Abstract text from 16.09.2014
Date of entry into force:
October 16, 2014
The Law determines the legal and organizational principles of lustration,
in order to protect and uphold democratic values, the supremacy of law, and
human rights in Ukraine.
The main principles of lustration are determined by Article 1 of the Law.
According to Article 2 of the Law, lustration measures are carried out in
respect of:
-
the Prime Minister of Ukraine, the First Deputy Prime
Minister of Ukraine, deputy Prime Ministers of Ukraine, as well as ministers,
heads of central executive authorities that are not included in 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 Television and Radio Broadcasting Committee of
Ukraine, and their first deputies and deputies;
-
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 the State Security Administration of Ukraine, the head of
the central executive authority that provides for creation and implements state
fiscal and/or customs policy, the head of the tax police, the head of the
central executive authority that provides for creation and implements state
policy in the sphere of civilian protection, and their first deputies and
deputies;
-
military officials of the Armed Forces of Ukraine and
other military formations created according to law, except for military
servicemen of active military service and enlisted military servicemen during
mobilization;
-
members of the Supreme Council of Justice, members of
the Supreme Judge Qualification Commission of Ukraine, professional judges, the
Head of the State Judicial Administration of Ukraine, and his first deputy and
deputy;
-
the Head of the Administration of the President of
Ukraine, the Head of the State Administrative Department, the Head of the
Secretariat of the Cabinet of Ministers of Ukraine, the Authorized Government
Officer in the Issues of Anti-Corruption Policy, and their first deputies and
deputies;
-
the senior staff of the bodies of internal affairs,
the central executive authority that implements state policy in the sphere of
execution of criminal punishment, the State Service of Special Communication
and Information Protection of Ukraine, the central executive authority that
provides for creation and implements state fiscal and/or customs policy, the tax
police, and the central executive authority that provides for creation and
implements state policy in the sphere of civilian protection;
-
officials and officers of the bodies of the
prosecutor's office of Ukraine, the Security Service of Ukraine, the Foreign
Intelligence Service of Ukraine, the State Security Administration of Ukraine,
and the National Bank of Ukraine;
-
members of the Central Election Committee, the
National Council of Ukraine in the Issues of Television and Radio Broadcasting,
heads and members of national commissions that conduct state regulation of
natural monopolies and state regulation in the sphere of communication and
informatization, and securities and financial services markets;
-
heads of state owned, including treasury, enterprises
in the defense industrial sector, and state owned enterprises included in the
sphere of management of the administrative service entity;
-
other officers and officials (with the exception of
elected
-
positions) of state authorities and bodies of local
self-government;
-
persons that aspire to hold the above positions.
Article 3 of the Law establishes criteria for lustration.
During 10 years after the Law takes effect, positions subjected to
lustration cannot be held by persons who have held the following positions for
a total length of one year or more, in the period between February 25, 2010 and
February 22, 2014:
-
the President of Ukraine, the Prime Minister of
Ukraine, the First Deputy Prime Minister of Ukraine, deputy Prime Minister of
Ukraine;
-
minister, the head of a central executive authority
that is not included in 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
Television and Radio Broadcasting Committee of Ukraine, their first deputy, the
head or member of the national commission that conducts, respectively, state
regulation of natural monopolies, and state regulation in the sphere of
communication and informatization, and securities and financial services
markets;
-
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 the State Security Administration of Ukraine, the head of
the central executive authority that provides for creation and implements
fiscal tax and/or customs policy, the head of the tax police, their first
deputy or deputy, or deputy of the Minister of Internal Affairs of Ukraine;
-
the Secretary of the Council for National Security and
Defense of Ukraine, their first deputy or deputy;
-
the Head of the Administration of the President of
Ukraine, the Head of the State Administrative Department, the Head of the
Secretariat of the Cabinet of Ministers of Ukraine, the Authorized Government
Officer in the Issues of Anti-Corruption Policy, their first deputy or deputy;
-
member of the Supreme Council of Justice (with the
exception of the Head of the Supreme Court of Ukraine), a member of the Supreme
Judge Qualification Commission of Ukraine, the Head of the State Judicial
Administration of Ukraine, and his first deputy or deputy;
-
the head or deputy head of an independent
organizational unit of the central body (staff) of the Prosecutor General's
Office of Ukraine, the Security Service of Ukraine, the Foreign Intelligence
Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central
executive authority that provides for creation and implements state fiscal
and/or customs policy, and the tax police;
-
the head or deputy head of a territorial (regional)
organizational body of the Prosecutor General's Office of Ukraine, the Security
Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central
executive authority that provides for creation and implements state fiscal
and/or customs policy, and the tax police, in the Autonomous Republic of
Crimea, regions, and the cities of Kyiv and Sevastopol;
-
the Head of the Council of Ministers of the Autonomous
Republic of Crimea, the head of a regional state administration, the Kyiv or
Sevastopol city state administration, their first deputies, deputies, the head
of a district state administration, or a district state administration in the
city of Kyiv;
-
the Head of the General Staff – the Commander in Chief
of the Armed Forces of Ukraine, the Commander of the Land Forces of the Armed
Forces of Ukraine, the Commander of the Air Forces of the Armed Forces of
Ukraine, the Commander of the Navy of the Armed Forces of Ukraine, or their
first deputy.
