Home > 5.3 Validity of the question > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 59
 

Articles 30.7 and 75.3 of the Draft law require the initiative group, political parties and CSOs seeking registration to adopt a rationale for their (proponent or opponent) position concerning the referendum issue. These provisions establish a detailed definition of “rationale”. The rationale, along with other documents, is to be submitted to the CEC (Articles 30.14 and 75.4). The CEC has apparent authority to vet the contents of the rationale for compliance with the legal definition and has power to reject the rationale (or compel the initiative team or other entity to amend it as a precondition to registration). Article 31.1. states: “…the CEC shall review…the documents [of the initiative team] referred to in Article 30.14 of this Law for their conformity to the provisions of this Law and the Constitution of Ukraine”; Article 75.7 provides that the CEC is to review the documents of political parties and CSOs for compliance with the law and the entity’s Charter. The CEC can refuse registration of the initiative group or entity on the basis of this review. These provisions should be amended to prohibit vetting of rationales as it is contrary to freedom of expression.