scholarly journals The Bulgarian National Minority in Ukraine in Bulgaria-Ukraine Relations: The Impact on Ukraine’s Image in Bulgaria

2019 ◽  
pp. 520-538
Author(s):  
Anna Tertychna

The article deals with the issues of observance of the rights of the Bulgarian national minority in Ukraine as an element of forming a positive image of Ukraine in Bulgaria. The issue of the rights and freedoms of ethnic Bulgarians in Bessarabia first arose in the bilateral relations between the Ukrainian people’s Republic and the Kingdom of Bulgaria after the establishment of diplomatic relations in accordance with the Ukraine-Bulgaria Supplementary Treaty of 12 February 1918. The informational explanation of the UNR’s open policy on national minorities immediately became an integral part of the activities of the first Ukrainian diplomatic mission in Sofia. Ethnic Bulgarians won the right to revive the study of their native language, history, and identity only after the restoration of Ukraine’s independence in 1991. In particular, the non-governmental sector has played a significant role in shaping Bulgaria’s state policy towards foreign Bulgarians. The article analyses the existing Ukraine-Bulgaria agreements that regulate relations between Ukraine and Bulgaria in the issue of the rights of Bulgarian and Ukrainian citizens of Ukrainian origin, as well as the legislative framework of Bulgaria in the field of state policy towards foreign Bulgarians. Despite the sensitivity of the Bulgarian society to the topic of foreign Bulgarians in Ukraine, which was and still is their largest and oldest historical Diaspora, the guarantee of the rights of ethnic, linguistic, cultural and religious identity of persons of Bulgarian nationality and Ukrainian nationality is enshrined in the Ukrainian-Bulgarian international treaties. The article highlights the impact of the issue of the Bulgarian national minority on the political dialogue between Ukraine and Bulgaria. Special attention is paid to the issues of ensuring the language rights of Ukrainian ethnic Bulgarians in the context of recent changes in Ukrainian legislation. Keywords: Ukraine, Bulgaria, Ukraine-Bulgaria relations, rights of the national Bulgarian minority, positive image of Ukraine.

Stanovnistvo ◽  
2013 ◽  
Vol 51 (1) ◽  
pp. 43-68
Author(s):  
Drago Zuparic-Iljic

This paper provides an overview of the basic characteristics regarding number, as well as normative and functional status, i.e. legal and institutional status of Serbs in Zagreb. Furthermore, the paper describes some distinctions among organizational levels of Serbian minority in Zagreb, concerning the most important aspects of socio-cultural, educational and religious integration. Serbian minority members? number in Croatia and Zagreb is analyzed using an official demographic statistics, focusing primarily on major socio-demographic indicators, on population density and ethnic composition data for the population of Zagreb municipality for the period of 1981-2011. Legal position of the Serbian minority in Zagreb is described using analysis of official documents, including legislative framework provisions, which are related to issues of national minorities? status and rights. Institutional and organizational status is elucidated by using descriptive analysis of cultural, educational, media and religious aspects of minority?s life. The number of Serbs in Croatia decreased drastically in last twenty years, affecting their number being reduced to approximately one-third of the prewar number. In the period 1981 to 2011 there was a continuous increase of number and proportion of Croatian majority population, and continuous reduction of national minorities in Zagreb. The biggest percentile decreasing in the municipality of Zagreb (during period 1991-2001) have undergone members of the Serbian (57.7%), Slovenian (48.9%), and Montenegrin (43.7%) minority. In the case of Serbs, this is primarily and predominantly a consequence of forced emigration (displacement) induced by the war in the 1990s. Moreover, negative demographic trends together with a possibility of ?false? national declaration in census, as well as the relentless process of assimilation are counted as specific factors in reducing the number of national minorities? members. Status of Serbs as the former "constituent people/ethnicity" in Socialist Republic of Croatia was modified in the status of "national minority" in (Democratic) Republic of Croatia, due to constitutional changes in 1990. Today, in accordance with the provisions of the Constitutional Law on National Minorities in 2002 national minorities in Croatia enjoy the rights in the area of cultural (linguistic, educational and religious) autonomy. Implementation of these rights still faces many problems in everyday praxis, which is reflected in organizational aspects and levels of Serbs in Zagreb. Cultural, artistic, and educational associations and initiatives among Serbian minority organize activities that contribute to promotion, preservation and expressing specific national minority?s identity. Although satisfactory level of normative (legal) integration does not guarantee functional integration of minorities into wider socio-economic, cultural and political matrix, that normative integration, along with political will and favorable social climate, sets an essential precondition for the willingness to implement laws and regulations in order to improve Serbian minority status.


