The Banning of the Communist Party of Ukraine CP International Briefing January 2016 The ban On 16 December 2015 the Kiev District Administrative Court formally banned the Communist Party of Ukraine. This followed the passing of the De-Communisation Law in April 2015 which made it a criminal offence to promote Marxism, sell the works of Marx or to use any symbol associated with Communism.
The Communist Party of Ukraine In the 2012 elections the CPU emerged as the third biggest party with the support of 14 per cent of the electorate (2.6 million votes). In 2014 it had 100,000 members. The Communist Party of Ukraine is the one party in the
Ukraine that has for two decades called for a parliamentary republic, the ending of presidential government and its associated corruption, the consistent adoption of federalism within Ukraine and the defence of civil and language rights of all national groups. Since the February 2014 coup it has called for the peaceful resolution of the conflict in the eastern provinces, the implementation of the Minsk agreement and defended the full territorial integrity of Ukraine.
The De-Communisation Law This was passed by parliament on 9 April 2015 and signed by President Poroshenko on 15 May 2015. The law imposes a five year prison sentence for violations. It requires the removal of all physical memorials of Communism and the renaming of several hundred villages and towns. It makes it an offence both to promote Marxism or Communism. The law also requires ‘respect’ for the ‘fighters for Ukraine’s independence’ in World War II: that is, those who fought together with the Nazis as members of the Organisation of Ukrainian Nationalists. On the basis of this law the
Interior Ministry issued a decree on 24 July 2015 banning the Communist Party of Ukraine from standing in elections. Legal proceedings were also begun in July 2015 to ban the party itself. The judges in the court hearing the case resigned on the grounds that the case was ‘politically motivated’ and were subsequently subject to criminal proceedings themselves.
Criticisms of the 16 December decision On the morning of 16 December the Kiev District Court rejected four appeal motions submitted by the CPU against the legal action pending since July. On the evening of 16 December the Court endorsed the legal application for a ban. On neither occasion were the proceedings open to the public. The CPU and its lawyers were not permitted to be present. On 18 December 2015 the Venice Commission of the Council of Europe issued the following statement jointly with the Organization for Security and Co-operation in Europe (OSCE) on the DeCommunisation Law: ‘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. This is particularly the case when it comes to political parties, which play 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 a measure of last resort in exceptional cases.’ This opinion was in the context of an earlier condemnation of the ban on Communist symbols and ideology by the Republic of Moldova in 2013 and by the European Court of Human Rights on the ban on Communist symbols by the government of Hungary (Hazhnay v. Hungary case 33629/06) in 2008. Amnesty International has condemned the Ukraine ban in the sharpest terms, as 'a flagrant violation of freedom of expression and association' which should be immediately overturned. The full statement can be seen at: https://www.amnesty.org/en/ latest/news/2015/12/ukrainecommunist-party-ban-decisiveblow-for-freedom-of-speech-inthe-country/
Political context massacre in Mariupol. Subsequent to the February Subsequent months have seen 2014 coup Yatsenyuk, leader of many attacks on Communist the Fatherland Party, became party offices, the injury of prime minister. The Fatherland officers and the burning of Party honours the memory of materials. These attacks have Stepan Bandera, leader of the included unprovoked violent pro-Nazi Organisation of assaults on the leader of the Ukrainian Nationalists, and had party even as he was fought the 2012 election in addressing the parliament, in alliance with the more openly full view of television cameras. fascist Svoboda Party. Svoboda No action has been taken secured four cabinet posts in against his right-wing assailants, the Yatsenyuk government whereas the Communist Party including that of Deputy Prime deputies were subsequently Minister. More worryingly still, banned from the chamber. the extreme right gained control of the key Defence and Security Committee: Chair from the Social National Party and Secretary from Svoboda. This support at government level has enabled fascist militias to operate with freedom across Ukraine and to thepeoplesassembly.org.uk have recognition within the structure of the Ukrainian military. thinkglobally readrevolutionary May 2, 2014, saw Available six days a week from all good newsagents the massacre of several dozen civilian protestors Join Britain’s Communists today! by the Right Add me to your mailing list I want to join the CP Sektor militia in name Odessa. On 14 May 2014 the address Right Sektor militia were postcode involved in a smaller scale Printed & published by the Communist Party. B/01-16
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