004. Факультет правничих наук
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Browsing 004. Факультет правничих наук by Author "Antonovych, Myroslava"
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Item Accountability for Human Rights Violations by Soviet and Other Communist Regimes and the Position of the Council of Europe(2009) Antonovych, MyroslavaAccountability for the crimes of totalitarian communist regimes became an issue for the Council of Europe after the velvet revolutions in Eastern Europe and the collapse of the Soviet Union. As numerous archives were released, it became clear that there were no essential differences between Communism and Nazism, as both used similar, criminally inhumane means to maintain power. Twenty million deaths resulted from political repression in the Soviet Union, and 1 million in the Communist states of Eastern Europe (Courtois 4). After new states with totalitarian communist pasts joined the Council of Europe, Resolution 1096 was adopted in 1996, containing measures to dismantle the heritage of former communist totalitarian systems.Item The Emergence of State Polity and National Aspirations in Ukraine - Two Coins or Two Sides of One Coin?(2006) Antonovych, MyroslavaIn this article author will attempt to answer three questions: What caused the emergence of state polity in Ukraine during the last weeks of 2004? How did it correlate with the national aspirations of Ukrainians who fought for independence for hundreds of years? Are these two processes two different coins or two sides of one coin?Item General principles of law аs a source of international law(2024) Antonovych, MyroslavaThese reports of a participant in the international scientific and practical conference "Principles of law: universal and national in the context of modern globalization and European integration processes", Kyiv, June 21–22, 2024.Item The Hegemony of a Ruling Party as a Common Element in the Armenian Genocide, the Holodomor and the Holocaust(2023) Antonovych, MyroslavaWith the development of comparative genocide as the second generation of genocide studies over the last decades it became important to examine the Holodomor as a crime of genocide committed by the Communist party of the Soviet Union in comparative perspective with other genocides. In this article, the author offers a comparative analysis of the Holodomor with cases of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany – from the perspective of perpetrators (organizers). The author compares the three genocides as crimes under international law in terms of one of the mental elements of genocide that characterizes each of them, noting the similarities in ruling political parties as organizers of those crimes who exercised the collective intent in each of the case of genocide under analyses. The author argues that hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis which substituted the state organization was a common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich. Moreover, in the ongoing Russian genocide against the Ukrainian nation with culmination since 24 February 2022, it is again the ruling party – Yedinaya Rosiya (Single Russia) which is the foundation of Russian totalitarian regime that organized this crime of genocide.Item The Holodomor-Genocide and the Ongoing Russian Genocide in Ukraine: Intent, Victims and Perpetrators(2023) Antonovych, MyroslavaIn my short article I will briefly compare two genocides committed against the Ukrainians within the period of one hundred years: the Holodomor in the first half of 20th century and the ongoing Russian genocide against the Ukrainian nation. These two genocides were committed by the same perpetrator – the Russian empire, which was called the USSR in the previous century and is called Russian Federation now. Whatever the name might be, it remains the same perpetrator – the Russian empire.Item Implementation of International Human Rights Instruments by National Courts(2013) Antonovych, MyroslavaThere is no doubt that implementation of existing international human rights norms is currendy more important than adopting new international human rights instruments. The process of implementation should go on both international and municipal levels and should first and foremost concern the application of international human rights norms in domestic court practice. It is in national courts that millions of human fates are faced each day on the whole planet, and these millions of people look with expectations not only at their national constitutions and laws, but also — and sometimes even with greater hope — at international human rights standards that should be observed. If not, they may have international courts in reserve which though not as quickly as is desired might bring justice home. Although the international courts significance "is pale compared with that of their domestic counterparts, such tribunals offer a convenient point of departure towards an understanding of international law and process."Item Legal education quality assessment of the Law Faculty at the Yuriy Fedkovych Chernivtsi National University : report with recommendations on legal education quality assurance policy development(2015) Speedy Rice, Thomas; Young, Finlay; Antonovych, Myroslava; Ovcharenko, OlenaThe USAID funded Fair, Accountable, Independent, and Responsible (FAIR) Judiciary Program in Ukraine is designed to support legislative, regulatory and institutional reform of judicial institutions to build a foundation for a more accountable and independent Judiciary. To achieve this objective the project coordinates with Ukrainian partners, other U.S. Government supported programs, and international donors to design and implement activities that support Ukrainian governmental and nongovernmental efforts to strengthen the rule of law. Based on an assessment of continued political will to pursue meaningful reforms in the judicial sector, a re-affirmation of the United States Government priorities in the sector and an evaluation of the program performance in the Base Period from October 1, 2011 to September 30, 2013, on September 19, 2013 FAIR was extended for an additional three years. In its Option Period from October 1, 2013 to September 30, 2016, FAIR will build upon the advances made during the previous period and continue providing focused technical