Запобігання героїзації військових злочинців та легалізації нацизму: практичні аспекти

Abstract

The content of the legal norms enshrining the concepts of Nazism, Holocaust is determined in the research via the use of hermeneutic approach and formal and legal method. Broad and narrow approaches to interpreting these concepts in scientific doctrine have been identified. Their relationship with each other and with the concepts of crimes against humanity and international crimes has been clarified. The countries where Holocaust denial is a criminal offense have been identified. It has been established that jurisdiction of these cases has is not governed in the national legislation of Ukraine. It is concluded that there is no regulatory definition of the concept of the Holocaust at either international or national level. It is proposed to consider the concept of Holocaust as a form of genocide. In order to prevent corruption-causing factors in the regulatory governance of the issue and discrimination against the rights of any racial group, it is proposed to define the concept of Holocaust via a broad approach. The need for the legislator to take into account the intention of Nazis to completely exterminate not only Jews but also Roma, Poles, to take into account the facts of abuse, inhumane medical experiments on Soviet prisoners of war, murders and slave labor of the Slavs, the intention of assimilating civilians of the USSR with German racial group or relocate them beyond the Urals or exterminate when defining the concept of the Holocaust has been substantiated. It has been established that in violation of Article 1, paragraph 1, subparagraph 20 of the Law of Ukraine “On the Legal Status and Honoring the Memory of Fighters for the Independence of Ukraine in the Twentieth Century” No. 314 dated 09.04.2015 the Cabinet of Ministers of Ukraine did not approve the list of organizations, structures and formations existing during the twentieth century aimed at obtaining, restoring or protecting the independence of Ukraine. It has been established that the legislation does not define specific forms of legal and illegal fighting for independence of Ukraine. There is no regulatory definition of fighters for the independence of Ukraine (specific individuals, organizations, other formations) related to the National Socialist Workers’ Party of Germany and its units (SA, SD, SS, Gestapo). A number of recommendations have been provided. In particular, to open access to information about the persecution and mass extermination of Jews, Roma and Slavs during the Second World War, to approve the list of legal and illegal forms of fighting for independence, fighters for independence in the twentieth century.