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