Key Benefits:
(Information of the Verkhovna Rada (VR), 2014, No. 44, pp. 2041)
{With changes under the Laws
No. 1700-VII of 14.10.2014 , BBR, 2014, No. 49, pp. 2056
No. 132-VIII of 27.01.2015 , BBR, 2015, No. 10, pp. 66}
This Act defines the legal and organisational principles for the conduct of purification of power (lustration) to protect and assert democratic values, the rule of law and human rights in Ukraine.
Article 1. Basic cleaning of power
1. The purification of power (lustration) is established by this Act, or by the decision of the court, the prohibition of individual physical persons to hold certain positions (while on duty) (except for elected officials) in the organs of the public authority and local government.
2. The purification of power (lustration) is done in order to prevent the participation of the government's public affairs, which by their decisions, actions or inactivity to take action (and/or contributed to their efforts) aimed at usurpation by the President. Victor Viktor Yanukovych, subject to the fundamentals of national security and defence of Ukraine or against the violation of human rights and freedoms, and is based on the principles of:
Openness, transparency and publicity;
Guaranteeing the right to protect.
3. For ten years on the day of entry into force, under this Act, under which the purification of power (lustration) cannot be made, cannot be identified in parts of the law. First , Second , Fourth and Eighth article 3 of this Act, as well as individuals who have not filed in accordance with this Act, the statements stipulated part of first Article 4 of this Act.
4. Persons specified in parts third , fifth -Seventh Article 3 of this Act cannot hold positions on which the purification of power is exercised (lustration), within five years of the day of the Court of Justice.
5. A required part of the third or fourth of this article may apply to a person only once.
6. The application to the person of the ban provided by part of this article is not a basis for the application of the prohibition provided by the fourth of this article, for the presence of the basis and in the order defined by the Act.
7. The test predicted by the third and fourth of this article does not apply to persons specified in parts of the second-quarter article 3 of this Act that are recognized by the participants of the fighting during an anti-terrorist operation in the east Ukraine in the established law.
8. It is intended to be part of the third or fourth of this article, does not apply to persons of higher officers who have held or held positions at the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the State Border Service of Ukraine, National Guard of Ukraine and other entities in accordance with the laws of military formations, if this is due to the need to ensure the defense capacity of the state and the satisfaction of the appropriate petition in the order defined by the Act.
Minister of Defense of Ukraine, Head of State Border Service of Ukraine, commander of the National Guard of Ukraine, heads of other military formations are entitled to carry on the agreement with the Committee of the Verkhovna Rada of Ukraine on national security issues The defence is motivated by a petition to the President of Ukraine concerning the indisrespect of the persons involved in the paragraph of the first part, the prohibition of holding positions concerning which measures to purify power (lustration) are carried out.
The petition provided by the paragraph to the other part may also be made concerning the persons of the top officer who were dismissed from duty in the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the State Border Service of Ukraine, The National Guard of Ukraine and other entities formed in accordance with the laws of military formations on which the bans were applied to parts of the third or fourth of this article.
According to the results of the corresponding petition, the President of Ukraine accepts the decision. In the case of satisfying a suitable petition, the person is considered to be the one that does not apply to the prohibitions defined by the third or fourth of this article.
{Article 1 is supplemented by a new part of the eighth under the Law No. 132-VIII of 27.01.2015 }
9. The decisions, actions or inactivity of the subjects of the authority under the execution of this Act are challenged in the judicial order.
