Constitutional and legal responsibility of political parties in the light of international experience
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
In the article the actual problems of constitutional and legal responsibility of political parties in the light of international experience are researched. Appeal to foreign constitutional practice of the prohibition of political parties is motivated and completely logical in the context of the formation of national model of constitutional and legal responsibility of political parties. As the experience of many countries, limits the formation and activities of political parties are set primarily at the level of the constitution. The constitutional grounds are analyzed in relation to prohibition of political parties in foreign countries. The international standards on political parties’ activity, in particular Guidelines on prohibition and dissolution of political parties and analogous measures, adopted by the Venice Commission 10-11 December 1999, are researched. The practice of the prohibition of political parties in foreign parties is studied. Rather illustrative and useful about constitutional and legal responsibility of political parties is the German experience. It points out that in developed democracies, on the one hand, even with such a highly complex political history, and on the other hand, as a developed culture and constitutional level regulation corresponding relations as Germany, it is quite difficult and long resolved these issues. And not always, these attempts are effective, even if the formal legal basis. In spite of some precedents (in 1952 was banned by ultra Socialist Imperial Party, in 1957 – Communist Party of Germany) to ban the party in Germany is extremely difficult. In this case it is important to show that the party threatens the foundation of a free democratic ground or even the existence of the Federal Republic of Germany. Taking into account the international experience, we conclude that the question of constitutional and legal responsibility of political parties and public organizations is not only actual direction of constitutional and legal studies, but also a very important problem of modern constitutional practice.
Authors and Affiliations
Nataliya Batanova
Keywords
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