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0HSffl East European Scientific Journal #11(96), 2023 y^K 341.645
Palyulin A. Y.
Postgraduate student of the Department of Fundamental legal, social and humanitarian disciplines Moscow Financial and Industrial University "Synergy" (Moscow) 125315, Moscow, Leningradsky Avenue, 80, building G
Tel. +7-917-575-50-50
THE BAN ON COMMUNIST IDEOLOGY IN WESTERN PARTY SYSTEMS IN THE DECISIONS OF THE ECHR
DOI: 10.31618/ESSA.2782-1994.2023.1.96.420 Abstract: Western party systems provide examples of ideological bans on parties and lustrations in relation to parties and citizens whose goals, in the opinion of the registration authority, were or could be violations of human rights and freedoms and undermining national sovereignty. The question of the effectiveness of such a measure in the context of compliance with democratic principles remains open1. Studying this experience can be useful both for considering foreign party systems and for choosing the vector of development of the Russian party system.
Keywords: communism, ECHR, Germany, ideology, Latvia, party system, political parties, political system, Turkey
According to the ruling of the Federal Constitutional Court of August 17, 1956 against the Federal Republic of Germany2, Max Reimann and Walter Fisch, members of the steering committee of the relevant party, filed a complaint . The applicants asked the European Commission of Human Rights to find that the dissolution and prohibition of the Communist Party of Germany by the authorities of the Federal Republic of Germany violated their rights granted to them by the Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force in Germany on 3 September 1953 . 3The Federal Constitutional Court issued a decision on August 17, 1956 4, recognizing the decision to ban the German Communist Party as legal and in accordance with the Convention on Human Rights. This was one of the first, but not the last, cases of ideological discrimination in the party systems of foreign countries.
The results of the decision of the Federal Constitutional Court declared the Communist Party of Germany unconstitutional. The German Communist Party was dissolved. The creation of organizations replacing the German Communist Party, or the continuation of existing organizations seeking to achieve such a replacement, is prohibited. The property of the German Communist Party must be confiscated by the Federal Republic of Germany and used for the benefit of the public.
The applicants relied on the provisions of Articles 9 to 11 of the Convention 5to substantiate their claims, while the Government of the Federal Republic of Germany argued that the dissolution of the Communist Party of Germany by the decision of the Federal Constitutional Court was based on law and compatible with the Convention, in accordance with Article 21 of the Basic Law of the Federal Republic of Germany , which reads as follows: "Parties whose goals or actions of supporters are aimed at harming or eliminating the foundations of a free democratic system or threatening the existence of the Federal Republic of Germany are considered unconstitutional. The question of unconstitutionality is decided by the Federal Constitutional Court 6. "
The rights and freedoms mentioned in Articles 911 of the Convention 7may be limited by law, in accordance with the terms of these articles. Article 17 of the Convention contains a more general provision: "Nothing in this Convention may be interpreted so as to give a State, a group of persons or an individual the right to engage in activities or carry out actions aimed at abolishing the rights and freedoms recognized by this Convention or at restricting These rights and freedoms are greater than those provided for in the convention 8.
Whereas the goal of the Communist Party is the establishment of a socialist-communist system through
1 Tyulkina S. Banning the activities of political parties: an effective tool for protecting democracy? //Comparative constitutional review. 2013. No. 3 (94). P. 74.
2 Entscheidungen des Bundesverfassungsgericht. Vol . 5. 1956 .
3
European Convention on Human Rights // European Court of Human Rights [Electronic resource ]: URL: https://www.echr.coe.int/documents/d/echr/Convention_RUS (access date: 09/27/2023)
4Right there.
5Right there.
6Article 21 "Basic Law of the Federal Republic of Germany" (Adopted on May 23, 1949) // SPS Consultant Plus
7
European Convention on Human Rights // European Court of Human Rights [Electronic resource ]: URL : https :// www . echr . coe . int / documents / d / echr / Convention _ RUS (date of access: 09/27/2023)
8There same .
the proletarian revolution and the dictatorship of the proletariat (according to the statements of the Communist Party of Germany, reproduced in the decision of the Federal Constitutional Court 9, it is necessary to prevent totalitarian attempts to use the principles proclaimed in the convention to suppress human rights, considering that the German Communist Party, according to its own declaration, still follows the principles of the proletarian revolution and the dictatorship of the proletariat 10.
