Home > 5.2.2 Subject > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 45
 

The Draft law attempts to provide a detailed regulation on the formal requirements to the referendum question. The proposed text includes requirements related to the form of the questions (Article 19 of Draft Law), the content of the questions (Article 3 – concerning general restrictions including constitutionality; Article 21 regarding control of the constitutionality of the question; paragraphs one and two of Article 21 of the Draft law, concerning the procedure for registering the question). In fact, only limited control over the quality of the very referendum question, its clarity and unambiguity is provided. Article 19.2 just provides that “the question of the all-Ukrainian referendum must be worded in a clear and understandable manner that precludes different interpretations”. The Venice Commission's Code of Good Practice on Referendums, recommends that the questions submitted to a referendum must respect the unity of form (the same question must not combine a specifically worded draft amendment with a generally-worded proposal or a question of principle); unity of content (there must be an intrinsic connection between the various parts of each question put to the vote, to guarantee the free suffrage of the voter, who must not be called to accept or refuse as full provisions without an intrinsic link), and unity of hierarchical level (the same question should not simultaneously apply to the legislation of different hierarchical levels, such as issues falling within the scope of regulation by the Constitution and law). The question should not be misleading or suggest an answer. The Code also provides that texts that contradict the requirements of procedural and substantive validity must not be put to the popular vote.