Date of entry into force:
November 28, 2012
(Abstract)
The Law determines the legal foundations,
organization and procedure for holding the national referendum.
According to Article 1 of the Law, the
national referendum is one of the forms of direct democracy in Ukraine, the
means of direct exercise of power by the Ukrainian people, which entails the
making (approval) of decisions on the issues of national importance by citizens
of Ukraine, through a secret ballot, according to the procedure established by
the Law.
Article 3 of the Law establishes that the
subject of a national referendum can be any issues, except those that cannot be
decided through a referendum according to the Constitution of Ukraine and the
laws of Ukraine. A national referendum can be used to decide several questions
on the same issue. The following types of a national referendum exist,
depending on its subject:
·
on approval of the new version of the Constitution of Ukraine, amendment of
the Constitution of Ukraine, withdrawal, expiration or declaring null and void
a law on amendment of the Constitution of Ukraine (constitutional referendum);
·
on changing the territory of Ukraine (ratification referendum);
·
on approving or withdrawing a law of Ukraine, or amending a current law of
Ukraine (legislative referendum);
·
on any other issue, except those that cannot be decided through a
referendum according to the Constitution of Ukraine (general referendum).
The voting right at the national
referendum is granted to citizens of Ukraine aged 18 or older as of the day of
voting. Citizens of Ukraine that hold a voting right at the national referendum
are the participants of the national referendum. The basis for a citizen of
Ukraine to exercise their voting right at the national referendum is their
inclusion in the list of participants of the national referendum at the voting
district of the national referendum. A participant of a national referendum
exercises their voting right during a national referendum according to the
procedure established by the Law (Article 6 of the Law).
The entities that can initiate and appoint
(announce) a national referendum are determined in Article 14 of the Law.
According to Article 15 of the Law, a
national referendum by public initiative is a means for citizens of Ukraine to
decide on issues of national importance, with regard to the limitations
established by the Constitution of Ukraine and the Law. Through a national
referendum held by public initiative, the Ukrainian people, as the bearer of
sovereignty and the only source of authority in Ukraine, can exercise their
exclusive right to determine and change the constitutional order in Ukraine, by
adopting the Constitution of Ukraine (the statutory authority) according to the
procedure determined by the Law. Through a national referendum held by public
initiative, the Ukrainian people, as the bearer of sovereignty and the only
source of authority in Ukraine, can express their will to adopt the new version
of the Constitution of Ukraine, amend the Constitution of Ukraine, or withdraw
or declare expired, or null and void a law on amendment of the Constitution of
Ukraine, according to the procedure determined by the Law.
Through a national
referendum held by public initiative, the Ukrainian people, as the bearer of
sovereignty and the only source of authority in Ukraine, can express their will
to adopt (amend) Laws of Ukraine, except for laws that cannot be adopted
through a referendum according to the Constitution of Ukraine, withdraw Laws of
Ukraine, declare Laws of Ukraine or their separate provisions to be expired or
null and void, according to the procedure determined by the Constitution of
Ukraine and the Law. A national referendum can be held by public initiative on
all issues, except those that cannot be decided through a national referendum
according to the Constitution of Ukraine.
A national referendum to approve a new
version of the Constitution of Ukraine, amend the Constitution of Ukraine, or
withdraw or declare expired or null and void a law on amendment of the
Constitution of Ukraine is a means for the Ukrainian people to exercise their
right to determine the constitutional order of Ukraine by adopting a new
version of the Constitution of Ukraine through a national referendum. A
national referendum to adopt a new version of the Constitution of Ukraine,
amend the Constitution of Ukraine, or withdraw or declare expired or null and void
a law on amendment of the Constitution of Ukraine is announced by the President
of Ukraine by public initiative (Article 16 of the Law).
Article 17 of the Law envisages that a law
draft to amend Chapter I, “General Principles”, Chapter III “Elections.
Referendum” or Chapter XIII “Amendment of the Constitution of Ukraine” is
submitted to the Verkhovna Rada of Ukraine by the President of Ukraine or
people’s deputies of Ukraine that constitute at least two-thirds of the
constitutional membership of the Verkhovna Rada of Ukraine, and, if voted for
by at least two-thirds of the constitutional membership of the Verkhovna Rada
of Ukraine, is approved through a national referendum.
According to Article 18 of the Law, the
national referendum to change the territory of Ukraine is a means for the
Ukrainian people to make a decision to approve a law on ratifying an
international agreement about changes to the territory of Ukraine.
The referendum question is a text that
presents the referendum proposal, in the form of a question that calls for a
clear “yes” or “no” answer from a participant of a national referendum. The
referendum question must have a clear and understandable form allowing for no
ambiguity of interpretation (Article 19 of the Law).
According to Article 20 of the Law, a
national referendum cannot be initiated in relation to law drafts in the issues
of:
·
taxes;
·
budget;
·
amnesty.
The issue of changing the territory of
Ukraine cannot be presented (initiated) for a national referendum by public
initiative. The texts of the new version of the Constitution of Ukraine and law
drafts presented to the constitutional and legislative referendums must not
cancel or limit the nature and scope of the existing human and citizen rights,
or be directed at the liquidation of independence or violation of the
territorial integrity of Ukraine.
Article 21 of the Law forbids appointing
or holding a national referendum in the state of martial law or the state of
emergency on the entire territory of Ukraine.
The principles for organizing and holding
a national referendum are envisaged in Article 22 of the Law.