Article 2. Positions on the cleansing of power (lustration)
1. The purification of power (lustration) shall be carried out on:
1) Prime Minister of Ukraine, First Deputy Prime Minister of Ukraine, Deputy Prime Minister of Ukraine, as well as minister, heads of central executive bodies who do not enter the Cabinet of Ministers of Ukraine, the Chairman of the National Bank of Ukraine, Chairman of the Anti-Monopoly Committee of Ukraine, Chairman of the State Property Fund of Ukraine, Chairman of the State Committee of Television and Radio Ukraine, their first deputies, deputies;
2) Attorney General of Ukraine, Head of the Security Service of Ukraine, Chairman of the Foreign Intelligence Service of Ukraine, Chief of the State Guard of Ukraine, Head of the Central Executive Authority providing formation and implementation of the tax and/or customs policy, the head of the tax militia, the head of the central body of the executive branch, which provides the formation and implementation of state policy in the field of civil protection, their first deputies, the deputies;
(3) Military officials of the Armed Forces of Ukraine and other entities in accordance with the laws of military formations except for military personnel of the military service and military personnel of the service for the prize during mobilisation;
4) members of the High Council of Justice, members of the High Qualification Commission of Judges of Ukraine, professional judges, Chairman of the State Judicial Administration of Ukraine, his first deputy, deputy;
5) Head of the Administration of the President of Ukraine, Head of the State Administration of Affairs, Head of the Secretariat of the Cabinet of Ministers of Ukraine, Private Commissioner for Anti-Corruption Policy, their first deputies, deputies;
(6) Chief of Internal Affairs Bodies, Central Executive Authority, which implements state policy in the field of execution of criminal penalties, State Service of Special Communications and Information Protection of Ukraine, Central Authority. the executive branch, which provides the formation and implementation of the state tax and/or customs policy, the tax police, the central body of the executive branch, which provides the formation and implementation of public policy in the field of civil protection;
7) officials and officials of the Prosecutor's Office of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, the Office of the State Guard of Ukraine, the National Bank of Ukraine;
8) members of the Central Election Commission, the National Council for Television and Radio Broadcasting, heads and members of national commissions exercising state regulation of natural monopolies, state regulation in the areas of communication and information science, Securities markets and financial services;
9) of the heads of state, including the executions, the enterprises of the defence and industrial complex, as well as the public enterprises belonging to the scope of the entity administration of the provision of administrative services;
(10) other officials and officials (other than elected officials) of the public authorities, local authorities;
(11) Persons who claim to hold positions specified in paragraphs 1 to 10 of this part.
Article 3. Criteria for the purification of power (lustration)
1. In-service foreseen part of third Article 1 of this Act applies to persons held collectively at least one year of office (positions) between 25 February 2010 and 22 February 2014:
1) President of Ukraine, Prime Minister of Ukraine, First Deputy Prime Minister of Ukraine, Deputy Prime Minister of Ukraine;
2) Minister, head of the central body of the executive branch, which is not included in the Cabinet of Ministers of Ukraine, the Chairman of the National Bank of Ukraine, the Chairman of the Anti-Monopoly Committee of Ukraine, Chairman of the State Property Fund of Ukraine, Chairman of the State Committee of Television and Radio Broadcasting of Ukraine, their first deputy, chairman or member of the national commission, exercising the state regulation of natural monopolies, state regulation in areas of communication and computer science, securities markets and Financial services;
3) Attorney General of Ukraine, Head of the Security Service of Ukraine, Chairman of the Foreign Intelligence Service of Ukraine, Chief of the State Guard of Ukraine, Head of the Central Executive Authority providing formation and implementation of Tax and/or customs policy, tax police, their first deputy or deputy, Deputy Minister of Internal Affairs of Ukraine;
4) Secretary of the National Security and Defense Council of Ukraine, its first deputy, deputy;
5) Head of the Administration of the President of Ukraine, Head of the State Administration of Affairs, Head of the Secretariat of the Cabinet of Ministers of Ukraine, Private Commissioner for Anti-Corruption Policy, their first deputy, deputy;
(6) A member of the Supreme Council of Justice (except the Chairman of the Supreme Court of Ukraine), a member of the Higher Qualification Commission of the Judges of Ukraine, Chairman of the State Judicial Administration of Ukraine, his first deputy, deputy;
(7) Head, Deputy Head of the independent structural unit of the Central Authority (apparatus) of the Prosecutor General of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, Ministry of Internal Affairs of Ukraine, Central Authority the executive branch, which provides the formation and implementation of the state tax and/or customs policy, tax police;
8) the head, deputy head of the territorial (regional) body of the Prosecutor ' s Office of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs of Ukraine, the central authority of the executive branch providing the formation and implementation of the state tax /or customs policy, tax police in the Autonomous Republic of Crimea, areas, towns of Kyiv and Sevastopol;
(9) Heads of the Council of Ministers of the Autonomous Republic of Crimea, the heads of the regional, Kiev or Sevastopol city state administration, their first deputies, deputies, heads of district state administration, district in city of Kiev. Administration;
10) Chief of the General Staff-Commander-in-Chief of the Armed Forces of Ukraine, Commander of the Air Force of the Armed Forces of Ukraine, Commander of the Naval Forces of the Armed Forces of Ukraine, their first -Deputy.
