ARTICLE 1. Notion and Types of Referenda.
With the purpose to ensure democracy and citizen's
direct participation in State and Local management,
the referenda should be conducted in Ukraine.
Referendum - is a method for the citizens
of Ukraine to vote in order to adopt Laws
of Ukraine and other resolutions on important
issues of State and local significance.
According to the Constitution of Ukraine,
All- Ukrainian, Republic of Crimea, and local
(within administrative and territorial units)
referenda shall be conducted.
Laws and other decisions adopted through All-Ukrainian
referendum have superior judicial power over
legislative acts of the Verkhovna Rada of
Ukraine, Supreme Council of Republic of Crimea,
as well as over Normative acts of the President
of Ukraine, Cabinet of Ministries of Ukraine,
high executive and administrative State bodies
of Republic of Crimea, and over ancillary
acts of Ministries and Department of Ukraine,
and Republic of Crimea, as well as over local
Councils of peoples' deputies resolutions.
Decisions adopted through local referenda
have superior judicial power over councils
of peoples' deputies resolutions on the territory
the referendum is conducted.
Laws and other decisions adopted by the referendum
shall not require ratification by state bodies
and may be abolished or altered only according
to the procedure stipulated by this Law.
ARTICLE 2. Legislation on Referenda.
The procedure of preparation and conduct of
All-Ukrainian and local referenda shall be
regulated by the Constitution of Ukraine,
by this Law, and other legislative acts of
Ukraine.
The procedure of preparation and conduct of
Republican and local Referenda in the Republic
of Crimea, on questions relevant to its authority,
shall be regulated by this Law and Republic
of Crimea legislation.
(Paragraph 2, Article 2 in the wording of
Law of Ukraine #2481- 12 of June 19, 1992)
ARTICLE 3. Subject-Matter of All-Ukrainian
Referendum.
The subject-matter of All-Ukrainian referendum
can be:
confirmation of the Constitution of Ukraine,
its separate provisions, as well as introduction
of changes and amendments to the Constitution
of Ukraine;
adoption, change or cancellation of Laws of
Ukraine or their separate provisions;
adoption of decisions which determine the
principal content of the Constitution of Ukraine,
Laws of Ukraine, and other legislative Acts.
ARTICLE 3-1. Subject - Matter of Republican
and Local Referenda in Republic of Crimea.
The subject - matter of Republican (Republic
Crimea) referendum can be: adoption, change
or cancellation of decisions on questions,
handed over by legislation of Ukraine to Republic
of Crimea authority.
The subject-matter of local referendum in
the Republic of Crimea is determined by Republic
of Crimea legislation.
(Article 3-1 added to Law according to Law
of Ukraine #2481-12 of June 19, 1992)
ARTICLE 4. Subject - Matter of Local Referendum.
The subject-matter of a local referendum can
be:
adoption, change or cancellation of decisions
on questions handed over by legislation of
Ukraine to local self-governance and appropriate
administrative and territorial units' authority;
adoption of decisions, which determine local
Councils of Peoples' deputies and their executive
and administrative bodies' resolutions.
ARTICLE 5. Questions Submitted to All-Ukrainian
Referenda.
Questions attributed by the Constitution of
Ukraine to Ukrainian jurisdiction can be submitted
to All-Ukrainian referendum.
Questions on realization of Ukrainian people'
s right to self-determination and joining
federative or confederative state formations,
as well as leaving them may be submitted to
All-Ukrainian referendum only.
Questions attributed by legislation of Ukraine
to a Court or Prosecutor's jurisdiction shall
be not submitted to All-Ukrainian referendum,
amnesty and pardon questions, as well as questions
of extraordinary and urgent steps taken by
State bodies of Ukraine to protect public
order, health and security of citizens also
may not be submitted to All-Ukrainian referendum
Questions related to the election, appointment
and exemption of officials under the jurisdiction
of the Verkhovna Rada, the President and Cabinet
of Ministries of Ukraine shall not be submitted
to the mentioned referendum as well.
ARTICLE 6. Questions Submitted to Local
Referenda.
Questions attributed by legislation of Ukraine
to local self-government jurisdiction of appropriate
administrative and territorial unites, as
well as questions on pre-term termination
of appropriate Council of Peoples' deputies
and its Chairperson's authorities may be submitted
to local referendum.
