Lustration or earning opportunity

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Lustration or earning opportunity 

At the year of 14, a new law on "On the purification (lustration) of power" sounded loud. But all those who worked for conscience fell under him. The genocide of the Supreme and Constitutional Courts of Ukraine has begun.


The ECtHR decision unanimously found a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights due to the length of the first three applicants and the violation of Article 8 of the Convention (right to respect for privacy and family life) in respect of all five applicants.


The ECtHR also unanimously rejected the Ukrainian Government's objection to non-exhaustion of domestic remedies, as in its view the cases of officials were still pending before the courts.


Therefore, it appears that the applicants themselves are guilty of failing to take the appropriate measures to restore the proceedings before the national courts and to adjudicate in these cases in the absence of a decision of the Constitutional Court on the constitutionality of the Lustration Law.


Everyone came true, but more interesting. Now it is necessary to find out questions about the persons, at the expense of which the state must compensate not only material but also moral damage to each of the "mirror" citizens of Ukraine. For each of them are families who have actually been in the state of harm for several years as a result of this "law", as rightly stated in the ECtHR ruling of 17.10.2019. There is a legitimate question for society at whose expense is this "banquet"?


The ECtHR has completely broken in its decision the position of the judicial system of Ukraine, and especially of the Supreme and Constitutional Court on this issue.
In addition, the ECtHR noted that, following its decision, national courts would be able to decide on the issue of compensation to applicants. That is, there can no longer be any doubt about the legal decisions taken by the courts of Ukraine to restore the rights of illegally repressed officials.


But the question arises as to the responsibility (criminal and material) of those state persons who initiated this "law" and adopted it in the Verkhovna Rada of Ukraine (deputies, Chairman of the Verkhovna Rada and the President). In addition to these persons, judges should be brought to criminal responsibility who deliberately did not intentionally make a decision under the legislation of Ukraine on this category of cases, or persons who adversely affected the lawsuits.


The reason for bringing these individuals to criminal and pecuniary responsibility will no doubt be the very large (in particularly large amounts) property damage caused to the state, as well as their actions, which have negatively affected the international image of Ukraine in European society regarding the violation of laws.

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