2. Zaborone predicted part of third Article 1 of this Act applies to persons who held office (positions) between 21 November 2013 and 22 February 2014 and were not released during this period from the appropriate position (office):
(1) Secretary of the National Security and Defense Council of Ukraine, the Prime Minister of Ukraine, First Deputy Prime Minister of Ukraine, Deputy Prime Minister of Ukraine, Minister, Head of the Central Executive Body, which is not included in the Cabinet Ministers of Ukraine, Chairman of the National Bank of Ukraine, Chairman of the Anti-Monopoly Committee of Ukraine, Chairman of the State Property Fund of Ukraine, Chairman of the State Committee of Television and Radio Ukraine, Attorney General of Ukraine, Head of the Security Service Ukraine, Head of the Foreign Intelligence Service of Ukraine, Head of the Office the State Guard of Ukraine, the head of the central authority of the executive branch providing the formation and implementation of the state tax and/or customs policy, the tax police, the central executive branch that provides the formation and implementation of State policy in the field of civil protection, Head of the Presidential Administration, Head of State Administration, Head of the Secretariat of the Cabinet of Ministers of Ukraine, Private Commissioner for Anti-Corruption Policy, their first Deputy, Deputy,
2) Member of the Supreme Justice Council (except the Chairman of the Supreme Court of Ukraine), a member of the High Qualification Commission of the Judges of Ukraine, Chairman of the State Judicial Administration of Ukraine, his first deputy, deputy;
(3) Head, Deputy Head of the independent structural unit of the Central Authority (apparatus) of the Prosecutor General of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, Ministry of Internal Affairs of Ukraine, Central Authority the executive branch, which provides the formation and implementation of the state tax and/or customs policy, tax police;
4) of the head, deputy head of the territorial (regional) body of the Prosecutor ' s Office of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs of Ukraine, the central authority of the executive branch providing the formation and implementation of the state tax /or customs policy, tax police in the Autonomous Republic of Crimea, areas, towns of Kyiv and Sevastopol, districts in the city of Kiev;
5) Heads of the Council of Ministers of the Autonomous Republic of Crimea, Chairman of the Regional, Kyiv or Sevastopol City State Administration, their first deputies, deputies, heads of district state administration, district in city of Kyiv State Administration;
6) Chief of the General Staff-Commander-in-Chief of the Armed Forces of Ukraine, Commander of the Air Force of the Armed Forces of Ukraine, Commander of the Naval Forces of the Armed Forces of Ukraine, their first Deputy, Deputy,
(7) Chairman or member of a national commission exercising the state regulation of natural monopolies, public regulation in areas of communication and information science, securities markets and financial services;
8) the head of the state enterprise belonging to the scope of the entity administration of the provision of administrative services, which, in accordance with the legislation, is required to provide administrative services;
9) a law enforcement worker who has been involved in the detention of persons exempt from criminal or administrative responsibility in accordance with the Law of Ukraine " On the elimination of negative consequences and malnutrition and punishment of persons with on events that took place during peace meetings " dated 29 January 2014 No. 737-VII , the Law of Ukraine "On the imposition of persecution and punishment of persons regarding events which took place during peace meetings and the recognition of such that have lost validity, some laws of Ukraine" dated 21 February 2014 No. 743-VII ;
10) a law enforcement worker who composed and/or his action contributed to the assembly of the raports, the protocols of administrative offences, reports of suspicion of committing criminal offences, the charges against persons freed Criminal or administrative responsibility under the Law of Ukraine "On the elimination of negative consequences and the imposition of persecution and punishment of persons regarding events that were held during peace meetings" of 29 January 2014 No. 737-VII , the Law of Ukraine "On the imposition of persecution and punishment of persons regarding events which took place during peace meetings and the recognition of such that have lost validity, some laws of Ukraine" dated 21 February 2014 No. 743-VII ;
