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

Abstract

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.

Keywords

• 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