The following questions within appropriate
administrative and territorial units may be
resolved exclusively by local Referenda: name
and renameing of village Councils, settlement
towns, rayons and regions (oblasts); merging
in a simple unit of administrative and territorial
units of the same, which have a common administrative
center; alteration of local self-government's
base level in rural districts (rayons), the
questions of the reorganisation or liquidation
of community-owned pre-school educational
establishments, as well as pre-school educational
establishments set up by the former agricultural
collective and state-owned farms. (The Paragraph
changed and amended according to Law of Ukraine
#2628-III of July 11, 2001)
Questions on disaffirmation of higher state
and self-government bodies' legal resolutions;
questions attributed to the jurisdiction of
a Court or Prosecutor's office; questions
related to election, appointment, and exception
of officials under the jurisdiction of an
appropriate local Council of peoples' deputies,
and their executive, as well as administrative
bodies may not be submitted to local referendum.
ARTICLE 6-1. Restrictions for Conduct of
Referenda.
Referenda on questions, not attributed to
the Republic of Crimea, as well as local and
regional self-governance bodies of administrative
and territorial units' jurisdiction, are not
allowed in Ukraine. The results of such referenda
shall be considered as legally invalid. (Article
6-1 added to Law according to Law of Ukraine
#2481-12 of June 19, 1992)
ARTICLE 7. Principles of Citizens' Participation
in Referenda.
Citizens of Ukraine, who are 18 years of age
on referendum day and who have their permanent
residence in a territory of Ukraine or appropriate
region, district, city, city district, settlement,
and village Council, have the right to participate
in All-Ukrainian and local referenda.
Any direct or indirect restrictions of rights
of citizens of Ukraine to participate in a
referendum due to birth, social or property
status, race and nationality, sex, education,
language, religious preferences, political
convictions, type and character of occupation,
are prohibited.
Those citizens found mentally ill and incompetent
by a court, as well as persons incarcerated,
shall not participate in referenda.
Citizens participate in referenda on an equal
basis. Each citizens has one vote.
The referendum is direct: citizens shall participate
in a referendum directly.
Voting in a referendum is by secret ballot:
control over citizens' freedom of choice is
prohibited.
ARTICLE 8. Democratic Grounds of Referenda
Preparation and Conduct.
Citizens, political parties, public organizations,
mass movements, and labor collectives shall
have the right to free campaign publicity
"for" a proposal to declare the
Referenda, to adopt a law or other decision
submitted for referendum, as well as against
proposals to declare the referendum, to adopt
a law or a decision.
To implement this right, the interested persons
and organizations shall be provided with premises
for meetings, ensured with the possibility
to use mass media. The draft of a law or decisions
submitted to referendum shall be discussed
within boundaries of Ukraine or the administrative
and territorial unit, where the referendum
shall be conducted.
The activity of State and public bodies, participating
in the preparation and conduct of a referendum,
shall be open and public.
All decisions concerning a referendum, as
well as drafts of laws and other resolutions
submitted to the referendum shall be published
by mass media.
The mass media shall publicize the preparation
and conduct of the referendum and representatives
of the mass media shall be guaranteed unrestricted
access to all assemblies and meetings related
to the referendum, and be provided with information.
Any campaign publicity on the day of a referendum
is prohibited.
ARTICLE 9. The Conduct of a New Referendum.
A new referendum on a question, earlier submitted
to referendum, can be conducted not earlier
than 5 years, the local referendum - no earlier
than 1 year, after the day of referendum on
these questions was conducted.
ARTICLE 10. Responsibility for Violations
of Legislation on Referendum.
The adoption of resolutions to conduct Referenda
on questions not attributed to the Republic
of Crimea jurisdiction or to local and regional
self-governance bodies jurisdiction is fraught
with responsibilities envisaged by Law.
(Paragraph 1 added to Article 10 according
to Law of Ukraine #2481-12 of June 19, 1992)
Persons who interfere with the rights of the
citizens of Ukraine to participate in a referendum
or to conduct a pre-voting publicity, by means
of violence, fraud, threat or other means,
as well as members of referendum commissions,
officials who forge referendum documents,
deliberately miscalculate votes, or who violate
the secrecy of voting, or otherwise violate
this Law, shall be accountable before the
laws of Ukraine.
ARTICLE 11. Financing of Referenda.
Preparation and conduct of All-Ukrainian referendum
shall be financed at the expense of the state
budget, local elections - at the expense of
appropriate local budgets.
The procedure of preparation and conduct of
Referenda is determined by the Cabinet of
Ministries of Ukraine and by the appropriate
local Councils of peoples' deputies.
