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 43
 

43. The restriction provided for in the draft law has a broad application ratione personae, insofar as it would apply in general to members of banned political parties who held an elected office at the time of the introduction of martial law. The question has therefore to be raised whether that restriction constitutes a proportionate measure. The restriction applies automatically – without further assessment of the individual conduct by an independent and impartial body or decision of a court - on the sole bases of the party membership and holding of a specific position. The restriction also applies indiscriminately, without distinguishing between the party’s elected members who may have actively contributed to the illegitimate acts attributed to the political party, from those elected representatives who took a neutral stance on the issue. This means that the restrictions on the right to be elected apply to a group of people, without an individualised assessment of their active involvement in the illegitimate activities of the prohibited parties.