2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.


2019 ◽  
Vol 58 (1) ◽  
pp. 59-76
Author(s):  
Anna Doliwa-Klepacka

Abstract One of the fields of protecting human rights within the framework of standards of the Council of Europe is the protection of national minorities – with the special issue of their linguistic rights. An intensification of actions aimed at adopting legal measures in this field happened in the 1960s. The concern for a proper range and level of regulation was expressed at the level of the Parliamentary Assembly and the Committee of Ministers. National experts formulated detailed resolutions to include the goals of international organizations such as CSCE and the United Nations concerning this matter. The fact that the framework convention was chosen as the means bears witness to a significant provision that the guarantee of rights were realized in the most flexible manner, including the designations and capacities of State parties. This article includes an analysis of three stages of work connected with ensuring linguistic rights for national minorities, with a special emphasis on the linguistic rights in the education system. On the one hand, actions which resulted in the acceptance of the Framework Convention for the Protection of National Minorities are shown. On the other hand, the goals and details of this Convention are described. The third section concerns the analysis of mechanisms for monitoring the realization of the rights included in the Convention. Due to limitations in the terms of reference for this work, the analysis of the convention guarantees, and their realization, was limited to linguistic rights in the education system. The practice of these actions was shown through examples in Poland and Lithuania. The right to education for national minorities (in a general sense) including knowledge about their culture, traditions, and their input into the development of the society of a given country is one of the rights clearly stated in the Framework Convention. By the same token are linguistic rights in an education system – the right to teach the language of a national minority or to teach in the language of a minority. As practice in Poland and Lithuania shows, the situation of education of national minorities is different, although some of the problems are common: an example for that would be access to proper coursebooks in the languages of national minorities, or properly trained teachers.


Author(s):  
Valentyna V. Dudchenko ◽  
Yuliia V. Tsurkan-Saifulina ◽  
Kostiantyn M. Vitman ◽  
Iryna O. Kresina ◽  
Oleksiy V. Kresin

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship


Youth Justice ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 42-62
Author(s):  
Aekje Teeuwen

A delay in proceedings pending trial has a significant impact on defendants, particularly juveniles. The majority of prominent human rights instruments and their governing bodies seek to address the right to be tried within a reasonable time. Nevertheless, the unique position of juvenile defendants in relation to this right is considered with substantial inconsistency. Cambodia has ratified several international treaties acknowledging this fundamental right and recently adopted the Juvenile Justice Law. Consequently, this article examines the extent to which the right for juvenile defendants to be tried within a reasonable time has been incorporated into the relevant international, as well as the Cambodian legislative framework, and case law.


Author(s):  
Ihor Onyshchuk

Purpose. The purpose of the study is to develop issues of legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to show the impact of foreign policy orientations of the Republic of Poland on the implementation of international law on national minorities. Methodology. Among the philosophical, general scientific and special scientific methods, the following were used: dialectical methods – comparative method – to clarify the general and specific patterns of functioning and development of legal regulation of the status of the Ukrainian national minority in the Republic of Poland. The axiological method was used to find the value of the legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to reveal its theoretical and applied significance; activity method – for the formation of recommendations to improve the mechanism of protection of the rights of Ukrainian workers and meet the cultural, educational and spiritual and religious needs of the Ukrainian national minority in the Republic of Poland. Originality. The scientific novelty lies in the theoretical understanding and delineation of ways to improve the well-being of the Ukrainian community in Poland and gain better prospects, which is extremely important given the territorial dispersion of Ukrainians, and will be an essential element in filling the strategic partnership between Ukraine and Poland. Results. The study found that in view of the revival of Ukraine's interaction with the Ukrainian community in Poland and in order to preserve the ethno-national identity of Polish Ukrainians, it seems appropriate for public authorities in Ukraine to address issues such as the use of practical influence of the Council of Europe. The rights of national minorities and the rule of law in the Member States, etc. Practical importance. The results of the study can be used in law-making activities in order to legally regulate the protection of the rights of the Ukrainian national minority in the Republic of Poland.


