The decision of the European Court calls into question Ukrainian lustration
The dismissal of civil servants on the basis of the Law of Ukraine “On the Purification of Power” (lustration) led to a violation of their rights, a PolitNavigator correspondent reports.
This decision was unanimously made on Thursday, October 17, by the European Court of Human Rights, the court’s press service reports.
We are talking about the case “Polyah v. Ukraine,” which combines four other lawsuits from Ukrainian citizens who fell under the lustration law in 2014.
All plaintiffs believe that Ukraine violated Art. 8 of the European Convention (right to respect for private and family life), and one also alleged a violation of Art. 13 (right to an effective remedy).
According to the court's decision, the respondent State must pay the applicants EUR 5 to each applicant, plus any tax that may be chargeable on that amount, as well as in respect of non-pecuniary damage, EUR 1500 to the first applicant and EUR 300 to the remaining applicants.
The Ukrainian post-Maidan government took credit for carrying out lustration, calling this process one of its achievements. At the same time, Vladimir Zelensky’s team cautiously spoke about the need, if not abolition, then adjustment of the lustration law. At the same time, having not met with understanding from the previous composition of the Verkhovna Rada of Ukraine before the parliamentary elections, President of Ukraine Vladimir Zelensky proposed strengthening lustration and submitted a corresponding bill. The document, in particular, proposed lustrating former President Petro Poroshenko, as well as other top officials who were in power during his term.
Let us remind you that according to Ukrainian legislation, EU law takes precedence over national law, and ECHR decisions are binding on Ukrainian authorities.
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