Relevance of national legislation on the cleaning of authorities to international legal standards
Journal Title: Публічне управління та митне адміністрування - Year 2018, Vol 2, Issue
Abstract
The scientific article is devoted to the clarification of the compliance of national legislation on the purification of power to international legal standards. The conclusion of the European Commission for Democracy through the Law on the Law of Ukraine “On the Purge of Power” (Law On Lustration) in Ukraine of December 16, 2014, the judgment of the European Court of Human Rights is analyzed. As a result, the main problems of the implementation of the Law of Ukraine “On the purification of power” and the ways of their solution are singled out. The Law of Ukraine “On purification of power” contains several serious shortcomings and requires revision, at least as follows: lustration should apply only to those positions that can indeed constitute a significant threat to human rights and democracy; the list of posts subject to lustration must be revised; the fault must be proved in each individual case, and cannot be relied upon only on the grounds of belonging to the category of public office; lustration criteria must be reviewed; The authority to hold lustration should be taken from the Ministry of Justice and transferred to a specially created independent body, with the active involvement of civil society; the lustration procedure should take place with the guarantee of a fair trial (right to a lawyer, equality of parties, the right to be heard personally); the administrative decision on lustration must be suspended until the final court decision is made; the law on lustration must provide for such guarantees; information about persons subject to lustration measures may only be made public after a final decision by the court. It is proved that the further application of the current version of the Law of Ukraine “On purification of power” in the conditions of recognition by the Venice Commission of its non-compliance with international standards, will mean a deliberate violation of the constitutional rights and freedoms of hundreds of thousands of Ukrainian citizens, which will entail enormous social tension, will have grave consequences for lustrous persons and their families, will demand compensation at the expense of the state budget of Ukraine for legal expenses and payment of wages during the forced absenteeism of illegally dismissed from work. both of which will be subject to renewal.
Authors and Affiliations
В. В. ЧЕНЦОВ, Є. О. Легеза
Keywords
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