(11) Investigative authority of the pre-trial investigation, the inquiry, operational worker, inspector who conducted investigators and operational activities regarding persons exempt from criminal or administrative responsibility in accordance with the Law of Ukraine " On Eliminating the negative effects and the lack of persecution and punishment of persons regarding the events that took place during the peace meetings of 29 January 2014 No. 737-VII , the Law of Ukraine "On the imposition of persecution and punishment of persons regarding events which took place during peace meetings and the recognition of such that have lost validity, some laws of Ukraine" dated 21 February 2014 No. 743-VII ;
(12) The employee of the Procurator's body, which exercised the procedural leadership, introduced the filing, the pursuit, supported the petition to apply precautions, supported the state prosecution in the trial of persons exempt from criminal or criminal charges. Administrative liability in accordance with the Law of Ukraine "On the elimination of the negative consequences and the imposition of persecution and punishment of persons on the occasion of the holding of peace meetings" of 29 January 2014 No. 737-VII , the Law of Ukraine "On the imposition of persecution and punishment of persons regarding events which took place during peace meetings and the recognition of such that have lost validity, some laws of Ukraine" dated 21 February 2014 No. 743-VII ;
(13) A judge who has ruled permission to delay for the purpose of applying a preventive measure in the form of detention, making a decision to attach to administrative or criminal liability of persons freed from prison. Criminal or administrative responsibility under the Law of Ukraine "On the elimination of the negative consequences and the imposition of persecution and punishment of persons regarding the events that were held during the conduct of peace meetings" of 29 January 2014 No. 737-VII , the Law of Ukraine "On the imposition of persecution and punishment of persons regarding events which took place during peace meetings and the recognition of such that have lost validity, some laws of Ukraine" dated 21 February 2014 No. 743-VII .
3. Forbidden, foreseen part of fourth Article 1 of this Act applies to judges who have decreed permission to delay the purpose of the prevention measures in the form of custody, held in custody, leaving them without change of persons, to "On Amendments to the Law of Ukraine" On the application of amnesty in Ukraine "on the full rehabilitation of political prisoners" dated 27 February 2014 No. 792-VII , employees of the bodies of the interior, prosecutors and other law enforcement agencies, who are their decisions, actions or inactivity carried out measures (and/or contributed to their conduct) aimed at criminal prosecution and the influx to criminal proceedings. "On Amendments to the Law of Ukraine" On the application of amnesty in Ukraine "on the full rehabilitation of political prisoners" dated 27 February 2014 No. 792-VII.
4. Forbidden, foreseen part of third Article 1 of this Act applies to individuals who:
1) were chosen and worked on the leadership positions of the Communist Party of the Soviet Union, the Communist Party of Ukraine, the Communist Party of the other allied republic of the former USSR starting with the position of secretary of the district committee and above;
2) were chosen and worked in senior positions starting from the post of Secretary of the Central Committee of the LCDU and above;
3) were staff workers or non-head agents in the KGB, KGB of the USSR, KGB of other allied republics of the former USSR, the Main Intelligence Directorate of the USSR Ministry of Defence, graduated higher training establishments of the KGB (except technical). specialities).
5. Forbidden, foreseen part of fourth Article 1 of this Act applies to officials and officials of the authorities and local government bodies (except persons listed in parts the first-fourth of this article), which, holding the appropriate office from 25 February 2010 On 22 February 2014, by its decision, action or inactivity established by the decision of the court concerning them which had set up a legitimate force, carried out measures aimed at usurpation by the President of Ukraine Viktor Yanukovych, subject to the foundations of the national protection, defence or territorial integrity of Ukraine, causing violations of rights and Human rights.
6. Zaborone predicted part of fourth Article 1 of this Act applies to officials and officials of state authorities and local governments, including judges, employees of the internal affairs agencies, prosecutors of Ukraine, and other law enforcement agencies; With their decisions, actions or inactivity, which is set by the decision of the court concerning them which had received the lawful force, carried out measures aimed at preventing the implementation of the constitutional right of citizens of Ukraine to gather peacefully and to hold meetings, rallies, Camping and showing or directed to the task of harm to life, health, master of physical in the period from 21 November 2013 to 22 February 2014.
