No. 2: Legal and political dimensions of contemporary conflicts in EuropeNo Descriptionhttps://ekmair.ukma.edu.ua/handle/123456789/145312024-03-29T13:13:28Z2024-03-29T13:13:28Z121PrefacePetrov, Romanhttps://ekmair.ukma.edu.ua/handle/123456789/145422019-03-14T15:05:07Z2016-01-01T00:00:00Zdc.title: Preface
dc.contributor.author: Petrov, Roman
dc.description.abstract: Preface to the second issue of the Kyiv-Mohyla Law and Politics Journal.
2016-01-01T00:00:00ZThe EU and conflict mitigation in the European neighborhood: a story of a gap between ambition and deedsNovakova, ZuzanaPetrov, Romanhttps://ekmair.ukma.edu.ua/handle/123456789/145412018-11-06T10:43:08Z2016-01-01T00:00:00Zdc.title: The EU and conflict mitigation in the European neighborhood: a story of a gap between ambition and deeds
dc.contributor.author: Novakova, Zuzana; Petrov, Roman
dc.description.abstract: 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.
2016-01-01T00:00:00ZThe Crimea Crisis from an International Law PerspectiveMarxsen, Christianhttps://ekmair.ukma.edu.ua/handle/123456789/145402018-11-06T10:44:53Z2016-01-01T00:00:00Zdc.title: The Crimea Crisis from an International Law Perspective
dc.contributor.author: Marxsen, Christian
dc.description.abstract: 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.
2016-01-01T00:00:00ZCrimea’s Annexation in the Light of International Law. A Critique of Russia’s Legal ArgumentationMerezhko, Oleksandrhttps://ekmair.ukma.edu.ua/handle/123456789/145392018-11-06T10:47:48Z2016-01-01T00:00:00Zdc.title: Crimea’s Annexation in the Light of International Law. A Critique of Russia’s Legal Argumentation
dc.contributor.author: Merezhko, Oleksandr
dc.description.abstract: 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.
2016-01-01T00:00:00ZThe Orange and Euromaidan Revolutions: Theoretical and Comparative PerspectivesKuzio, Tarashttps://ekmair.ukma.edu.ua/handle/123456789/145382018-11-06T10:49:33Z2016-01-01T00:00:00Zdc.title: The Orange and Euromaidan Revolutions: Theoretical and Comparative Perspectives
dc.contributor.author: Kuzio, Taras
dc.description.abstract: Ukraine has experienced two popular uprisings in a decade (2004, 2013–2014), which took
place in four different circumstances. Firstly, the Orange Revolution began as a protest against
election fraud during an election cycle while the Euromaidan began in protest at the abrupt end
to European integration and was outside an election cycle. Secondly, whether the incumbent
was leaving office (Leonid Kuchma, 2004) or seeking to be re-elected and remain in power
indefinitely (Viktor Yanukovych, 2013–2014) had a direct bearing on regime strategies against
the protestors. Thirdly, Russian intervention was limited to finances, the supply of political
technologists and diplomatic support in the former whereas during the latter, Russia used its
intelligence, special forces and military to intervene in the protests, annex territory and invade
Ukraine. Fourthly, the type of leader which was in power (former Soviet nomenklatura versus
thuggish and criminalized Donetsk clan) had a direct impact on whether the authorities would
seek compromise and non-violence (Kuchma, 2004) or reject compromise and resort to violence
through vigilantes, Berkut riot police and the Security Service (Yanukovch, 2013–2014).
2016-01-01T00:00:00ZHybrid War or Civil War? The Interplay of Some Methods of Russian Foreign Policy Propaganda with International LawZadorozhnii, Oleksandrhttps://ekmair.ukma.edu.ua/handle/123456789/145372018-11-06T10:51:37Z2016-01-01T00:00:00Zdc.title: Hybrid War or Civil War? The Interplay of Some Methods of Russian Foreign Policy Propaganda with International Law
dc.contributor.author: Zadorozhnii, Oleksandr
dc.description.abstract: 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.
2016-01-01T00:00:00ZThe Challenge of Peace Building and Conflict Transformation: A Case Study of Northern IrelandJarman, Neilhttps://ekmair.ukma.edu.ua/handle/123456789/145362018-11-06T10:53:32Z2016-01-01T00:00:00Zdc.title: The Challenge of Peace Building and Conflict Transformation: A Case Study of Northern Ireland
dc.contributor.author: Jarman, Neil
dc.description.abstract: 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.
2016-01-01T00:00:00ZCost of parliamentary politics in UkraineMeleshevych, Andriyhttps://ekmair.ukma.edu.ua/handle/123456789/145352018-11-06T10:55:12Z2016-01-01T00:00:00Zdc.title: Cost of parliamentary politics in Ukraine
dc.contributor.author: Meleshevych, Andriy
dc.description.abstract: 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.
2016-01-01T00:00:00ZThe "Invisible Battalion": Women in ATO Military Operations in UkraineMartsenyuk, TamaraGrytsenko, GannaKvit, Annahttps://ekmair.ukma.edu.ua/handle/123456789/107352018-11-06T11:00:47Z2016-01-01T00:00:00Zdc.title: The "Invisible Battalion": Women in ATO Military Operations in Ukraine
dc.contributor.author: Martsenyuk, Tamara; Grytsenko, Ganna; Kvit, Anna
dc.description.abstract: 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.
2016-01-01T00:00:00ZIllegal Crossing of the State Border in Light of Polish Criminal LawBanasik, Katarzynahttps://ekmair.ukma.edu.ua/handle/123456789/145342018-11-06T11:03:27Z2016-01-01T00:00:00Zdc.title: Illegal Crossing of the State Border in Light of Polish Criminal Law
dc.contributor.author: Banasik, Katarzyna
dc.description.abstract: The subject of this paper is the illegal crossing of the Polish border. The paper focuses on
criminal law issues. To explain the element "in violation of the relevant regulations", being one
of the elements of the criminal offences regarding the illegal crossing of the state border, the
author begins by presenting the significant regulations of the Schengen Borders Code and of the
Polish statute on the protection of the state border. The author then makes a detailed analysis
of offences concerning the unlawful crossing of the Polish border. The statute of limitations on
punishability and provisions for the rehabilitation of offenders convicted of the illegal crossing
of the Polish border are also the subject of the analysis. The author concludes by making the
evaluation of Polish criminal law regulations on the illegal crossing of the state border.
2016-01-01T00:00:00Z