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5.4 Effects of the referendum
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UKRAINE - Joint Opinion on the Draft Law "On Improving the Procedure for Establishing the Impossibility of Holding National and Local Elections, All-Ukranian and Local Referendums in Certain Territories and Polling Stations"
UKRAINE - Joint Opinion on the Draft Law "On Improving the Procedure for Establishing the Impossibility of Holding National and Local Elections, All-Ukranian and Local Referendums in Certain Territories and Polling Stations"
In brief, the draft amendments include the following substantive changes:
The CEC’s authority to decide on the impossibility of holding local elections in certain territories would be revoked and the NSDC would be granted the competence to make such decisions (with respect to the holding of national and local elections and referendums for each polling station individually) in certain territories. The decision of the NSDC would be put into effect by a Decree of the President of Ukraine.
The NSDC would be mandated to establish the assessment criteria to be followed by the national security and defence authorities in determining the security situation with regard to the possibility or impossibility of holding national and local elections and referendums in certain territories.
The NSDC would be mandated to determine the list of national security and defence authorities (bodies) responsible to undertake (according to the criteria to be established by the NSDC) the assessment of the security situation with regard to the possibility of holding national or local elections and referendums in certain territories.
The current power of the regional civil-military administrations to provide the CEC their opinions on the possibility to ensure preparations and conduct of (local) elections in certain territories would be changed to the power to submit to the NSDC information (according to the criteria to be established by the NSDC) on the possibility to prepare and conduct national or local elections and referendums in certain territories.
The CEC, if necessary, shall request the NSDC to decide on the possibility to ensure the preparation and conduct of elections and referendums in certain territories.