Home > 2.4 Complaints and appeals > 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
 
 
 
Download file    
 
 
Paragraph 53
 

53. There should be clear and effective mechanisms in place, including judicial oversight and an effective legal redress in case an individual wants to appeal the CEC decision to include them on the list. Strong procedural guarantees would be necessary, as provided in international treaties and by OSCE Commitments and standards, to ensure everyone’s right to “effective means of redress against administrative decisions so as to guarantee respect for fundamental rights and ensure legal integrity”.68 This commitment also grants an “effective means of redress against administrative regulations for individuals affected thereby” and by providing “the possibility for judicial review of such regulations and decisions”.69 To ensure effective legal redress, the rules regarding the inclusion on the list should foresee appeal venues and any restriction on political rights be finally determined by a Court.