Home > 1.1.3 Submission of candidatures > UKRAINE - Joint Opinion on the Draft Law No. 3366 about Elections to the Parliament
 
 
 
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Paragraph 13
 

Article 9.4 prohibits the candidacy of a citizen convicted of any “deliberate” crime unless such conviction has been served and pardoned under the procedure established by the law. Under Article 9.4, the passive right of suffrage seems to be denied as a result of any conviction, regardless of the nature of the criminal offence. Broad legal provisions which restrict suffrage rights of general categories of groups of persons without consideration of specific facts unique to the person are not in line with good international practice. Paragraph I.1.d of the Council of Europe Venice Commission Code of Good Practice in Electoral Matters provides that the deprivation of the right to stand as candidate could be based on a “criminal conviction for a serious offence”, and also states that “the proportionality principle must be observed”.[2] The Venice Commission and the OSCE/ODIHR recommend that consideration be given to amending the law in line with the principles of “proportionality” and “seriousness” of offence stipulated in the Venice Commission Code of Good Practice in the Electoral Matters.