On Lustration
Verkhovna Rada of Ukraine; Law on September 16, 20141682-VII

On Lustration (Abstract text on September 16, 2014)


Law of Ukraine

"On Lustration"

Date of entry into force:
October 16, 2014

The Law determines the legal and organizational principles of lustration, in order to protect and uphold democratic values, the supremacy of law, and human rights in Ukraine.

The main principles of lustration are determined by Article 1 of the Law.

According to Article 2 of the Law, lustration measures are carried out in respect of:
  • the Prime Minister of Ukraine, the First Deputy Prime Minister of Ukraine, deputy Prime Ministers of Ukraine, as well as ministers, heads of central executive authorities that are not included in the Cabinet of Ministers of Ukraine, the Head of the National Bank of Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of the State Property Fund of Ukraine, the Head of the State Television and Radio Broadcasting Committee of Ukraine, and their first deputies and deputies;
  • the Prosecutor General of Ukraine, the Head of the Security Service of Ukraine, the Head of the Foreign Intelligence Service of Ukraine, the Head of the State Security Administration of Ukraine, the head of the central executive authority that provides for creation and implements state fiscal and/or customs policy, the head of the tax police, the head of the central executive authority that provides for creation and implements state policy in the sphere of civilian protection, and their first deputies and deputies;
  • military officials of the Armed Forces of Ukraine and other military formations created according to law, except for military servicemen of active military service and enlisted military servicemen during mobilization;
  • members of the Supreme Council of Justice, members of the Supreme Judge Qualification Commission of Ukraine, professional judges, the Head of the State Judicial Administration of Ukraine, and his first deputy and deputy;
  • the Head of the Administration of the President of Ukraine, the Head of the State Administrative Department, the Head of the Secretariat of the Cabinet of Ministers of Ukraine, the Authorized Government Officer in the Issues of Anti-Corruption Policy, and their first deputies and deputies;
  • the senior staff of the bodies of internal affairs, the central executive authority that implements state policy in the sphere of execution of criminal punishment, the State Service of Special Communication and Information Protection of Ukraine, the central executive authority that provides for creation and implements state fiscal and/or customs policy, the tax police, and the central executive authority that provides for creation and implements state policy in the sphere of civilian protection;
  • officials and officers of the bodies of the prosecutor's office of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Security Administration of Ukraine, and the National Bank of Ukraine;
  • members of the Central Election Committee, the National Council of Ukraine in the Issues of Television and Radio Broadcasting, heads and members of national commissions that conduct state regulation of natural monopolies and state regulation in the sphere of communication and informatization, and securities and financial services markets;
  • heads of state owned, including treasury, enterprises in the defense industrial sector, and state owned enterprises included in the sphere of management of the administrative service entity;
  • other officers and officials (with the exception of elected positions) of state authorities and bodies of local self-government;
  • persons that aspire to hold the above positions.

Article 3 of the Law establishes criteria for lustration.

During 10 years after the Law takes effect, positions subjected to lustration cannot be held by persons who have held the following positions for a total length of one year or more, in the period between February 25, 2010 and February 22, 2014:
  • the President of Ukraine, the Prime Minister of Ukraine, the First Deputy Prime Minister of Ukraine, deputy Prime Minister of Ukraine;
  • minister, the head of a central executive authority that is not included in the Cabinet of Ministers of Ukraine, the Head of the National Bank of Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of the State Property Fund of Ukraine, the Head of the State Television and Radio Broadcasting Committee of Ukraine, their first deputy, the head or member of the national commission that conducts, respectively, state regulation of natural monopolies, and state regulation in the sphere of communication and informatization, and securities and financial services markets;
  • the Prosecutor General of Ukraine, the Head of the Security Service of Ukraine, the Head of the Foreign Intelligence Service of Ukraine, the Head of the State Security Administration of Ukraine, the head of the central executive authority that provides for creation and implements fiscal tax and/or customs policy, the head of the tax police, their first deputy or deputy, or deputy of the Minister of Internal Affairs of Ukraine;
  • the Secretary of the Council for National Security and Defense of Ukraine, their first deputy or deputy;
  • the Head of the Administration of the President of Ukraine, the Head of the State Administrative Department, the Head of the Secretariat of the Cabinet of Ministers of Ukraine, the Authorized Government Officer in the Issues of Anti-Corruption Policy, their first deputy or deputy;
  • member of the Supreme Council of Justice (with the exception of the Head of the Supreme Court of Ukraine), a member of the Supreme Judge Qualification Commission of Ukraine, the Head of the State Judicial Administration of Ukraine, and his first deputy or deputy;
  • the head or deputy head of an independent organizational unit of the central body (staff) of the Prosecutor General's Office of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central executive authority that provides for creation and implements state fiscal and/or customs policy, and the tax police;
  • the head or deputy head of a territorial (regional) organizational body of the Prosecutor General's Office of Ukraine, the Security Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central executive authority that provides for creation and implements state fiscal and/or customs policy, and the tax police, in the Autonomous Republic of Crimea, regions, and the cities of Kyiv and Sevastopol;
  • the Head of the Council of Ministers of the Autonomous Republic of Crimea, the head of a regional state administration, the Kyiv or Sevastopol city state administration, their first deputies, deputies, the head of a district state administration, or a district state administration in the city of Kyiv;
  • the Head of the General Staff – the Commander in Chief of the Armed Forces of Ukraine, the Commander of the Land Forces of the Armed Forces of Ukraine, the Commander of the Air Forces of the Armed Forces of Ukraine, the Commander of the Navy of the Armed Forces of Ukraine, or their first deputy.

