All-Ukrainian Referendum as a Form of the Exercise of Power by the People: Material and Procedural Aspects Cover Image

Referendum ogólnoukraińskie jako forma sprawowania władzy przez naród: aspekty materialne i proceduralne
All-Ukrainian Referendum as a Form of the Exercise of Power by the People: Material and Procedural Aspects

Author(s): Oksana Szczerbaniuk
Subject(s): Constitutional Law, Electoral systems, Politics and law, Politics and communication, Russian Aggression against Ukraine
Published by: Łódzkie Towarzystwo Naukowe
Keywords: all-Ukrainian referendum; democracy; people’s legislative initiative; referendum process; electronic voting;

Summary/Abstract: The article analyzes the material and procedural aspects of organizing and conducting an all-Ukrainian referendum in connection with the adoption of the new Law of Ukraine “On All-Ukrainian Referendum”. Special attention is paid to the official constitutional doctrine of the Constitutional Court of Ukraine in the field of democracy and referendum. It is concluded that the referendum procedure is quite sufficiently regulated. It is necessary to go through many verification procedures, as well as collect and submit many different types of documents. Initiating a national referendum is very resource-consuming, even based on the provision of the Constitution. It is concluded that the referendum is a tool that can be used with both good and bad intentions. Under the current design, the referendum should not be considered an instrument of popular will, but rather organized political groups or the President. Despite the safeguards, the adopted bill contains dangers, including electronic voting and a legal vacuum in place of repealed norms.

  • Issue Year: 2022
  • Issue No: 33
  • Page Range: 55-68
  • Page Count: 14
  • Language: Polish