Kyiv-Mohyla Law and Politics Journal

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https://ekmair.ukma.edu.ua/handle/123456789/14513

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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Between Professionalism and Activism: Ukrainian Journalism after the Euromaidan
(2017) Budivska, Halyna; Orlova, Dariya
A crucial benchmark in Ukraine’s recent history, the Euromaidan protests triggered many transformations across Ukrainian society. Ukrainian journalism has affected and has been affected by these changes and their challenges. Journalists’ activism emerged as one of the major features of Ukraine’s post-Euromaidan media landscape but remains understudied. Informed by the concepts of "journalism culture" and "journalism professionalism", this article explores journalists’ perceptions about their activism, the boundaries of their professionalism and their experiences confronting the activism versus professionalism dilemma. It identifies journalists’ competing approaches to the new challenges and their complicated context and discusses these approaches’ implications for the Ukrainian media and journalism.
The Challenge of Peace Building and Conflict Transformation: A Case Study of Northern Ireland
(2016) Jarman, Neil
This paper provides an overview of the transition from armed conflict to peace in Northern Ireland between 1994 and 2016. It discusses the main stages of the peace process and the main elements of the peace agreement in relation to the development of global thinking around peacebuilding as set out in the United Nations 1992 report Agenda for Peace and the 2000 Brahimi Report. The paper argues that while Northern Ireland is often highlighted as a positive example of peacebuilding, its example is not without limitations. Overall, the experience of the past twenty years emphasizes the importance of ensuring a broadly inclusive process and the need for a sustained commitment over a long period.
Characteristics of Advocacy under Different Freedom Regimes : Belarus, Ukraine, and Lithuania
(2020) Batsyukova, Svitlana
This article presents a comparative analysis of the characteristics of advocacy in three countries with different levels of political and civil freedom. This analysis correlates each country’s freedom level with the characteristics of its advocacy activities. The analysis’s results are based on interviews of experts conducted from 2015 through 2017 in unfree Belarus, partly free Ukraine, and free Lithuania. The analysis focuses on the following advocacy characteristics: its scale; its agents and targets; its goals; the extent to which it sought to protect rights, freedoms, and other interests, its promotion of ideas; and its results.
Civil Society Against Corruption in Ukraine: Pathways to Impact
(2019) Bader, Max; Huss, Oksana; Nesterenko, Oksana; Meleshevych, Andriy
The 2013–2014 Revolution in Ukraine has spurred a boom in civic anti-corruption initiatives across Ukraine. There is as yet little consolidated understanding of how effective these initiatives are and what explains variation in effectiveness. Insights from academic and practitioner literature suggest that factors associated with success in anti-corruption activism fall under three broad categories: environmental factors, advocacy strategies of civil society organizations, and their organizational characteristics. Drawing on a comprehensive study of anti-corruption activism in the regions of Ukraine, this article asks how these insights relate to anti-corruption activism in the regions of Ukraine. We find that anti-corruption initiatives generally face two key dilemmas: insufficient capacity in terms and financial and human resources, and the absence of a credible base of support. Anti-Corruption organizations that are most effective tend to be those that convincingly solve either one of these two dilemmas. In addition, we find that political will among local authorities is an important conducive factor to the effectiveness of anti-corruption activism. The article also discusses the implications of our findings for practitioners of international assistance.
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 Comparative Analysis of Regional Governors’ Approaches to Fostering Inclusive Political Institutions in Post-Euromaidan Donbas
(2017) Romanova, Valentyna
This study is inspired by a theory-driven expectation of a co-author of Why Nations Fail Daren Acemoglu in regard to fostering inclusive political institutions in post-Euromaidan Ukraine despite the armed conflict in Donbas. I examine how appointing a civil society activist - the one who used to help the Ukrainian Army during the security operation in Donbas - for a position of a regional executive in post-Euromaidan Luhansk oblast affects regional governors’ approaches towards the key conditions of inclusive political institutions: state capacity and power distribution. State capacity, namely its key dimension of monopoly over violence, is operationalized as control over the contact line in the armed conflict in Donbas. Power distribution is operationalized as holding democratic elections. I compare the approaches of three regional executives, including the one who was the civil society activist, towards state capacity and power distribution. I find that appointing the civil society activist for a position of a regional executive in post-Euromaidan Luhansk oblast affects regional governors’ approach towards control over the contact line, but not towards holding democratic elections. The study contributes to literatures on inclusive political institutions by analyzing new empirical data in line with the conceptual framework of Acemoglu and Robinson tailored for its application in post-Euromaidan Luhansk oblast.
