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 34
 

34. Article 25 of the ICCPR provides that the right to take part in public affairs, including the right to be elected, shall not be subject to “unreasonable restrictions”, and any limitation must be justifiable on objective and reasonable criteria.49 Article 3 of Protocol 1 to the ECHR does not include an explicit list of legitimate aims, such as Articles 8-11 of the Convention, nor does the Court apply the tests of “necessity” or “pressing social need”. Yet, as the Commission summarises in its 2019 report on term-limits, the aim a state pursues must be compatible with the principle of the Rule of Law and the general objectives of the Convention.50 As noted earlier, the Explanatory Note accompanying the draft law cites as the latter’s aims the protection of democratic development, constitutional order, and territorial integrity of the state, also referencing national security, all in the context of the ongoing war.