Author(s):  
Savchuk Kostyantyn

This article explores the contribution to the development of international law science by the outstanding German philosopher and economist Ludwig Kondratievich Jacob (Ludwig Heinrich von Jacob) (1759–1827), who for some time worked as a professor of diplomacy and political economy at Kharkiv University. L. Jacob's contribution to the development of the science of international law is not limited to reading lectures on positive international law, which was taught at the Department of Diplomacy and Political Economy in the first decades of Kharkiv University. L. K. Jacob prepared and published a series of textbooks on logic, grammar, psychology, aesthetics, rhetoric, political economy and law under the general title «Philosophy Course for High Schools of the Russian Empire», the seventh part of which was devoted to the problems of natural law, including international law. International Law Jacob interpreted it as part of natural law, which determines relations between independent states. Among the fundamental rights of the nation he distinguishes: 1) the right to independence, which includes the right to take possession of things that did not belong to anyone (it is clear that the author here justifies the right to take over the so-called res nullius, which was widely used in international law at the time, 2) the right to independence from any other nation; 3) the right to formal equality with any other nation. Considerable attention in his textbook L. K. Jakob attributes the right to international treaties, though he sees no distinction between treaties that nation conclude with other nations and with foreign individuals. Some emphasis is also placed on diplomatic law in the textbook. In the work of L. К. Jakob quite comprehensive doctrine of the right to war, which, again, is quite typical for proponents of natural law in the science of international law, is based on the identification of relations between independent nations (states) with relations between individuals in the natural state. His international legal doctrine is literally imbued with the ideas of the humanization of war – he strongly opposes treachery and the use of such means of war, which cause the enemy extreme pain, requires respect for the rights of prisoners of war.On the last pages of his textbook L. K. Jacob is installing an application in which he proposes the idea of uniting the independent states into a confederation, provided that each of them maintains complete independence in their internal affairs. In this project it is easy to see the impact of the ideas of the treatise «To Eternal Peace» by I. Kant, a consistent follower of the philosophical doctrine of which L. K. Jacob performed in his philosophical writings.


2017 ◽  
Vol 23 ◽  
pp. 131-142
Author(s):  
Oksana Ruda

Language policy of Poland and Czechoslovakia concerning the Ukrainian minority in the interwar period on the example of the schooling of Galicia and TranscarpathiaIn the article the international treaties and internal laws and orders of Poland and the Czechoslovakia, which regulate the linguistic rights of national minorities in field of education are studiedInternal legislation of the Czechoslovakia guaranteed free use of minority language both orally and in writing, and provided the right for national minorities to study in their native language in public primary, secondary and higher educationOn the contrary, in the constitutional acts of Poland only the right of minorities to study their mother tongue in public primary schools was guaranteed. Due the prevalence of Ukrainians in Galicia, the Polish authorities with respect to these territories performed different national and language policy aimed at deepening regional differences and assimilation of the Ukrainian population.


2021 ◽  
Vol 8 (3) ◽  
pp. 30-66
Author(s):  
A. Kumar ◽  
V. Rudenko ◽  
N. Filippova

On the basis of comparative law, this paper analyzes the issues of national minorities in three BRICS member-states (Brazil, India and Russia), and considers the directions and trends of the constitutionalization of national minority rights in these states. The authors argue that the coordination of the interests of industrial companies, regional communities and national minorities, alongside the establishment of common standards between BRICS are vital in order to ensure the sustainable growth of the economies of its member-states. The main comparison criteria are as follows: the understanding of the term “national minority” in different jurisdictions; the delimitation of powers of federative and regional authorities; a list of national minority rights; and instruments of representation and legal protection of national minorities. In regards to Brazil, this article focuses on the impact of the historic concept of racial democracy on contemporary policy on the issues of national minorities. For India the focus is on case law of the Supreme Court on minority issues, and for Russia the focus is on the protection of indigenous “small-numbered” peoples. The authors conclude that the direction of the constitutionalization of national minority rights differs dramatically in Brazil, India and Russia. Therefore, it is necessary to provide a common understanding of the purpose of such constitutionalization, which is namely, to preserve the identity of such minorities in the process of their gradual involvement in modern economic structures and national processes.


2019 ◽  
Vol 3 (1) ◽  
pp. p1
Author(s):  
Delfina Ertanowska

The article deals with the issue of the language of the Ukrainian national minority as a tool in Russian media propaganda. The impact of media manipulation of the Ukrainian language for the formation of the concept of nationality and self-identification among Ukrainian national minorities living in Central Europe has been approximated.


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