Since february 2014 the changes that have occured in the political landscape of the Republic of Ukraine led also to significant changes in the institutional system. First of all were reintroduced the constitutional amendments adopted during the orange revolution of 2004 but later eliminated in 2010 by a decision of the Ukrainian constitutional court. The reintroduction of the constitutional amendments reduced the powers of the President and led to a form of government which resembles more the semi presidential system. After Euromaidan in addition to the constitutional changes were also adopted several ordinary law, included the Lustration law which on september 2014 was approved only with a of 233 votes of the 226 required. The aim of the law was “to prevent the participation in managing the affairs of state of persons who by their decisions, actions or inactions have taken decisions (and/or encouraged them) aimed at the usurpation of power by the President of Ukraine Viktor Yanukovych; at undermining the foundations of security and defence of Ukraine; or at unlawful violations of human rights and freedoms”. This act also concerns officials who worked in senior positions of the Communist Party of the Soviet Union and of Ukraine, The Lustration law was strongly criticized and the Venice Commission underlined that "Lustration must never replace structural reforms aimed at strengthening the rule of law and combatting corruption, but may complement them as an extraordinary measure of a democracy defending itself, to the extent that it respects European human rights and European rule of law standards".

The New Political Landscape and the Adoption of the "Lustration" Law in Ukraine / C. Filippini. ((Intervento presentato al convegno The Ukrainian Question: Juridical, Historical, Political and Economic Aspects tenutosi a Milano nel 2014.

The New Political Landscape and the Adoption of the "Lustration" Law in Ukraine

C. Filippini
2014

Abstract

Since february 2014 the changes that have occured in the political landscape of the Republic of Ukraine led also to significant changes in the institutional system. First of all were reintroduced the constitutional amendments adopted during the orange revolution of 2004 but later eliminated in 2010 by a decision of the Ukrainian constitutional court. The reintroduction of the constitutional amendments reduced the powers of the President and led to a form of government which resembles more the semi presidential system. After Euromaidan in addition to the constitutional changes were also adopted several ordinary law, included the Lustration law which on september 2014 was approved only with a of 233 votes of the 226 required. The aim of the law was “to prevent the participation in managing the affairs of state of persons who by their decisions, actions or inactions have taken decisions (and/or encouraged them) aimed at the usurpation of power by the President of Ukraine Viktor Yanukovych; at undermining the foundations of security and defence of Ukraine; or at unlawful violations of human rights and freedoms”. This act also concerns officials who worked in senior positions of the Communist Party of the Soviet Union and of Ukraine, The Lustration law was strongly criticized and the Venice Commission underlined that "Lustration must never replace structural reforms aimed at strengthening the rule of law and combatting corruption, but may complement them as an extraordinary measure of a democracy defending itself, to the extent that it respects European human rights and European rule of law standards".
27-nov-2014
Ukraine, Russia, Lustration law
Settore IUS/21 - Diritto Pubblico Comparato
Università degli Studi di Milano
Dipartimento di studi internazionali, giuridici e storico politici
AISU - Associazione Italiana di Studi Ucraini
: AISSECO – Associazione Italiana Studi di Storia dell’Europa Centrale e Orientale
The New Political Landscape and the Adoption of the "Lustration" Law in Ukraine / C. Filippini. ((Intervento presentato al convegno The Ukrainian Question: Juridical, Historical, Political and Economic Aspects tenutosi a Milano nel 2014.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/426961
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