Home > 5.1.3.1 Gathering of signatures > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 80
 

The Draft Law hardly regulates the issue of electronic voting organisation and conduct. Paragraph one of Article 23 of the Draft law only provides the possibility of supporting the initiative of the all-Ukrainian referendum in the electronic format using "automated information and analytical system means". However, the procedure for creating and functioning of such a system shall be approved by the Central Election Commission (Article 23.2 of the Draft law). The electronic voting provisions in the law will take effect when the CEC adopts a decision that the automated information and analytical system is operational. In addition, the Draft law determines that electronic collection of signatures to support the all-Ukrainian referendum initiative will be carried out "in the manner established by the Central Election Commission" (Article 29.2 and Article 32.2 of the Draft law). This concerns not only electronic voting regulation, but also in operating procedures of the authorities administrating the referendum, voters, and other referendum process participants. Such a delegation appears too broad in view of the importance of the matter; it is recommended that these important aspects be regulated by the law rather than by-laws.