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 55
 

55. This law, if adopted, would lead to the restriction of the right to be elected, as enshrined, inter alia, in Article 3 of Protocol No. 1 to the ECHR and Article 25 ICCPR. It would apply to members of a prohibited party who held an elected office, during the period of martial law introduced on 24 February 2022 and for ten years after its termination or cancellation. While recognising that in the close aftermath of the end of martial law, certain limitations could potentially be justified for the limited period of time, allowing for progressive adaptation, the temporal scope of application of such limitations, as suggested in the draft law, is unduly long. Since the proposed provisions will remain in force long after the end of the martial state, they should therefore be analysed from the prospective of their longer term application, even in time of peace, when derogation will no longer be applicable. Accordingly, the Venice Commission and ODIHR have analysed the draft law and alternative drafts under the “classic” proportionality test.