7. Forgotten, foreseen part of fourth Article 1 of this Act applies to officials and officials of local authorities and local governments, including judges, staff of internal affairs, prosecutors, and other law enforcement agencies concerning whom Determined by the decision of the court which had the legal strength of the following:
1) collaborated with the special services of other states as secret informants in the operational receipt of information;
2) by their decisions, actions or inactivity carried out measures (and/or facilitated by their satisfiability) aimed at the foundation of national security, defence or territorial integrity of Ukraine;
3) called for public to violate the territorial integrity and sovereignty of Ukraine;
4) unbroken the international feud;
5) by their wrongful decisions, action or inactivity led to a violation of human rights and fundamental freedoms recognized by the decision of the European Court of Human Rights.
8. Forbidden, foreseen part of third Article 1 of this Act applies to persons checking regarding the lack of property information regarding the presence of property (property rights) specified in the preceding year declarations of property, income, expenses and obligations the financial character complex behind the form set Law of Ukraine "On the principles of preventing and countering corruption", and/or disparity of the value of property (master rights) specified in their declarations acquired by (acquired) during the tenure of paragraphs 1-10 Part of the first Article 2 of this Act, the Revenue obtained from legitimate sources.
9. The courts of general jurisdiction in decision-making and the persons prescribed by the Fifth-seventh of this article apply the provisions of this Act and set a ban on the basis of the law. part of fourth Article 1 of this Act, as well as the corresponding decision of the State Judicial Administration of Ukraine for its submission to the Ministry of Justice of Ukraine and information on the United State Register of Persons with regard to the provision of the Law "Ukraine's Cleaner Power".
10. In order of the performance and respect to persons prescribed by the fifth-seventh of this article, the courts shall appoint a ban provided for part of fourth article 1 of this Act, as fundamental or additional punishment according to the provisions of Criminal Code of Ukraine In the event of a ban intended as part of the fourth article 1 of this Act, as the additional punishment of the lines of such a ban is five years.
Article 4. Statements of officials or officials
1. Persons who are on positions defined in the paragraphs 1 to 10 part of the first Article 2 of this Act, submit a cleric or organ specified in the Part 4 Article 5 of this Act, a statement written by a statement which reports that the ban is applied to them part of Third or Fourth Article 1 of this Act, or reports that they do not apply the appropriate injunctions, and consent to the passing of the inspection, the consent of the information on them according to this Act (hereafter is the statement).
2. The war is served not later than on the tenth day of the start of the audit of the relevant body, in the enterprise according to the plan for conducting checks issued by paragraph 3 Part of Article 5 of this Act.
3. The issue of statements in the lines stipulated by the second of this article is the basis for the dismissal of a person from a held office not later as a third day after a break in the submission of a statement and the application to the ban provided by part of third Article 1 of this Act.
Submission of a statement in which the person reports that a ban applies to it third or Fourth Article 1 of this Act is the basis for the dismissal of a person from the office position not later on the third day after submission of such a statement and the application to a corresponding ban.
1. The Authority authorized to ensure the inspection provided by this Act is the Ministry of Justice of Ukraine.
The Ministry of Justice of Ukraine is not later than for the month since the day of entry into force. Public authority on lustration issues At the Ministry of Justice of Ukraine to ensure public control of the process of cleaning power (lustration), which should be included in the media and members of the public.
2. The Ministry of Justice of Ukraine in the monthly rows from the present day of the Act shall be established by the Law of Ukraine and gives approval to the approval of the Cabinet of Ministers of Ukraine:
(1) A list of organs carrying out the credibility of the relevant information regarding the application of non-designated parts Third and Fourth Article 1 of this Act, according to their competence;
(2) the procedure for the conduct of the inspection provided by the Act;
(3) the plan to conduct checks on each organ of state power and local government, the enterprise in which the person works, listed in paragraphs 1 to 10 part of the first Article 2 of this Act, according to the drawing defined part of the sixth of this article.