During 10 years after the Law takes effect, positions subjected to lustration cannot be held by persons who have held the following positions in the period between November 21, 2013 and February 22, 2014, and were not dismissed from such position (positions) by their own initiative during that period:
  • the Secretary of the Council for National Security and Defense of Ukraine, the Prime Minister of Ukraine, the First Deputy Prime Minister of Ukraine, deputy Prime Minister of Ukraine, minister, the head of a central executive authority that is not included in the Cabinet of Ministers of Ukraine, the Head of the National Bank of Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of the State Property Fund of Ukraine, the Head of the State Television and Radio Broadcasting Committee of Ukraine, the Prosecutor General of Ukraine, the Head of the Security Service of Ukraine, the head of the central executive authority that provides for creation and implements state fiscal and/or customs policy, the head of the tax police, the head of the central executive authority that provides for creation and implements state policy in the sphere of civilian protection, the Head of the Administration of the President of Ukraine, the Head of the State Administrative Department, the Head of the Secretariat of the Cabinet of Ministers of Ukraine, the Authorized Government Officer in the Issues of Anti-Corruption Policy, their first deputy or deputy;
  • a member of the Supreme Council of Justice (with the exception of the Head of the Supreme Court of Ukraine), a member of the Supreme Judge Qualification Commission of Ukraine, the Head of the State Judicial Administration of Ukraine, and his first deputy or deputy;
  • the head or deputy head of an independent organizational unit of the central body (staff) of the Prosecutor General's Office of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central executive authority that provides for creation and implements state fiscal and/or customs policy, and the tax police;
  • the head or deputy head of an territorial (regional) organizational body of the Prosecutor General's Office of Ukraine, the Security Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the central executive authority that provides for creation and implements state fiscal and/or customs policy, and the tax police, in the Autonomous Republic of Crimea, regions, and the cities of Kyiv and Sevastopol;
  • the Head of the Council of Ministers of the Autonomous Republic of Crimea, the head of a regional state administration, the Kyiv or Sevastopol city state administration, their first deputies, deputies, the head of a district state administration, or a district state administration in the city of Kyiv;
  • the Head of the General Staff – the Commander in Chief of the Armed Forces of Ukraine, the Commander of the Land Forces of the Armed Forces of Ukraine, the Commander of the Air Forces of the Armed Forces of Ukraine, the Commander of the Navy of the Armed Forces of Ukraine, or their first deputy;
  • the head or member of the national commission that conducts, respectively, state regulation of natural monopolies and state regulation in the sphere of communication and informatization, and securities and financial services markets;
  • the head of a state owned enterprise included in the sphere of management of the administrative service entity, which, according to the legislation, carries out operations required to provide administrative services;
  • an employee of a law enforcement authority that took part in detaining persons relieved from criminal or administrative liability under the Law of Ukraine "On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
  • an employee of a law enforcement authority who prepared and/or acted to facilitate preparation of reports and protocols of administrative violation, notification of suspected criminal offence, or bills of indictment against persons relieved from criminal or administrative liability under the Law of Ukraine "On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
  • an investigating body of prejudicial inquiry, inquiry officer, operative, or inspector who carried out investigation and operative action in respect of persons relieved from criminal or administrative liability under the Law of Ukraine "On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
  • an employee of a prosecution body that carried out procedural supervision, submitted a report or an approval, or supported a petition to apply preventive measures, or supported state prosecution in a trial in respect of persons relieved from criminal or administrative liability under the Law of Ukraine "On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014;
  • a judge that passed a resolution to permit detention for attachment, to apply preventive measures in the form of custodial restraint, or passed a resolution to bring to administrative or criminal liability persons relieved from criminal or administrative liability under the Law of Ukraine "On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies" N 737-VII of January 29, 2014, and the Law Of Ukraine "On Prevention of Persecution and Punishment of Persons in Relation to Events Taking Place During Peaceful Rallies, and Declaration of Certain Laws of Ukraine Null and Void" N 737-VII of February 21, 2014.