assistance to Ukrainian counterparts in the judicial reform process.Item Legal Sources of the Ukrainian Genocide of 1932-1933(2008) Antonovych, MyroslavaAs it is clear from article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the crucial element to establish genocide under the Genocide Convention is evidence that such acts were committed with the specific intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. Though legal documents which testify to the Holodomor in Ukraine as genocide against Ukrainians were revealed in archives, some argue that not a single decree of the Soviet government and the Central Committee of the Communist Party in which there was an order to k i l l with famine a certain number of Ukrainian or other peasants was found by researchers [ 1 ]. Victor Kondrashyn and Diana Penner state in their book "Famine: 1932— 1933 in Soviet village (on materials of Volga region, Don and Kuban)" that evidence that the famine of 1932 —1933 was thoroughly planned has not yet been established. Evidently, it would be naive to think that such a criminal power as the Soviet Union would explicitly issue decrees to kill millions of Ukrainian peasants. However, the intent to do so is implicitly expressed in many legal acts of Soviet authorities. In addition, numerous legal documents of international and foreign bodies recognize that the case of the Holodomor of 1932 — 1933 in Ukraine was an act of genocide against Ukrainians. Famous scholars further bring the case forward in a wide array of historical documents, memoirs and writings.Item Legal terminology on human rights: origin, interpretation, functioning(1997) Antonovych, MyroslavaThere is a growing tendency nowadays to use legal terms on human rights not only in international documents, national legislation and courtrooms, but also in politics, government administration and other spheres of life. Terms concerning human rights are among legal terms most frequently used by people in everyday life due to the clarity of their meaning, their topicality and highly emotive, even rhetoric potential. As Samuel Donnelly noted "rights and the effort to understand their meaning and function have become the most important topics in the key dialogue of the 20th century." We understand legal terminology on human rights as an open system of words and word combinations which are used in the norms of international and domestic law with regard to human rights and in other spheres of social life, and which express the concepts belonging to the sphere of human rights.Item Maria Popova. Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine(2012) Antonovych, MyroslavaA book on politicized justice in Russia and Ukraine has long been overdue— and not only because of the topicality and seriousness of the problem, which the author, Maria Popova, recognizes very well. Impartial and independent courts are crucial for Ukraine’s integration into the European Union, and we are only left to hope that sooner or later such courts will become an urgent issue for Russia as well. The problem is made graphic in this book through a photo on the front cover that depicts the 2011 hearing o f the case of Iuliia Tymoshenko, the former Prime Minister of Ukraine. Standing behind her in court is a special division of the militia.Item The Mission of the Ukrainian Fulbright Association - A Sovereign Ukraine Since(2013-05-24T09:10:51Z) Antonovych, MyroslavaSince the 2004 pre-election campaign when trains in Ukraine carried maps of Ukraine divided by two colors, it became common to use the phrase ― two Ukraines. Mostly it was misused and continues to be misused to this day by those politicians who in Freudian terms either believe this or want to benefit from it. According to Liubomyr Beley today when the post-election Ukraine is being torn apart by the revenge of the victors, the confusion of the opposition and the apathy of the average Ukrainians, it is undoubtedly very appropriate to look at the source of contemporary Ukrainian culture, to the inheritance of the great educators Cyril and Methodius. In the reality of Ukraine 2010 this is an effective alternative to the pragmatism and the ruling political expediency.Item Punishing Communist Rights Abuses(2000) Antonovych, MyroslavaThe problem of correlating law, politics, and justice inevitably arises in periods of political change. According to Ruti Teitel, a dilemma arises over the relationship between the rule of law and the problem of successor justice. To what extent does bringing the old regime to trial imply an inherent con ict between predecessor and successor visions of justice? In light of this con ict, is such criminal justice compatible with the rule of law? The dilemma raised by successor criminal justice leads to broader questions about the law’s role in the transformation to the liberal state. Many scholars claim that in transitional periods the rule-of-law principle takes precedence over the prior regime’s laws.Item The Human Rights: Accountability of Ukraine's Communist Regime(2002) Antonovych, MyroslavaUkraine has yet to develop an effective mechanism for ending the impunity still enjoyed by the perpetrators of human rights violations under the Soviet regime. The Ukrainian Parliament and the President have not been as active or consistent as, for example, the Czech, Hungarian, Lithuanian, South African authorities, and Ukraine has not yet fully addressed the legacy of her people's sufferings under communism.Item Ukraine's long and winding road to the European Charter for Regional or Minority Languages(2008) Antonovych, Myroslava; Bowring, BillThis paper tackles the paradoxical role played by the European Charter for Regional or Minority Languages (ECRML) both in the formulation of government policy, and in the turbulent politics of Ukraine, and the vexed question of the status of the Russian language in the country. The authors contend that the charter has achieved great symbolic signifi-cance in Ukraine. However, the actual content of its ratification remains the subject of confusion. That is, ratification and implementation of the charter have become strictly political rather than policy objectives, not only leading to surprising reversals in the ratification process (Ukraine has ratified it not once but twice), but also to implementation in forms not anticipated in the charter itself.