Concerning the Implementation of Transitional Justice in Ukraine in the Post-war period

Abstract

The article examines the issue of the possibility of implementing transitional justice in Ukraine in the post-war period in the light of the implementation of the political function of the state.
The authors focus attention on the fact that one of the central problems of the implementation of the content of the political function of the state is the issue of protecting the rights and freedoms of human and citizen, and for modern Ukraine in the conditions of martial law and future post-war reconstruction, this request acquires a new definition. Therefore, the problem of developing an effective legal mechanism for the implementation of human rights protection will become one of the most important tasks for the Ukrainian state in the post-war period. In order to overcome all the negative consequences of the armed conflict, restore the principles of the rule of law, return to the full functioning of democratic institutions, as well as respect for human rights by states, various concepts of transitional justice were developed and implemented.
World experience shows that transitional justice can be an effective tool for overcoming the consequences of armed conflicts, contributing to the stabilization of the situation and ensuring lasting peace. The study of more or less successful examples from the history of different states (for example, South Africa, Rwanda, Colombia, etc.) provides valuable experience that can be used and adapted to the conditions of each country, including Ukraine.
The authors conclude that the implementation of transitional justice in Ukraine, aimed at overcoming the consequences of the armed conflict with Russia, will require the creation of effective mechanisms for ensuring justice and recovery. Criminal prosecution, primarily for the commission of international crimes, should become established directions of transitional justice that have developed in international legal practice; compensation for damage, payment of reparations and restoration of violated rights; search for the truth (including by documenting war crimes) and carrying out institutional reforms. The result of transitional justice should be the final affirmation of the principle of the rule of law with adequate guarantees for the realization of human rights.