Experts of the Venice Commission have confirmed the right of the Ukrainian
state to clean power from those who were involved in usurpation of power by former
President of Ukraine Viktor Yanukovych. Justice
Minister Pavel Petrenko informed about this following
a meeting of the Venice Commission on Friday, June 19.
The final conclusion of the Venice Commission states that the Law of
Ukraine on lustration does not contradict and is consistent with international
standards and resolutions of the Council of Europe.
Pavlo Petrenko has noted that
lustration processes in Ukraine do not constitute a violation of human rights, as a democratic state is entitled to require civil
servants to be loyal to the constitutional principles on which it is founded.
According to him, Ukrainian authorities will take into account technical
comments that have been made as to property lustration examination and the
functioning of an independent anti-corruption body while working out amendments
to the Law on lustration in the Parliament.
The Venice Commission has supported the Ukraine's position that under the
concept of "democracy that can defend itself," the state has the
right to determine requirements for access to public service to those who have
proved ineffective, and remove from access to public office those persons who
may be a threat
to the democratic system.
In conclusion, it was rightly noted that lustration should not apply to
elective office. The
law does not prohibit such persons to be elected, but introduces the obligation
to inform voters whether they fall within the criteria of lustration. A similar practice was used
in Poland. The
Venice Commission notes that this procedure will not contradict the international