No. 4

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Now showing 1 - 5 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.