Although it can be said that the activities of the Communist Party are aimed at coming to power exclusively by constitutional means provided for by the Basic Law of the Federal Republic of Germany, this in no way means that the party has abandoned its traditional goals; on the contrary, the above statements confirm its unwavering commitment to these goals, while, according to the applicants themselves, the achievement of these ultimate goals requires the passage of certain stages. However, they still adhere to the basic communist doctrine that the dictatorship of the proletariat is the most important of its goals, taking into account that calling for a dictatorship to establish such a regime is contrary to the Convention, since it abolishes many of the rights and freedoms enshrined in it. The decision is a landmark case establishing restrictions on freedom of expression that threaten democracy or are based on totalitarian doctrine 11. Many of the same arguments set out in this decision were repeated by the European Court of Human Rights when it upheld the ban on the Welfare Party in the Refah case Partisi (Welfare Party) and others against Turkey in 2001.
In this regard, we need to recall Turkey's legal experience in protecting the ideological system, which demonstrates to us the modern party tendencies of the geopolitical East, free from the colonial past. To do this, we need to consider the main aspects of the case "United Communist Party of Turkey and Others v. Turkey" from 1990 on the prohibition of registration of the Communist Party and the subsequent reversal of such a decision of the European Court of Human Rights on June 14, 1990. 12The United Communist Party of Turkey prepared to participate in the general elections into the parliament in 1990, but the Chief State Counselor appealed to the Turkish Constitutional Court to dissolve it. The United Communist Party of Turkey was accused of seeking to establish the dominance of
Entscheidungen des Bundesverfassungsgericht . Vol . 5. 1956. P. 163
10Right there. pp. 191, 193-195.
11Benedek W., Kettemann M. Freedom of expression and the Internet // Council of Europe. [Electronic resource ]: URL: https :// rm . coe . int / prems -167417-gbr -1201- freedom - of - expression - on - internet -web -16 x 24/1680984 eae (date of access: 09/28/2023)
12Resolution of the ECHR dated January 30, 1998
"Case "United Communist Party of Turkey (United
Communist Party of Turkey ) and others against
one social class over others, using the word "communist" in its name, undermining the territorial integrity of the state and declaring itself the successor to the Communist Party of Turkey, which existed from 1920 to 1988. The Chief State Counselor's appeal to the Constitutional Court quoted the program of the United Communist Party of Turkey, which spoke of the need to resolve the Kurdish problem peacefully and democratically.
Already on July 16, 1991, the Constitutional Court of Turkey decided to ban the United Communist Party of Turkey. The party was liquidated and its property transferred to the Treasury according to Law No. 2820 13. The founders and leaders of the party were prohibited from holding similar positions in other political bodies. The court rejected arguments about the superiority of one social class and the impossibility of a party declaring itself the successor of a previously liquidated party. He also indicated that the name of the party contained a prohibited word, which was the basis for its liquidation. The court concluded that the party's charter and program contained statements that could undermine the territorial integrity of the state and the unity of the nation. The court confirmed that there is only one nation in Turkey and rejected provisions in the party charter that support non-Turkish languages and cultures. He also noted that self-determination and regional autonomy are prohibited by the Constitution, and the state is unitary and indivisible. Turkish citizens, including citizens of Kurdish origin, can express their identity, but do not have the right to form separate nations or minorities. Therefore, the court found the party's goals of promoting separatism and division unacceptable and justified its liquidation.
In connection with the consideration of this case, the court came to the conclusion that the provision of Article 11 of the Convention was violated 14, that consideration of the issue of violation of other articles of the Convention is not required 15, rejected the requirements for fair compensation for damage caused to the United Communist Party of Turkey, and came to the conclusion that the mere establishment of a violation is a sufficient form of just compensation for any harm caused to applicants Sargin and Yagchi .
The court made the following decision: the respondent State undertakes to pay the applicants Sargin and Yagchi 120,000 (one hundred and twenty thousand) French francs within three months as
Turkey" (complaint No. 19392/92) // SPS Consultant Plus.
132820 Sayli Siyasi Partiler Kanunu // Mevzuat . [Electronic resource ] : URL : https :// www . mevzuat . gov . tr / mevzuatmetin /1.5.2820. pdf (access date: 09/02/2023)
14European Convention on Human Rights // European Court of Human Rights: website. URL : https :// www . echr . coe . int / documents / d / echr / Convention _ RUS (date of access: 09/27/2023) 15Art. 9, 10, 14 and 18 cm. ibid.
compensation for legal costs and expenses. These amounts must be converted into Turkish Liras at the exchange rate on the day of payment. After the expiration of the three-month period, simple interest is charged at the rate of 3.87% per annum until the final payment of the specified amounts. The court rejected the applicants' remaining claims for fair compensation. This decision was taken in English and French and announced at a public hearing in the Human Rights Building in Strasbourg on January 30, 1998.
