On 16 October 2014 the Law of Ukraine on Lustration No. 1682-VІІ entered into force. The Law defines the legal framework for checking public officials, aimed at restoring the trust in the government, and the creation of the conditions for building a new system of state power in line with the European standards.
Lustration Law provides for:
- The list of the positions to which the lustration applies;
- Criteria for lustration (thus, the persons who had been holding the managerial positions for, at least, one cumulative year from 25 February 2010 until 22 February 2014 will be dismissed from their offices within ten days upon the effective date of the Law);
- Filing the reports by the officials currently holding their positions with respect to their incomes and assets, as well as of people residing with them;
- Prohibition to hold public offices for those working from 25 February 2010 – 22 February 2014, who, by their decisions, act or omission, promoted the usurping from power of President Viktor Yanukovych, sapped the foundations of national security, defense and territorial integrity of Ukraine resulting in violation of human rights and freedoms;
- Prohibition to hold public offices for persons who had been holding managerial positions at the Communist Party of the Soviet Union, the Communist Party of Ukraine, as well as the Communist Parties of the Republics of the Soviet Union, etc.
On 14 October 2014 the Parliament of Ukraine passed Anti- Corruption Law No. 5113. The Law defines the legal framework for anti-corruption system in Ukraine, as well as preventive anti- corruption toolkit and its use, and the rules on how to eliminate the consequences of the corruption and other related offences.
Anti-Corruption Law provides for:
Creation of the National Anti-Corruption Commission (the Commission is accountable to the Cabinet of Ministers and reports to the Verkhovna Rada; its members are appointed by the Cabinet of Ministers for a term of four years; a person may not hold such position for more than two consecutive terms);
- Rules for formation and implementation of the anti-corruption policy;
- Anti-corruption restrictions (with respect to abuse of powers, acceptance of gifts, plurality of jobs, etc.);
- Prevention and settlement of conflict of interest (ways to settle, transfer of person in case of conflict of interest, etc.);
- Special anti-corruption toolkit (anti-corruption expertise, special anti-corruption check, Unified Register of Persons Guilty of Corruption and Other Related Offences, etc.);
- Rules of ethical behavior (requirements to the behavior, priority of interests, political neutrality, impartiality, non-disclosure, etc.);
- Protection of whistleblowers (protection of persons who notify of cases of corruption from illegal dismissal, transfer to another job, material change of labor agreements, etc.);
- Different types of liability for corruption and other related offences (criminal, administrative, civil, and disciplinary liability);
- Elimination of consequences of corruption offences (abolition of normative acts, recovery of losses in court);
- International collaboration.
The Law is being prepared to be sent to the President of Ukraine for signing.