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2021 | Buch

Politically Motivated Justice

Authoritarian Legacies and Their Role in Shaping Constitutional Practices in the Former Soviet Union

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The book addresses authoritarian legacies of politically motivated justice and its unwritten practices that have re-emerged in the recent trials related to both political and ordinary criminal charges against prominent opposition leaders in many former Soviet republics. Taking into account that in any country all trials are more or less related to politics, the author differentiates between trials on political issues (political trials that are not necessarily arbitrary) and politicized partisan trials (arbitrary trials against political opponents). The monograph, thus, adopts a broad definition of a political trial, which includes all trials that are related to politicians and political matters such as elections, regime change, activities of parties and other political organizations. The focus lies on a separate group of partisan trials that are politicized (i.e. politically motivated) and which are used by governments to restrain political opposition and dissent.

Primarily aimed at legal practitioners such as human rights lawyers, prosecutors, and judges, as well as postgraduates, researchers, teaching assistants and university law professors, readers can gain from the book information that is useful in assessing the interdisciplinary phenomenon of politically motivated criminal justice in transitional and authoritarian post-Soviet republics. Additionally, the volume is indispensable to readers that are interested in Eastern European Studies, Transitional Justice, Law and Society, Slavic Studies, and Theory and History of State and Law.

Artem Galushko is a post-doctoral researcher at the Max Planck Institute for the Study of Religious and Ethnic Diversity in Germany.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Phenomenon of Politically Motivated Justice and Its Relevance for the Rule of Law in the Former USSR
Abstract
This chapter provides an overview of the phenomenon of politically motivated justice and a general classification of political trials. The aim of the chapter is to develop a conceptual framework for identifying constitutional practices and roles played by trials against politicians and political parties in established democracies and in transitional states of the former USSR. Several steps are taken to outline the framework of my research. First, the chapter gives a succinct summary of the existing research on politically motivated justice and my contribution to the debate. Second, based on the already existing theories I give my own definition of a political trial in the context of the post-communist transition to the rule of law. Third, it offers a novel research concept I use in the next chapters in order to analyze recent political cases in the selected former Soviet republics and countries of Western Europe. The main goal of this analysis is to demonstrate the subversive character of politicized criminal justice which can override constitutional provisions and undermine democratic transformations in transitional former Soviet republics.
Artem Galushko
Chapter 2. Origins of Communist Politically Motivated Criminal Justice
Abstract
This chapter presents detailed analysis of communist show trials, their categorization and the Soviet legacy of ‘Twofold Constitutionalism’. It offers a critical assessment of the Soviet system of criminal justice and its trials. My analysis of these trials is made in chronological order—from the earliest Soviet ‘agitation trials’ and show trials against ‘people’s enemies’ to a regional ‘model show trial’ in communist Hungary and persecution of political dissidents in the late Soviet period of “Brezhnev’s Stagnation” and “Perestroika”. One of the aims of the chapter is to demonstrate that the communist traditions of politicized justice became an unwritten Constitution of the USSR, dividing its legal system into two coexisting legal orders of formal and informal norms. To achieve this aim, the chapter provides two outcomes. First, it makes a categorization of the communist trials with a special emphasis on victims of arbitrary justice and goals pursued by these trials. Second, the chapter analyses major legal characteristics of political justice during the communist regime. Categorization of political trials under Communism and their features helps me scrutinize my hypothesis that, unlike in established democracies, trials against politicians in selected former Soviet republics can reveal a split into a nominal written Constitution and its informal unwritten counterpart.
Artem Galushko
Chapter 3. Authoritarian Legacy of Twofold Constitutionalism and Its Informal Practices of Politicized Justice in the Former Soviet Republics
Abstract
This chapter seeks to determine what roles totalitarian legacies and their informal practices of politicized justice played in shaping post-communist constitutional developments in the former Soviet republics. In order to illustrate the impact and functions of the communist authoritarian practices in the former Soviet Union, the chapter proceeds with an analysis of the main differences between trials related to politics (political trials) in Western democracies and in transitional former Soviet republics. I provide a concise overview of each trial by conducting a comparative legal analysis of cases selected from Ukraine, Belarus, Germany and Austria. The concluding section compares roles traditionally played by political trials in established democracies with the roles played by such trials in post-Soviet societies that inherited practices of politicized justice from their communist past. Finally, it offers a list of legal criteria to evaluate future allegations about politically motivated justice.
Artem Galushko
Backmatter
Metadaten
Titel
Politically Motivated Justice
verfasst von
Dr. Artem Galushko
Copyright-Jahr
2021
Electronic ISBN
978-94-6265-459-4
Print ISBN
978-94-6265-458-7
DOI
https://doi.org/10.1007/978-94-6265-459-4

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