The experience of Western countries is varied and is not limited to the banning of political parties. Let's look at the example of lustration in Latvia using the example of the case " Zhdanok v. Latvia". Tatiana Zhdanok joined the Communist Party of Latvia in 1971, when the party itself was part of the CPSU. In January 1991, the KPL participated in an attempted coup in Latvia. In March of the same year, the results of a national poll conducted in Latvia confirmed support for the ideals of national independence. Latvia declared its full independence in August 1991, and the Communist Party of Latvia was declared illegal and later dissolved. 16However, Zhdanok remained a member of parliament until June 1993.
In 1998, Zhdanok tried to run in the parliamentary elections, but her candidacy was rejected by the Central Election Commission. In January 1999, the Latvian Prosecutor General's Office went to court to prove that Zhdanok was a member of the Communist Party of Latvia after the coup attempt. The Riga District Court granted the request of the prosecutor's office, rejecting Zhdanok's complaint. As a result, Zhdanok was deprived of the right to hold elected positions 17.
Zhdanok also failed to register as a candidate in the 2002 parliamentary elections. In none of these cases were criminal charges brought against Zhdanok. The Latvian authorities had the right to deprive Zhdanok of the right to run for office, considering her views incompatible with an independent democratic process. Zhdanok did not refute these assumptions in court.
Political parties created on the basis of ideological principles are subject to restrictions existing in the legislation of some countries. Usually the list of prohibited ideologies is not specified, but there are certain exceptions. In Italy, for example, the restoration of a fascist party is prohibited 18, and in Poland, legislation prohibits political parties and organizations that promote totalitarian ideologies, racial or national
16"The activities of the Communist Party of Lithuania are banned" // Interfax: news. [Electronic resource ] : URL : https://www.interfax.ru/30years/784046 (date of access: 09/26/2023)
17
"Case of Zdanoka v. Latvia" // HUDOC - European Court of Human Rights. [Electronic resource]: URL: https ://hudoc.echr. coe.int/rus/#%7B%22itemid%22 :[
%22001-185937%22]%7D (access date: 09/26/2023)
18
Art. 12. Transitional and final provisions of the
Constitution of the Republic of Italy. Constitutions of the countries of the world. Reader / Comp. D.V. Kuznetsov. In 7 parts. Part 2. Europe.
hatred, and violence 19. Some parties may be banned or denied registration due to ideological prohibitions under national law. For example, the Ukrainian Law on the Condemnation of the Communist and National Socialist Regimes 20became the reason for the ban of the Communist Party of Ukraine.
The European Court of Human Rights has also dealt with the refusal to register or liquidate political parties on the basis of their ideological principles. The court did not always agree with the decisions of the authorities and recognized the refusals as unfounded. For example, in the case of refusal to register the Communist Party of Bulgaria and the United Communist Party of Turkey, the European Court considered that the reasons given by the authorities were insufficient and inappropriate. An important argument was that the choice of party name or the use of certain terms could not be grounds for the dissolution of the party.
It is hereby proposed to limit the registration of political parties in Russia that support integration into the international political space as a subordinate power. This proposal is based on the fact that such integration limits the sovereignty, legal and ideological independence of Russia, calls into question the supremacy of national law and implies the acceptance of obligations to international organizations that have jurisdiction over the national branches of government in Russia.
The integration of Russia as a subordinate country into the international political space limits its sovereignty. Accepting obligations to international organizations such as the ICC, the ECHR and the European Parliament undermines decisions taken at the national level and limits the country's ability to develop independently. Accepting obligations to jurisdictional supranational bodies may reduce the powers of the national branches of government in Russia and lead to the impossibility of independently resolving national issues. This can lead to a loss of control over one's own affairs and a reduction in sovereignty.
