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Updated amendment suggestions to the Ukrainian law on lustration

In connection with the presentation of the report summarising the legislative work on the Ukrainian lustration law, the project coordinator from the Foundation presented the latest expert recommendations regarding the changes in the law, which would bring the law more into line with the standards of European law.

Recommendations of pro bono experts cooperating with the Foundation are partly consistent with the general guidelines of the Venice Commission, especially in the issues regarding the creation of an independent institution and the questionable provisions regarding collective responsibility.

However, the law is not mathematics, and it should be emphasised that each state has a wide discretion in adopting lustration solutions.

On this occasion we congratulate the Ukrainian delegation led by Yehor Sobolev upon siccessful negotiations with the Venice Commission. The Commission restrained from publishing their conclusions at this moment and is willing to support proper amendments to the law “On Purification of Government”. On the other hand the Commission recognized the need to find effective way of verification of the judiciary cause the other law “On Restoration of Trust to the Judiciary” does not effectively work.

Ukrainian side will work together with the Venice Commission upon finding proper solutions for Ukraine. Also the need for creation of an independent body responsible for lustration is being seriously considered. This is one of the crucial recommendations of experts who prepared the guideling attached below.

These recommendations are complementary to the recently published report summarizing legislative work on the luctration act of Ukraine.

Download amendments