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 48
 

In conclusion, the legal basis for the imposition of such a limitation of the right to stand for election is too wide to be proportionate to the legitimate aims pursued.62 The restriction on the right to be elected, in order to ensure a proper balance between the legitimate defence of democracy and the protection of individual political rights, must be limited to those persons who had an active participation, or, in an official or otherwise verifiable documented manner, expressly condoned, in the actions that led to the banning of the parties for instance, concretely endangering the democratic system of the country, territorial integrity or national security and must be assessed on an individual basis with adequate procedural safeguards, including the possibility to challenge the decision (see below). A preventive measure applied to these persons would be justified on the ground of such active participation or documented expression, since one may anticipate that they would continue to pursue or support illegitimate aims and therefore represent a threat.