布达佩斯备忘录的理论和法律棱镜:未经处理的担保

A.J. Frantsuz A.J.
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引用次数: 0

摘要

《布达佩斯备忘录》尚未得到任何一方的批准,从法律的观点来看,它不能被认为已经生效,并包含了权利和义务的开始。虽然乌克兰方面强调需要批准,但美国和俄罗斯的反对拒绝使该文件具有法律约束力。1994年12月5日,对于大多数普通公民来说,直到2022年2月24日,这个日期都没有任何意义,在大多数情况下都是未知的。然而,戒严令的实施、炮击、占领、轰炸平民、破坏住房、乌克兰作为一个国家请求冷漠国家的帮助,以及最重要的是听到自己可能在这场战争中使用核武器的威胁,这些都导致这个问题在十多年前就被提出了,当时乌克兰继承了世界上第三大核潜力,把它交给了今天的恐怖主义国家,杀害了数十万人,失踪人数仍不得而知。这篇科学文章探讨了布达佩斯备忘录的问题。对其法律本质和法律意义进行了分析。其正式名称是“关于乌克兰加入不扩散核武器条约的安全保障备忘录”。即使我们找到《布达佩斯备忘录》的法律意义,但安全保障,这应该反映的想法,外部担保人应确保安全舒适的存在在实践中,一方面,可以说,英国和美国没有侵犯其部分,一方面不像俄罗斯,然而,另一方面,通过削弱乌克兰这样的方式,我们认为,其领土入侵的理由是创造的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THEORETICAL AND LEGAL PRISM OF THE BUDAPEST MEMORANDUM: UNPROCESSED GUARANTEES
The Budapest Memorandum has not been ratified by any party, which from a legal point of view cannot be considered to have entered into force and contains the onset of rights and obligations. Although the Ukrainian side emphasized the need for ratification, the opposition of the United States and Russia refused to make this document legally binding. December 5, 1994, for most ordinary citizens until February 24, 2022, this date meant nothing and in most cases was unknown. However, the introduction of martial law, shelling, occupation, bombing of civilians, destruction of housing, Ukraine's pleas as a state for help from indifferent states, and most importantly hearing threats to itself about the possible use of nuclear weapons in this war have caused the issue to be raised for more than a dozen years long ago, when Ukraine, having inherited the third nuclear potential in the world, gave it to today's terrorist state, which killed hundreds of thousands of people, and the number of missing people is still unknown. This scientific article examines the issue of the Budapest Memorandum. Its legal essence and meaning are analyzed in its main parts. The official name of which is "Memorandum on security guarantees in connection with the accession of Ukraine to the treaty on the non-proliferation of nuclear weapons. Even if we find the legal meaning of the Budapest Memorandum, but the security guarantees, which should reflect the idea that external guarantors should ensure a safe and comfortable existence in practice, on the one hand, it can be said that Great Britain and the United States have not violated its parts, on the one hand unlike Russia, however, on the other hand, by weakening Ukraine in this way, we assume that the grounds for its territorial invasion were created.
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