The constitutional court of Poland adopted a decision on Ukraine ruled unconstitutional the provisions of the revised Law on the Institute of national memory with the definitions of “Ukrainian nationalists” and “Eastern Poland”. What does this mean and what difference does it make – versed journalists of channel 24.
What about the constitutional Tribunal’s decision is it?
On the assessment by the Constitutional court of Poland “antibanderovskie” rules of law About the Institute of naramata.
In January 2018 the law introduced a number of changes. Some of them created an interesting effect: it was possible to initiate criminal proceedings for denial of the crimes of Ukrainian nationalists (including the crimes of Ukrainian forces who collaborated with the Third Reich) and provided for criminal prosecution of those who “will attribute to the poles of the crimes of the Nazis”, in particular, will use the phrase “Polish death camps”.
What is the law On the national memory?
Not about the memory, and the Institute of national remembrance. This is an organization that explores everything that happened in Poland in the period from 1939 to 1989 inclusive, i.e. the period of the Second world war and Communist rule. And understands what crimes were committed against the Polish people in this period of time. In Ukraine such an institution too. But.
In contrast to the Ukrainian companies, the Polish Institute of national remembrance has prosecutorial functions. It was created on the basis of the Main Commission for investigation of German crimes, which existed from 1940-ies. In the 1990s, he has added functions of investigation of Soviet crimes against the poles and crimes of the Polish Communist government. The law, which is called “antibanderovskie” that actually regulates the work of the Institute.
On 26 January, the law adopted in the Polish Sejm, and on 6 February it was signed by the President of Poland Andrzej Duda. At the same time, the head of Poland has protested the provisions of the revised law on INP, which use the phrase “Ukrainian nationalists” and “Eastern Poland”. He also appealed to the constitutional court of Poland with a request to assess the innovations, therefore, not exclude that the law can still be amended.
That means the decision of the constitutional Tribunal?
That the Tribunal thinks right to their own assessment of historical events and personalities – not a reason for criminal prosecution.
Also it now means that Poland will be much easier to build relations with other countries. Conflicting edits created for the poles themselves problems. For example, by adopting this law, Poland has seriously complicated relations with Israel. The law actually deny the participation of poles in the Holocaust, and Israel has enough harshly criticized the document, Recalling that the largest concentration camps was located in Poland. Secondly, Poland had had problems with the EU, where not pleased with judicial reform, according to which the judiciary actually is hijacked by. To complicate the relationship even this law, which provided a significant politicization of historical processes, it would be more than inappropriate.
In addition, the constitutional Tribunal’s decision means the failure of the Russian propaganda, which largely contributed to ensure that this document is called “antibanderovskie”.
At what here Russia?
Traditionally involved in the idea. According to the analyst Valeria Dimova, of the investigation say that “Cookies’15” developed the law with the help of Russian historians. This dramatically shifted the attitude of the Polish political elite and society to the right. The poles have become hostages of the politicization of history.
“Cookies’15” is a Polish right political party, the influence which Russia has. In particular, in the media of the Polish policy of the Russian Federation and its influence called the reason that the Polish Sejm suddenly began to speak about the “Ukrainian nationalists”. Russia, by the way, the principle has a significant influence on right-wing political movements in Poland, in particular, for a party, “Zmiana”, provocation which repeatedly caused scandals in the country. Therefore, according to Dimova, recognition of the “Ukrainian” amendments unconstitutional suggests that another provocation of Moscow failed.
The Sejm of Poland may reconsider amendments to the law on the Institute of national remembrance. Now, given the decisions of the constitutional Tribunal. And the reason for the historic fights at the state level is likely to be eliminated.
For final stabilization of the situation it is necessary that Ukraine has made a step towards Poland and, for example, lifted the moratorium for Polish institutions to carry out exhumations of victims of war.