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Law and Politics
Reference:

:

Bondarchuk Il'ya Vladimirovich

PhD in Law

1

295006, Russia, respublika Krym, g. Simferopol', ul. Pavlenko, 5

bondoc@ukr.net
Other publications by this author
 

 

DOI:

10.7256/2454-0706.2016.9.42980

Received:

27-07-2016


Published:

28-09-2016


Abstract: This article discusses the issue of the legislative regulation of the concept and characteristics of public association in the post-Soviet Ukraine. The subject of this research is the legal and actual nature of the concept of “public association”. The author examines the difficulties of the Ukrainian reform in application of some of the European standards of the constitutional law regulation of such institutions of civil society as political parties and public associations. Analysis is conducted on the separate positions of the new Ukrainian law “On Public Associations” of 2012 and their correspondence with the Constitution of Ukraine of 1996. The author substantiates that in the current political legal realities of Ukraine, the administrative approach of the legislator in defining the concept of “public association” is unjustified. The current version of the Ukrainian law “On Associations of Citizens” of 2012 does not correspond with the constitutional thesis on citizens’ right to freedom of formation into political parties and public organizations. Therefore, it is necessary to use the positive experience of application of the norms of the repealed law “On Associations of Citizens” in the legislative practice of Ukraine.


Keywords:

Constitution of Ukraine, constitutionalization, legal regulation, social interests, right to associate, post-Soviet space, civil society, political parties, public associations, freedom of expression

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