Polygraphs instead of guarantees: human rights defenders on the risks of the draft law on access to public service

Coalition of organisations dealing with the protection of the rights of victims of armed aggression against Ukraine has prepared an analysis of draft Law of Ukraine No. 14230 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Specifics of Holding Certain Positions in State Authorities, Other State Bodies and Local Self-Government Bodies by Citizens of Ukraine Who Have Foreign Citizenship”.

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Human rights organisations emphasise that the purpose of preparing the analysis is to prevent the adoption of legislative decisions that could lead to the violation of the rights of Ukrainian citizens, in particular those who lived or live in the temporarily occupied territories and have suffered as a result of the imposition of the citizenship of the aggressor state.

The draft law is declared as one that should harmonise the current legislation with the so-called Law on Multiple Citizenship. At the same time, according to the coalition’s assessment, the approaches proposed by the draft law not only fail to ensure such harmonisation, but also create new legal risks.

Human rights defenders emphasise that the provisions of the draft law are inconsistent with Law No. 4502-IX and do not take into account the actual practices of forcibly imposing Russian citizenship in the temporarily occupied territories of Ukraine. According to the authors, the proposed wording narrows the concept of involuntary acquisition of citizenship and does not cover systematic coercion, which was accompanied by deprivation of access to basic services and threats of loss of housing.

Of particular concern is the introduction of polygraph testing outside the framework of criminal proceedings. This approach does not provide adequate legal guarantees, creates risks of violating the right not to testify against oneself and the right to legal assistance, and lacks sufficient scientific substantiation.

In addition, the draft law provides for disproportionate restrictions on access to public service for Ukrainian citizens who have been forced to accept Russian citizenship as a result of war crimes, regardless of their behaviour or the absence of threats to national security. The coalition emphasises that in the context of armed aggression, the state must respond to security challenges, but such decisions should not lead to discrimination against victims, undermine constitutional guarantees, or punish people for circumstances beyond their control.

For reference

The Coalition of organisations dealing with the protection of the rights of victims of armed aggression against Ukraine includes: NGO Donbas SOS, NGO Crimea SOS, the Right to Protection Charitable Foundation, the Charitable Foundation EAST-SOS, NGO Civil Holding GROUP OF INFLUENCE, the Human Rights Centre ZMINA, the Charitable Foundation Stabilization Support Services, and the Crimean Human Rights Group.

The full text of the analysis is available here.