Literature:
1. "The activities of the Communist Party of Lithuania are banned" // Interfax: news. [Electronic resource ]: URL :
https://www.interfax.ru/30years/784046 (date of access: 09/26/2023)
Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2014. 1054 p. P. 152. 19Art. 13 of the Constitution of Poland. Constitutions of the countries of the world. Reader / Comp. D.V. Kuznetsov. In 7 parts. Part 2. Europe. Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2014. 1054 p. P. 723. 20
"Law on the condemnation of the communist and national socialist regimes" // Legislation of the CIS countries. [Electronic resource].: URL: https://base.spinform.ru/show_doc.fwx?rgn=77561 (access date: 09/26/2023)
2. European Convention on Human Rights // European Court of Human Rights [Electronic resource ]: URL: https://www.echr.coe.int/documents/d/echr/Conventio n_RUS (access date: 09/27/2023)
3. "Law on the condemnation of the communist and national socialist regimes" // Legislation of the CIS countries. [Electronic resource ].: URL : https:// base. spinform.ru/show_doc.__fwx?rgn=77561 (access date: 09/02/2023)
4. Constitutions of the countries of the world. Reader / Comp. D.V. Kuznetsov. In 7 parts. Part 2. Europe. Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2014. 1054 p.
5. "Basic Law of the Federal Republic of Germany" (Adopted on May 23, 1949) // SPS Consultant Plus.
6. ECHR Ruling of January 30, 1998 Case of the United Communist Party of Turkey Turkey ) and others against Turkey" (complaint No. 19392/92) // SPS Consultant Plus.
7. Tyulkina S. Banning the activities of political parties: an effective tool for protecting democracy? //Comparative constitutional review. 2013. No. 3 (94). pp. 74-81.
8. Benedek W., Kettemann M. Freedom of expression and the Internet // Council of Europe. [Electronic resource]: URL: https://rm.coe.int/prems-167417-gbr-1201-freedom-of-expression-on-internet-web-16x24/1680984eae (access date: 09/28/2023)
9. "Case of Zdanoka v. Latvia" // HUDOC -European Court of Human Rights. [Electronic resource]: URL : https :// hudoc . echr . coe . int / rus /#%7 B %22 itemid %22:[%22001-185937%22]%7 D (date of access: 09/02/2023)
10. 2820 Sayli Siyasi Partiler Kanunu // Mevzuat . [Electronic resource]: URL: https://www.mevzuat.gov.tr/mevzuatmetin/1.5.2820.p df (access date: 09/02/2023)
11. Entscheidungen des Bundesverfassungsgericht . Vol . 5. 1956.
Khusanov Elshod
NUUZ, PhD student Phone: +998906392070
METHODOLOGICAL ISSUES OF ECOLOGICAL EDUCATION
Annotation: At the basis of the civilization of society lies education - the transfer of experience and knowledge, culture and spirituality acquired by ancestors to future generations. Therefore, the problem of human survival on the Earth in the current harsh environmental conditions depends on the education system based on the interaction between man and nature. From this point of view, it is scientifically based that the development of sustainable ecological culture among all citizens, including students, is of great importance in order to eliminate environmental problems and prevent them.
Key words: ecological education, student youth, social consciousness, ecological knowledge, ecological culture, ecological problems
Enter. Any culture formed within the framework of social consciousness will have its own direction and content in society. Social culture, which expresses these different contents and essences, is formed by mankind. Along with concepts of political culture and legal culture, ecological culture also has an important status in social life. Thanks to ecological culture, a person gives new beauty and decorations to the purpose, content, essence, form, etc. of his life. Therefore, the problems of regulating relations between society and nature have always been the object of scientific research and research in the society regarding the formation of ecological culture, based on the spirit of the times and times, human demands and needs.
Consequently, consistent research on the correct organization of nature-human relations, based and studied in scientific circles, requires the analysis of the ecological situation, the creation of scientific and theoretical conclusions, and the development of appropriate measures . is given separately. It is said that the complex, systematic study of the human influence on environmental change has gained great practical importance, and it is said that there is a need to develop its pedagogical aspects and principles along with its scientific and methodological foundations. Because
these foundations and principles express the differentiation of natural, concrete, technical, technological, social, humanitarian sciences, especially the integration of interdisciplinary and special research methods, by turning environmental problems into an object of scientific knowledge.
The main strategic goal of socio-economic changes and reforms implemented in Uzbekistan is to create decent living conditions for people. In turn, within the framework of this goal, it is necessary to ensure a stable ecological situation in the country, to systematically study its objective and subjective factors. Therefore, any socio-economic changes and reforms will have their meaning only if human ecological safety is ensured. In the current period, the mutual commonality of criteria and transformation processes defining the world ecological landscape determines the content and nature of global problems. Therefore, it is a fact that ecological culture has a unique status and place in global problem solving.
In scientific circles, ecological culture is defined as an expression of human activity aimed at coordinating the interaction and connection of society and nature. Therefore, ecological culture in society is formed and developed in a state that is not separated
