Home > 2.4 Complaints and appeals > UKRANIE - Joint Opinion on the Draft Law Amending Certain Legislative Acts Which Restrict the Participation in the State Power of Persons Associated with Political Parties Whose Activities are Prohibited by Law
 
 
 
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Paragraph 27
 

27. The Venice Commission and ODIHR are aware that Ukraine has notified derogations to several rights under the ICCPR and the ECHR, including Article 3 of Protocol no. 1 to the ECHR and Article 25 of the ICCPR (see footnote 3 above). Article 4(1) ICCPR and Article 15 ECHR allow for derogations to “the extent strictly required by the exigencies of the situation) and the nature of the rights affected by the derogation, the circumstances leading to, and the duration of, the emergency situation shall be duly taken into account.41 The UN Human Rights Committee in its General Comment no. 29 has underlined that the duration of the measures derogating from the ICCPR should be limited to the extent strictly required by the exigencies of the situation.42 The OSCE 1991 Moscow Document provides that “the state of public emergency will be lifted as soon as possible and will not remain in force longer than strictly required by the exigencies of the situation” (§ 28.3). As underlined by the Venice Commission, “emergency measures may only be in place for the time the State experiences the exceptional situation” and “they must be terminated once the exceptional situation is over”.43 The Venice Commission further noted that in principle, “the state of emergency has to be terminated as soon as the emergency can be addressed by the ordinary legal mechanisms, even though at that moment some restrictions might still be necessary, on a smaller scale”.