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#Ukraine: 'Freedom, dignity and European integration'

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Ukrain-1Announcing Ukraine’s reform of the justice sector at a Press Conference at the European Parliament this week, Justice Minister Pavlo Petrenko promised that this would be based on the principles of freedom, dignity and European integration. The new court system would be independent, and would promote the rule of law and the protection of human rights. When the reforms were completed, Ukraine would have a legal system that respected european standards. He also promised that the reform of the so-called Lustration Law or Law on the Purge of Government would be completed in the nearest future, following adoption of proposals to be submitted to the Verkhovna Rada, writes Mikhail Papiev.

Can we really believe these promises? For the third year, the construction of a new, democratic country has been taking place in Ukraine. The authorities are constantly talking about European integration, the rule of law, European values and human rights. But, unfortunately, some legislative initiatives of the authorities are contrary to these words. They “talk a good talk” but never actually “walk the walk”. Many adopted laws ignore international democratic norms. The Law on the Purge of Government, better known as the Lustration Law, is among them. According to this law, Ukrainian public servants can be dismissed only for the fact that they have worked under the former president. Dismissed without charge or trial, without the necessity of proving illegal acts or violations of the law.

This law, which can be called nothing but a legal misconception, was enacted in Ukraine almost two years ago. And this is despite the fact that it has been criticised by human rights activists, lawyers and experts as one that doesn’t meet European norms and violates human rights, as well as the Constitution of Ukraine.

How likely is it that someone would agree to work for the state, knowing that he could be dismissed only for performing his duties honestly under the serving president of his country? I am sure that nobody would.  But the reality is that hundreds of thousands of Ukrainian public servants have found themselves under threat of dismissal, and many have already been fired under the auspices of the law on lustration. The only fault of the civil servants was that they were working at the wrong time, under the wrong president.

The main critic of the law on lustration is the Venice Commission, which brings together Europe’s leading constitutional lawyers. It has repeatedly demanded the Ukrainian authorities to amend the law. The Commission considers the use of lustration to elected positions and its use to crack down on political opponents unacceptable. Also, the recommendations of the Venice Commission state that lustration shouldn’t replace structural reforms aimed at fighting corruption and strengthening the rule of law. However, despite repeated promises from the Minister of Justice of Ukraine, this law has not been amended.

Lustration in Ukraine has not purged government corruption, or achieved any breakthrough in the country's reforms. The only tangible achievement of the lustration process is the dismissal of professionals who have worked with the previous government and the appointment of “one’s own people”, mainly without proper qualifications, to the positions made vacant.

Dismissal of professional public servants has made the skeleton of the state apparatus brittle and weak. This has led to a collapse in the economy, price increases, a wage freeze and rampant criminality.

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The Constitutional Court of Ukraine is now examining whether the lustration law complies with the Constitution. But, taking into account the frantic pressure being brought to bear by the government, for which lustration is highly advantageous, there are concerns whether the Court will be able to take an independent decision on this issue.

In the current situation, the only hope for Ukraine is for European democratic legal institutions that must implement the Venice Commission’s requirements for the Law on the Purge of Government. Only the powerful authority of these organisations and constant pressure on the current leadership of the country can bring Ukraine back to the legal framework and application of the rule of law specifically in relation to lustration.

Only then, can our public servants and their future colleagues work properly for the state without fear of being thrown out on the street when there is a change of government.  It is time for the country’s leadership to realise that our public servants serve the interests of the state and the people; they are not the puppets of the elected government of the day which will always be subject to change, and they therefore must respect the code and principles of their duty to the state first and foremost.

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The author, Mikhail Papiev, is a member of the Verkhovna Rada and a member of the Opposition Bloc.

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