The administrative-procedural component of banning a political party in Ukraine

Abstract

The article is devoted to the study of the issue of the administrative-procedural component of the ban on political parties in Ukraine. The full-scale invasion of Russia became the point of extremum for intensifying measures to ensure the state and national security of Ukraine, including by disabling the activities of pro-Russian political forces. The practice of banning the functioning and activities of political parties is one of the mechanisms for protecting sovereignty and traditionally belongs to the toolkit of militant democracy.
 It was emphasized that the legal basis of the procedure for banning political parties was formed relatively recently and under the influence of martial law (Law of Ukraine No. 2243-IX dated 03.05.2022 «On Amendments to Certain Legislative Acts of Ukraine Regarding the Banning of Political Parties»).
 It is summarized that due to the great political and social significance that administrative cases on the banning of a political party belong to the jurisdiction of the appellate administrative court in the appellate district, which includes the city of Kyiv.
 It was established that currently the legal nature of the procedure under consideration remains ambiguous in many respects, in particular, in terms of the grounds for opening proceedings and filing an administrative lawsuit to ban a political party, as well as the mechanisms of judicial review and the powers of the court when deciding such a case (regarding the ban and transfer of party property owned by the state). Administrative proceedings regarding the banning of a political party are specific and characterized by a number of various differences compared to the general principles of administrative proceedings in court. Prohibition of a political party during a court proceeding is a public process with the mandatory involvement of the Verkhovna Rada of Ukraine and the Ministry of Justice of Ukraine in the legalization of this administrative proceeding.