Kyiv-Mohyla Law and Politics Journal

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Kyiv-Mohyla Law and Politics Journal (KMLPJ) is an international, interdisciplinary and peer-reviewed online journal. It covers the broad areas of Law and Politics, focusing mainly on Jurisprudence, Constitutional and International Law Issues, Political Theory and Methodology, and Area and European Studies. KMLPJ is published in a cooperation with Ukrainian European Studies Association.

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Now showing 1 - 20 of 87

Collective and Personal Representations of the Crimean Tatars in the Ukrainian Media Discourse: Ideological Implications and Power Relations
(2015) Bezverkha, Anastasia
This study analyzes the Ukrainian national and Crimean media’s collective and individual representations of the Crimean Tatar people during 2010-2012. It demonstrates that this media’s discourse was a sensitive milieu that reflected the unequal power relations between Crimea’s ethnic groups - the Crimean Tatar minority and the Slavic majority - and informed the way individuals constructed their identities and social roles within Crimean society. The discursive mechanisms of the media’s representations of the Crimean Tatars often included indirect and subtle forms of social exclusion. They also used references to common sense and ethnic markers to juxtapose the positive "Self"-image and the negative image of the "Other". To portray the Crimean Tatars as a group that potentially threatens the social order, the media built a discourse of "the unsatisfied" around the group and its individual representatives.
The EU-Ukraine Association Agreement: A New Legal Instrument of Integration Without Membership?
(2015) Petrov, Roman; Van der Loo, Guillaume; Van Elsuwege, Peter
This article analyses the EU-Ukraine Association Agreement (EU-Ukraine AA). It argues that this new legal framework, which has the objective to establish a unique form of political association and economic integration, is characterized by three specific features: comprehensiveness, complexity and conditionality. After a brief background of the EU-Ukraine relations, the following aspects are scrutinized: legal basis and objectives, institutional framework and mechanisms of enhanced conditionality, and legislative approximation. In addition, constitutional challenges for the effective implementation of the EU-Ukraine AA are discussed. Based upon a comparison with other EU external agreements, it is demonstrated that the EU-Ukraine AA is an innovative legal instrument providing for a new type of integration without membership.
Fighting the Lernaean Hydra - General Measures in the Operative Part of the European Court of Human Rights' Judgments: Broad Context and Ukrainian Perspectives
(2015) Dubinska, Olga; Soldatov, Oleg
The European Court of Human Rights recently has introduced a variety of instruments to streamline the flow of applications and to address the handling of repetitive applications. This article discusses one of these instruments - the indication of “general measures” in the operative part of the Court’s judgments, a reform introduced in 2004. This article also discusses the issues likely to cause the Court to indicate "general measures" in its judgments against Ukraine: the length of judicial proceedings and the conditions of detention.
A Word of Welcome from the President of NaUKMA : [preface]
(2015) Meleshevych, Andriy
Preface to the first issue of the Kyiv-Mohyla Law and Politics Journal.
The Winter of Our Discontent: Emotions and Contentious Politics in Ukraine during Euromaidan
(2015) Gomza, Ivan; Koval, Nadiia
Drawing upon 60 semi-structured interviews, this study adopts an emotion-centered approach to studying the non-violent phase of Euromaidan protests in Ukraine. We find that, first, the overlapping and mutual amplifying of two successive moral shocks was the primary mechanism of mobilization. The mobilizing success of the moral shocks is interpreted through introducing the notion of emotional path dependence. Second, the nature of moral shock is explained as a combination of emotional and cognitive components. Third, we find that emotional components of collective identity construction created moral barriers between a brotherhood of virtuous protesters and profoundly immoral antagonists, which, combined with the perceived universality of claims, rendered the bystanders’ position unacceptable.
EU Law Concepts as Legal Transplants: Linguistic Difficulties of Transferring EU Consumer Law Concepts into Ukrainian Legal System
(2015) Samsonova, Olena
This article’s purpose is to review certain EU legal concepts from a comparative law and linguistics perspective and to create guidelines for adapting these EU law concepts to the conceptual system of the member states. This article draws on comparative law studies for the theory of legal transplants and on linguistics for the methodology of terminology. After analyzing the EU legal concepts as a specific type of transplants, the article focuses on specific examples of legal transplantation from EU consumer protection law. In this process, the EU law is the source system and the Ukrainian law is the recipient. Based on the consumer protection law examples, this article identifies and explains the most common linguistic reasons for transplant failures, describes the possible legal outcome for the recipient legal system and proposes a possible solution using linguistic methods.
