No. 4

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Now showing 1 - 12 of 12
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    (2018) Meleshevych, Andriy
    Preface to the fourth issue of the Kyiv-Mohyla Law and Politics Journal.
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    The Rule of Law in European Integration: Roots, Functions, Challenges
    (2018) Müller-Graff, Peter-Christian
    Text of the lecture delivered to the incoming students and the academic community of the National University of Kyiv-Mohyla Academy on September 1, 2018.
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    Europeanization Through EU External Agreements and the Issue of "Constitutional Identity": the Case of the EU-Armenia CEPA
    (2018) Khvorostiankina, Anna
    Using the concept of “constitutional identity” as a theoretical basis, this article analyses the potential transformative influence of the EU-Armenia Comprehensive and Enhanced Partnership Agreement (CEPA) on the Armenian legal system. In particular, the author focuses on the Agreement’s capacity to stimulate the implementation of the EU’s “common values” and transpose the norms, general principles, and methodological approaches of EU law into the domestic legal order. It is argued that this potential depends on two elements of the “constitutional identity” of the Armenian legal order: its axiological core and its openness to external influences.
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    Impact of the EU-Georgia Association Agreement on the Legal Order of Georgia
    (2018) Gabrichidze, Gaga
    The EU law as normative power is capable of affecting the legal order of non-member countries in different ways. This chapter addresses the commitments which Georgia has imposed on itself, be that on the basis of unilateral acts or in the framework of an international agreement, and are aimed at approximating the Georgian law to that of the EU. Obviously, in this sense, commitments undertaken under the EU-Georgia Association Agreement are of great significance. The chapter explores Georgian approach to the EU law which is reflected in unilateral acts adopted by the Georgian lawmaker. Furthermore, particular attention is given over to commitments assumed under the EU-Georgia Association Agreement, especially to preserve and respect common values and to approximate Georgian laws to EU norms. It is argued that the EU law will be - especially through the Association Agreement - a decisive factor in the further development of the Georgian legal order.
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    Legal Challenges of the EU-Belarus Relations
    (2018) Karliuk, Maksim
    EU-Belarus relations have seen many changes throughout the years ranging from closer engagement to isolation. Although recently the relations started to improve, the main international agreement between Belarus and the EU is still the one concluded by the Soviet Union. Even though there are plans on changing the situation and concluding a new international framework agreement with the EU, it is clear that Eurasian integration is of primary importance for Belarus. This article focuses on analyzing the legal basis of the EU-Belarus relations, effect that international contractual obligations have in the domestic legal order, and the way membership to the Eurasian Economic Union influences that. It is argued that new contractual legal framework between Belarus and the EU is imaginable, although it would be limited, among others, due to transfer of certain exclusive competences to the supranational level of the Eurasian Economic Union.
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    Legal Interpretation in Post-truth Society: Ukrainian Case
    (2018) Zvieriev, Ievgen
    Since Euromaidan and the beginning of annexation of Crimea and hostilities in the East of Ukraine post-truth was not much in focus of Ukrainian scholars. The events mentioned above have pulled the trigger of interest to the term in international scholarly world. Ukraine was not an exception in this situation. Having suffered through the consequences of post-truth practical application, Ukrainians have much to say on the matter of post-truth description and on the matter of dealing with it. My specific interest concerned the area of law, and this article focuses on the role post-truth plays in legal fields. I go over the basic ideas of post-truth, analyze its origin and influence, as well as provide examples of its legal application in Ukrainian environment.
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    The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges
    (2018) Venher, Volodymyr
    The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internally displaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation.
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    Problems of Adherence by Ukraine to International Commitments in Resolution of Cases in Trials that Took Place in Temporarily Occupied Territories
    (2018) Basysta, Iryna; Galagan, Volodymyr
    The legal procedure employed in criminal law where an individual was convicted by the courts of a temporarily occupied area of Ukraine has faced a number of challenges. When the European Court of Human Rights (ECHR) finds that Ukraine has run afoul of its international commitments during a trial, the records of such criminal proceedings shall be considered by the Supreme Court’s Grand Chamber, which shall apply the legal procedure regulations for newly discovered or exceptional circumstances, as outlined in Article 34 of the 2012 Criminal Procedure Code of Ukraine. At the same time, such hearing would be hindered by absence of reliable procedural regulations for retention of records in a criminal case in the occupied territory, and therefore are likely not available for review by the Supreme Court. In this article, the authors attempt to present both the objective challenges and the possible methods and means to address them to the international scholarly community. These challenges stand in the way of the reform of the Ukrainian judicial system as a whole, and particularly affect Ukraine’s adherence to its international commitments as it resolves of cases tried in the temporarily occupied territories. Considering the above, the authors analyzed the legislation and draft laws of Ukraine, as well as a number of international legislative documents, and outlined their own evidence-supported academic opinion on how to resolve the problem as well as articulated their approach to the organizational and legislative aspects of Ukraine’s adherence to its international commitments as the country’s courts resolve such criminal cases.
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    Franck's Right to Democratic Governance and the Role of Democratic Sanctions
    (2018) Bernatskyi, Bohdan
    In 1992, Tomas Franck conceptualized the democratic entitlement theory - a new approach regarding the international validation of governance, which was previously based solely on the “doctrine of effective control.” This led to the emergence of a new international norm under which only democracy can validate a government’s legitimacy. Twenty years later, the theory proposed by Franck has gained more currency. International organizations and states began and continue to address the legitimacy of a government by imposing democratic sanctions. This article proposes to corroborate the Franck democratic entitlement theory by incorporating democratic sanctions, while also consolidating cases where sanctions were applied, inter alia, construing legal status of such measures.
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    Taxation of Permanent Establishments in Ukraine: Unresolved Issues
    (2018) Trachuk, Vitalii; Franchuk, Khrystyna
    This article deals with selected issues of taxation of permanent establishments in Ukraine that lack appropriate judicial and scholarly attention. It particularly focuses on the attribution of profits to permanent establishments according to OECD standards and Ukrainian law, taxation of dependent agent permanent establishments, and the State’s taxing rights with respect to the permanent establishment’s financing by its head office. The authors conclude that to improve the quality of permanent establishments’ taxation in Ukraine, appropriate procedures should be clearly prescribed in the law and due regard be given to the already developed international standards that might be, in fact, directly applicable.
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    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
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    Havrylyshyn, Oleh. The Political Economy of Independent Ukraine: Slow Starts, False Starts, and a Last Chance? London: Palgrave MacMillan, 2017. 353 pp. : [review]
    (2018) Burlyuk, Olga; Shapovalova, Natalia
    Review of "Havrylyshyn, Oleh. The Political Economy of Independent Ukraine: Slow Starts, False Starts, and a Last Chance? London: Palgrave MacMillan, 2017. 353 pp.".