NATIONAL QUESTION IN POLISH LEGISLATION IN THE FIELD OF JUSTICE, 1921–1925

Abstract

The article examines the state policy of the Second Polish Republic toward national minorities in 1918–1926, its conceptual foundations, and its practical manifestations in the context of the establishment of parliamentary democracy. It is determined that the orientation of the ethnopolitical course was influenced not only by the number and role of ethnic groups in social and economic life but also by the political doctrines of the leading parties–the National Democrats, headed by R. Dmowski and J. Popławski, and the camp of J. Piłsudski. It was found that the National Democratic concept of “incorporation” envisaged the assimilation of Ukrainians and Belarusians and the restriction of the political and economic positions of the German minority, while the Piłsudski camp proposed a program of “federation” that granted cultural and political autonomy. Despite the proclaimed democratic principles, the strategic direction of the state remained the Polonization of the non-Polish population, which was often combined with disregard for constitutional provisions.

Using the example of Eastern Galicia, the article demonstrates the contradiction between the declared democratic principles and the actual practice of state authorities. These measures provoked protests, fostered the radicalization of the movement, and contributed to the growth of anti-state organizations, in particular the UVO (Ukrainian Military Organization). At the same time, a differentiated approach of the Polish authorities is traced: from partial concessions to the Germans in Silesia to systemic restrictions on Ukrainians and Belarusians in the eastern territories.

The purpose is to highlight the legislative regulation of the national question in the Second Polish Republic in the field of justice in 1921–1925. Scientific novelty. For the first time, the national question in Polish legislation in the field of justice during 1921–1925 is examined. The peculiarities of the regulatory and legal framework for ensuring the rights and interests of national minorities in the judicial proceedings of the Second Polish Republic in 1921–1925 are revealed. A list of Polish legislative acts that determined the legal status of national minorities in the field of justice during the selected period is identified. Main results. The state policy of the Second Polish Commonwealth towards national minorities in the interwar period was contradictory and inconsistent, shaped both by the historical ambitions of the Polish elites and the influence of the ideological programs of the leading political forces ‑ the National Democrats and the Piłsudskiites. Although in the field of justice the constitutional provisions ensured the principle of judicial independence, the rule of law, and the protection of citizens’ rights, these principles were not fully implemented for representatives of non-Polish ethnic groups. Systemic discrimination against Ukrainian judges, «purges» of the judicial corps, and disregard for legal guarantees testified to the dominance of national-political interests over democratic values.