Open Access Journals
partly consisting of young academics’ essays;
We are pleased to announce that Issue 1 (2025) of Access to Justice in Eastern Europe (AJEE) is now published and available on our website.
We invite you to explore this latest edition and engage with the diverse range of scholarship it offers.
https://ajee-journal.com/issue-1-2025
In this issue, we are pleased to present several significant contributions, among which I highly recommend the following publications.
In his article, “International Relations and Its Effect on Enforcement of International Law: The Case Studies of Ukraine and Syria,” Mohamad Almohawes critically explores how external alliances and geopolitical considerations can either hinder or facilitate the application of international legal norms in conflict zones. By highlighting the situations in Ukraine and Syria, the author underscores the influential role of powerful state actors in shaping—sometimes stalling—mechanisms intended to address human rights violations. This piece offers invaluable insights for policymakers, academics, and practitioners seeking to reinforce the rule of law in turbulent environments.
In “The Doctrine of Limited Government in the Legal Positions of the Constitutional Court of Ukraine,” a team of co-authors—Tetiana Slin’ko, Yevhenii Tkachenko, Liubomyr Letnianchyn, and Serhii Fedchyshyn—focuses on the cornerstone principle of constitutionalism: limiting state power to protect individual rights. Examining key decisions rendered by the Constitutional Court of Ukraine, the authors demonstrate how the Court consistently upholds the separation of powers, reinforcing democratic governance and emphasizing the importance of robust institutional checks. Their work serves as a valuable resource for scholars of constitutional law and anyone interested in the evolution of Ukrainian constitutional jurisprudence.
A highly valuable contribution from Kazakh colleagues, “On Manoeuvring Kazakhstan’s Criminal Law in Defining Torture and Other Cruel, Inhumane, and Degrading Treatment and Punishment,” by Elena Mitskaya, Kurmangaly Sarykulov, and Kanat Utarov illuminates systemic weaknesses that enable torture and ill-treatment in Kazakhstan. They advocate for clearer legislative definitions and alignment with international human rights standards, revealing how ambiguous references to “official capacity” and other loopholes can perpetuate abusive practices. This research ultimately calls for both domestic and international stakeholders to drive reforms toward more accountable governance.
In “Preemptive Self-Defence in Public International Law: An Analysis Through the Lens of International Court of Justice Jurisprudence,” Zaid Ali Elgawari tackles the contentious issue of anticipatory or preemptive force under Article 51 of the UN Charter. Through examinations of seminal cases such as Nicaragua v. United States and contemporary conflicts like the one in Ukraine, the author probes the boundaries of necessity and proportionality in self-defence claims. This contribution not only enriches scholarly debates on the legal use of force but also provides a framework for evaluating state actions within evolving geopolitical contexts.
Lastly, we would like to specifically welcome the article, “Punishability in Radioecological Safety: Case Law from Ukraine,” authored by Anastasiia Ternavska, a young researcher from Ukraine. We are very pleased to provide her with a free-of-charge Open Access publication opportunity, reflecting our ongoing commitment to supporting emerging scholars. In her study, Ternavska addresses an underexplored area of Ukrainian criminal law, exposing the discrepancy between punitive legal provisions and their actual enforcement in the realm of radioecological safety. By analyzing judicial data and practices, the author reveals the over-penalization embedded in current legislation and proposes targeted revisions. Her findings prove especially valuable to lawmakers, practitioners, and researchers striving to balance effective deterrence with proportionality in criminal sentencing.
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