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Politics 2019-07-15T04:39:06+03:00
Ukrainian news
Supreme Court Overturns Dismissal Of HQCJ Ex-Head Samsin As Supreme Court Judge, Rules He Was Illegally Lustra

Supreme Court Overturns Dismissal Of HQCJ Ex-Head Samsin As Supreme Court Judge, Rules He Was Illegally Lustrated

court, judge, HQCJ, Ihor Samsin

The Administrative Cassation Chamber of the Supreme Court has overturned the decision to dismiss the former head of the High the High Qualification Commission of Judges (HQCJ), Ihor Samsin, from the position of Supreme Court judge and ruled that he was illegally lustrated.

The press service of the court announced this in a statement, the Ukrainian News Agency reports.

"Lustration can only be used to eliminate or significantly reduce a threat posed by the subject of lustration. A panel of judges of the Supreme Court’s Administrative Cassation Court reached this conclusion on 18 September 2018 after examining a case that was filed against the High Council of Justice…" the statement said.

The court upheld Samsin’s lawsuit, declared the High Council of Justice’s decision of 25 April 2017 that dismissed based on the lustration law illegal, and canceled this decision.

In particular, according to the Supreme Court ruling, lustration can be used only to eliminate or substantially reduce a threat to creation of a viable free democracy if the subject of lustration is using his office or position to violate human rights or block the process of democratization.

The Supreme Court ruled that the High Council of Justice violated the principle of proportionality because the dismissal of Samsin “did not justify the purpose of the lustration process.”

The court also ruled that such actions against Samsin are unjustified in a democratic society.

The decision can be appealed to the Grand Chamber of the Supreme Court.

As Ukrainian News Agency earlier reported, the Constitutional Court began considering the constitutionality of the law on lustration on 16 April 2015.

Samsin was the head of the High Qualification Commission of Judges from 2006 to 2014, after which he became a Supreme Court judge.

He was dismissed from his position based on the provision of the lustration law because he headed a state agency during the presidency of Viktor Yanukovych.

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