Fedyk L. Status of satellite countries and protectorate of the Third Reich during the Second World War: historical and legal analysis

DOI: 10.33098/2078-6670.2023.15.27.1.96-105

Purpose. The purpose of the study is to analyze the legal status of the satellite countries and the Protectorate of Bohemia and Moravia, and to identify common and distinctive features. Methodology. The methodological basis of the study is a combination of philosophical, general scientific and special methods of cognition. The dialectical method was used to clarify the prerequisites for the emergence, formation and development of the Protectorate of Bohemia and Moravia. The systemic-structural method made it possible to distinguish the constituent elements of the legal status of the Protectorate and its satellite countries. The comparative legal method was used to compare the forms and methods of interaction between the Third Reich and the satellite countries. Results. Thus, the Nazi theory of the occupation administration in the Protectorate of Bohemia and Moravia aimed to preserve the appearance of a relatively independent Czech state under German administration. In this regard, a dual system of governance, the German-Czech system, was maintained for a long time. The Czech component was represented by the president and the government, which had executive and administrative functions. The general management of the protectorate was entrusted to a protector appointed by the Reich Chancellor. The satellite states retained national power. Restrictions concerned only foreign policy activities, which had to be coordinated with the Third Reich. Common to the Protectorate and the satellite states was the subordination of the economic and military spheres to German needs. Scientific novelty. The study shows that the Protectorate of Bohemia and Moravia did not correspond to the classical understanding of the concept of “protectorate”, as it was not the result of an interstate agreement, but a unilateral decision of the Nazi German authorities. In addition, the author clarifies the organizational and legal framework of the autonomous authorities of the Protectorate and establishes that their activities were regulated by the regulations adopted in the Third Reich. Practical significance. The formulated conclusions can be used in research work – for the formation of a systematic approach to understanding the legal status of satellites and protectorates and in the educational process – in the formation and teaching of the discipline «History of State and Law of Foreign Countries».

Key words: protectorate, satellite country, Germany, autonomy, sovereignty, protector.

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