Legal Mechanisms for Processing the Past: The Experience of Eastern European Countries

This article provides a comprehensive analysis of legal mechanisms for processing the past in Eastern European countries after the fall of communist regimes. Using a comparative legal approach to legislation and judicial practice, key instruments are examined: criminal prosecution, lustration, property restitution, rehabilitation of victims of political repression, and memorial laws. The aim of the work is to identify the specifics, contradictions, and effectiveness of these measures in different national contexts, with particular attention to the unique and politicized experience of Ukraine, where the process began much later. The conclusion highlights the fundamental ambiguity and dual nature of legal regulation of the processing of the past: on the one hand, these mechanisms are aimed at restoring justice and strengthening democracy, while on the other, they are fraught with the risks of political instrumentalization, violation of legal principles, and deepening divisions in society, which calls into question their unconditional positive role.

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Publication Details

Journal
Legal Linguistics
Published
2025-10-01
DOI
https://doi.org/10.14258/leglin(2025)3711
Primary Topic
Archaeological Research and Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Mechanisms for Processing the Past: The Experience of Eastern European Countries

Ekaterina Besedina
Legal Linguistics
Archaeological Research and Protection
article

Legal Mechanisms for Processing the Past: The Experience of Eastern European Countries

Ekaterina Besedina
article en

Abstract

This article provides a comprehensive analysis of legal mechanisms for processing the past in Eastern European countries after the fall of communist regimes. Using a comparative legal approach to legislation and judicial practice, key instruments are examined: criminal prosecution, lustration, property restitution, rehabilitation of victims of political repression, and memorial laws. The aim of the work is to identify the specifics, contradictions, and effectiveness of these measures in different national contexts, with particular attention to the unique and politicized experience of Ukraine, where the process began much later. The conclusion highlights the fundamental ambiguity and dual nature of legal regulation of the processing of the past: on the one hand, these mechanisms are aimed at restoring justice and strengthening democracy, while on the other, they are fraught with the risks of political instrumentalization, violation of legal principles, and deepening divisions in society, which calls into question their unconditional positive role.

Legal Linguistics(37 (48))
Openalex Percentile: Top 80%
Archaeological Research and Protection
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