Open AccessPOLITICIZATION OF CONSTITUTIONAL RELATIONSHIPS IN THE CONTEMPORARY PERIOD IN UKRAINE
Author(s) -
Oleksandr Yevsieiev,
Iryna A. Tolkachova
Publication year - 2018
Publication title -
russian law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.206
H-Index - 5
eISSN - 2312-3605
pISSN - 2309-8678
DOI - 10.17589/2309-8678-2018-6-4-8-36
Subject(s) - transitional justice , politics , law , political science , state (computer science) , destiny (iss module) , period (music) , constitutional court , context (archaeology) , ukrainian , economic justice , sociology , judicial reform , constitution , history , linguistics , philosophy , physics , algorithm , astronomy , computer science , acoustics , archaeology
The article examines the phenomenon of politicization of constitutional relations. In particular, three of its aspects are identified and investigated: the impact of social revolutions on the rule of law; the problem of lustration of state employees; and the deepening of the politicization of the judiciary. Social revolutions, including the Ukrainian 2013–2014 social revolution, are viewed as a concept that can have a decisive influence on the reform of the state mechanism and, in many ways, determine its future destiny. The lustration procedure, which is considered in the context of transitional justice – a scientific discipline that studies the functioning of justice in transitional democracies, undergoes special research herein. The classification of lustration according to various criteria is given. The article also shows the practice of a number of states whose judicial systems fall under the concept of political justice. A shocking conclusion is drawn that the percentage of acquittals in Nazi Germanyfor non-political crimes was higher than in modern Russia or Ukraine.