CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES

The article examines the actual problems of constitutional and legal responsibility of political parties in the context of today's challenges. The author analyzes the normative grounds for applying such constitutional and legal sanctions as a ban on the formation and activities of a political...

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Main Author: Nataliia M. Batanova
Format: Article
Language:deu
Published: Alfred Nobel University 2023-12-01
Series:Alfred Nobel University Journal of Law
Subjects:
Online Access:https://law.duan.edu.ua/images/PDF/2023/2/6.pdf
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author Nataliia M. Batanova
author_facet Nataliia M. Batanova
author_sort Nataliia M. Batanova
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description The article examines the actual problems of constitutional and legal responsibility of political parties in the context of today's challenges. The author analyzes the normative grounds for applying such constitutional and legal sanctions as a ban on the formation and activities of a political party or cancellation of a political party's registration in case of unlawful acts. A retrospective analysis of the practice of banning political parties and canceling their registration in Ukraine generally indicates a positive trend in the development of national legislation on political parties and their responsibility in recent years. During this period, the grounds for banning political parties were significantly expanded and specified, and the mechanism for their realization was improved in accordance with the concept of “democracy that can defend itself”. The challenges of the Russian-Ukrainian war have objectively demonstrated and convincingly proved that the activities of any political parties that encroach on the territorial integrity, security and constitutional order of Ukraine, support the aggressor state can and should be banned in court. At the same time, the national judicial practice confirmed the relevant European experience and showed that the decision to apply such a constitutional and legal sanction as a ban on a political party must be appropriately justified, based on a proper evidence base, not taken in a hurry, and comply with international standards to prevent further appeals against the state's actions to the European Court of Human Rights, etc.
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spelling doaj-art-25d099a73de34e7a88996bff65e2470d2024-12-03T10:52:02ZdeuAlfred Nobel UniversityAlfred Nobel University Journal of Law3041-22183041-22262023-12-0127506010.32342/2709-6408-2023-2-7-5CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGESNataliia M. Batanova0V.M. Koretsky Institute of State and LawThe article examines the actual problems of constitutional and legal responsibility of political parties in the context of today's challenges. The author analyzes the normative grounds for applying such constitutional and legal sanctions as a ban on the formation and activities of a political party or cancellation of a political party's registration in case of unlawful acts. A retrospective analysis of the practice of banning political parties and canceling their registration in Ukraine generally indicates a positive trend in the development of national legislation on political parties and their responsibility in recent years. During this period, the grounds for banning political parties were significantly expanded and specified, and the mechanism for their realization was improved in accordance with the concept of “democracy that can defend itself”. The challenges of the Russian-Ukrainian war have objectively demonstrated and convincingly proved that the activities of any political parties that encroach on the territorial integrity, security and constitutional order of Ukraine, support the aggressor state can and should be banned in court. At the same time, the national judicial practice confirmed the relevant European experience and showed that the decision to apply such a constitutional and legal sanction as a ban on a political party must be appropriately justified, based on a proper evidence base, not taken in a hurry, and comply with international standards to prevent further appeals against the state's actions to the European Court of Human Rights, etc.https://law.duan.edu.ua/images/PDF/2023/2/6.pdfconstitutional and legal responsibilityconstitutional tortconstitutional and legal sanctionprohibition of a political partycancellation of registration of a political partygrounds for constitutional and legal responsibilitypolitical partyconstitutional ordermartial lawconcept of militant democracy
spellingShingle Nataliia M. Batanova
CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
Alfred Nobel University Journal of Law
constitutional and legal responsibility
constitutional tort
constitutional and legal sanction
prohibition of a political party
cancellation of registration of a political party
grounds for constitutional and legal responsibility
political party
constitutional order
martial law
concept of militant democracy
title CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
title_full CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
title_fullStr CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
title_full_unstemmed CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
title_short CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES
title_sort constitutional and legal responsibility of political parties in the context of today s challenges
topic constitutional and legal responsibility
constitutional tort
constitutional and legal sanction
prohibition of a political party
cancellation of registration of a political party
grounds for constitutional and legal responsibility
political party
constitutional order
martial law
concept of militant democracy
url https://law.duan.edu.ua/images/PDF/2023/2/6.pdf
work_keys_str_mv AT nataliiambatanova constitutionalandlegalresponsibilityofpoliticalpartiesinthecontextoftodayschallenges