Люстрація в Польщі та Чехії: розбіжність типів, чинників та наслідків

Abstract

It has been defined the specific scientific definition of lustration, as political practices in the countries of postcomunìsm. In particular, two approaches in its interpretation are outlined: the traditional – removing individuals from participating in political life or legal punishment for actions during the previous regime, retroactive – disclosure of information about certain actions, and the persons that were recognized as criminals, punishment in this case carried primarily a moral character. It has been outlined the five factors that determine the success of the lustration practices: the moral authority and the political will of the new Government; support the idea of cleansing, upgrading power structures in society; the presence of the legislative framework that carries the standards of international law, which is based on the world experience; saving archives (documents), based on which one can set the criminal actions of the authorities; the existence of personnel, capable and worthy to carry out the lustration law. It has been defined that in Poland and the Czech Republic the identified factors have had a different weight, but the common features to both countries were: the process of “wildlife lustration”, as well as the avoidance of the lustration procedures of significant part of the past regime collaborators. It has been determined the specifics of lustration in Poland and Czech Republic in the period of postcomunìsm. In particular, in Poland lustration started much later than the systemic transformation, the present process is not completed (not in the legal field, or in the practical implementation). It has been taken place the retrospective type – which is aimed, mainly, on the restoration of historical justice. In the Czech Republic, on the contrary, the lustration started simultaneously with the transformation changes, aimed to protect, first of all, the new State from abuse authoritarian last (a promising type). The Czech Republic is one of the few countries of postcomunìsm where this practice had the completed character in the legal aspect. It is emphasized that these different types of lustration in Poland and the Czech Republic were caused by different types of transformation. In Poland reformist and compromise nature of systemic changes actually made the conduct of lustration fast and efficient. In the Czech Republic revolutionary transformation, on contrary, have caused rapid adoption of laws on lustration law: under the pressure of society’s new elite were forced unpopular changes which were contrary to the persuasion and personal prejudice.