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| 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