Home > 5.1 Nature of the referendum > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 35
 

The question has to be raised whether another type of referendum on popular initiative is possible on “issues of nationwide importance”. According to the positions expressed by the members of the working group on the referendum during the exchanges with the rapporteurs, the draft is intended to allow for popular initiatives on an issue of principle or a generally-worded proposal on “matters of national significance”. However, the possibility of such a fourth type of referendum is currently not supported by the text of the draft. If it is intended that popular initiatives on general questions are permissible, the draft law should be amended consistently – including Articles 30.7, 85 and 100.5. Moreover, the consequences of the approval of the popular initiative should be defined in the law. It is therefore recommended that, should the legislator intend to provide for a referendum upon popular initiative on an issue of principle or a generally-worded proposal, this should be explicitly regulated and the consequences of the approval of the popular initiative should be defined in the law.