Legal Department
The legal department of the NGO “Rozvytok Hromady" (“Community Development”), explained how lustration will be held in Ukraine
Mechanisms of purification of power in country are approved by the Government.
Previously, we reported on the adoption of the Law of Ukraine “About the purification of power”. On October 24, entered into force the procedure of inspection of the reliability of information, considering the use of prohibitions, set by the Law “About the purification of power”, which was approved by the Cabinet of Ministers, dated by October 16, 2014, № 563. To the authorities, which verifies the accuracy of the information on the applications of lustration prohibitions, are included: The Ministry of Justice Of Ukraine, Ministry Of Internal Affairs, State Tax Service of Ukraine, Security Service of Ukraine, General Prosecutor's Office of Ukraine, The State Judicial Administration of Ukraine.
The decision to launch an inspection is made by the head of authority or by the head of the court, in accordance with the plan of inspections, approved by the Cabinet of Ministers. It defines the start date of the inspection and is responsible for its implementation - personnel Department or other structural unit. The decision shall be delivered in the day of adoption on the official website of the authority, and will be brought to the attention to individuals that are inspecting.
Previously, we reported on the adoption of the Law of Ukraine “About the purification of power”. On October 24, entered into force the procedure of inspection of the reliability of information, considering the use of prohibitions, set by the Law “About the purification of power”, which was approved by the Cabinet of Ministers, dated by October 16, 2014, № 563. To the authorities, which verifies the accuracy of the information on the applications of lustration prohibitions, are included: The Ministry of Justice Of Ukraine, Ministry Of Internal Affairs, State Tax Service of Ukraine, Security Service of Ukraine, General Prosecutor's Office of Ukraine, The State Judicial Administration of Ukraine.
The decision to launch an inspection is made by the head of authority or by the head of the court, in accordance with the plan of inspections, approved by the Cabinet of Ministers. It defines the start date of the inspection and is responsible for its implementation - personnel Department or other structural unit. The decision shall be delivered in the day of adoption on the official website of the authority, and will be brought to the attention to individuals that are inspecting.
“A person subjected to verification, is obliged within 10 days from the date of the inspection to file his own written statement that, the prohibitions, defined in paragraph 3 and 4, of the 1 Law, about the consent for verification and publication of information about him, does not apply for him. Or in the statement should be indicated, that these prohibitions are applied. Persons holding positions, which constituting a state secret, shall not give consents to the disclosure of information about the verification. The judge is obliged within 10 days, to file an application in the prescribed form and a declaration of property, income, expenses and financial obligations.” – informed the lawyer of the NGO "Rozvytok Hromady" ("Community Development") Andriy Bolyubash.
It should be added that the decision on lustration of a person, on the day of acceptance will be forwarded to the Ministry of Justice. Simultaneously with this decision the information about the person must be also sent: surname, name, patronymic, date and place of birth, series and number of the passport, when and by whom was issued, VAT identification number, place of residence, place of work, position at the time of application of the provisions of the Act, the information about the ban, which applied to the person, specifying criteria, under which the appropriate prohibition was applied.
Not later than 3 days from the date of receipt of the information is entered in the register of persons subjected for lustration. Within one month after the beginning of the inspection, physical and juridical persons may provide information, about the person, which is currently verified, in relation to the distribution of the prohibitions stipulated by Law, in the inspection of the check or in the inspection of lustration under the Ministry of Justice.
Statement of consent for verification of lustration must also submit applicants for positions that are checked (Prime Minister, Minister, Head of the National Bank, the Prosecutor General, members of the High Council of Justice and of the High Qualification Commission of Judges of Ukraine, other positions (except elective) government, local authorities). Candidates for judges also submit this application to the High Qualification Commission of Judges of Ukraine.
Photo: zn.ua