The prohibition to hold positions subjected to lustration during 5 years after the appropriate court resolution takes effect applies to judges who passed resolutions to permit detention for attachment, to apply preventive measures in the form of custodial restraint, approved guilty verdicts or left them unchanged, in respect of persons subject to full individual amnesty under the Law of Ukraine "On Amendments to the Law of Ukraine "On the Use of Amnesty in Ukraine" Relating to Full Rehabilitation of Political Prisoners" N 792-VII of February 27, 2014, employees of internal affairs bodies, prosecution bodies, and other law enforcement bodies who, by their decisions, actions or inaction, carried out (and/or facilitated) measures aimed at criminal persecution and criminal prosecution of persons subject to full individual amnesty under the Law of Ukraine "On Amendments to the Law of Ukraine "On the Use of Amnesty in Ukraine" Relating to Full Rehabilitation of Political Prisoners" N 792-VII of February 27, 2014.

The prohibition to hold positions subjected to lustration during 10 years after the Law takes effect applies to persons who:
  • were elected and worked in senior positions of the Communist Party of the Soviet Union, the Communist Party of Ukraine, and the Communist Party of another union republic of the former USSR, starting from the position of the district committee secretary and upwards;
  • were elected and worked in senior positions of the Lenin's Communist Society of Youth of Ukraine, starting from the position of the Central Committee secretary and upwards;
  • were staff members or covert agents in the Committee for State Security of the Soviet Union, the Committee for State Security of the Ukrainian Soviet Republic, the Committee for State Security of other union republics of the former USSR, the Main Intelligence Directorate of the Ministry of Defense of the USSR, or graduated from higher educational institutions of the Committee for State Security of the Soviet Union (with the exception of technical specialties).

The prohibition to hold positions subjected to lustration during 5 years after the appropriate court resolution takes effect applies to officials and officers of state authorities and bodies of local self-government (with the exception of the above persons) who, while holding the respective position between February 25, 2010 and February 22, 2014, by their decisions, actions or inaction, carried out measures aimed at the unlawful seizure of power by the President of Ukraine Victor Yanukovych, sabotage of the foundation of national security, defense, and the territorial integrity of Ukraine, resulting in violation of human rights and freedoms.

The prohibition to hold positions subjected to lustration during 5 years after the appropriate court resolution takes effect applies to officials and officers of state authorities and bodies of local self-government, including judges, employees of internal affairs bodies, the prosecutor office of Ukraine, and other law enforcement bodies who, by their decisions, actions or inaction, which have been established by a court resolution that has taken effect, carried out measures aimed at preventing realization of the constitutional right of citizens of Ukraine for peaceful assembly, meetings, rallies, walks, and demonstration, or aimed at damaging the life, health or property or natural persons between November 21, 2013 and February 22, 2014.

The prohibition to hold positions subjected to lustration during 5 years after the appropriate court resolution takes effect applies to officials and officers of state authorities and bodies of local self-government, including judges, employees of internal affairs bodies, the prosecutor's office of Ukraine, who, according to a court resolution that has taken effect:
  • collaborated with special services of other states as secret informers in operative information acquisition;
  • with their decisions, actions or inaction, carried out (or facilitated) measures aimed at sabotaging the foundations of national security, defense, or the territorial integrity of Ukraine;
  • publicly instigated violation of the territorial integrity and sovereignty of Ukraine;
  • incited ethnic hatred;
  • with their unlawful decisions, actions or inactions, caused violation of human rights and fundamental freedoms recognized by resolution of the European Court of Human Rights.

The prohibition to hold positions subjected to lustration during 10 years after the Law takes effect applies to persons who were inspected and found to have included untrue information about their property (property rights) in declarations of property, incomes, expenses and financial liabilities submitted for the previous year, prepared according to the form established by the Law of Ukraine "On Grounds of Corruption Prevention and Counteraction" and/or where the value of the property (property rights) specified in their declaration and acquired during their time in the above positions does not correspond to incomes received from lawful sources.

