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7 Hague J. on Rule L. 1 (2015)

handle is hein.journals/hagjuote7 and id is 1 raw text is: 

Hague J Rule Law (2015) 7:1 25
DOI 10.1007/s40803-015-0001-y
\I' 11 1 1


The   Introduction and Consolidation of the Rule of Law
in  Ukraine: Domestic Hindrances at the Level
of  the  Demand for Law


Olga  Burlyuk1





Published online: 20 August 2015
© T.M.C. Asser Press 2015


Abstract   Ukraine's rule of law compliance remains poor however the evaluation
scale is drawn and whatever resources external donors commit to foster the rule of
law in the country. This article examines the domestic hindrances to the introduction
and consolidation of the rule of law in Ukraine. It argues that systemic shortcomings
in the application of the rule of law in Ukraine are not only and not so much due to
deficiencies in the supply of law, or the shape of laws and institutions, as they are
due to deficiencies in the elite and popular demand for law, or societal attitudes to
law and its 'rule'. The findings reveal a low demand for (the rule of) law among
Ukrainian political and business elites, legal professionals and the wider population
and expose  obstacles to meaningful legal change at the level of power structures,
professional and  popular social norms.  The  findings' implications for future
research and policy are addressed in the conclusion.

Keywords Rule of law - Ukraine -   Supply  of law - Demand  for law


1  Introduction

The trials of Yulia Tymoshenko and other Ukrainian politicians from 2010 onwards
attracted international attention concerning the functioning, or rather malfunction-
ing, of  Ukraine's system  of  justice. The undisguised  use of  the judiciary,
prosecutions and law enforcement  by state authorities as oppression tools during
the so-called Euromaidan protests in the winter of 2013-2014 demonstrated to the
world - and to the Ukrainian population itself - that shortcomings in the application
of the rule of law in Ukraine are indeed systemic and that a Ukrainian citizen need


®  Olga Burlyuk
   olga.burlyuk@ugent.be

   Centre for EU Studies, Ghent University, Ghent, Belgium


I_ Springer 0 ASSER PRES;

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