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  • Anticonstitutional limitations

    A1plus

    | 12:23:34 | 14-05-2005 | Politics |

    ANTICONSTITUTIONAL LIMITATIONS

    In the civilized world the parties are formed freely without any
    imitations and often withour registration.

    There in no law on parties in the US. They are viewed as inions
    for the formation of which no limitations are provided. Almost in
    all the states of Western Europe no limitations are put for party
    formation. The freedom of formation and activities of the parties are
    regulated by Article 11 of the European Convention on Human Rights. In
    the Eastern European States some limitations referring to the number
    of party members are fixed.

    The definition of the party members in the RA law "On Parties"
    conflicts with the Constitution", constitutional right specialist
    Vardan Poghosyan considers. Article 7 of the acting Constitution
    establishes guarantees of formation and free activity of the parties;
    Article 25 allows every citizen to form parties with other citizens and
    provides for the right of membership. Article 44 put some limitations
    to party activities if it is essential for the state and public
    security, state order, health, public welfare and other rights and
    freedoms, honor and good name. Vardan Poghosyan reminded that the
    Venice Commission adopted a regulation referring to the prohibition
    and dismission of political parties.

    They refer to the propaganda of violence and activities targeted at
    forced overthrow of the constitutional regime and have nothing to do
    with the number of party members. According to the changes inserted
    December 8, 2004 to the law "On Parties", according to which a party
    with less than 2000 members totally and less than 200 members in each
    region is subject to dismissal in the Court of Common Competence.

    As a matter of fact this clause of the law "On Parties" has no
    jurudical power as it was adopted after the law "On Constitutional
    Court" came into force in 1997. The law says that the Constitutional
    Court can decree on suspension or bar the party activities in case
    they conflict with the Constitution demands" Vardan Poghosyan noted.

    Victoria Abrahamyan

    From: Emil Lazarian | Ararat NewsPress
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