During 10 years after the Law takes effect, positions subjected to
lustration cannot be held by persons who have held the following positions in
the period between November 21, 2013 and February 22, 2014, and were not
dismissed from such position (positions) by their own initiative during that
period:
-
the Secretary of the Council for National Security and
Defense of Ukraine, the Prime Minister of Ukraine, the First Deputy Prime
Minister of Ukraine, deputy Prime Minister of Ukraine, minister, the head of a
central executive authority that is not included in 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 Television and Radio Broadcasting Committee of Ukraine, the
Prosecutor General of Ukraine, the Head of the Security Service of Ukraine, the
head of the central executive authority that provides for creation and
implements state fiscal and/or customs policy, the head of the tax police, the
head of the central executive authority that provides for creation and
implements state policy in the sphere of civilian protection, the Head of the
Administration of the President of Ukraine, the Head of the State
Administrative Department, the Head of the Secretariat of the Cabinet of
Ministers of Ukraine, the Authorized Government Officer in the Issues of
Anti-Corruption Policy, their first deputy or deputy;
-
a member of the Supreme Council of Justice (with the
exception of the Head of the Supreme Court of Ukraine), a member of the Supreme
Judge Qualification Commission of Ukraine, the Head of the State Judicial
Administration of Ukraine, and his first deputy or deputy;
-
the head or deputy head of an independent
organizational unit of the central body (staff) of the Prosecutor General's
Office of Ukraine, the Security Service of Ukraine, the Foreign Intelligence
Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central
executive authority that provides for creation and implements state fiscal
and/or customs policy, and the tax police;
-
the head or deputy head of an territorial (regional) organizational
body of the Prosecutor General's Office of Ukraine, the Security Service of
Ukraine, the Ministry of Internal Affairs of Ukraine, the central executive
authority that provides for creation and implements state fiscal and/or customs
policy, and the tax police, in the Autonomous Republic of Crimea, regions, and
the cities of Kyiv and Sevastopol;
-
the Head of the Council of Ministers of the Autonomous
Republic of Crimea, the head of a regional state administration, the Kyiv or
Sevastopol city state administration, their first deputies, deputies, the head
of a district state administration, or a district state administration in the
city of Kyiv;
-
the Head of the General Staff – the Commander in Chief
of the Armed Forces of Ukraine, the Commander of the Land Forces of the Armed
Forces of Ukraine, the Commander of the Air Forces of the Armed Forces of
Ukraine, the Commander of the Navy of the Armed Forces of Ukraine, or their
first deputy;
-
the head or member of the national commission that
conducts, respectively, state regulation of natural monopolies and state
regulation in the sphere of communication and informatization, and securities
and financial services markets;
-
the head of a state owned enterprise included in the
sphere of management of the administrative service entity, which, according to
the legislation, carries out operations required to provide administrative
services;
-
an employee of a law enforcement authority that took
part in detaining persons relieved from criminal or administrative liability
under the Law of Ukraine "On Elimination of Negative Consequences and
Prevention of Persecution and Punishment of Persons in Relation to Events
Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and
the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons
in Relation to Events Taking Place During Peaceful Rallies, and Declaration of
Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
-
an employee of a law enforcement authority who
prepared and/or acted to facilitate preparation of reports and protocols of
administrative violation, notification of suspected criminal offence, or bills
of indictment against persons relieved from criminal or administrative
liability under the Law of Ukraine "On Elimination of Negative
Consequences and Prevention of Persecution and Punishment of Persons in
Relation to Events Taking Place During Peaceful Rallies" N 737-VII of
January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and
Punishment of Persons in Relation to Events Taking Place During Peaceful
Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N
737-VII of February 21, 2014;
-
an investigating body of prejudicial inquiry, inquiry
officer, operative, or inspector who carried out investigation and operative
action in respect of persons relieved from criminal or administrative liability
under the Law of Ukraine "On Elimination of Negative Consequences and
Prevention of Persecution and Punishment of Persons in Relation to Events
Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and
the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons
in Relation to Events Taking Place During Peaceful Rallies, and Declaration of
Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
-
-
an employee of a prosecution body that carried out
procedural supervision, submitted a report or an approval, or supported a
petition to apply preventive measures, or supported state prosecution in a
trial in respect of persons relieved from criminal or administrative liability
under the Law of Ukraine "On Elimination of Negative Consequences and
Prevention of Persecution and Punishment of Persons in Relation to Events
Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and
the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons
in Relation to Events Taking Place During Peaceful Rallies, and Declaration of
Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
-
-
a judge that passed a resolution to permit detention
for attachment, to apply preventive measures in the form of custodial
restraint, or passed a resolution to bring to administrative or criminal
liability persons relieved from criminal or administrative liability under the
Law of Ukraine "On Elimination of Negative Consequences and Prevention of
Persecution and Punishment of Persons in Relation to Events Taking Place During
Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine
"On Prevention of Persecution and Punishment of Persons in Relation to
Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of
Ukraine Null and Void" N 737-VII of February 21, 2014.
