Postcolonial Perspective on the Development of Rule of Law in Post-Soviet States: A Case Study of Ukraine and the EU's Role

• In Event: Geographies of Post-Socialist Belonging: Law, Race, and Gender

Abstract

This paper aims to reveal how the lack of awareness of the colonial history of various Eurasian states not only hinders the recognition of diverse populations with unique cultures and historical narratives but also obstructs a comprehensive understanding of the challenges encountered by newly independent states following the dissolution of the Soviet Union. Focusing on Ukraine as a case study, it applies colonial theory to the difficulties in establishing the rule of law in post-Soviet states.
The paper underscores the impact of unsuccessful decolonization efforts and the inability to establish independent legal traditions in Ukraine following the collapse of the Russian Empire on the development of the rule of law in contemporary Ukraine.
We analyse the main obstacles to strengthening the rule of law in Ukraine, such as oligarchy, corruption and lack of political will, drawing connections between these issues and the colonial legacy as well as post-colonial tensions in the region.
Our study delves into the EU’s role in enhancing the rule of law in Ukraine and the EU's broader perception of Eastern Europe. It sheds light on how a deficient understanding of colonial history among external actors, who play a leading role in advocating for the rule of law, democracy, and human rights globally, hinders the ability to address postcolonial challenges effectively.

Authors

• Oksana Telenko, U of Milan (Italy)

• Oleksandra Kurbet, National Academy of Sciences (Ukraine)