26 January 2021, Tuesday, 19:15 89

Rada Adopts Draft Law On An All-Ukrainian Referendum With Possibility Of Raising Questions About Changing Territory And Repealing Laws Adopted By Parliament By Online Voting

Редактор: Daria Zubkova

The Verkhovna Rada has adopted a draft law on an all-Ukrainian referendum, providing for the possibility of raising questions about changing the territory of Ukraine and repealing laws adopted by parliament, including through online voting.

A total of 255 Members of Parliament voted for the adoption of draft law No. 3612, with the minimum required 226, Ukrainian News Agency reports.

According to the document, the all-Ukrainian referendum is held by secret ballot and issues of approval of the law on amendments to Sections I (General Principles), III (Elections. Referendum), XIII (Amendments to the Constitution) of the Constitution, issues of national importance, issues of changes in the territory of Ukraine, as well as on the termination of the laws of Ukraine or their individual provisions.

The draft law notes that the results of voting in an all-Ukrainian referendum do not need approval by any state body, except for issues of national importance, which are mandatory for consideration and adoption in the manner specified by the Constitution and laws.

At the same time, a new referendum on issues that were supported in the referendum can be held no earlier than three years after the announcement of its results, and a new referendum on issues that were not supported in the referendum can be held no earlier than one year after the announcement of its results.

It is envisaged that an all-Ukrainian referendum cannot be held simultaneously with regular and early national elections.

The process of an all-Ukrainian referendum begins the day after the day of the publication of the decree of the President or the resolution of parliament, and ends 15 days after the day the CEC officially announced the results of the all-Ukrainian referendum.

A referendum on the approval of amendments to the Constitution is appointed by the President no later than the 15th day from the date of receipt of the relevant law adopted by the Rada, and after the issuance of the decree, the date of its holding is determined, which is the last Sunday of the 60-day period from the date of the issuance of the decree.

The decree also contains a formulated question, which is submitted to an all-Ukrainian referendum, and a draft law passed by the parliament on amendments to the relevant sections of the Constitution is attached.

A referendum on changing the territory of Ukraine is appointed by the parliament after the President signs the corresponding law on the last Sunday of 60 days from the date of adoption, and a referendum on popular initiative is announced by a presidential decree and is scheduled on the last Sunday of 60 days from the date of the decree.

An all-Ukrainian referendum on a popular initiative is proclaimed at the request of at least three million citizens eligible to vote, provided that signatures regarding the appointment of a referendum are collected in at least two-thirds of the administrative-territorial units specified in Part 2 of Article 133 of the Constitution, and at least 100,000 signatures in each of them.

An initiative group for an all-Ukrainian referendum on a popular initiative is formed at a meeting of citizens of Ukraine, in which at least 300 voters take part; the organizers must notify the CEC at least five days in advance of the date, place and time of such a meeting, and the CEC sends its representative to the meeting to record the fact of the meeting holding.

It is noted that the issue of an all-Ukrainian referendum should be presented in a proposal in the form of an interrogative proposal, offering the voter clear answers "yes" or "no" and have a clear and understandable wording, not to allow different interpretations.

An all-Ukrainian referendum may not be appointed (proclaimed) or conducted in the event of the introduction of martial law or a state of emergency in the country or its individual areas.

The Constitutional Court exercises control over the conformity of the issue submitted to the referendum to the Constitution upon the request of the subject of the right to a constitutional appeal or presentation.

In the course of consideration by the Constitutional Court of such submissions, the process of proclaiming a referendum is stopped, and the Constitutional Court, within 30 calendar days from the date of the appeal, presents its conclusions on the constitutionality of the relevant issue.

The law approved at the all-Ukrainian referendum, which provides for amendments to Sections I, III, XIII of the Constitution and the law on the ratification of an international treaty, which provides for a change in the territory of Ukraine, comes into force 10 days after the day of its official promulgation, but not earlier than the day of its official publication.

The draft law also defines the possibility of introducing electronic procedures in organizing and conducting an all-Ukrainian referendum, including electronic voting.

To ensure the organization and conduct of the all-Ukrainian referendum, the draft law provides for the creation of an automated information and analytical system for providing electronic voting.

The norms on the introduction of electronic voting procedures should come into force from the date of entry into force of the law on the application of innovative technologies for electronic (machine) voting.

An all-Ukrainian referendum is held at the expense of the state budget, and a single cost estimate for its preparation and conduct is approved by the CEC.

The amount of funds for the preparation and conduct of a referendum on the proposal of the CEC is provided for in a separate line in the state budget for the corresponding year.

At the same time, a draft law on amending the state budget regarding financial support for the preparation and conduct of an all-Ukrainian referendum shall be adopted no later than the day the parliament adopts a law on amendments to sections I, III, XIII of the Constitution, a resolution on the appointment of an all-Ukrainian referendum on changing the territory of Ukraine or a resolution on the appointment of an all-Ukrainian referendum on the issue of national importance.

Expenses for the preparation and conduct of an all-Ukrainian referendum can be carried out from the budget reserve fund in the manner determined by the Cabinet of Ministers.

As Ukrainian News Agency earlier reported, in April 2018, the Constitutional Court declared the law on the all-Ukrainian referendum unconstitutional.

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