Paradoks lustracije
The Paradox of Lustration

Summary/Abstract: On the example of Republic of Serbia Law on responsibility for violating human rights, the author points out difficulties the legislator meets wishing to standardize lustration. Analysis of substantive regulations of this Law speaks about its legal, logical and semantic contradictions. But, in spite of problems with legality, lustration has legitimacy. Lustration is an expression of weakness of defeated political regime exclusively with help of political reflexion and social self-regulation. In the paradox of lustration, expressed in the question if there are human rights for violaters of human rights, the ansver is positive but not unconditioned. Deviations from the law standards must be justified, proportionally insignificant, promptly taken and controlled by the full proceeding guarantees.

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