Current Problems of the Realisation of the Right to Effective Remedies in the Ukrainian Context of Lustration

Abstract

The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine “On Government Cleansing” in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries’ experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of the key aspects of government cleansing in a democratic country founded on the rule of law. The article raises the issue of the applicability of the constitutional principles of presumption of innocence and individual responsibility to the Ukrainian context of lustration. This issue remains open for domestic legal theory and practice because it is complex and requires the official legal position of the Constitutional Court of Ukraine.