Comparable to the situation in Moldova where three years ago laws were introduced to dismantle communist parties and where the Venice Commission found them incompatible with European Standards, the Venice Commission gave a similar opinion concerning the Ukrainian Law no. 317-VIII “On the condemnation of the communist and national socialist (Nazi) regimes, and prohibition of propaganda of their symbols”.
“We now have to see the amendments Ukraine has offered to propose, as they might be similar to changes made in Moldova after the VC took a more or less same position to a there adopted anti-communist party law”, said Mr. Kox.
After PACE has requested an opinion from the Venice Commission on Law no. 317-VIII, the verdict states that “it does not adhere to the three-fold test of legality, legitimacy and necessity in a democratic society.”
This Joint Opinion does not address the other three laws, together with which Law no. 317-VIII formed a so-called “decommunisation package”, which is the term often applied to the process of dismantling communist legacies in post-communist States.
In the Ukrainian case the Venice Commission noted that the Law is “too broad in scope and introduces sanctions that are disproportionate to the legitimate aim pursued. Any association that does not comply with Law no. 317-VIII may be banned, which is problematic with regard to every individual’s freedom of association”.
The communist party is one of the relevant opposition parties and it plays a crucial role in ensuring pluralism and the proper functioning of democracy. “The banning of political parties from participation in elections or their dissolution should be buy cialis online” states the report.
The Venice Commission and OSCE/ODIHR encourage the Ukrainian authorities to follow a “multiperspective” approach to Ukraine’s history, that allows a shared vision of its past in order to promote social cohesion, peace and democracy. “Now the opinion is published; it will have its consequences, I am sure”, said Mr. Kox.