Kyiv-Mohyla Law and Politics Journal

Journal Information
EISSN : 24149942
Current Publisher: National University of Kyiv - Mohyla Academy (10.18523)
Total articles ≅ 58
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Latest articles in this journal

Max Bader, Oksana Huss, Andriy Meleshevych, Oksana Nesterenko
Kyiv-Mohyla Law and Politics Journal pp 1-35; doi:10.18523/kmlpj189975.2019-5.1-35

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.
Gissur Ólafur Erlingsson, Gunnar Helgi Kristinsson
Kyiv-Mohyla Law and Politics Journal pp 141-164; doi:10.18523/kmlpj189994.2019-5.141-164

The aim of this paper is to explore the effects of corruption tolerance on corruption levels. Strong claims are made in the literature to the effect that tolerance of corruption is universally low. We show, however, that there are non-trivial variations in tolerance of corruption, and that these are significantly related to commonly used indices of corruption. This suggests that understanding which factors shape corruption tolerance is important. Here, our concern is with the effects of elite structures on corruption. We first ask if closeness to power affects corruption tolerance and if the general population is less tolerant than elite groups. We then ask if different elite groups — e. g., politicians and civil servants respectively — are likely to form different standards regarding corruption. To hold certain external variables constant, the paper focuses on two relatively homogeneous, low-corruption countries: Sweden and Iceland. Our findings suggest that whereas little supports the closeness to power hypothesis — the general population is not less tolerant of corruption than elites — there may be important differences in how different elite groups within these countries view corrupt activities. This has implications for how corruption can be contained.
Bruna De Castro E Silva
Kyiv-Mohyla Law and Politics Journal pp 59-81; doi:10.18523/kmlpj189985.2019-5.59-81

This article intends to contribute to the current academic and policy debate on the values of determining whether a particular human rights violation was caused by a corrupt behavior; and to defend a human rights-based approach to corruption, based on its added socio-legal values. With this purpose, it analyzes and compares the legal reasoning and socio-legal dynamics of three human rights court cases involving and not involving corruption. By applying a directed content analysis combined with a socio-legal interpretative technique, the study explores and compares the rationality and the values addressed in both corrupt and non-corrupt cases. The results reveal that there are interconnected and mutually reinforcing socio-legal values in applying a human rights lens to combating corruption: (i) it is an improvement towards the justiciability of economic and social rights; (ii) it is a change of paradigm from the insufficient criminal approach to a focus on the social harm; and (iii) it is a more satisfactory approach to the overlapping harmful effects of corruption and inequality. The combination of these values can be used as a legal empowerment strategy, with a particular social accountability dimension, in order to strengthen the disadvantaged, and fight the encroachment caused by corruption on the enjoyment of human rights, especially economic and social rights.
Brad Fisher
Kyiv-Mohyla Law and Politics Journal pp 193-223; doi:10.18523/kmlpj190000.2019-5.193-223

This article seeks to analyze the asymmetric manipulation and exploitation of legal domains to achieve political objectives. A multidisciplinary analysis is offered to explore the perversion of the law to shape legitimacy, contain adversaries, justify violations, escape obligations, and ultimately to advantageously revise the international and domestic rule of law. Colloquially known as lawfare, this article offers a discourse analysis of the term and asserts that a more doctrinally appropriate phrase exists to describe this phenomenon; Malign Legal Operations (MALOPs). Furthermore, this article asserts that MALOPs are the root of contemporary hybrid warfare and that all other hybrid means are secondary. In particular, the Russian Federation’s behavior towards Ukraine in the Black Sea region is used as a case study to determine the extent of these MALOPs and to explore what measures can be taken to defend the rule of law.The primary example offered is Russia’s November 25th, 2018 attack on three Ukrainian Naval vessels in the Kerch Strait and its capture of 24 sailors. Supplementary examples include the annexation of Crimea, manipulations of the Montreux Convention, and Russia’s overall aggression towards Ukraine.
Stoyan Panov
Kyiv-Mohyla Law and Politics Journal pp 83-117; doi:10.18523/kmlpj189987.2019-5.83-117

