Home > 1.1.3 Submission of candidatures > UKRAINE - Amicus Curiae Brief on Additional Sanctions for Committing an Administrative Offense
 
 
 
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Paragraph 27
 

Any restriction to the right to be elected, including in case of disqualification from a mandate, must respect the principle of proportionality. However, the conditions for depriving individuals of the right to stand for election may be less strict than for disenfranchising them.16 According to the case-law of the ECtHR on Article 3 of Protocol No. 1, restrictions on the right to be elected should be limited to what is necessary to ensure the proper functioning of the democratic regime. For example, in assessing the proportionality of a general measure restricting the exercise of the rights guaranteed by Article 3 of Protocol No. 1 to the ECHR, the Venice Commission recalls that the European Court of Human Rights found that decisive weight should be attached to the existence of a time-limit and the possibility of reviewing the measure in question.