Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.3p
Introduction. The paper analyses the administrative and legal framework governing the cancellation of political party registration in Ukraine due to the failure to nominate candidates in nationwide elections over a ten‑year period. The study outlines the constitutional foundations of party activity, as reflected in the decisions of the Constitutional Court of Ukraine, with emphasis on the constitutional purpose of political parties, the limits of freedom of association, and the requirement of continuous political participation as an element of democratic pluralism. The purpose of the paper is to clarify the legal nature and constitutional justification of the ten‑year non‑nomination rule and to assess its practical application. The research aims to determine the legal meaning of this period, analyse whether martial law affects its calculation, and evaluate scholarly proposals concerning the introduction of pre‑trial mechanisms for addressing violations. Results. The paper demonstrates that recent case law of the Supreme Court and appellate administrative courts has established a uniform approach to interpreting the ten‑year period as a continuous timeframe immediately preceding the Ministry of Justice’s application to the court. It is shown that cancellation of party registration is not a sanction but a legal acknowledgement of the factual absence of political activity. The analysis confirms that martial law does not suspend or interrupt the calculation of the period, as legislation provides no such exceptions. Academic proposals to introduce a pre‑trial mechanism are critically assessed and found incompatible with the constitutional nature of political parties and the principle of legal certainty. Conclusion. The paper concludes that the mechanism for cancelling political party registration is systemic, constitutionally grounded, and essential for ensuring genuine political competition and maintaining the stability of the party system. The ten‑year non‑nomination rule functions as an objective indicator of the absence of political activity and ensures that the register of political parties reflects entities that fulfil their constitutional role in a democratic society.
Keywords : political party, administrative justice, electoral process, state oversight of political parties, constitutional procedural time limit, legal positions of the Constitutional Court of Ukraine, case law, constitutional and legal foundations
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