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 43
 

Article 5.2 establishes that the all-Ukraine referendum may not be held simultaneously with either regular or snap national elections. This provision fully meets the recommendations of different international bodies, notably those of the Parliamentary Assembly of the Council of Europe, which states in its Resolution 2251 (2019) that in order to allow voters to make well-informed decisions while casting their votes, it should not be possible to hold referendums at the same time as other elections. However, the Draft Law only forbids holding a referendum simultaneously with national elections, and de facto allows its conduct alongside local elections. Concurrent conduct of the referendum with regular local elections may significantly hinder the free expression of the will of the people both during the referendum and local elections. Local agendas and political issues could have a negative impact on voter’s capacity to make well-informed decisions while casting their votes. Since procedures for organising referendums and elections differ this could put an additional pressure on electoral administration. In 2006 the international organisations have already pointed out the problems concerning electoral rights of citizens when national and local elections are combined in Ukraine. Therefore, the Venice Commission and ODIHR recommend to consider making the prohibition of organising simultaneously the all-Ukrainian referendum and local elections an additional restriction in the Draft law.