Abstract The article studies the role of energy resources in the annexation of Crimea by the Russian government. Russian justification that this action was taken to protect Russian ethnicity, as declared with the “referendum”, can be challenged in the light of the realist balance of power concept. According to the research, Russia considered Ukraine’s improving relations with the West as a threat and tried to eliminate it with preemptive action, in order to reestablish regional balance of power with the West. The article finds that the energy factor had a significant role in this consideration but in a subtractive approach. More precisely, there were no major incentives for Russia to capture the Black Sea resources intrinsically, but these reserves were recognized as part of the main Ukrainian economic empowerment plan, particularly on the EU’s future energy market. Thus, Russia tried to block Ukraine’s access to them in line with a wedge strategy. Hence, the annexation can be considered as one part of Russian energy policy towards the EU and Russia’s goal to emasculate Ukraine’s natural gas transit role by constructing new pipelines such as Nord Stream and Turkish Stream, as the other part. The study exemplifies how Ukraine’s strategic position has been significantly diminished from the energy perspective.
{"title":"The Annexation of Crimea: A Realist Look from the Energy Resources Perspective","authors":"Javad Keypour, Ivar Hendla","doi":"10.1515/bjes-2019-0027","DOIUrl":"https://doi.org/10.1515/bjes-2019-0027","url":null,"abstract":"Abstract The article studies the role of energy resources in the annexation of Crimea by the Russian government. Russian justification that this action was taken to protect Russian ethnicity, as declared with the “referendum”, can be challenged in the light of the realist balance of power concept. According to the research, Russia considered Ukraine’s improving relations with the West as a threat and tried to eliminate it with preemptive action, in order to reestablish regional balance of power with the West. The article finds that the energy factor had a significant role in this consideration but in a subtractive approach. More precisely, there were no major incentives for Russia to capture the Black Sea resources intrinsically, but these reserves were recognized as part of the main Ukrainian economic empowerment plan, particularly on the EU’s future energy market. Thus, Russia tried to block Ukraine’s access to them in line with a wedge strategy. Hence, the annexation can be considered as one part of Russian energy policy towards the EU and Russia’s goal to emasculate Ukraine’s natural gas transit role by constructing new pipelines such as Nord Stream and Turkish Stream, as the other part. The study exemplifies how Ukraine’s strategic position has been significantly diminished from the energy perspective.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"148 - 165"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48381015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Japan’s diplomatic strategy toward East Asia underwent three main changes in the post-Cold War era. The first change occurred soon after the 1991 Persian Gulf War propelled Japan to consider a potential way to contribute to international security, resulting in the creation of dual-track diplomacy. The second was the consolidation of Japan’s dual-track diplomacy by strengthening the US–Japan alliance and supporting the ASEAN’s multilateral initiatives in the early 2000s. The third was the enhancement of Japan’s own security efforts to maintain regional stability while making the most of the existing political and security mechanisms in East Asia—multilateralizing US alliance networks and enhancing the ASEAN-led multilateral frameworks. In the future, two factors would likely play a critical role in shaping Japan’s diplomatic strategy: the degree of the future US commitment to the alliance with Japan and the level of China’s assertiveness.
{"title":"Japan’s Diplomatic Strategy toward East Asia: Creation and Evolution of ‘Dual-Track Diplomacy’ in the Post-Cold War Era","authors":"K. Koga","doi":"10.1515/bjes-2019-0013","DOIUrl":"https://doi.org/10.1515/bjes-2019-0013","url":null,"abstract":"Abstract Japan’s diplomatic strategy toward East Asia underwent three main changes in the post-Cold War era. The first change occurred soon after the 1991 Persian Gulf War propelled Japan to consider a potential way to contribute to international security, resulting in the creation of dual-track diplomacy. The second was the consolidation of Japan’s dual-track diplomacy by strengthening the US–Japan alliance and supporting the ASEAN’s multilateral initiatives in the early 2000s. The third was the enhancement of Japan’s own security efforts to maintain regional stability while making the most of the existing political and security mechanisms in East Asia—multilateralizing US alliance networks and enhancing the ASEAN-led multilateral frameworks. In the future, two factors would likely play a critical role in shaping Japan’s diplomatic strategy: the degree of the future US commitment to the alliance with Japan and the level of China’s assertiveness.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"40 - 60"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44781084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
O. Petryshyn, M. Petryshyna, O. Hyliaka, T. Didych
Abstract In this article, the authors, collaboratively and based on their experience of related research (normative-legal activity of local self-government (Petryshyna, 2011), general theoretical problems of law-making and norm-making (Didych, 2018), problems of reception of foreign experience of reforming local self-government (Petryshyn, 2014), and pressing problems of decentralization reform (Hyliaka, 2015)) investigate the features and the shortcomings of the system of normative-legal acts of local self-government of Ukraine. These include: the problems of the legal status and the nature of the modern system of normative legal acts of local self-government, its normative-legal consolidation; the issues of practical law-making by bodies and officials of local self-government through the prism of the heritage of the Soviet system of local self-government; the shortcomings in the reforms undertaken since independence; the ongoing decentralization and associated reforms as well as existing concepts and plans aimed at the integration of Ukraine into European legal space and the European Union in particular. The result of the study was the identification of a number of substantiated features of the system and general recommendations aimed at the improvement of the overall state of local self-government and its law-making activity in the context of the current and future related reforms in Ukraine.