According to Article 4 of the Law, persons holding positions subjected to lustration shall submit to the head or the appropriate body a personal written application, stating that the above prohibitions apply to them, or inform that the respective prohibitions do not apply to them, and confirming their consent to undergo inspection and to have information about them made public according to the Law. The application shall be submitted no later than on day 10 after the beginning of inspections in the appropriate body or company, according to the inspection schedule. Failure to submit an application in the specified time constitutes grounds to dismiss the person from their position, no later than on day 3 after expiration of the term for application submission, and to apply to them the prohibition to hold positions subjected to lustration during 10 years after the Law takes effect.

Article 5 of the Law establishes the inspection procedure. The body authorized to ensure inspection under this Law is the Ministry of Justice of Ukraine. Organization of the inspection of persons (with the exception of professional judges and the following persons) is in the competence of the head of the appropriate body whose authority includes dismissing the person subject to inspection from their position. Organization of the inspection of professional judges is in the competence of the head of the court employing such judge. Organization of the inspection of members of the Supreme Council of Justice, the Supreme Qualification Commission of Judges of Ukraine, the Central Election Commission, and the National Council of Ukraine in the Issues of Television and Radio Broadcasting is in the competence of the head of the body employing the appropriate person. Inspection is carried out in the following order:
  • the Minister of Justice of Ukraine, officials and officers of the Ministry of Justice of Ukraine, heads, officials and officers of bodies that inspect the reliability of appropriate information on the application of prohibitions, within their competence;
  • heads of bodies subjected to lustration measures;
  • deputy heads of bodies subjected to lustration measures, heads of their organizational units, heads of their territorial (regional) bodies, and heads of state owned, including treasury, companies of the defense industrial complex, and of state owned companies included in the management sphere of the administrative services entity;
  • other persons holding positions subjected to lustration measures.

A person aspiring to hold a position subjected to lustration measures (with the exception of persons enlisted to military service under officer corps enlistment, and persons enlisted to military service during mobilization, for the special period, or involved to perform duties in positions provided by the higher establishments, on the anti-terrorist operation territory), shall submit a personal written application stating that the respective prohibitions do not apply to them, and confirming their consent to undergo inspection and to have information about them made public according to the Law. The above information contained in the application is checked during special inspection carried out according to Article 11 of the Law of Ukraine "On Grounds of Corruption Prevention and Counteraction", according to the procedure and terms determined by the Law. If the inspection establishes that the person is included in the list of persons to whom the prohibitions apply, that shall constitute grounds to refuse appointment of such person to the position they are aspiring to (Article 6 of the Law).

According to Article 7 of the Law, information about person to whom prohibitions under this Law apply is entered into the Unified State Register of Persons Subject to Provisions of the Law of Ukraine "On Lustration" (hereinafter referred to as "Register"), created and maintained by the Ministry of Justice of Ukraine.

Information from the Register, on whether information about a person has been entered into the Register, or is absent in the Register, is provided:
  • by request of state authorities, authorities of the Autonomous Republic of Crimea, or bodies of local self-government in order to hold an inspection under the Law, or a special inspection provided for by the Law of Ukraine "On the Grounds of Corruption Prevention and Counteraction", to check information about persons aspiring to positions associated with executing functions of the state or local self-government;
  • by request of law enforcement bodies, if such information must be provided under criminal or administrative proceedings, or by request of a prosecutor, for supervision of adherence to the requirements of laws and of application of laws;
  • during cross-checking of the list of people dismissed from their positions due to lustration against the information contained in the Register;
  • by address of a natural person (person authorized by them) requesting information about themselves.
No later than on the third day after receiving information subject to entry into the Register, the Ministry of Justice of Ukraine shall ensure publication of such information on its official website and enter it into the Register. The following information about a person to whom the provisions of this Law apply shall be made available for free and round-the-clock access:
  • full name;
  • place of employment and position at the time of the application of the provisions of the Law;
  • information about the inspection status of the person, and information on the inspection conclusions that indicate grounds to apply prohibitions determined by Article 1 of the Law to such person;
  • time during which appropriate prohibition applies to such person.
The above information is not included in personal confidential information and cannot be restricted.

The Law also introduces appropriate amendments to the Code of Labor Laws of Ukraine, the Criminal Code of Ukraine, and the Laws of Ukraine "On the Judicial System and Status of Judges" and "On Grounds of Corruption Prevention and Counteraction".