Political rehabilitation and its structure: theoretical and legal aspects

Abstract

This article provides a theoretical and legal analysis of political rehabilitation as an independent legal category and examines its internal structure. The relevance of this study stems from the need to further develop the doctrine of rehabilitation for victims of political repression and their family members, particularly members of the OUN-UPA and the Ukrainian Sixtiers, the improvement of national legislation in this area, as well as the need to develop legal approaches to the future rehabilitation of persons who suffered politically motivated persecution under the conditions of the temporary occupation of Ukrainian territories.

Political rehabilitation is defined as a systematic public-law process aimed at officially recognizing the illegality or groundlessness of politically motivated persecution, eliminating its legal consequences, restoring the individual’s political and social status, publicly restoring their good name, and ensuring guarantees that such practices will not be repeated in the future.

It has been established that the primary element of this structure is the official recognition of the illegality of political persecution. The next element is the elimination of the legal consequences of repressive decisions, which, in particular, includes the annulment of convictions, administrative, or extrajudicial acts.

A separate component is the restoration of political status, which involves overcoming the consequences of marginalization. Particular attention is paid to the public restoration of good name, which is viewed not only as a symbolic act but also as an important legal and social mechanism for overcoming stigmatization, discrediting, and the imposed image of an “enemy.”

It is concluded that political rehabilitation is a complex, multi-level institution that combines restorative, political, social, axiological, and memorial functions. Its proper theoretical understanding is of great importance for the development of legal science, the improvement of rehabilitation legislation, and the formation of fair models for overcoming the consequences of political violence.