LEGAL ASPECTS OF REHABILITATION OF POLITICAL REPRESSION VICTIMS OF SOVIET TIMES

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LEGAL ASPECTS OF REHABILITATION OF POLITICAL REPRESSION VICTIMS OF SOVIET TIMES

Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue

Abstract

Rehabilitation is the restoration of justice and historical truth with respect to persons subjected to unfair repression in the era of Soviet totalitarianism. We distinguish between the legal rehabilitation (dismissal of criminal charges or termination of criminal proceedings due to the absence of a crime) and socio-political or public rehabilitation (lifting the ban on mentioning the name of the repressed in mass media, scientific literature and public life). It should be noted that the social and political rehabilitation does not eliminate the negative assessment of a particular person activity. The final stage of rehabilitation can be considered only legal rehabilitation. After approval of the Law “On the Rehabilitation of Victims of Political Repressions in Ukraine” by the Verkhovna Rada of Ukraine on April 17, 1991 the process has acquired a legal nature. The law covered all the citizens who had been convicted on political, social, class, national or religious grounds. The Law significantly simplified the procedure of rehabilitation, provided for the payment of monetary compensation for the time spent in prison, granted allowances to pensions, benefits to pay for housing and communal services, provision of medicines and the like. The commissions on restoration of rights of the rehabilitated were created at the regional councils. The practical application of the Law showed that this regulatory document did not take into account certain categories of citizens, victims of political repression. Currently, the working group at the Main editorial board of the book series “Rehabilitated by the History” drafted the bill “On the Rehabilitation of Victims of Political Repressions in Soviet-era Ukraine”, which defines the legal framework to complete the restoration of historical justice process, settlement of social relations associated with the restoration of social and economic, political or personal rights and freedoms of citizens, rights and interests of social, religious and national groups who have been victims of arbitrariness and lawlessness. This document was sent to the regional editorial boards of the book “Rehabilitated by the History” for the study, submission of proposals and amendments. The existing legal framework for rehabilitation of victims of political repression is not perfect. It does not include certain categories of people (migrants, the deported, and the repressed family members). It also limits the rights of citizens to monetary compensation for detention, forced treatment, deportation, and loss of property. The basic Law dated April 17, 1991 objectively requires amendments and supplements, because it does not meet the needs of the time that complicates the work of regional commissions on rehabilitation. The next step is the adoption of the new edition of the Law “On the Rehabilitation of Victims of Political Repressions in Soviet-era Ukraine” and other legislative acts in the field of protection of rights of the rehabilitated that will contribute to establishing the historical truth and social justice.

Authors and Affiliations

Л. І. , Рожкова

Keywords

totalitarian regime Stalinism political repression rehabilitation law legislative initiatives.

EP ID EP444292
DOI -
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