Legal Department

Law on lustration entered into force

  • 20 October 2014
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October 16, entered into force the Law of Ukraine "On Purification of Government"
 
Purification of Government - is established by Law or by court order, barring individuals to occupy certain positions (be on the service), except for elective positions in state authorities and local government.
 

Lustration is performed to prevent the participation in public affairs of persons, whose actions or inactions have committed or contributed to such measures implementations, which were aimed on the usurpation of power by the President of Ukraine Viktor Yanukovych, undermine the foundations of the national security and defense of Ukraine or wrongful violation of the rights and freedoms - explained the lawyer of the NGO “Rozvytok Hromady” (“Community Development”) Andriy  Balubash.
 

The law defines the legal and organizational principles of inspection of public officials and officials of local governments, in order to restore confidence to the government and create conditions for building a new system of government in accordance with European standards. Positions and criteria of lustration are defined.

First of all, it should be noted, that within 10 days from the date of entry into force of the law, the person will be released, on the basis of the criteria set by the first paragraph of Article 3 of the Act, namely, that collectively occupied not less than 1 year of leadership positions during the presidency of Viktor Yanukovych:
 
  1. The President of Ukraine, Prime Minister of Ukraine, First Vice Prime Minister of Ukraine, Vice Prime Minister of Ukraine;
  2. minister, head of the Central Executive authority, which is not part of the Cabinet of Ministers of Ukraine, the Head of the National Bank of Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of the state property Fund of Ukraine, the Head of the State Committee for television and radio broadcasting of Ukraine, their first deputy, head or member of the National Commission for the relevant state regulation, state regulation of Communications, capital markets and financial services;
  3. the Prosecutor General of Ukraine, the Head of the Security Service of Ukraine, the Head of the Foreign Intelligence Service of Ukraine, the Head of Security of Ukraine, the head of the central authority, providing formation and implementation of the national tax and / or customs policy, tax police, their first deputy or deputy, the Deputy of the Minister of Internal Affairs of Ukraine;
  4. Secretary of the National Security and Defence Council of Ukraine, his first deputy, deputy;
  5. the Head of the Administration of the President of Ukraine, State Administration, the Head of the Cabinet of Ministers of Ukraine, National Anti-Corruption Committee, first deputy, deputy;
  6. the member of the High Council of Justice (except the President of the Supreme Court of Ukraine), the member of the High Qualifications Commission of Judges of Ukraine, the Head of the State Judicial Administration of Ukraine, his first deputy, deputy; 
  7. the head, Deputy head of the independent structural division of the Central authority (apparatus) of the General Prosecutor's office of Ukraine, security Service of Ukraine, the foreign intelligence Service of Ukraine, Ministry of internal Affairs of Ukraine, the Central authority of Executive power, that ensures the formation, and implements state tax and/or customs policy;
  8.  the head, Deputy head of the territorial (regional) authority of the Prosecutor's office of Ukraine, s the Security Service of Ukraine, Ministry of Internal Affairs of Ukraine, the Central authority of Executive power, that ensures the formation, and implements state tax and/or customs policy, tax police in the Autonomous Republic of Crimea, regions, and in Kyiv and Sevastopol;
  9.  the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, the head of the regional, Kiev and Sevastopol, state administrations, their first deputies, deputies of the head of regional state administration, regional state administration in Kyiv;
  10. the Chief of the General Staff - Chief of the Armed Forces of Ukraine, Commander of the Land forces of the Armed Forces of Ukraine, Commander of the Air Force of the Armed Forces of Ukraine, Commander of the Naval Forces of the Armed Forces of Ukraine, first Deputy.                                                                                              

Most of them will be removed from power and will not be able to hold positions of officials for 10 years.
 

“It should also be noted, that the Minister of Justice Pavlo Petrenko previously said, that the Ministry of Justice is ready in the first day of validity of the Law (16.10.2014) to approve the procedure of inspections throughout the state apparatus. According to his forecasts, verification of all state authority will take 2 - 3 years. The First will be a verification of central executive authorities, the second stage - regional authorities, and the last stage - officials at the level of districts and cities.”- Human rights activist.

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