POLITICAL PARTIES AND FREEDOM OF ASSOSIATION

PROBLEMS OF THE UKRAINIAN CONSTITUTIONAL TERMINOLOGY

Анотація

The content of the constitutional right to freedom of association in political parties in Ukraine is one of the elements
of this subjective right. Traditionally, the structure of any subjective right is analyzed in the composition of the subjects
of this right, its object (objects), as well as the content, and constitutional subjective rights are not an exception to this
rule. It should be emphasized that this approach is fully justified and should be followed. In studying the content of the
constitutional right to freedom of association in political parties in Ukraine, the question of distinguishing between the
concepts of “union” and “association” arises.
The relevance of the research topic is that European integration processes are currently underway in Ukraine,
which provide for the harmonization of national legislation with human rights standards adopted in the EU. It is within
these processes that the author analyzes and substantiates the need to move to a wider application of the concept of
"association" in national legislation and Ukrainian legal literature.
So far, experts in constitutional law have not analyzed the issue of distinguishing between the concepts of “union”
and “association” in the context of the study of the right to freedom of association in political parties in Ukraine. In
this regard, in writing the article used works devoted mainly to general issues of the theory of state and law (primarily
the development of professors Krestovskaya, Matveeva), as well as general issues of constitutional law in terms of
subjective rights (primarily developed by professors Shapoval, Mishyna). We should also take into the account the
dissertation for the degree of Candidate of Law, devoted to the constitutional right to unite in political parties, that was
submitted by A.M. Moiseev on the materials of foreign law and case law.
The author argues that the need to distinguish between the concepts of “union” and “association” in relation to the
constitutional right to freedom of association in political parties in Ukraine.
The author recommends to abandon the use of the concept of “association of citizens” in favor of the concept of
“association” in Art. 36-37 of the Constitution of Ukraine and bring other laws and bylaws in line with the Constitution
of Ukraine, first of all – the Law “On Political Parties in Ukraine”, where in Art. 2 “The concept of a political party”
gives this definition. Prospects for further research are to use the same thesaurus used by foreign scholars working in
EU countries when studying the right to freedom of association in political parties in Ukraine