ON THE ISSUE OF THE STUDY OF FREEDOM OF ASSOCIATION IN POLITICAL PARTIES

Abstract

In Ukraine considerable attention is paid to the availability of membership in political parties for every citizen of Ukraine who has the right to vote – because the exercise of passive suffrage is possible only if included in the electoral list of candidates from the party in the national constituency, or if you sign the application to run as a candidate for deputy in each single-member constituency by the party leader and sealing it with the party seal. Thus, the analyzed constitutional right becomes essential. Ukraine’s aspirations for European integration stipulate that an important scientific task is to develop proposals for further improvement of Ukrainian legislation in this area, and for this it is necessary to assess the existing researchers. This is important in connection with the urgency of Europeanization of the constitutional law of Ukraine. The purpose and task of the article was an analytical assessment of the work of A.M. Moiseev, who analyzed the rules of law governing the activities of political parties, public authorities, as well as citizens on the exercise of the right to association. He also studied a number of international legal acts in this area, the legislation of some foreign countries, as well as the practice of courts at various levels. Author concludes, that A.M. Moiseev chose a rather complex research topic. This is due not only to the fact that political rights and freedoms are difficult to analyze from a theoretical point of view – because the historical practice of democratic existence after leaving the USSR is quite small, and therefore – the doctrinal basis as well. A similar remark can be addressed to the experience of normative regulation of all aspects of the constitutional right of citizens to unite in political parties – during the existence of a one-party system it was diametrically opposed to modern, and therefore not of much interest to modern researchers. The research of A.M. Moiseev has the high level of the complexity, and the fact that he decided to combine theory and practice – in terms of studying the case law of the selected right. This approach should be welcomed, because it increases the relevance of the study and the possibility of applying the conclusions and suggestions formulated by the author.