Explanatory note: Banned in Ukraine by the Communist party?

Пояснительная записка: Запретили ли в Украине коммунистическую партию?

Communist party banned in Ukraine? The first thing that likely comes to mind for you, the reader, of course! This impression contributes to all the information noise around this topic in recent years, but in fact the answer is “Yes” is wrong. Or rather, not quite right.

And how? Let’s deal.

The background

In early may 2014 at the time acting President of Ukraine Oleksandr Turchynov asked the justice Ministry to check the CPU in terms of legality and expressed the possibility of a ban. The reason – “possible participation and active support of Pro-Russian actions in the South-East.”

The head of the SBU Valentin Nalyvaychenko to June 14, provided the justice Ministry to ban the party. Some members of the Communist party were accused of supporting the separatists “DNR” and “LNR”.

Later, on 8 July, the Ministry of justice and the State registration service has addressed in court with the request to consider the possibility of a ban of activity of Communist party in Ukraine.

At the end of July 2014, the Verkhovna Rada voted for the dissolution of the Communist party of Ukraine.

At the same time, changes were made to the regulations, according to which the fraction with number of members less than the prescribed minimum subject to dissolution.

The dissolution of the Communist faction was issued on the same day. Later, at the time speaker of the Parliament Oleksandr Turchynov stated the following:

This is a historic event, colleagues. I hope that never more Communist factions in the Ukrainian Parliament will not!“.

However, in September, the Communist party was registered at the extraordinary elections of the Parliament. However, in Parliament, in the end, the Communists did not get with 3,88% for the pass the barrier of 5%.

The history with the prohibition of the Communist party

5 Nov 2014 the District administrative court of Kiev has suspended consideration of the claim of the justice Ministry on banning the Communist party until the courts will not be considered the claim of the Communist party to the Ministry of justice.

December 24, 2014 Kyiv administrative court of appeal overturned the decision of the court of 5 November, on the suspension of proceedings to ban the Communist party. I.e., the case returned to the court of first instance.

In this case

April 9, 2015 Rada adopted the draft law “On the condemnation of the Communist and national socialist (Nazi) totalitarian regimes in Ukraine and the prohibition of propaganda of their symbols”.

President of Ukraine Petro Poroshenko has signed the law on may 15. Then he came into force.

16 Dec 2015 District administrative court of Kyiv granted in full the claim of the Ministry of justice, banning activities of the Communist party.

28 December 2015 the Communist party appealed.

25 January 2016, the Supreme administrative court refused the Communist party in the consideration of the appeal.

BUT

The court’s decision on banning the Communist party has not entered into force.

The fact that the court of Appeal suspended the proceedings pending CONSIDERATION by the Constitutional court on the request of members of Parliament on the constitutionality of the law on decommunization.

That is, the Communist party is not banned? And can even participate in the elections?

Not the easiest question, but the conclusions are as follows:

Officially, the Communist party AT the MOMENT is not prohibited. The party was also active in the Internet (really covered) and conducts periodic party meetings in some regions of the country.

And Yes, try to take part in the elections, it will, but not the fact that she would succeed. The reason explained in an interview with the chief editor of the edition “Gordon” on “112 Ukraine” the second Secretary of the Communist party Adam Martyniuk:

We go (to election – ed. ed.). But, unfortunately, this so-called law on de-communization, which was condemned by the Venice Commission (and our President, and other state leaders promised to take the comments into account), there is a provision that entitles the Ministry of justice to ban the Communist party to participate in elections. That is the paradox: we are officially not prohibited in the courts (as set down in legislation), but the Ministry of justice of the us elections does not allow“.

So. Again. The Communist party is not forbidden? But what about the law on decommunization?

Not prohibited. Here it is in the symbolism. Here’s a link to the channel of the party in YouTube, you can pay attention to how changed the party logo (and a name that at the moment of writing in a shortened version).

Plus in January 2017 (i.e. two years after the supposedly final prohibition) to the national Agency on corruption prevention said that since the Communist party of Ukraine has not formally banned, it should report about their property and finances.

Recently in the office of the Communist party visited cyberpolice. She raided and stopped the activity site “because of the demonstration of Communist symbols”.

According to the leader of KPU Pyotr Simonenko, the reason for the closure of the site was the posting of pictures of the first Secretary of the Communist party of Ukraine (1972-1989) Vladimir Shcherbitsky.

That is the picture Shcherbitsky. Not the existence of the Communist party in General.

Add a Comment

Your email address will not be published. Required fields are marked *