All registered candidates for the presidency of Ukraine have already submitted their official programs and continue to make publicly new promises not recorded on paper. Since some of them have already occupied high positions, and Slovo i Delo has been monitoring the fulfillment of everything promised by politicians and officials for many years, several weeks before the elections we decided to recall the failed obligations of the participants in the presidential race.
Today, let us recall how the President of Ukraine, Petro Poroshenko, promised to conduct a lustration of judges, law enforcement, tax and customs officials. This commitment was recorded in his election program when he ran for the presidency in 2014.
From the beginning, everything went well: in October 2014, Poroshenko signed the law “On the cleansing of power”, which defined the legal and organizational basis for conducting an audit of public servants and officials of local governments. However, the law criticized the Venice Commission, whose remarks related to the collective nature of responsibility in the process of lustration and the decentralized nature of the procedure. In addition, two views on the constitutionality of the law on lustration for consideration by the Constitutional Court were submitted by the Supreme Court and another by 47 deputies.
As of November last year, the Constitutional Court was still considering cases on the constitutionality of the provisions of the law. During this time, some officials have already managed to recover in their posts. For example, the court returned to the post of head of the personnel department of the prosecutor’s office of the Kharkiv region Vladimir Sukhodubov and former head of the Kyiv State Fiscal Service Lyudmila Demchenko.
In 2017, Aleksandr Drik, head of the council of the Public Lustration Committee, reported that a third of the KSU judges remained in their posts, who in 2010 made an unconstitutional decision to return to the 1996 Constitution, which helped Viktor Yanukovych usurp power. In addition, the head of the National Police, Sergei Knyazev, said that half of the dismissed police officers, who had not been recertified, had resumed their posts through the courts.
In addition, the dismissal of the judge of Vasilkovsky district court Viktor Stepanenko, who denied the rights of Avtomaidan representatives, was canceled. And in the Kiev police department reported that 185 employees of the disbanded «Berkut» work in the special purpose police shelves of Kiev.
Thus, in the five years of Poroshenko’s presidency, full-fledged lustration has not been carried out, and the question of the constitutionality of the relevant law is still being resolved by the CCU, which allows lustration officials to recover their posts.