The Law of Ukraine “On the All-Ukrainian Referendum” was adopted

On January 26, 2020, the Verkhovna Rada of Ukraine adopted in the second reading the  Law of Ukraine “On the All-Ukrainian Referendum”. The law meets European standards and takes into account most of the recommendations of the Venice Commission and the OSCE. The draft law was prepared in an open and inclusive manner.

At the end of 2012, the Law of Ukraine «On the All-Ukrainian Referendum” was adopted, which established the possibility of holding manipulative referendums and expanded the scope of subject matters of the referendum to the adoption of a new Constitution and laws in a referendum without the participation of Parliament. On April 26, 2018, the Constitutional Court of Ukraine declared this law unconstitutional. Therefore, from April 2018, a legislative gap occurred, which required an immediate response from Parliament.

The new Law defines 4 types of subject matters of the all-Ukrainian referendum. The following issues may be subject matters: 1) approval of the law on amendments to sections I, III, XIII of the Constitution of Ukraine; 2) the issues of national importance; 3) on the change of the territory of Ukraine; 4) on the repeal of the law of Ukraine or its separate provisions. Only one issue can be put to an all-Ukrainian referendum.

In the first case, the Verkhovna Rada of Ukraine must adopt a law amending Sections I, III, and XIII of the Constitution of Ukraine, after which the President of Ukraine shall declare an all-Ukrainian referendum. In case of approval of the law by referendum, the Constitution is amended 10 days after the day of official publication of this law *.

The referendum on the people’s initiative concerns the issue of national importance or the repeal of the law (a separate provision of the law). In this case, at least 300 citizens at the meeting form an initiative group consisting of at least 60 voters. Next, the initiative group must collect at least 3 million signatures in support of the referendum in two-thirds of the administrative-territorial units, after which the President of Ukraine declares an all-Ukrainian referendum.

If an issue of national importance was supported in a referendum, public authorities and their officials are obliged to implement (fulfill) the supported issue.

If the repealing law was supported in a referendum, the law or some of its provisions shall expire 10 days after the official promulgation of the repealing law*. In this case, the Verkhovna Rada of Ukraine cannot adopt the repealed law in the same wording within 3 years.

If the repealing law was not supported in the referendum, this issue can be raised again a year after the announcement of the referendum results.

Provisions of the Law on the Repealing Referendum will come into force on the day the Law on the People’s Legislative Initiative enters into force, but not later than January 1, 2022.

A referendum on the change of the territory of Ukraine shall be appointed by the Verkhovna Rada of Ukraine in the event that the Parliament adopts a law on the ratification of an international agreement on the change of the territory of Ukraine. Therefore, a referendum on this issue is needed to approve the relevant law on ratification of an international agreement. If the law has been approved, the change of territory takes place 10 days after the day of official publication of this law *.

According to the law, a referendum is considered to have taken place if at least 50% of the voters included in the State Register of Voters took part in voting at the referendum. An issue is considered supported if more than half of the voters who took part in the voting supported it.

We welcome the introduction of the formation of commissions on the all-Ukrainian referendum based on the principle of proportionality in terms of the number of supporters and opponents of the subject matter of the referendum.

In particular, the Law provides for the possibility of electronic voting in a referendum. However, these provisions will not come into force until a special law is passed regulating electronic voting in both referendums and elections.

The provisions on supporting the people’s initiative by submitting applications in electronic form will come into force after the CEC puts into operation an automated information and telecommunication system.

Adoption of the Law On the All-Ukrainian Referendum will finally allow Ukrainians to exercise their constitutional right to express their will through a referendum and is a step forward in establishing democracy in Ukraine.

* unless otherwise provided by the Law itself, but not earlier than the day of its official publication