The process entities of the appropriate
type of national referendum, in cases provided for by the Law, are:
·
citizens of Ukraine (participants of the national referendum);
·
the President of Ukraine, being the entity that appoints (announces) the
national referendum;
·
the Verkhovna Rada of Ukraine, being the entity that initiates and appoints
the national referendum;
·
the national referendum commission, created according to the Law or the Law
of Ukraine “On the Central Election Commission”;
·
the national referendum initiative group, created according to the Law;
·
official observers from the national referendum initiative group,
registered according to the requirements of the Law;
·
international observers, registered according to the requirements of the
Law.
The procedure of appointing (announcing)
an international referendum is established by Chapter II of the Law.
According to Article 29 of the Law, the
national initiative to hold a national referendum is carried out by
participants of the national referendum, by collecting their signatures under a
request for referendum. The President of Ukraine must announce a national
referendum held by public initiative, if the referendum issues do not violate
the requirements of the Constitution of Ukraine, the Laws of Ukraine, and if
the request to hold it has been signed by at least 3 million citizens of
Ukraine with the right to vote, provided that the signatures were collected in
at least two-thirds of regions, with a minimum of 100,000 signatures in each
region. The collection of signatures under the request to hold a national
referendum is organized and carried out by the national referendum initiative
group, created and acting according to the Law. The collection of signatures
under the request to hold a national referendum on a certain issue is carried
out during 40 days after the registration of the national referendum initiative
group that suggests taking the respective issue to a national referendum.
The national referendum initiative group
is created according to the procedure envisaged by Article 30 of the Law.
The national referendum is held in a
single national referendum district, which covers the entire territory of
Ukraine and the foreign district (Article 37 of the Law).
The system of referendum commissions that
prepare and hold the national referendum include:
·
the Central Election Commission, being the central referendum commission;
·
district referendum commission;
·
precinct referendum commission.
Article 44 of the Law determines the
authority of the national referendum commissions.
District referendum commissions are
created by the Central Election Commission no later than 40 days before the day
of voting on the national referendum, consisting of the head, deputy head,
secretary, and other members of the national referendum commission (Article 45
of the Law).
Article 46 of the Law establishes that a
precinct referendum commission is created by the respective district referendum
commission, no later than 20 days before the day of the voting on the national
referendum, consisting of the head, deputy head, secretary, and other members
of the referendum commission.
Early withdrawal of authority of a
referendum commission or a member of a referendum commission is regulated by
Article 51 of the Law.
According to Article 53 of the Law, lists
of referendum participants for regular referendum precincts are prepared by the
authorities that keep the State Voter Register, according to the Law of Ukraine
“On the State Voter Register” and according to the procedure established by the
Central Election Commission. The preliminary list of the precinct referendum
participants includes citizens of Ukraine that are or will be 18 or more years
of age on the day of voting, that hold the right to vote, and whose electoral
address is attributed to the respective referendum precinct according to the
information in the State Voter Register. A referendum participant can only be
included in the list of referendum participants on one referendum precinct.
Expenses related to holding a national
referendum, except for expenses related to collecting signatures under the
request to hold a national referendum, are financed from the State Budget of
Ukraine. Financial support of preparing and holding a national referendum at
the expense of the State Budget of Ukraine funds allocated to preparing and
holding a national referendum is carried out by the Central Election
Commission, being the principal administrator of these funds. The amount of
funds for preparing and holding a national referendum by suggestion of the
Central Election Commission is provided for by a separate item in the Law on
the State Budget of Ukraine, or determined by another law (Article 59 of the
Law).
Chapter VII of the Law establishes the
guarantees for the work of the referendum process entities and official
observers.
According to Article 70 of the Law,
referendum campaigning can be held in the following forms:
·
holding meetings with the public, and other meetings with referendum
participants;
·
holding rallies, walks, demonstrations and pickets;
·
holding public debates, discussions, round tables and press conference
related to the referendum issues and provisions of the official referendum
information materials;
·
publishing reports, interviews, skits, video films, audio and video clips,
other materials and notices related to the referendum issue, in printed and
audiovisual (digital) mass media;
·
distribution of leaflets, posters and other printed campaign materials, or
publications containing the referendum campaign materials;
·
public calls to vote for or against the referendum issue, or public
evaluations of the nature of the referendum issue;
·
other forms that do not contradict the Constitution and the Laws of
Ukraine.
The procedure for voting and establishing
the referendum results is determined by Chapter IX of the Law.
According to Article 83 of the Law, if a
participant of the national referendum was included in the precinct list of
referendum participants, but cannot move independently due to their age, disability
or health condition, the precinct referendum commission provides them with an
opportunity to vote at the place of their residence (stay).
The grounds and procedure for declaring
voting on a referendum precinct invalid by the precinct referendum commission
are determined by Article 87 of the Law.
A question taken to a national referendum
is considered approved if over half of the referendum participants that took
part in the voting voted positively on the question (Article 93 of the Law).
Article 95 of the Law envisages that the
results of the expression of the people’s will at a national referendum held by
public initiative are final, do not require approval or adoption by any state
authorities, and are binding for citizens of Ukraine and the state authorities
of Ukraine it is relevant for and in whose scope of authority it is included.
The legal consequences of a national
referendum appointed by the President of Ukraine and the Verkhovna Rada of
Ukraine are envisaged by Article 96 of the Law.
Chapter XI of the Law determines the
procedure for contesting decisions, actions or inaction in relation to the
national referendum process.
According to Article 107 of the Law,
persons guilty of violating legislation on the national referendum are brought
to disciplinary, administrative or criminal liability, according to the
procedure established by law.
The final provisions of the Law provide
for declaring ineffective the Law of Ukraine “On the National and Local
Referendums” N 1286-XII of July 3, 1991.
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