Download This PaperConstitutional Orders of Non-Recognised Entities in Georgia and Ukraine. Can Façade Constitutions Ensure Adequate Protection of Human Rights?
“Constitutional Orders of Non-Recognised Entities in Georgia and Ukraine. Can façade Constitutions Ensure Adequate Protection of Human Rights?”, 45(1) Review of Central and East European Law (Brill, Nijhoff) (2020) 92-125.
22 Pages Posted: 21 Apr 2020 Last revised: 24 Apr 2020
Date Written: March 16, 2020
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 Abkhazia”, 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 similarities 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, façade constitutions, Georgia, Ukraine, Abkhazia, South Ossetia, Donetsk People’s Republic, Lugansk People’s Republic, human rights
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