Does the symbolism of the 14th Waffen Grenadier Division of the SS “Galician” relate to the symbolism of the national socialist totalitarian regime? Results of appeal consideration

Judges’ panel of the Sixth Administrative Court of Appeal has considered an appeal of the Ukrainian National Memory Institute on the decision of the first instance court from the 27st of May, 2020 in administrative case No. 826/11325/17.

A plaintiff applied to the court with the appeal to rule as illegal actions of the Ukrainian National Memory Institute and its chief on providing an interpretation of the Art. 1, para. 1(5) of the Law of Ukraine "On the condemnation of the communist and national socialist totalitarian regimes in Ukraine and the prohibition of the propaganda of their symbols" of the Internet edition “Strana.ua” on the division SS “Galician”. In this paragraph refers to what is recognized as the symbolism of the national socialist totalitarian regime.

Also, to prohibit symbols propaganda of the 14th Waffen Grenadier Division of the SS “Galician” by the defendants, taking into account the subsequent changes in its name.

At the same time, the plaintiff asked to oblige the defendants to refute the information about the symbols of the 14th Waffen Grenadier Division of the SS “Galician”.

The first instance court partially satisfied the claim and rulled as illegal actions of the Ukrainian National Memory Institute and its chief in providing an opinion that the symbolism of the 14th Waffen Grenadier Division of the SS “Galician” in accordance with the current legislation of Ukraine is not a symbol of the national socialist totalitarian regime, distribution or public use of which is prohibited in Ukraine. The first instance court obliged the Ukrainian National Memory Institute and its officials to refrain from taking actions to disseminate the above and rejected the other part of the claim.

Disagreeing with this decision, the defendant filed an appeal. The judges’ panel of the Sixth Administrative Court of Appeal partially satisfied an appeal and decline the decision of the first instance court in the part in terms of satisfied claims.

The grounds for such a decision of the Sixth Administrative Court of Appeal will be published after the full text of the judgment is completed.

 Press Office of the Court