Papers by Volodymyr Havrylyuk-Yensen
Ukraïnsʹkij ìstoričnij žurnal, 2020
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Academia Letters, 2022
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Aktual’ni problemi pravoznavstva
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University of Copenhagen, 2020
Procedural flexibility and party autonomy are likely the most distinguishing features of arbitrat... more Procedural flexibility and party autonomy are likely the most distinguishing features of arbitration that allow for arguably more efficient, cost-effective and individualised dispute resolution process than traditional recourse to national courts. However, this freedom in some cases might come at a cost of essential guarantees of a fair trial that would normally apply to court proceedings by virtue of Article 6 ECHR. Arbitral tribunals and national courts are expected to safeguard those guarantees and are vested with certain powers in order to do so, however, the extent of involvement of national courts in arbitration remains a controversial issue. Hence, this paper examines the guarantees of Art. 6(1) ECHR, its scope and application in every stage of the arbitral process together with the role of arbitral tribunals and national courts.
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Actual Problems of Law Journal, 2019
In recent years, the European continent has been shook by a number of illegal acts of aggression ... more In recent years, the European continent has been shook by a number of illegal acts of aggression characterized by asymmetric warfare which have significantly undermined security in the region. Utilisation of unorthodox military tactics that weaponise information and heavily employ the use of non-State actors in direct hostilities has put an incremental challenge to many fundamental legal notions under international law and the European Convention of Human Rights (ECHR).This article offers an inductive analysis of the ECtHR’s jurisprudence with regards State responsibility in the contested regions which aims to identify a clear pattern based on the Court’s reasoning. The article makes reference to the relevant rules under international law of State responsibility and briefly examines their interplay with the ECHR. Particular regard is also given to relevant legal literature, specifically, generalist and Convention-specific authors that have examined similar questions in their contributions.The analysis delineates between salient legal issues such as the position of general international law and its relationship with the ECHR.The article offers an overview of the relevant caselaw and inductive analysis of the approach taken by the Court.One of the main takeaways of the article is that the framework of ARISWA is relevant to the ECHR in so far as it covers the gaps in the Convention as was demonstrated in the analysis of the relevant case-law. Additionally, it appears that the Court has decided to develop its own distinct jurisprudence on State responsibility that in many aspects substantially differs from what is envisaged under ARISWA. The interconnected nature yet distinctly separate function of the frequently confused legal concepts has often resulted in a misunderstanding of the approach adopted by the Court.
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Aktual’ni problemi pravoznavstva
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Aktual’ni problemi pravoznavstva
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Thesis Chapters by Volodymyr Havrylyuk-Yensen
The recent rise of decentralised finance (defi) and blockchain technology has laid the founding b... more The recent rise of decentralised finance (defi) and blockchain technology has laid the founding bricks of disintermediated, democratised and trustless future of the financial system. For many years defi solutions have been looming outside the scope of regulation and on the borderline of illegality. However, capital markets are in the midst of transformative changes brought about by the developments in blockchain technology and its ever-rising adoption. In an attempt to lead the nearing blockchain revolution, the European Commission has adopted a comprehensive package of legislative proposals, including a bespoke regime for crypto-assets, amendments to certain financial market rules and a regulatory sandbox for market infrastructures. Some of the key aims of these proposals are to provide legal certainty for crypto-assets, promote innovation and remove the regulatory obstacles faced by security tokens. To determine whether these proposals can truly cater towards security tokens and defi, this thesis examined their impact on blockchain-based services for tokenisation of securities from a practical perspective of a security token issuance SME. The findings demonstrate that the EU’s proposed amendments will not produce the desired effects of effective legal certainty, greater funding opportunities for SMEs and promotion of innovation in the financial sector, due to the incompatibility of the current financial markets infrastructures with the distributed ledger technology (DLT) and disproportionate requirements imposed on the provision of certain financial services. Therefore, without a full revision of the securities settlement and delivery system as well as targeted amendments to MiFID II, EU runs the risk of missing out on innovation and efficiency gains as defi projects will likely seek more favourable jurisdictions.
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In recent years, the European continent has been shook by a number of illegal acts of aggression ... more In recent years, the European continent has been shook by a number of illegal acts of aggression characterized by asymmetric warfare which have significantly undermined security in the region. Utilisation of unorthodox military tactics that weaponise information and heavily employ the use of non-State actors in direct hostilities has put an incremental challenge to many fundamental legal notions under international law and the European Convention for Human Rights (ECHR). In particular, it has become increasingly unclear how State responsibility can be attributed in the situation of hybrid conflict which has found its quintessential example in the war in Eastern Ukraine. Hence, this research paper explores the problems of applicability of the ECHR in the contested regions of Ukraine, specifically, how State responsibility can be attributed in the separatist-occupied regions of Donetsk and Luhansk.
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Drafts by Volodymyr Havrylyuk-Yensen
University of Copenhagen, 2021
The United Nations Convention on Contracts for the International Sale of Goods (CISG) has spearhe... more The United Nations Convention on Contracts for the International Sale of Goods (CISG) has spearheaded the expansion and globalisation of international commerce through the system of unified rules ratified by 94 countries to date.1 Particularly, the system of remedies enshrined in the CISG has allowed for largely effective, efficient and equitable resolution of commercial contractual disputes. The Convention presented a novel approach to international commercial transactions as it is in many ways unattached to specific legal traditions and comprehensive in character. However, this autonomous and comprehensive character of the CISG is somewhat challenged by the fact that national law plays an important role in its application. The uniformity of the Convention is further challenged by the different approaches adopted by civil and common law courts. Hence, the system of remedies under the CISG is a perfect illustration of, on the one hand, limits of the scope of the Convention and, on the other, lack of uniformity in its application.
Therefore, this paper outlines and analyses the system of remedies under the CISG with reference to its application in practice by civil and common law courts. It should be kept in mind that for practical reasons this essay employs a degree of generalisation when comparing civil and common law systems by most frequently using the German and US jurisprudence to exemplify the ‘divide’.
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Papers by Volodymyr Havrylyuk-Yensen
Thesis Chapters by Volodymyr Havrylyuk-Yensen
Drafts by Volodymyr Havrylyuk-Yensen
Therefore, this paper outlines and analyses the system of remedies under the CISG with reference to its application in practice by civil and common law courts. It should be kept in mind that for practical reasons this essay employs a degree of generalisation when comparing civil and common law systems by most frequently using the German and US jurisprudence to exemplify the ‘divide’.
Therefore, this paper outlines and analyses the system of remedies under the CISG with reference to its application in practice by civil and common law courts. It should be kept in mind that for practical reasons this essay employs a degree of generalisation when comparing civil and common law systems by most frequently using the German and US jurisprudence to exemplify the ‘divide’.