Elsuwege Peter Van and Roman Petrov, eds. Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union. London; New York: Routledge, 2014. 268 pp. : [review]
(2015) Mykievych, Mykhailo
The study is a welcome addition to literature on EU external relations law. Modern patterns of legal research call on scholars to take a complex interdisciplinary approach to their work, and this book certainly contributes to these attempts.
The Role of State in Ukrainian Business: Violent Bespredel and Profitable Partner
(2015) Kyselyova, Tatiana
This article analyses the role played by the Ukrainian state in the everyday business of average Ukrainian firms in 2007-2011. Relying on the empirical findings of a five-year case study conducted in Eastern Ukraine, this article confirms the image of the Ukrainian state as a "grabbing hand" or bespredel - an unrestricted and violent power. The contractual relations of the researched firms and the state actors were fraught with illegal practices such as kickbacks from suppliers and the need to systematically violate the law on state procurement; pervasive Soviet-style personal relations; the risk of experiencing violent administrative pressure including criminal prosecution; and deficiencies in the enforcement of contracts. Notwithstanding these risks, the researched businesses revealed no absolute moral prohibition against joining the "grabbing hand" of the state to exploit public resources and advance their own private gains.
Direct Horizontal Effect of the Basic Freedoms of the EU Internal Market
(2015) Müller-Graff, Peter-Christian
Direct horizontal effect of the basic freedoms of the EU internal market as they are laid down in articles 28 to 66 TFEU is not a new question of European Union law: neither for legal doctrine nor for legal practice. But it has gained new momentum in the jurisprudence of the European Court of Justice (ECJ) and in the legal scientific literature in recent time, which demands the clarification of the normative approach to this topic and of its ramifications for single issues.
Vasylenko Volodymyr and Myroslava Antonovych, eds. Holodomor 1932-1933 rokiv v Ukraini iak zlochyn henotsydu zhidno z mizhnarodnym pravom. Kyiv: Vydavnychyi dim "Kyievo-Mohylianska akademia", 2013. 360 pp. : [review]
(2015) Anosova, Yu.
The collective monograph The Holodomor of 1932–1933 in Ukraine as a Crime of Genocide under International Law is a result of annual workshops held by the Department of International Law of the National University of Kyiv-Mohyla Academy in 2008–2012. It consists of a series of papers in Ukrainian and in English written by Ukrainian and American researchers of the Holodomor.
The Regional Level of Ukraine’s Party System in 2005-2012
(2015) Romanova, Valentyna
This article describes the results of a regional-level study of Ukrainian political parties’ interactions. The study sought to identify the congruence or incongruence of the party affiliation of the regional executives and the heads of regional assemblies across Ukraine when Ukraine’s democratic performance rose and fell. The study found that when democratic performance rose, so did regional-level, party-affiliation incongruence, with the greatest ideological incongruence occurring in regions with special institutional arrangements, such as Kyiv and Sevastopol. When Ukraine’s democratic performance fell, the number of ideologically congruent regions rose. These shifts occurred because a decline in democratic performance leaves little institutional room for statewide opposition, and the main competitors of the ruling party in regional bodies of power are non-statewide parties and blocs. Thus, this article argues that political cleavages in a regionally diverse post-communist state do not automatically mirror the statewide party competition.
Ukrainian Security Policy and the Threat from the East: Key Findings from Kyiv: (Presentation at the US-UA Working Group: Yearly Summit, June 19, 2014)
(2015) Howard, Glen
Presentation at the US-UA Working Group: Yearly Summit, June 19, 2014.
HIV-activism in a Post-socialist State: The Case of Ukraine
(2015) Semigina, Tetyana
Drawing on archival materials, in-depth qualitative interviews with current and former HIVactivists, and participant observation at HIV prevention organizations in Ukraine, I sketch the history and recent activities of HIV-activists organizations. The research allowed me to identify the role of civil society organizations in health policy processes, practices and types of HIV-activism, and challenges for this activism’s development. The paper shows that major transformations have occurred in both service provision and policy practices, including the introduction of the national and regional coordination councils. These councils enforce the horizontal level of public policy, as well as changing the public’s opinion regarding HIV-positive people and the measures to combat HIV. The international organizations and their beneficiaries in Ukraine are the main challengers to existing practices and the driving forces for changes in public health policy and the strengthening of participatory approaches.
