The draft law called “On the Principles of State Policy of the Transition Period” was reviewed by the Venice Commission at the request of Ukrainian government officials who seek to resolute issues of ‘amnesty, transitional justice”, and recognition of transactions and documents.
The Venice Commission called the document assessment ‘complicated’ as it addresses a range of current problems ‘with a view to future uncertain developments’ and criticized the ‘approach’ that turned it into a ‘political program’ rather than a nominative act.
What raised concerns of the leggists was the central terms of ‘transitional period’ and ‘transitional justice’ that were called ‘narrowly conceived’ and not in step with ‘respective terms in international law’.
While calling out the law authors over vague concepts and ‘lack of legal clarity’, the Commission offered its recommendations to help bring the policy provisions in line with international law.
The Venice Commission pointed out discriminative treatment of crimes committed in the occupied territories and called to repair the respective provision to make it ‘conductive to peacebuilding’.
It also spoke against the lustration provision that is ‘too broad’ and can unlawfully disqualify residents of the occupied regions from electorial positions due to the provisioned ‘inaction’.
The experts also called to make the principle called ‘right to truth’ victim-oriented grathis right to all people in the occupied territories of Crimea and Donbas who suffered violations of international humanitarian law.
The judgement addressed convalidation provisions offering to review ‘restrictive approach’ to official recognition of academic certificates, degrees and titles.