Open AccessLustration of Judges in Ukraine: National Insights and European Implications
Author(s) -
Ovcharenko Olena,
Podorozhna Tetiana
Publication year - 2020
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-3.4-a000037
Subject(s) - ukrainian , political science , constitution , law , government (linguistics) , rule of law , economic justice , human rights , politics , philosophy , linguistics
This article primarily focuses on the Ukrainian judge lustration, analysed from diverseaspects. Ukraine’s legal lustration framework engenders two legal acts— the Law OnRestoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, providedinstruments and efficiency issues are discussed. This research particularly scrutinises thefundamental European lustration standards, referencing a few European countries’experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into nationallustration procedures is given, considering the European Court of Human Rights’ relevantrulings and the Ukrainian Constitution’s provisions. Remarks on whether all lustrationlaws comply with the Ukrainian Constitution are offered. Addressing the High Councilof Justice’s precedents, a judicial body entitled to verify the judges’ lustration results, anin-depth empirical analysis of those procedural results are provided. Overall, Ukrainianlustration embodies a unique phenomenon due to strong social demand formalized inspecially designed regulation.