REVERSING CARL SCHMITT: THE STATE OF EXEMPTION IN UKRAINE, AFTER THE 24TH OF FEBRUARY 2022 Cover Image

REVERSING CARL SCHMITT: THE STATE OF EXEMPTION IN UKRAINE, AFTER THE 24TH OF FEBRUARY 2022
REVERSING CARL SCHMITT: THE STATE OF EXEMPTION IN UKRAINE, AFTER THE 24TH OF FEBRUARY 2022

Author(s): Fountis Anastasios
Subject(s): Politics / Political Sciences, Political Philosophy, Political Theory, Philosophy of Law, Military policy, Peace and Conflict Studies
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: Carl Schmitt; Russian-Ukrainian war; state of exemption; law and politics;

Summary/Abstract: Problem setting. The military aggression of Russia against Ukraine, launched on February 24, 2022, once again drew the attention of all mankind to the problems of international law, state sovereignty, and its actions in a wartime emergency. Ukraine and its armed forces have done everything possible to repel military aggression and continue to fight for their freedom and independence. Upon their conditions, it makes sense to turn to the work of the rather controversial, but at the same time very influential political philosopher of the twentieth century, Carl Schmitt, to look at the situation in Ukraine through his legacy.Recent research and publications analysis. The personality and creative heritage of C. Schmitt is in the field of view of scientists all over the world; only in recent years dozens of scientists from all over the world (Josh Booth and Patrick Baert [1], Mariano Croce and Andrea Salvatore [2], Federico Finchelstein [3], Hugo E. Herrera [4], Peter Uwe Hohendahl [5], Jan-Paul Klünder [6], Peter Langford and Saul Newman [7], Ted H. Miller [8], Andrea Mossa [9], von Seyed Alireza Mousavi [10], Roberto Navarrete Alonso [11], Benjamin A. Schupmann [12] et al.), including Ukrainian ones (Viktor Burlachuk [15, p. 269-270], Oleksandr Vysotskyi [14, p. 724-725], Ivan Homza [13, vol. 2, p. 38-40], Borys Demianenko [16, p. 786], Svitlana Dmytrashko [13, vol. 2, p. 364-366], Nataliia Lepska [13, vol. 2, p. 538-540] et al.), have turned to understanding his teachings. But at the same time, the current critical situation in Ukraine requires one more look at the events through the prism of the political legacy of Carl Schmitt.The purpose of the article is to comprehend the positive and negative trends of the ongoing events in Ukraine through the political, philosophical and legal legacy of C. Schmitt.