{"title":"The Features of the System of Normative-Legal Acts of Local Self-Government of Ukraine: A Rejection of the Soviet Union Postulates in Favour of the European Union Values","authors":"O. Petryshyn, M. Petryshyna, O. Hyliaka, T. Didych","doi":"10.1515/bjes-2019-0034","DOIUrl":"https://doi.org/10.1515/bjes-2019-0034","url":null,"abstract":"Abstract In this article, the authors, collaboratively and based on their experience of related research (normative-legal activity of local self-government (Petryshyna, 2011), general theoretical problems of law-making and norm-making (Didych, 2018), problems of reception of foreign experience of reforming local self-government (Petryshyn, 2014), and pressing problems of decentralization reform (Hyliaka, 2015)) investigate the features and the shortcomings of the system of normative-legal acts of local self-government of Ukraine. These include: the problems of the legal status and the nature of the modern system of normative legal acts of local self-government, its normative-legal consolidation; the issues of practical law-making by bodies and officials of local self-government through the prism of the heritage of the Soviet system of local self-government; the shortcomings in the reforms undertaken since independence; the ongoing decentralization and associated reforms as well as existing concepts and plans aimed at the integration of Ukraine into European legal space and the European Union in particular. The result of the study was the identification of a number of substantiated features of the system and general recommendations aimed at the improvement of the overall state of local self-government and its law-making activity in the context of the current and future related reforms in Ukraine.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"286 - 310"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46793964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article explores how cyber-attacks affect freedom of expression. It begins by outlining the literature on cyber coercion and exploring other conceptions of how offensive cyber operations have been used to shape adversary behaviour, including efforts to intimidate through cyberspace, and the concept of ‘cyber swaggering’. The article moves on to explore how cyber-attacks have been used to undermine electoral process, to erode free and fair media reporting, and how manipulation of social media can constitute a ‘virtual infiltration’ and ‘virtual occupation’ of the information domain. The article then explores how cyber-attacks conducted during the conflict in Ukraine have limited or otherwise affected freedom of expression. I argue that the wider effects of cyber operations on political, civil and human rights have been underexplored in the cyber security literature; that cyber-attacks have adversely affected freedom of expression in the conflict in Ukraine and in other political disputes; and that the coercion concept is ill-suited to accounting for the socio-psychological impact of modern cyber operations.
{"title":"Cyber-Attacks and Freedom of Expression: Coercion, Intimidation and Virtual Occupation","authors":"J. Burton","doi":"10.1515/bjes-2019-0025","DOIUrl":"https://doi.org/10.1515/bjes-2019-0025","url":null,"abstract":"Abstract This article explores how cyber-attacks affect freedom of expression. It begins by outlining the literature on cyber coercion and exploring other conceptions of how offensive cyber operations have been used to shape adversary behaviour, including efforts to intimidate through cyberspace, and the concept of ‘cyber swaggering’. The article moves on to explore how cyber-attacks have been used to undermine electoral process, to erode free and fair media reporting, and how manipulation of social media can constitute a ‘virtual infiltration’ and ‘virtual occupation’ of the information domain. The article then explores how cyber-attacks conducted during the conflict in Ukraine have limited or otherwise affected freedom of expression. I argue that the wider effects of cyber operations on political, civil and human rights have been underexplored in the cyber security literature; that cyber-attacks have adversely affected freedom of expression in the conflict in Ukraine and in other political disputes; and that the coercion concept is ill-suited to accounting for the socio-psychological impact of modern cyber operations.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"116 - 133"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49359256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In this paper, the authors analyse the ambiguous political decision to ban the major Russian web resources from access to the Ukrainian market, in spite of heavy criticisms from local and foreign experts. While the supporters of the new internet policy claimed the new strategy to be coherent with cybersecurity priorities of the country, the opponents pointed out a set of legal and political limitations. Drawing on the setting and results of taking a new approach to information policy, we describe the fragility of Euromaidan democratic heritage and drawbacks of the current political regime. The logical method of legal interpretation has been applied to analyse the controversies of the current legislation on Russian internet resources restriction. The article concludes that Ukrainian post-Euromaidan governance model needs to consolidate the efforts in order to prove the commitment to freedom of speech as a core European value and replace spontaneous actions with an evidence-based approach to political decision-making.
