory, but also the preservation of thousands of lives of Ukrainians, who are reborn in torment every time. And therefore, our future is only a strong, and therefore safe, fair, and high-tech country that has not only its own history, but also a hard-won future.

As is known, people are behind technology. That is why it is extremely important for Ukraine not to lose our experience and preserve our potential. To do this, we need to pay attention to the exact sciences, mathematics, physics, and engineering already today. This is the basis of technologies that will determine the foundations of the world order in the near future. And this is what will never leave Ukraine alone at the discretion of the oligarchs.

We must clearly realize that the front does not only run along the line of combat contact. It runs between two visions of the future. Someone is still trying to use old political technologies through new opportunities to turn us back and build own future.

History knows many examples of peoples who lost their freedom because of the belief that the state would exist on its own. But today Ukrainians have already paid too high a price to repeat this mistake.

And indeed, Ülo Vooglaid is right when he says that the government is unable to preserve society or culture; only the people themselves can do this, if the government and parliament help them.

Today's struggle of the Ukrainian people continues for the right of our children to be educated in the Ukrainian language, the right of citizens to choose their government, the right of journalists to ask uncomfortable questions, the right of everyone to realize themselves and become successful in their country. A country with equal opportunities, not obstacles and preferences, to which people will always want to return. All this gives only us, the citizens of Ukraine, the right to our future, which only we will decide.

The strength of our Constitution is not in the articles, paragraphs, or sections. The real strength of our Constitution is in people. People who not only believe, but also feel that the state is only themselves. The people of this country. And only their will to fight for their chosen future is the only determining factor in our stability and preservation of the Constitution, which we are fighting for today.

Valerii Zaluzhnyi, Ambassador Extraordinary and Plenipotentiary of Ukraine to the United Kingdom of Great Britain and Northern Ireland