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LAW OF UKRAINE

of September 16, 2014 No. 1682-VII

About cleaning of the power

(as amended on 04-03-2020)

This Law determines legal and organizational basis of carrying out cleaning of the power (lustration) for protection and approval of democratic values, supremacy of law and human rights in Ukraine.

Article 1. Basic principles of cleaning of the power

1. Cleaning of the power (lustration) is established by this Law or the judgment will lock to certain physical persons to hold certain positions (to be on service) (further - positions) (except elective offices) in public authorities and local government bodies.

2. Clarification of the power (lustration) is performed for the purpose of non-admission to participation in administration of state affairs of persons who the decisions, actions or failure to act performed the actions (and/or promoting their implementation) directed to usurpation of the power by the President of Ukraine Victor Yanukovych, blasting bases of homeland security and defense of Ukraine or illegal violation of human rights and freedoms and is based on the principles:

supremacy of law and legality;

opennesses, transparency and publicity;

presumptions of innocence;

individual responsibility;

guaranteeing right of defense.

3. Within ten years from the date of entry into force of this Law of position by which cleaning of the power (lustration) is performed persons specified in parts one, the second, fourth and eighth article 3 of this Law, and also person which did not give in time, determined by this Law, the statements provided by part one of article 4 of this Law cannot borrow.

4. Persons specified in parts three, heel - the seventh article 3 of this Law, cannot hold positions on which cleaning of the power (lustration) within five years from the date of entry into force of the relevant decision of court is performed.

5. The prohibition provided by part three or the fourth this Article can be applied to person only once.

6. Application to person of the prohibition provided by part three of this Article is not the basis for refusal of application of the prohibition provided by part four of this Article, in the presence of the bases and according to the procedure, determined by this Law.

7. The prohibition provided by parts three and the fourth this Article is not applied to persons specified in parts two - the fourth article 3 of this Law who are recognized as combatants during conducting anti-terrorist operation in the east of Ukraine, and also when implementing actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions in the procedure established by the legislation.

8. The prohibition provided by part three or the fourth this Article is not applied to faces of the highest officers which held or hold positions in the Ministry of Defence of Ukraine, the Armed Forces of Ukraine, the State Border Service of Ukraine, National guard of Ukraine and other military forming formed according to the laws if it is caused by need of ensuring defense capability of the state and on condition of satisfaction of the corresponding petition according to the procedure, determined by this Law.

The Minister of Defence of Ukraine, the Chairman of the State Border Service of Ukraine, the commander of National guard of Ukraine, heads of other military forming have the right to introduce in coordination with Committee of the Verkhovna Rada of Ukraine on national security issues and defense the motivated petition to the President of Ukraine concerning non-use to persons specified in paragraph one of this part, prohibition to hold positions on which measures for cleaning of the power (lustration) are performed.

The petition provided by the paragraph the second this part can be also introduced concerning faces of the highest officers which were dismissed from posts in the Ministry of Defence of Ukraine, the Armed Forces of Ukraine, the State Border Service of Ukraine, National guard of Ukraine and other military forming formed according to the laws to which the prohibitions determined by parts three or the fourth this Article were applied.

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