Constitutionalism within Times of Change: Authority, Society and Democracy
(2021) Esiobu, Dzhustin
This article, following classical methodological patterns, as well as their evolution framework, identifies key features of the two most predominant constitutionalism traditions—political and legal, simultaneously drawing indispensable red lines with regard to correlation of the doctrine and a Fundamental Law itself. Respectively, the features have been rendered as the very elements of constitutionalism’s role within times of change—i. e., over the aforementioned time frames and transition states in between—whereas the doctrine’s capacity to answer so-called “questions of constitutionalism” constitutes its underlying response mechanism. The article addresses the phenomena of authority, society and democracy in their modern perception, and makes crucial points upon the constitutionalism’s effect on their sheer structures.
The Correlation of Constitutional and International Law : The Ukrainian Case
(2020) Koziubra, Mykola; Zvieriev, Ievgen
Constitutional and international law often interrelate and regulate certain areas differently. The legal scholar’s viewpoint significantly determines his or her approach to the role of international and constitutional law in certain legal circumstances. This article focuses on the issue of determining the place of international treaties and generally recognized international law principles and norms in Ukraine’s domestic legal system. Ukraine has a well-established practice of automatically recognizing international treaties’ priority over its norms of domestic legislation, but this priority cannot be regarded as absolute. This article argues that legal scholars advance different arguments on this because they apply different approaches—approaches that originate either in constitutional or international law.
Corrupting or Stabilizing: The Political Economy of Corruption in Donbas’s "People’s Republics"
(2019) Gricius, Gabriella
A wide range of normative implications exists between corruption and the stability of de-facto states. While some claim that corruption inherently disrupts institutional development and stumps economic growth, others argue that corruption in some cases acts as a stabilizing factor for authoritarian regimes. Regardless, corruption generally plays a role in the political economy of any state. In de-facto states, corruption tends to play an outsized role, either or equally impacting the exercise of political authority or the allocation of public goods and services. This research aims to examine the case study of the Luhansk and Donetsk "People’s Republics" and the relationship between corruption and governance in these two de-facto regions to better understand how corruption and stability are interrelated. Methodologically, I plan to use mostly political economy methods, namely focusing on using Goodhand’s framework of analyzing different economies during conflict. I will rely mostly on open-source information for this preliminary research to determine what the governance structure is, namely focusing on the DPR’s and the LPR’s respective governments.
Cosmopolitanism and Nationalism : A Critique of the Effectiveness of the International Refugee Regime
(2020) Ng Yan Chao, Ivan
The past few years have seen the issue of refugees rise in prominence, particularly in Europe but also in other parts of the world. It has been almost seven decades since the United Nations High Commissioner for Refugees was set up and the first international treaty regulating the issue of refugees signed. This article examines the international legal framework governing the issue of refugees and argues that it is ineffectual because refugees are inherently a matter of high politics—refugees are fundamentally a political issue subject to the vicissitudes of politics. The moral and economic justifications for the international refugee regime are also highly contested, and this contestation plays out in the political realm. The international refugee regime and legal regulation of the issue is unlikely to be effective for as long as the nation-state continues to be the primary actor in the international world order. This is because the international refugee regime requires enforcement by states to be effective—however, political, moral and economic vicissitudes across the states involved impede its ability to function in its ideal conception.
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.
