According to experts, the absence of a law regulating local referendums is leading to attempts to improperly use the mechanism
Experts from the Election Law Institute and the Verkhovna Rada Committee on State Building and Local Self-Government have drafted revisions to the law on local referendum for consideration in the second reading. The working group was supported by the Democratic Practice Program Initiative of the International Renaissance Foundation.
According to experts, the absence of a law regulating local referendums is leading to attempts to improperly use the mechanism. An example of this is the unconstitutional and illegal “referendum” in Crimea, which was not recognized by the international community, and speculation about holding similar “referendums” in certain oblasts of Ukraine.
The main provisions of the revised draft law:
– a local referendum can only be held at the level of a territorial community; a referendum on the level of the raion or oblast does not comply with the Constitution of Ukraine;
– the subject of a local referendum is a local issue. Issues that fall within the power of the state (security, international relations) can’t be the subjects of a local referendum;
– an issue put to a referendum must be clear and answerable either “yes” or “no”. Issues that are suggestive in nature or combine more than one issue are prohibited. It is proposed that local referendums be held only on one issue at a time;
– administrative and judicial control (by the territorial election commission) over compliance with the law as to the subject and issue of a referendum is to be introduced at the stage of initiation;
– results of a local referendum:
· a referendum is deemed invalid if less than 50% of voters registered in a territorial community do not vote in the referendum;
· if a referendum is held and more than 50% of the voters who participated answered either “yes” or “no” to the referendum question, the legal act that was put to a referendum is considered either accepted or rejected, respectively;
· if a referendum is held but less than 50% of the voters who participated answered either “yes” or “no”, the referendum is considered to have not provided an answer to the question and the corresponding legal act is not accepted;
– local branches of political parties and civil society organization can participate in preparing and conducting a local referendum, including monitoring them, if they are registered with the relevant territorial election commission as supporters or opponents of the referendum issue. Parity is to be upheld between supporters and opponents, particularly during the campaign and formation of polling station commissions.
The law on local referendums was adopted in the first reading in 2011.
Contacts:
Election Law Institute
Yevhen Radchenko
+380 50 310 85 42
