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Lustration in Ukraine. Draft Act on the “Cleansing amongst the Authorities”

On the 15th July 2014, together with a group of initiating deputies, Yehor Sobolev’s Lustration Committee filed with the Verhovna Rada of Ukraine an amended draft of the act on lustration review.

Some of the amendments suggested by the experts have been incorporated in the draft. On the 14th August, under social pressure, the Verkhovna Rada adopted the draft in the first reading.

The project’s coordinator from the Open Dialog Foundation, Agnieszka Piasecka, is constantly collecting and passing on to the Lustration Committee for consideration, professional analyses and opinions on the draft act.

The analyses and recommendations for the first draft of the act and the version as currently adopted in the first reading on 14.08.2014, have been provided by international experts with the greatest contributions having been made by:

  • Dr Radosław Peterman, Vetting Office, Polish Institute of National Remembrance (IPN),
  • Petruska Sustrova – co-author of the Czech lustration act,
  • Dr Pavel Zaczek – co-founder and first President of the Czech Institute for the Study of Totalitarian Regimes in Prague,
  • Giorgi Gotsiridze, Georgian Young Lawyers’ Association,
  • Professor Roman David, University of Lingnan, Hong Kong,
  • Artur Bilski, Faculty of law and Administration, University of Warsaw,
  • Paweł Osik, attorney at law, representing the Polish National Bar Council
  • Anne Souleliac – legal counsel and human rights coordinator, French Bar Council.

The amendments made to date envisage the abandonment of the polygraph testing due to the method’s unreliability and its controversial nature, and ensuring a possibility of filing an appeal against a negative verification result with the court. Experts, however, propose a number of other necessary amendments for the act to meet the requirements of international law.

Amended draft, adopted in the first reading by the Verkhovna Rada, in Polish and English.