Home > 4.2 Presidential elections > 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 49
 

49. This reasoning applies in addition to draft law No. 9081-1, which extends the scope of the ineligibility to presidential elections for those elected officials of the parties concerned who have been in office “at the time of the beginning of the temporary occupation of certain territories of Ukraine by the Russian Federation [2014] and until the full restoration of Ukraine’s state sovereignty”.63 The collective restriction of the right to stand for election would not appear to be based on objective, reasonable and non-discriminatory criteria, contrary to the requirements of Article 25 of the ICCPR. While restrictions of local – and presidential – electoral rights do not in principle fall under Article 3 of Protocol No.1 to the ECHR, they should be examined under the anti-discrimination clause of Article 1 of Protocol No. 12, which includes a general prohibition of discrimination, not limited merely to Convention rights.64 This article forbids discrimination in the enjoyment of any right set forth by law on any ground, including political or other opinion.