Home > 1.1.3 Submission of candidatures > 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 29
 

29. While states have a legitimate right to introduce effective measures protecting national security and sovereignty, safeguarding principles of democracy, rule of law and human rights, there may be concerns regarding the introduction of new provisions that will remain in force long after the end of the martial state. Such provisions should therefore be analysed from the perspective of their longer term application, even in time of peace, when derogation will no longer be applicable. Accordingly, the Venice Commission and ODIHR will analyse the draft law under the “classic” proportionality test, while recognising that in the close aftermath of the end of martial law, certain limitations could potentially be justified for the limited period of time, allowing for progressive adaptation.