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Применение принципа «пропорциональности» в национальной судебной практике Украины

100%

Пархоменко П. И.

Studia Politologiczne

2017

vol. 44

237-252

It is emphasized in comments the importance and necessity of application by the courts of Ukraine such legal principle as the principle of “proportionality”. It is illustrated by the analysis of the European Court of Human Rights, the Constitution of Ukraine and the position of the Constitutional Court of Ukraine. Also, the author gives examples of cases that were used before, and they were based on the described principle. The point mentioned above would help the native lawyers to use the principle of “proportionality”, to realize it in life and as a result would promote the defence of human rights.

Civic and institutional dimensions of democratization in Ukraine: the role of civic unity

88%

Pietrzyk-Reeves D.

Studia Politologica Ucraino-Polona

2015

vol. 5

102-110

looking at two rarely associated concepts, civic unity and the rule of law. It attempts to bring a novel approach to the study of democratization in a divided society such as Ukraine, building on a selection of the existing literature on the subject and focusing on the civic dimension of the process. It follows the approach of those political scientists who have challenged the “no precondition’ line in democratization research by looking precisely at context specific conditions that may sustain democracy. It is argued that the common sense of citizenship and belonging to a political community, supported by legal and institutional mechanisms and conscious effort of political elites, would contribute to the development of civil society and perhaps even democratic consolidation in the long run. Thus the civic and institutional dimensions of democratization should not be separated, especially in case of some post-communist societies such as Ukraine. The relationship between these two dimensions, however, is problematic at least from a methodological point of view and requires careful examination.

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1 Studia Politologica Ucraino-Polona

1 Studia Politologiczne

1 2017

1 2015

1 Pietrzyk-Reeves D.

1 Пархоменко П. И.

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Применение принципа «пропорциональности» в национальной судебной практике Украины

Civic and institutional dimensions of democratization in Ukraine: the role of civic unity