No. 1

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    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.
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    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.
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    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.
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    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.
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    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.