The prohibition to hold positions subjected to lustration during 5 years
after the appropriate court resolution takes effect applies to judges who
passed resolutions to permit detention for attachment, to apply preventive
measures in the form of custodial restraint, approved guilty verdicts or left
them unchanged, in respect of persons subject to full individual amnesty under
the Law of Ukraine "On Amendments to the Law of Ukraine "On the Use
of Amnesty in Ukraine" Relating to Full Rehabilitation of Political Prisoners"
N 792-VII of February 27, 2014, employees of internal affairs bodies,
prosecution bodies, and other law enforcement bodies who, by their decisions,
actions or inaction, carried out (and/or facilitated) measures aimed at
criminal persecution and criminal prosecution of persons subject to full
individual amnesty under the Law of Ukraine "On Amendments to the Law of
Ukraine "On the Use of Amnesty in Ukraine" Relating to Full
Rehabilitation of Political Prisoners" N 792-VII of February 27, 2014.
The prohibition to hold positions subjected to lustration during 10 years
after the Law takes effect applies to persons who:
-
were elected and worked in senior positions of the
Communist Party of the Soviet Union, the Communist Party of Ukraine, and the
Communist Party of another union republic of the former USSR, starting from the
position of the district committee secretary and upwards;
-
were elected and worked in senior positions of the
Lenin's Communist Society of Youth of Ukraine, starting from the position of the
Central Committee secretary and upwards;
-
were staff members or covert agents in the Committee
for State Security of the Soviet Union, the Committee for State Security of the
Ukrainian Soviet Republic, the Committee for State Security of other union republics
of the former USSR, the Main Intelligence Directorate of the Ministry of
Defense of the USSR, or graduated from higher educational institutions of the
Committee for State Security of the Soviet Union (with the exception of
technical specialties).
The prohibition to hold positions subjected to lustration during 5 years
after the appropriate court resolution takes effect applies to officials and
officers of state authorities and bodies of local self-government (with the
exception of the above persons) who, while holding the respective position
between February 25, 2010 and February 22, 2014, by their decisions, actions or
inaction, carried out measures aimed at the unlawful seizure of power by the
President of Ukraine Victor Yanukovych, sabotage of the foundation of national
security, defense, and the territorial integrity of Ukraine, resulting in
violation of human rights and freedoms.
The prohibition to hold positions subjected to lustration during 5 years
after the appropriate court resolution takes effect applies to officials and
officers of state authorities and bodies of local self-government, including
judges, employees of internal affairs bodies, the prosecutor office of Ukraine,
and other law enforcement bodies who, by their decisions, actions or inaction,
which have been established by a court resolution that has taken effect,
carried out measures aimed at preventing realization of the constitutional
right of citizens of Ukraine for peaceful assembly, meetings, rallies, walks,
and demonstration, or aimed at damaging the life, health or property or natural
persons between November 21, 2013 and February 22, 2014.
The prohibition to hold positions subjected to lustration during 5 years
after the appropriate court resolution takes effect applies to officials and
officers of state authorities and bodies of local self-government, including
judges, employees of internal affairs bodies, the prosecutor's office of
Ukraine, who, according to a court resolution that has taken effect:
-
collaborated with special services of other states as
secret informers in operative information acquisition;
-
with their decisions, actions or inaction, carried out
(or facilitated) measures aimed at sabotaging the foundations of national
security, defense, or the territorial integrity of Ukraine;
-
publicly instigated violation of the territorial
integrity and sovereignty of Ukraine;
- incited ethnic hatred;
-
with their unlawful decisions, actions or inactions,
caused violation of human rights and fundamental freedoms recognized by
resolution of the European Court of Human Rights.
The prohibition to hold positions subjected to lustration during 10 years
after the Law takes effect applies to persons who were inspected and found to
have included untrue information about their property (property rights) in
declarations of property, incomes, expenses and financial liabilities submitted
for the previous year, prepared according to the form established by the Law of
Ukraine "On Grounds of Corruption Prevention and Counteraction"
and/or where the value of the property (property rights) specified in their
declaration and acquired during their time in the above positions does not
correspond to incomes received from lawful sources.