3. By the Ministry of Justice of Ukraine, the draft documents, defined by the second of this article, are approved by the Cabinet of Ministers of Ukraine no later than the tenth day after submission by the Ministry of Justice of Ukraine and for ten days from the day of Its approval is published on the official website of the Ministry of Justice of Ukraine.
The Ministry of Justice of Ukraine is not later than on the tenth day since the approval of the Cabinet of Ministers of Ukraine a list of bodies predicted by paragraph 1 of the second article, placing on its official website information on postal and electronic information. the address, the contact number of each of the public authorities, to the competence of which the inspection shall be conducted, as well as the advisory public authority on the matters of lustration at the Ministry of Justice of Ukraine, to which physical and legal persons during one month from the day of the beginning of the inspection, can apply a person to test for the distribution of the prohibition to the Act. Such information provided by the physical and legal entities is subject to consideration by the State authorities prior to the competence of the audit.
4. The organization of the verification of persons (except professional judges and persons listed in this third of this part) rests on the authority of the relevant body, to the authority of which is the dismissal of the office of the person on which the check.
The organization of verification of professional judges rests on the head of the court in which the judge is working.
Organization of verification of members of the High Council of Justice, the Higher Qualification Commission of the Judges of Ukraine, the Central Election Commission, the National Council for Television and Radio broadcasts rely on the leader of the body in which the person works.
1) The authenticity of the specified in a statement concerning the inconsistency of the ban, predicted parts Third and Fourth Article 1 of this Act;
(2) The validity of information regarding the presence of property (property rights) and the conformity of property (s) specified in the declaration of property, income, expenses and the obligation of the financial character submitted by the person in the past year by form, that is established Law of Ukraine "On the basis of the prevention and opposition of corruption" (hereinafter), acquired (acquired) during the time of positions defined in the paragraphs 1 to 10 Part of the first Article 2 of this Act, the Revenue obtained from legitimate sources.
6. The test shall be carried out in such a draw:
(1) The Minister of Justice of Ukraine, officials and officials of the Ministry of Justice of Ukraine, executives, officials and officers of the bodies defined by paragraph 1 of the second part of this article;
(2) The heads of the bodies identified paragraphs 1-10 Part of the first Article 2 of this Act
(3) Deputy heads of organs identified by paragraphs 1 to 10 of the first article 2 of this Act, the leaders of their structural units, the heads of their territorial (regional) bodies and persons listed in Paragraph 9 Part of the first Article 2 of this Act
(4) Other persons listed in paragraphs 1 to 10 part of the first Article 2 of this Act.
7. The body ' s guide, stipulated as part of the fourth of this article, no later than the third day after receiving the statement sends to the relevant district, urban (cities of regional importance), district in the cities of the territorial authorities by place a person whose competence belongs to the verification of relevant information defined in the Paragraph 1 Part 5 of this article, requests for information about the person on which a copy of the statement is added.
To the appropriate district, urban (regional city), district in the cities of the territorial authority for a person's residence, whose competence belongs to the verification of information defined by the paragraph 2 pieces of the fifth of this article, the body supervisor stipulated part of the fourth of this article, no later than the third day after receiving the statement, a request to verify the relevant information on which the test is conducted, to which A copy of the identity of the person.
Requests that are provided by the first and second paragraphs are sent at the same time.
On the same day, the head of the body predicted by the fourth of this article sends a message to the Ministry of Justice of Ukraine about the beginning of the passage of the person, which is not later than on the fifth day since it was obtained by the Ministry of Justice. The official website of the Ministry of Justice of Ukraine with the beginning of the day of the inspection.
8. The day of sending the relevant requests and added to documents, and the message to the Ministry of Justice of Ukraine is the day of the beginning of the inspection.
9. Information on the beginning of the passage of the inspection and copies of its statement and declaration (except for information provided by the law to information with limited access information) shall be placed within three days after the statement on the official website of the body, to The authority of which is the dismissal of the office of the person on which the inspection is carried.
