On the Issue of Legal Regulation of Internal Organization of Political Parties in Ukraine

Abstract

Party regulation in Ukraine went through a considerable path of its formation and crystallization. Thus, the right to freedom of association in political parties found its place in the Constitution of Ukraine in 1996, a range of electoral laws defined participation of political parties in elections, and more detailed regulation was provided to the political parties in the Law of Ukraine On Political Parties in Ukraine as of 2001. Considering that almost 20 years have passed since the special law was adopted, this article is an attempt to start a discussion about the current legislation of Ukraine on regulation of the internal organization of political parties. The article provides an analysis of the provisions of the current Law of Ukraine On Political Parties in terms of regulation of the internal structure of political parties. In view of the existing shortcomings of the legal technique, the author urges the need to amend the current legislation in the field of regulation of political parties, in particular in regards the identification of the governing bodies of a political party and mechanisms for monitoring the implementation of the provisions of the statutes of political parties. The article finds that the current definition of the term “political party”, enshrined in the Law of Ukraine On Political Parties, should to be brought in compliance with the provisions of other laws of Ukraine that regulate registration of the parties. In addition, there is a need to identify the governing bodies of political parties in the law in order to ensure transparent and fair implementation of the provisions of the statute of a political party. The article provides for recommendations on improvement of the current party regulation in Ukraine.

Keywords

• organizational structure; governing bodies of a political party; legal regulation