Home > 5.1.3.1 Gathering of signatures > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 33
 

Under the Draft law (Article 3.2 as explained by Article 19.4), all issues “that affect the entire Ukrainian nation and constitute public interest” can be submitted to referendum. It seems that a question is deemed a “matter of nationwide significance” if it has received the necessary signatures (3 million nationwide, 100,000 in at least 2/3 oblasts as provided in Article 72.2 of the Constitution of Ukraine), with no other criteria imposed. The Venice Commission and ODIHR recommend that the law make clear that no additional criteria must be met on matters of nationwide significance, provided the stipulated number of signatures are gathered. Otherwise, if the collection of a significant number of signatures is not considered a proof of national significance, there should be other clear objective criteria for a proposed question to be deemed one of nationwide significance; in this case, the Draft law should provide which body is authorised to determine in the first instance whether or not the question meets those criteria.