{"title":"Restrictions of Russian Internet Resources in Ukraine: National Security, Censorship or Both?","authors":"O. Shumilo, T. Kerikmäe, Archil Chochia","doi":"10.1515/bjes-2019-0023","DOIUrl":"https://doi.org/10.1515/bjes-2019-0023","url":null,"abstract":"Abstract In this paper, the authors analyse the ambiguous political decision to ban the major Russian web resources from access to the Ukrainian market, in spite of heavy criticisms from local and foreign experts. While the supporters of the new internet policy claimed the new strategy to be coherent with cybersecurity priorities of the country, the opponents pointed out a set of legal and political limitations. Drawing on the setting and results of taking a new approach to information policy, we describe the fragility of Euromaidan democratic heritage and drawbacks of the current political regime. The logical method of legal interpretation has been applied to analyse the controversies of the current legislation on Russian internet resources restriction. The article concludes that Ukrainian post-Euromaidan governance model needs to consolidate the efforts in order to prove the commitment to freedom of speech as a core European value and replace spontaneous actions with an evidence-based approach to political decision-making.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"82 - 95"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43535877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Considering modern weaponization of media and extensive experience of Russia in employing the propaganda machine, further attacks and trespasses against the freedom of expression and freedom of religion in order to suppress dissent in the occupied territory are to be expected. In accordance with the reports of international organizations and non-governmental organizations, the current situation in Crimea after the occupation with regard to human rights protections is concerning. This article will put together the reported events in Crimea and the city of Sevastopol concerning the freedom of expression and freedom of religion in order to demonstrate the gravity of the situation and responsibility of the occupying power.
{"title":"Violations of Freedom of Expression and Freedom of Religion by the Russian Federation as the Occupying Power in Crimea","authors":"Evhen Tsybulenko, A. Platonova","doi":"10.1515/bjes-2019-0026","DOIUrl":"https://doi.org/10.1515/bjes-2019-0026","url":null,"abstract":"Abstract Considering modern weaponization of media and extensive experience of Russia in employing the propaganda machine, further attacks and trespasses against the freedom of expression and freedom of religion in order to suppress dissent in the occupied territory are to be expected. In accordance with the reports of international organizations and non-governmental organizations, the current situation in Crimea after the occupation with regard to human rights protections is concerning. This article will put together the reported events in Crimea and the city of Sevastopol concerning the freedom of expression and freedom of religion in order to demonstrate the gravity of the situation and responsibility of the occupying power.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"134 - 147"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45878284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The concepts of ‘gray zone conflict’, as one of the new phenomena in the theory of international relations, are given considerable attention in modern strategic researches of analysts, in particular American ones (Hel Brands, Adam Elkus, etc.). The definition of ‘gray zone conflict’ by American political scientists coincides with the definitions of domestic scholars in outlining the hybrid war in general, and Russian Federation’s war against Ukraine in particular. At the same time, qualifying the aggression of the Russian Federation against Ukraine and the war in Eastern Ukraine as the sole concept of ‘gray zone’ shall be considered not to be entirely correct, since the scales tend to favor the definition of civil war, which is so advantageous to Vladimir Putin. On the other hand, the war in Eastern Ukraine has many shades of gray, which gives grounds to the use of the concept of ‘gray zone conflict’ on specific examples of the existence of real and imaginary gray zones (realities of existence and zones of silence) and to investigate their quantitative and qualitative characteristics, to determine the degree of the viral use of the gray zone of conflict by the state (as an object of aggression), which complicates its establishment. The possibilities/unacceptability of solving gray zone conflicts by “gray” methods are being outlined as well.
