POLYAKH AND OTHERS V. UKRAINE: ECONOMIC CONSEQUENCES OF NONCOMPLIANCE WITH THE CRITERIA OF LUSTRATION MEASURES COMPATIBILITY WITH THE RIGHT TO RESPECT FOR PRIVATE LIFE

The aim of the article is to analyze, taking into consideration the economic consequences, the compatibility criteria for the application of lustration measures under the Law of Ukraine ‘On Government Cleansing (Lustration)' of 2014 with article 8 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Based on the Judgment of the European Court of Human Rights in ‘Polyakh and Others v. Ukraine' of 17 October 2019 and its previous case-law on the compatibility of the measures applied to the applicants by the authorities of the Convention States in accordance with the legal acts on lustration with the right to respect for private life, the criteria for the compatibility of lustration measures application with the right to respect for private life in the conditions of democratic regime in Ukraine are defined and analyzed. It is confirmed that for the assessment of the alleged violations of article 8 the Court used the following criteria: whether the application of the lustration measures was ‘in accordance with the law', whether it pursuits a legitimate aim, whether the measure of lustration was ‘necessary in a democratic society' answering a ‘pressing social need', whether the application of the lustration measures was proportionate to the legitimate aim pursued and whether the reasons given by the national authorities to justify it are ‘relevant and sufficient'. The analysis of the above-mentioned criteria may help to reduce the rate of probable adverse economic impact of the lustration measures application and improve their mechanisms both in Ukraine and Europe in general.