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 38
 

Article 75 of the Constitution of Ukraine provides that the sole body of legislative power in Ukraine is the Parliament — the Verkhovna Rada of Ukraine. It does not entrust any other entity with legislative powers. Accordingly, the provisions of the Draft law on the possibility to hold the all-Ukrainian referendum on repealing the Law of Ukraine or separate provisions of a given law (sub-paragraph 1.4 of Article 3 and others related provisions) might be problematic and could lead to abuse, since the Verkhovna Rada seems to be excluded from the process proposed in the Draft law. The Code of Good Practice on Referendums provides that:


"When a text is put to the vote at the request of a section of the electorate or an authority other than Parliament, Parliament must be able to give a non-binding opinion on the text put to the vote. In the case of the popular initiatives, it may be entitled to put forward a counterproposal to the proposed text, which will be put to the popular vote at the same time. A deadline must be set for Parliament to give its opinion: if this deadline is not met, the text will be put to the popular vote without Parliament’s opinion."