HISTORICAL MEMORY IN THE LEGAL UNDERSTANDING OF THE RUSSO- UKRAINIAN WAR

Abstract

The article examines historical memory as a factor in the legal understanding of the Russo-Ukrainian war. Memory is shown to be more than a retrospective representation of the past. During war it shapes the temporal framework of aggression, influences the interpretation of its causes, determines the public perception of victims and resistance, and contributes to the legitimacy of legal decisions. Historical memory in the legal dimension is defined as a socially and institutionally formed system for selecting, recording, evaluating and transmitting ideas about the state and legal past. It influences the legal interpretation of events but does not replace the establishment of facts through due legal process. The article identifies the temporal and causal, identity and legitimacy, qualification and interpretation, evidence and documentation, and restorative and preventive dimensions of historical memory. Russian memory politics is described as an imperial explanatory framework in which the denial of Ukrainian historical agency was used to justify aggression. Ukraine’s legal response includes affirming the continuity of the struggle for independence, decolonising public space, documenting international crimes and developing practices of commemoration. The article distinguishes social memory, historical knowledge, legal fact and judicial evidence. It argues that memory can provide context and motivate documentation, but it cannot determine the outcome of proceedings or replace the applicable standard of proof. Criteria for a lawful wartime memory policy are proposed. They include historical reliability, respect for the dignity of victims, legal certainty, proportionality, academic freedom, civic inclusion, institutional coherence and an orientation towards guarantees of non-recurrence. Under these conditions, historical memory strengthens the resilience of the legal order and supports a responsible transition from the experience of war to post-war justice.