{"title":"Shades of Gray in the War in Eastern Ukraine: ‘Neither War nor Peace’ Existence Zones, ‘Neither Truth nor Lie’ Silence Zones","authors":"M. Bulyk, I. Gridina","doi":"10.1515/bjes-2019-0028","DOIUrl":"https://doi.org/10.1515/bjes-2019-0028","url":null,"abstract":"Abstract The concepts of ‘gray zone conflict’, as one of the new phenomena in the theory of international relations, are given considerable attention in modern strategic researches of analysts, in particular American ones (Hel Brands, Adam Elkus, etc.). The definition of ‘gray zone conflict’ by American political scientists coincides with the definitions of domestic scholars in outlining the hybrid war in general, and Russian Federation’s war against Ukraine in particular. At the same time, qualifying the aggression of the Russian Federation against Ukraine and the war in Eastern Ukraine as the sole concept of ‘gray zone’ shall be considered not to be entirely correct, since the scales tend to favor the definition of civil war, which is so advantageous to Vladimir Putin. On the other hand, the war in Eastern Ukraine has many shades of gray, which gives grounds to the use of the concept of ‘gray zone conflict’ on specific examples of the existence of real and imaginary gray zones (realities of existence and zones of silence) and to investigate their quantitative and qualitative characteristics, to determine the degree of the viral use of the gray zone of conflict by the state (as an object of aggression), which complicates its establishment. The possibilities/unacceptability of solving gray zone conflicts by “gray” methods are being outlined as well.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"166 - 187"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45138038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The debate about the benefits and the risks brought both to People’s Republic of China and to the other participant countries by the Belt and Road Initiative (BRI) has been gaining momentum in the academic and in the political landscapes. We argue that the BRI is the main pillar of the new financial institutionalism proposed by China to redefine the current global financial architecture and that, consequently, the initiative needs to be considered in that context. This paper (i) reviews the timeline that led to this Chinese-led new financial institutionalism, (ii) proposes two theoretical frameworks to define the concept of multilateral financial statecraft and of new financial institutionalism led by China, and (iii) enumerates the main differences and similarities observed between this new financial institutionalism and the one dominated by the Bretton Woods-related institutions that gradually emerged after World War II, such as the International Bank for Reconstruction and Development, the Marshall Plan, and the Asian Development Bank.
{"title":"The Belt and Road Initiative: The Cornerstone of the New-Fangled Financial Institutionalism Led by China","authors":"Enrique Martínez Galán, F. Leandro","doi":"10.1515/bjes-2019-0018","DOIUrl":"https://doi.org/10.1515/bjes-2019-0018","url":null,"abstract":"Abstract The debate about the benefits and the risks brought both to People’s Republic of China and to the other participant countries by the Belt and Road Initiative (BRI) has been gaining momentum in the academic and in the political landscapes. We argue that the BRI is the main pillar of the new financial institutionalism proposed by China to redefine the current global financial architecture and that, consequently, the initiative needs to be considered in that context. This paper (i) reviews the timeline that led to this Chinese-led new financial institutionalism, (ii) proposes two theoretical frameworks to define the concept of multilateral financial statecraft and of new financial institutionalism led by China, and (iii) enumerates the main differences and similarities observed between this new financial institutionalism and the one dominated by the Bretton Woods-related institutions that gradually emerged after World War II, such as the International Bank for Reconstruction and Development, the Marshall Plan, and the Asian Development Bank.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"153 - 182"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47949404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article examines the first two decades of the transregional Asia–Europe Meeting (ASEM) from its inception with the Bangkok Summit of 1996. Examining instances of region building and the socialisation of states, it identifies the gradual emergence of a role for the forum, one that stands in some contrast to initial participant expectations. In this respect, rather than a structure for delivering substantive negotiated outcomes around issues such as trade liberalisation, the value of ASEM across its first 20 years came increasingly to be seen in its ideational aspects: identity building, norm diffusion, and dialogue without preconceptions.
{"title":"ASEM’s First Two Decades: A Role Discovered","authors":"M. Doidge","doi":"10.1515/bjes-2019-0011","DOIUrl":"https://doi.org/10.1515/bjes-2019-0011","url":null,"abstract":"Abstract This article examines the first two decades of the transregional Asia–Europe Meeting (ASEM) from its inception with the Bangkok Summit of 1996. Examining instances of region building and the socialisation of states, it identifies the gradual emergence of a role for the forum, one that stands in some contrast to initial participant expectations. In this respect, rather than a structure for delivering substantive negotiated outcomes around issues such as trade liberalisation, the value of ASEM across its first 20 years came increasingly to be seen in its ideational aspects: identity building, norm diffusion, and dialogue without preconceptions.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"19 - 6"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45488575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension. Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.
{"title":"Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities","authors":"S. Serohina, I. Bodrova, A. Novak","doi":"10.1515/bjes-2019-0033","DOIUrl":"https://doi.org/10.1515/bjes-2019-0033","url":null,"abstract":"Abstract This article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension. Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"262 - 285"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43361797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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