10. In case of the establishment of the results of the verification of the inaccuracy of information defined by the paragraph 2 a part of the fifth of this article, an organ that conducted the inspection, for three working days from the detection of all inconsistencies and/or inconsistencies, but not later than the thirtieth day of receipt of the request and copies of the declaration of the person, reports This is the person who is testing. The person on which the inspection is conducted is not later than the fifteenth working day on the day of receipt of this message, providing a written explanation of the following facts and confirmatory documents that are mandatory for consideration and consideration The relevant body in the preparation of the conclusion of the report.
11. Organ, who conducted the inspection, sends the conclusion of the results of the inspection signed by the leader of such a body (or the person who fulfills his duties), the body of the body envisioned as part of the fourth of this article, not later than the sixtieth day since the beginning of the inspection.
Such a conclusion can be challenged by the person in court order.
12. In case of installation of the results of the verification of the identity of the %1 ta/or 2 part of the fifth of this article, the body that conducted the inspection sends a copy of the conclusion about the results of the inspection to the Ministry of Justice of Ukraine for the official publication on the official website of the Ministry of Justice of Ukraine on That is the conclusion and contribution to the Single State Register, which applies to the provisions of the Law of Ukraine "On the Purposes of Power", not later in a three-day row from the day of the conclusion of such a conclusion.
13. In case of setting up a professional judge of inconsistency of information defined by the points of 1 and/or 2 of the Fifth of this article, the body sends a copy of the conclusion of the results of the inspection to the Ministry of Justice Ukraine, which is in a three-day period from the day of receiving such a conclusion, sends it to the Supreme Court of Justice and/or the Higher Qualification Commission of the Judges of Ukraine and addresses the proposal for the adoption of the judge from office.
The Ministry of Justice of Ukraine for the purposes of this Act is the subject of an appeal for the submission of judges.
14. The body's guide is foreseen part of the fourth of this article, based on the conclusion of the results of the inspection, which established the infidelity of information defined %1 ta/or 2 parts of the fifth of this article, no later than the third day from the day of receipt of such a conclusion, managing the provisions parts of third or Fourth Article 1 of this Act shall release such a person from a loan office or not later than on the third day from the day of his receipt sends such a conclusion to the governing body (organ), to the authority of which is the liberation and initiation of the dismissal of the office of the person, of whom the inspection was carried out, for her dismissal in the prescribed law of order no later than the tenth day from the day of receipt of the conclusion.
15. All inspection materials that came to the authority of the body predicted part of the fourth of this article are added to the person's identity.
Article 6. Statements of individuals who claim to take office
1. Persons who claim to hold a position determined by the paragraphs 1-10 part of the first Article 2 of this Act (except for citizens who are assigned to the military service for the prize of officers and for military service at the time of mobilisation, for the special period, or involved in the execution of duties abroad) In the territory of an anti-terrorist operation, a written statement issued by the states of military time, which reports that the ban had not been applied to it third-third or Fourth Article 1 of this Act, and the consent of the passing of the inspection, consent to the promulgated information relating to it in accordance with this Act.
2. The information mentioned in the statement provided by the part of the first of this article is checked during special inspection, according to Article 11 The Law of Ukraine "On the principles of preventing and countering corruption" in the order and lines defined by this Act.
3. Setting the identity of a person to the list of persons in which the injunctions apply Third or Fourth Article 1 of this Act is the basis for the refusal of the appointment of such person to the position on which it claims.
Article 7. The only public register on which the provisions of the Law of Ukraine "On purification of power" applies
1. Regarding the persons concerned with the prohibition of part of third or Fourth Article 1 of this Act is presented to the People's State Register, which applies to the provisions of the Law of Ukraine "On the Purposes of Power" (hereafter-the Register), which is formed and conducted by the Ministry of Justice of Ukraine.
Position about the Register, the order of its formation and the conduct are approved by the Ministry of Justice of Ukraine.
Information on persons under which the prohibition applied as part of Article 1 of this Act is promulgated on the official website of the Ministry of Justice of Ukraine and to the Register for three working days from the day of accession The State Judicial Administration of Ukraine to the Ministry of Justice of Ukraine granted from the United State Register of the judicial decisions of the electronic copy of the decision of the court. The State Judicial Administration of Ukraine sends such an electronic copy of the decision to the Ministry of Justice not later as on the tenth day of the case of the legitimate force.
