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45 Rev. Cent. & E. Eur. L. 92 (2020)
Constitutional Orders of Non-Recognized Entities in Georgia and Ukraine. Can Facade Constitutions Ensure Adequate Protection of Human Rights

handle is hein.journals/rsl45 and id is 92 raw text is: REVIEW OF CENTRAL AND EAST EUROPEAN LAW - WOl- Central and East European BRILL 45 (2020) 92-125 N IJ H O F F brill.com/rela Constitutional Orders of Non-Recognized Entities in Georgia and Ukraine. Can facade Constitutions Ensure Adequate Protection of Human Rights? Roman Petrov National University of Kyiv-Mohyla Academy, Kyiv, Ukraine roman.petrov@ukma.edu.ua Gaga Gabrichidze New Vision University, Tbilisi, Georgia ggabrichidze@newvision.ge Paul Kalinichenko Kutafin Moscow State Law University, Moscow, Russian Federation pakalinichenko@msal.ru Abstract This article analyses the foundations of the constitutional and legal orders of selected non-recognized entities in Georgia and Ukraine, namely the so-called Republic of Ab- khazia; the Republic of South Ossetia and the Donetsk/Lugansk Peoples' Republics. Additionally, this article pursues the objective of clarifying whether the legal systems of these entities can ensure protection of the human rights and fundamental freedoms of their residents in line with standards of international public law and European law. It is argued that the constitutional orders of Abkhazia and South Ossetia and the Donetsk/Lugansk Peoples' Republics are distinguished by a few undeniable similari- ties and sources of inspiration. Furthermore, residents of these entities experience similar problems regarding protection of their fundamental rights and application of international conventions on human rights. Keywords non-recognized entities - facade constitutions - Georgia - Ukraine - Abkhazia - South Ossetia - Donetsk People's Republic - Lugansk People's Republic - human rights © KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/15730352-BJA10001

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