According to Article 4 of the Law, persons holding positions subjected to
lustration shall submit to the head or the appropriate body a personal written
application, stating that the above prohibitions apply to them, or inform that
the respective prohibitions do not apply to them, and confirming their consent
to undergo inspection and to have information about them made public according
to the Law.
The application shall be submitted no later than on day 10 after the
beginning of inspections in the appropriate body or company, according to the
inspection schedule. Failure to submit an application in the specified time
constitutes grounds to dismiss the person from their position, no later than on
day 3 after expiration of the term for application submission, and to apply to
them the prohibition to hold positions subjected to lustration during 10 years
after the Law takes effect.
Article 5 of the Law establishes the inspection procedure. The body
authorized to ensure inspection under this Law is the Ministry of Justice of
Ukraine. Organization of the inspection of persons (with the exception of
professional judges and the following persons) is in the competence of the head
of the appropriate body whose authority includes dismissing the person subject
to inspection from their position.
Organization of the inspection of professional judges is in the competence
of the head of the court employing such judge. Organization of the inspection
of members of the Supreme Council of Justice, the Supreme Qualification
Commission of Judges of Ukraine, the Central Election Commission, and the
National Council of Ukraine in the Issues of Television and Radio Broadcasting
is in the competence of the head of the body employing the appropriate person. Inspection is carried out in the following
order:
-
the Minister of Justice of Ukraine, officials and
officers of the Ministry of Justice of Ukraine, heads, officials and officers
of bodies that inspect the reliability of appropriate information on the
application of prohibitions, within their competence;
-
heads of bodies subjected to lustration measures;
-
deputy heads of bodies subjected to lustration
measures, heads of their organizational units, heads of their territorial (regional)
bodies, and heads of state owned, including treasury, companies of the defense
industrial complex, and of state owned companies included in the management
sphere of the administrative services entity;
-
other persons holding positions subjected to
lustration measures.
A person aspiring to hold a position subjected to lustration measures (with
the exception of persons enlisted to military service under officer corps
enlistment, and persons enlisted to military service during mobilization, for
the special period, or involved to perform duties in positions provided by the
higher establishments, on the anti-terrorist operation territory), shall submit
a personal written application stating that the respective prohibitions do not
apply to them, and confirming their consent to undergo inspection and to have
information about them made public according to the Law.
The above information contained in the application is checked during
special inspection carried out according to Article 11 of the Law of Ukraine
"On Grounds of Corruption Prevention and Counteraction", according to
the procedure and terms determined by the Law. If the inspection establishes
that the person is included in the list of persons to whom the prohibitions
apply, that shall constitute grounds to refuse appointment of such person to
the position they are aspiring to (Article 6 of the Law).
According to Article 7 of the Law, information about person to whom
prohibitions under this Law apply is entered into the Unified State Register of
Persons Subject to Provisions of the Law of Ukraine "On Lustration"
(hereinafter referred to as "Register"), created and maintained by
the Ministry of Justice of Ukraine.
Information from the Register, on whether information about a person has
been entered into the Register, or is absent in the Register, is provided:
-
by request of state authorities, authorities of the
Autonomous Republic of Crimea, or bodies of local self-government in order to
hold an inspection under the Law, or a special inspection provided for by the
Law of Ukraine "On the Grounds of Corruption Prevention and
Counteraction", to check information about persons aspiring to positions
associated with executing functions of the state or local self-government;
-
by request of law enforcement bodies, if such
information must be provided under criminal or administrative proceedings, or
by request of a prosecutor, for supervision of adherence to the requirements of
laws and of application of laws;
-
during cross-checking of the list of people dismissed
from their positions due to lustration against the information contained in the
Register;
-
by address of a natural person (person authorized by
them) requesting information about themselves.
No later than on the third day after receiving information subject to entry
into the Register, the Ministry of Justice of Ukraine shall ensure publication
of such information on its official website and enter it into the Register. The
following information about a person to whom the provisions of this Law apply
shall be made available for free and round-the-clock access:
- full name;
-
place of employment and position at the time of the
application of the provisions of the Law;
-
information about the inspection status of the person,
and information on the inspection conclusions that indicate grounds to apply
prohibitions determined by Article 1 of the Law to such person;
-
time during which appropriate prohibition applies to
such person.
The above information is not included in personal confidential information
and cannot be restricted.
The Law also introduces appropriate amendments to the Code of Labor Laws of
Ukraine, the Criminal Code of Ukraine, and the Laws of Ukraine "On the
Judicial System and Status of Judges" and "On Grounds of Corruption
Prevention and Counteraction".
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