2. Information from the Register about making information about the person to the Register or the lack of information on such a person is given:
the request of the state bodies, the authorities of the Autonomous Republic of Crimea, the local government authorities to conduct the inspection provided by this Act, or special inspection provided by Law of Ukraine "On the principles of preventing and countering corruption", information on individuals who claim to hold positions related to the execution of functions of the state or local government;
A law enforcement request in the case of the need to obtain such information as part of a criminal or administrative proceedings or a request by the prosecutor as part of the enforcement of oversight of the requirements and application of the laws;
During the reporting of the list of persons freed from the office in connection with the implementation of the purification of power (lustration), with the information contained in the Reestre;
in the event of a physical identity (authorized by the person) to obtain information about themselves.
3. Ukraine's Ministry of Justice not later than the third day after receiving information from the Register, provides them with the publication on their official website and brings them to the Register. Open free-access for free-purpose access is the following information about the person who applies the provisions of this Act:
2) the place of work, position at time of application of the provision of this Act;
3) information about the progress of the verification of the person, as well as information on the findings of the findings, which indicates the presence of the basis for the application to the person who conducted the inspection, Article 1 This Act;
(4) The time during which the person is denied the ban is predicted part of third or Fourth Article 1 of this Act.
The mentioned information does not belong to the person's confidential information and cannot be restricted in access.
Article 8. Control of the implementation of this Act
1. The Verkhovna Rada of Ukraine exercises parliamentary oversight of the implementation of this Law within the limits of the Constitution of Ukraine .
Other state authorities exercise control of the implementation of this Act within the authority and in a way that is predicted. Constitution and the laws of Ukraine.
TRANSITIONAL AND TRANSITIONAL PROVISIONS
1. This Act will take effect from the day, the following day by the day of its publication.
2. Set that within ten days of the day of entry into force of the authority of the Body of the Authority (organ), to the authority of which is the release and/or initiation of the release from the office of persons under which the ban is applied, defined in part three article 1 of this Act, based on criteria defined by part of first Article 3 of this Act, based on the information available in the special cases of these persons:
1) liberate these persons from the office or sends a governing body (organ), to the authority of which shall be dismissed from the office of such persons, the relevant documents for their release no later than 10 working days from the date of receipt of such documents;
2) inform the Ministry of Justice of Ukraine about their release from the office and provides relevant information on the application to such persons of the ban part of third Article 1 of this Act, for their publication on the official website of the Ministry of Justice of Ukraine and entry to the Single State Register, which applies the provisions of the Law of Ukraine "On the Purposes of Power", in order and lines defined by the By law.
3. The laws and other legal instruments are applied in part that does not contradict the Act.
4. To make changes to the following legislative acts of Ukraine:
1) in Article 36 The Code of Laws on the Law of Ukraine (Supreme Soviet of the Ukrainian SSR, 1971, appendix to No. 50, st. 375):
first part supplementing paragraph 7 - 2 such content:
" 7 - 2 ) Under the basis stipulated by the Law of Ukraine "On purification of power";
part two supplemented with the words " and in the case of paragraph 7 - 2 , the person shall be freed from office in the order defined by the Law of Ukraine "On the cleansing of power";
2) first part See Article 55 of the Criminal Code of Ukraine (Verkhovna Rada of Ukraine, 2001, No. 131) complement the paragraph with other such content:
"The deprivation of the right to hold positions as an additional punishment in cases stipulated by the Law of Ukraine" On purification of power "is prescribed for five years";
3) first part Article 53 of the Law of Ukraine "On the Judiciary and Status of Judges" (Verkhovna Rada of Ukraine, 2010, No. 41-45, art. 529) teach in such an editorial:
" 1. The appointment of a judge is incompatible with a position of office in any other body of state, the local government, and the representative mandate, and if the judge is a person to which the prohibitions imposed by Article 1 are applied. Law of Ukraine "On the cleansing of power";
{Subparagraph 4 paragraph 4 of the section lost the validity of the Law No. 1700-VII of 14.10.2014 }
