III. Comments on the Text on the Draft Electoral Law
H. Election campaign
Election campaign activities are almost invariably a manifestation of an individual’s right to freedom of expression and/or association. Ukraine is obliged under the European Convention for the Protection of Human Rights and Fundamental Freedoms to ensure those rights to everyone within its jurisdiction.[1] Any restriction on these rights must be strictly necessary and proportionate in a democratic society. It is difficult to reconcile Article 74.1, which prohibits foreign nationals and stateless individuals from expressing opinions during campaign activities, with these principles. It is not clear why such a blanket restriction would be necessary in a democratic society.
[1] Articles 1, 10, and 11 of the convention.