56. In light of the unique historical situation which Ukraine is facing, the Venice Commission and ODIHR are of the view that the draft law legitimately aims, in principle, at protecting, inter alia, the State’s independence, the democratic order and national security. However, it applies automatically on the sole basis of the party membership and holding of an elected office, and indiscriminately, without distinguishing between those party members who have actively contributed to the illegitimate acts attributed to the political party, and thus, if elected, would pose a threat to democratic order and national security, and those who were only performing “neutral” duties. The restriction affects a large group of persons, making them collectively responsible for the illegitimate activities of the party they belong to, thus lacking individualisation and therefore due process guarantees. This goes against the principle of proportionality and could lead to arbitrariness.