The following paper examines the envisaged framework and effectiveness of thetriangulation of mechanisms currently planned at the EU level: the establishment of the European Public Prosecutor’s Office (EPPO), proceedings under Article 7 of the Treaty on European Union (TEU) against Poland and Hungary, and the mechanism to protect EU’s budget in deficiencies withregards to the rule of law in Member States. This research focuses on the overall structure and powers of the EPPO with special attention on its role in investigating and prosecuting offences affecting to the EU’s financial interests. This includes active and passive corruption among others with particular emphasis on the expected interaction between the EPPO and the national authorities. However, not all EU Member States have joined the EPPO framework. Here the role of the EU institutions is analyzed in light of the recent developments in Article 7 TEU proceedings. A third possible mechanism to react to the growth of executive powers in some states and the corresponding imbalances is the EU Commission’s proposal for a mechanism on the protection of the EU’s budget in case of generalized deficiencies as regards the rule of law. This may include corruption or other breaches to the implementation of the Union budget.
Gabriella Gricius
Kyiv-Mohyla Law and Politics Journal pp 37-57; doi:10.18523/kmlpj189980.2019-5.37-57

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.
Oksana Huss
Kyiv-Mohyla Law and Politics Journal; doi:10.18523/kmlpj189972.2019-5.v-xi

Thato Toeba
Kyiv-Mohyla Law and Politics Journal pp 165-192; doi:10.18523/kmlpj189997.2019-5.165-192

Corruption remains a fundamental and intricate issue in public administration to date. It is featured constantly as one of the foremost discontents that societies around the globe have with the administration of public service and the resulting socio-economic problems.1 While anti-corruption law is extensively adopted in Southern Africa, the implementation of law has encountered deficiencies and challenges in tackling, especially grand corruption. This paper focuses on Anti-Corruption Agencies (ACAs) and their efficacy in controlling corruption in Southern Africa. It argues that the inability of ACAs to arrest corruption in Southern Africa is embedded inter-alia in the precarious state-society relations in the region which perpetuate the ambiguity for corruption and impede the formation of a moral consensus on anti-corruption law. The state, which is regarded generally as a trustworthy custodian of social progress is viewedby most domestic constituents as apathetic to social welfare with its political ambitions as anti-ethical to those of citizens. The paper proposes the analytical framework of Context, Resonance & Relevance (CRR) to assess the compatibility of Anti-Corruption Agencies (ACAs) in Southern Africa with domestic institutional contexts. In this model, context assesses ACA framework in relation to the domestic political environment and the extent to which it allows ACAs the capacity to function efficiently amidst competing political priorities. Resonance is concerned with the political relationship between the domestic society and the ACA and whether the operating framework sufficiently engages cultural codes specific in said society which De Sardan argues “banalise” or “justify” corruption. Relevance engages typologies of corruption in the region and whether reforms sufficiently are targeted at specific problems.
Sabrina Pfister
Kyiv-Mohyla Law and Politics Journal pp 119-140; doi:10.18523/kmlpj189993.2019-5.119-140

Police forces are an important part of every democratic system and depend on societal legitimacy to perform their duties. Societal legitimacy stems from compliance with binding principles, like human rights and national law, and from broad acceptance from the people. Accordingly, police forces need the public’s trust to perform their duties in today’s European democracies. This paper investigates trust in police forces based on individual and contextual factors found in European countries. To explain trust in police forces, this paper uses human values on an individual level as well as perceived public-sector corruptionon a macro level. The analysis is based on data from the European Social Survey 2016 (ESS) and the Corruption Perception Index 2015 (CPI). It combines individual and contextual factors using multilevel models to explore differing levels of trust in police forces as well as the dynamics between perceived public-sector corruption, human values, and trust in the police. The results confirm previous findings that trust in police forces erodes in the face of perceived public-sector corruption, while human values play a sub-ordered role in the explanation of trust in the police in European countries.
Gaga Gabrichidze
Kyiv-Mohyla Law and Politics Journal pp 53-64; doi:10.18523/kmlpj153251.2018-4.53-64

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-GeorgiaAssociation 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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