Seunghoon Emilia Heo. Reconciling Enemy States in Europe and Asia. Basingstoke: Palgrave Macmillan, 2012. 194 pp. : [review]
(2015) Koval, Nadiia
“We are living through a peace epidemic,” is how then president of Cyprus George Vassiliou grounded his optimism about launching intercommunal talks designed to successfully resolve the Cyprus problem in September 1988. More than 25 years later, while the Cyprus conflict is still far from resolution, the mentioned “peace epidemic” continues to cover political rhetoric and practice. This poses new challenges to political science as a pure desire to break the vicious circles of war and hatred through dialogue and reconciliation, along with an ethical approach to international relations, which needs workable instruments to come to life in the real world.
Legal Accountability for the Holodomor-Genocide of 1932–1933 (Great Famine) in Ukraine
(2015) Antonovych, Myroslava
This article deals with the problem of legal accountability for the 1932–1933 Holodomor in Ukraine under international and regional legal instruments, international customary law and Ukrainian legislation. The article focuses on Ukraine’s obligation to punish persons for the grave human rights violations of the communist regime then in power in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) and Council of Europe Resolutions 1096 (1996) and 1481 (2006). The author concludes that holding the Communist Party of Ukraine responsible for the Holodomor will help Ukrainians to cope with their totalitarian communist past.
The Separatism of Chechnya in 1991: Prerequisites for the Republic’s Secession from Russia
(2016) Kermach, Ruslan
The article deals with the case of Chechen separatism, which resulted in the secession of the Republic from Russia in 1991. The theoretical framework for this study is based on considering secession as a dynamic process triggered by a shift in the perception of a cost-benefit equilibrium regarding a possible attempt at secession. The second section of the article briefly analyzes the most important structural prerequisites, which could have been conducive for Chechen secessionism at the beginning of the 1990s. The last section explains the factors, which could have been crucial in changing the initial calculation of a costs and benefits equilibrium regarding the possible attempt at secession. Among the above mentioned factors, the rise of ethno-nationalism and nationalist elites creating discourse justifying the secession of the Chechen Republic. The role of the center-periphery relationship and the weakening position of the federal center in Moscow are also considered in the article.
The EU and conflict mitigation in the European neighborhood: a story of a gap between ambition and deeds
(2016) Novakova, Zuzana; Petrov, Roman
From Russia’s aggression in Eastern Europe to the aftermath of the Arab Spring in the Southern Mediterranean, conflicts and violence highlight a range of new challenges to the EU’s external policy. There were six territorial disputes among the EU’s neighbours when the European Neighbourhood Policy was launched 12 years ago. None of these has been resolved, and both the Eastern and the Southern neighbours are more unstable and insecure today than they were when the Policy was launched. The EU seems unprepared to deal with these conflicts, as they now exist. This article analyses the European Neighborhood Policy as a framework for EU involvement in conflict prevention, management and resolution. The focus is twofold: first, on the principle of good neighborliness and the pitfalls preventing its effective implementation and, second, on the wider policy and political context of EU actorness in conflict and security matters.
Hybrid War or Civil War? The Interplay of Some Methods of Russian Foreign Policy Propaganda with International Law
(2016) Zadorozhnii, Oleksandr
This article discusses the attempts of Russian officials to hide the elephant in the room - Russia’s military participation in a war that Russia falsely portrays as civil war in eastern Ukraine. Unlike Russia’s propaganda, it relies on the facts of Russia’s involvement in Ukraine, facts that show that Russian troops participated in the fighting in Donbas even though this has been adamantly denied by the highest ranking Russian officials. The author concludes that international law requires Russia and Russian leaders to be held responsible for waging a war of aggression against Ukraine.
The "Invisible Battalion": Women in ATO Military Operations in Ukraine
(2016) Martsenyuk, Tamara; Grytsenko, Ganna; Kvit, Anna
The study bears a metaphorical title - “The Invisible Battalion” - to reflect the finding that women in the Armed Forces of Ukraine and in volunteer battalions in the ongoing conflict in the Donbas are not given equal treatment to their male colleagues; their contributions are rarely recognized. The theoretical background of this article brings us to the sociology of the military, gender in organizations, and feminist perspectives of women’s participation in the armed forces. Fieldwork to study women’s participation in the ATO (summer-autumn 2015) was conducted using 42 in-depth semi-structured interviews with women (aged 20-47) who are, or were in the ATO.
Cost of parliamentary politics in Ukraine
(2016) Meleshevych, Andriy
The objective of this paper is to conduct primary research on the cost of parliamentary politics in Ukraine, the financial implications of running for a seat in the national parliament (Rada), and the cost incurred by an MP once in office. Drawing upon semi-structured interviews with current and former members of the Rada, unsuccessful candidates for these positions, subject matter experts on Ukrainian parliamentary elections, the paper explores the main drivers of the cost of politics in Ukraine.

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