Ban of political parties: International experience and Ukrainian practice – comparative analysis

Abstract

The article is devoted to the analysis of the legal foundations and mechanisms of banning political parties in Ukraine and in the international context. In the conditions of martial law and threats to national security, the importance of ensuring a balance between the rights of citizens and the need to protect state sovereignty is increasing. The issue of restricting the activities of political parties, which may threaten the stability of the state, is particularly relevant.

The study analyzes international legal acts, in particular the International Covenant on Civil and Political Rights, the European Convention on Human Rights, as well as the decisions of the European Court of Human Rights. In particular, attention is focused on the restrictions that can be applied to political parties in the event of a threat to national security or the undermining of democratic foundations. The article also analyzes legal practice in Ukraine, including court decisions banning the activities of political parties, in particular, the Communist Party of Ukraine, and the role of state bodies in this process.

It was determined that limiting the activities of political parties under martial law requires a clear legal regulation that meets international human rights standards and guarantees the transparency of the ban process. It was found that the existing legal mechanisms in Ukraine need improvement for more effective control and protection of national security.

Possible ways of improving national legislation that would ensure effective protection of national security without violating human rights are considered. A number of recommendations have been proposed to create more transparent mechanisms for monitoring the activities of political parties in Ukraine, taking into account international standards. Special attention is paid to the need to maintain a balance between the protection of national interests and the rights of political groups.