Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine

The article is devoted to the experience of the application of a concept of militant democracy in modern Ukraine. This concept is relevant due to the prolonged domination of the communist totalitarian regime until 1991, and also in view of the encroachment on the principle of territorial integrity i...

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Main Authors: Barabash Yurii, Berchenko Hryhorii
Format: Article
Language:English
Published: Sciendo 2019-09-01
Series:Baltic Journal of European studies
Subjects:
Online Access:https://doi.org/10.1515/bjes-2019-0019
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author Barabash Yurii
Berchenko Hryhorii
author_facet Barabash Yurii
Berchenko Hryhorii
author_sort Barabash Yurii
collection DOAJ
description The article is devoted to the experience of the application of a concept of militant democracy in modern Ukraine. This concept is relevant due to the prolonged domination of the communist totalitarian regime until 1991, and also in view of the encroachment on the principle of territorial integrity in 2014. It is argued that Ukraine, formally consolidating separate instruments of militant democracy at the level of the Constitution of Ukraine, almost did not apply such instruments until 2014. The active process of decommunization started in 2014, after the Revolution of Dignity; it was realised, in particular, in the declaration of lustration, as well as the banning of the two communist parties, but the most influential Communist Party remains officially not banned up till now. Also, the two parties, accused of infringement on territorial integrity, were banned in 2014. The issue of differentiation between aggressive words and aggressive actions of parties is analysed. It is argued that representatives of the parties, who during the twenty years of Ukrainian independence openly denied one of the key values of the constitutional order of Ukraine, its territorial integrity, became active participants of the temporary occupation.
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spelling doaj.art-7b5832bed43b47a6adcadcd2134bb0bc2022-12-21T23:41:56ZengSciendoBaltic Journal of European studies2228-05962019-09-019332410.1515/bjes-2019-0019bjes-2019-0019Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in UkraineBarabash Yurii0Berchenko Hryhorii1Yaroslav Mudryi National Law University Pushkinska 77, Kharkiv61068, UkraineYaroslav Mudryi National Law University Pushkinska 77, Kharkiv61068, UkraineThe article is devoted to the experience of the application of a concept of militant democracy in modern Ukraine. This concept is relevant due to the prolonged domination of the communist totalitarian regime until 1991, and also in view of the encroachment on the principle of territorial integrity in 2014. It is argued that Ukraine, formally consolidating separate instruments of militant democracy at the level of the Constitution of Ukraine, almost did not apply such instruments until 2014. The active process of decommunization started in 2014, after the Revolution of Dignity; it was realised, in particular, in the declaration of lustration, as well as the banning of the two communist parties, but the most influential Communist Party remains officially not banned up till now. Also, the two parties, accused of infringement on territorial integrity, were banned in 2014. The issue of differentiation between aggressive words and aggressive actions of parties is analysed. It is argued that representatives of the parties, who during the twenty years of Ukrainian independence openly denied one of the key values of the constitutional order of Ukraine, its territorial integrity, became active participants of the temporary occupation.https://doi.org/10.1515/bjes-2019-0019freedom of assemblyfreedom of associationfreedom of speechmilitant democracypolitical partiespublic associationsseparatist movements
spellingShingle Barabash Yurii
Berchenko Hryhorii
Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
Baltic Journal of European studies
freedom of assembly
freedom of association
freedom of speech
militant democracy
political parties
public associations
separatist movements
title Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
title_full Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
title_fullStr Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
title_full_unstemmed Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
title_short Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine
title_sort freedom of speech under militant democracy the history of struggle against separatism and communism in ukraine
topic freedom of assembly
freedom of association
freedom of speech
militant democracy
political parties
public associations
separatist movements
url https://doi.org/10.1515/bjes-2019-0019
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