Home > 5.4 Effects of the referendum > 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"
 
 
 
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Paragraph 25
 

First and foremost, both the current and proposed legal framework allow for the adoption of a decision not to hold an election/voting – local elections under the current law, and also national elections and referendums under the draft law – in certain territories and thereby interfere with the right to vote and to be elected. These rights are guaranteed by international standards, in particular by the provisions of Article 25(a) and (b) of the ICCPR and Article 3 of Protocol No. 1 to the ECHR. While the latter provision is in principle not applicable to elections for local authorities, Article 1(4.1) of the Additional Protocol to the European Charter of Local Self-Government guarantees the right of nationals “to participate, as voters or candidates, in the election of members of the council or assembly of the local authority in which they reside”. The right to participate in referendums is covered by Article 25(b) of the ICCPR. Moreover, the 1990 OSCE Copenhagen Document and the Venice Commission’s Code of Good Practice in Electoral Matters and revised Guidelines on the holding of referendums include the principles of universal and equal suffrage and the holding of elections at regular intervals. These principles are at stake when part or the whole of the electorate is deprived of the right to take part in certain elections or referendums.