The Crimea Crisis from an International Law Perspective
(2016) Marxsen, Christian
In February and March 2014, Ukraine was literally overrun by a chain of events that eventually led to Crimea’s incorporation into Russian territory. Crimean and Russian authorities jointly used the internal conflict in Ukraine to deprive the Ukrainian government of its control over Crimea, to hold a so-called referendum, and to declare Crimea’s independence. On the day after independence was declared, Russia formally recognized Crimea as an independent state, and the Crimean parliament requested Russia to admit Crimea to the Russian Federation. Soon after that, the accession treaty was signed, and, within a few more days, all Russian constitutional requirements for Crimea’s accession to the Russian Federation were fulfilled. All parties to the conflict refer to international law to justify their positions. The Crimean authorities and Russia claim that Russia had a legal basis for intervening and that Crimea had the right to secede from Ukraine. Most states, however, reject these claims. Thus, three questions are presented: Was Crimea’s secession lawful under international law? To what extent has Russia violated international law? And what is Crimea’s status? This article addresses these questions. Part 1 briefly describes the relevant circumstances and events leading to Crimea’s secession. Part 2 reviews the legal obligations between Ukraine and Russia concerning territorial integrity and the prohibition against the use and threat of force. Parts 3 and 4 discuss the legality of Russia’s intervention in Crimea and the legality of Crimea’s secession from Ukraine, respectively. Part 5 concludes this article by answering the questions it raises.
Crimea’s Annexation in the Light of International Law. A Critique of Russia’s Legal Argumentation
(2016) Merezhko, Oleksandr
Crimea’s annexation by Russia violated a whole range of the fundamental principles of international law and international treaties guaranteeing Ukraine’s territorial integrity, the inviolability of its borders, and security. By annexing Crimea, Russia also violated the estoppel principle of law and international morality. In light of the principles of contemporary international law, as well as in light of the Russian doctrine of international law, the arguments put forward by Russia’s President Putin, Russian officials, and international lawyers are untenable and in contradiction of the previous Russian doctrine’s approach towards the relationship between the principles of self-determination and territorial integrity.
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.
Editorial
(2021) Zvieriev, Ievgen; Zvieriev, Ievgen
Introductory word from the editors.
Editorial
(2023) Petrov, Roman; Zvieriev, Ievgen
2022 was a year of tragic events for Ukraine and its peopledue to unprecedented military invasion by Russian Federationon February 24th. Kyiv-Mohyla Law & Politics Journal like many other Ukrainian academic periodicals and higher education establishmentshas faced unprecedented challenges of survival. Thus, we decided to postpone its 8/2022 issue and to merge it with 9/2023 issue. The editorial team has managed to attract and to review a number of high-quality articles, reflections and case notesin law and political science we propose to our readersin this joint 8-9/2022-2023 issue. All the materials have undergone thorough external review as usual.
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.
An Essay on Legal Writing in Plain English
(2018) Kelley, Christopher R.
This essay is addressed to law students, lawyers, law professors, legislators, and judges who write in English. It offers tips on writing clearly, concisely, and engagingly in the plain English style. This is the style taught in U. S. law schools and in continuing legal education programs for U. S. lawyers and judges. And federal law requires federal agencies to use the plain English style when they write regulations and other public documents. It is offered here to encourage you to use the plain English style when your goal is to communicate efficiently and effectively
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.
The EU and the Reform of the Investment Protection Regime
(2020) Svoboda, Ondřej
The enlargement of the European Union’s (EU) exclusive competence in foreign direct investment (FDI) through the Lisbon Treaty has had profound implications. The EU has become an actor in the global investment regime and has begun to develop its own investment policy, including by negotiating international investment and comprehensive trade and investment agreements with third parties. Considering the magnitude of the EU economy and the fact that the EU Member States have concluded almost 1,400 bilateral investment treaties (BITs) out of the roughly 3,300 BITs in force worldwide, Europe’s potential influence over the international investment system is enormous. Consequently, an increasing number of lawyers and political scientists have become interested in the EU’s role in FDI. Three studies published by Routledge during the last three years reflect this trend. And each study offers different and valuable perspectives on the EU’s role in FDI.

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