Criteria for Restricting the Right to Join Political Parties: Requirements of International Law, Legislation of Ukraine and Germany

M.H. Kravchenko
2020 Zenodo  
The article is devoted to the study of criteria for restricting the right to unite in political parties through the prism of international law, legal regulation of Ukraine and Germany. The research used a wide range of general scientific and special legal methods of scientific knowledge, in particular: the method of dialectical logic, comparative law, formal law and system-structural research methods. As a result of the study, the author substantiates the scientific position that international
more » ... aw, the legislation of Ukraine and the Federal Republic of Germany recognizes the possibility of restricting the right to freedom of association in political parties and defines a system of criteria for such restriction. A comparative legal analysis of the norms of international law, the provisions of the legislation of Ukraine and the legislation of Germany allows us to conclude that the system of restriction of this political human right introduced in Ukraine generally meets international standards. It includes the following criteria for restricting this right: unconstitutional goals of a political party; propaganda by the political party of the communist and National Socialist (Nazi) totalitarian regimes in Ukraine and the use of their symbols; formal criterion; violation of the ban on paramilitary formations; formal existence of a political party without the actual participation of the latter in the political life of Ukraine. It is proved that the legal regulation of the restriction of the right to unite in political parties needs to be improved, in particular through amendments to the special Law of Ukraine "On Political Parties in Ukraine". They should concern: the ban on the existence of armed groups at the disposal of a political party; prohibition of the use of the official name and symbols of a registered political party by those cells that have officially left its membership; improving the mechanism of control over the implementation of the decision to ban the activities of a political party by the public admini [...]
doi:10.5281/zenodo.4653324 fatcat:75k5hnoibzak3pcsozhcaof72i