BackIn submission, in particular, it was said that in connection with illegal occupation of Autonomous Republic of Crimea and Sevastopol there was a system problem because of inconsistency of normative legal acts, namely: laws of Ukraine "On political parties" and "On ensuring rights and freedoms of citizens and a legal regime in temporarily occupied territory of Ukraine" that leads to impossibility of realization of the right of citizens of Ukraine for association in political parties.
We will remind, the provision of part one of article 10 of the Law of Ukraine "On political parties" contains the requirement for collecting of signatures of citizens of Ukraine in support of the decision concerning creation of political party not less than in two thirds of the regions of the Autonomous Republic of Crimea and Sevastopol. While according to part one of article 4 of the Law of Ukraine "On ensuring the rights and freedoms of citizens and a legal regime in temporarily occupied territory of Ukraine", the Autonomous Republic of Crimea and Sevastopol are temporarily occupied territory where the particular legal regime of crossing of borders of temporarily occupied territory, transactions, elections and referenda, realization of other rights and freedoms of the person apply to.
Because of this inconsistency, on belief of Ms.Valeriya Lutkovska, collecting of signatures of citizens of Ukraine in the mentioned territory in support of the decision concerning creation of political party is actually impossible, and also can pose threat to life and health of citizens.
Submission of the Commissioner contained proposals, first of all, to undertake measures for the purpose of prevention of violation of the right of citizens of Ukraine for association in political parties, and also to give an assignment to elaborate the draft law of Ukraine concerning amendments to some acts of Ukraine which would create the effective mechanism for the solution of above-mentioned issue, and to submit it to the parliament.
Following results of consideration of submission of the Commissioner the Government adopted the decision concerning elaboration of draft law which will settle the issue of collecting of signatures of citizens in support of the decision concerning creation of political party.
"Considering definition of temporarily occupied territory as an integral part of Ukraine which the Constitution and laws of Ukraine apply to, and also for the ensuring the rights and freedoms of the person and the citizen determined by the Constitution and laws of Ukraine, the Ministry of Justice elaborate the draft law of Ukraine concerning settlement of an issue of collecting of signatures of citizens in support of the decision concerning creation of political party. The Ministry of Justice was entrusted to accelerate submitting of the relevant draft law for consideration of the Government", – it is told in the letter of the Prime minister of Ukraine Mr. Arseniy Yatsenyuk.
Source: Ukrainian Parliament Commissioner for Human Rights
