Publication date: 11.06.2024
Legal Regulation of Local Referendums: Procedure and Practice of Application
Introduction
Local referendums are an important tool of direct democracy that allows citizens to directly influence decision-making in their communities. In Ukraine, the mechanism of local referendums is regulated by a number of legal acts that define the procedure for holding them, the issues that may be put to a referendum, and the legal consequences of its results. In this article, we will analyze the legal regulation of local referendums in Ukraine, the procedure for their holding and examples of their practical application.
Legal and regulatory framework
The legal regulation of local referendums in Ukraine is based on the following legal acts:
The Constitution of Ukraine:
- Article 38 guarantees citizens the right to participate in local self-government, including through local referendums.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines general provisions for the organization and conduct of local referendums, including procedures for initiation and preparation.
The Law of Ukraine "On All-Ukrainian and Local Referendums":
- Provides detailed regulations for conducting referendums, including voting and vote counting procedures.
Other legal acts:
- Resolutions of the Central Election Commission, decisions of local councils, and other acts that specify the procedures for holding referendums at the local level.
The procedure for holding local referendums
The procedure for holding local referendums consists of several stages:
Initiating a referendum:
- A referendum can be initiated by a local council, public associations or a group of citizens. In order to initiate a referendum, signatures of at least 10% of the voters of the respective territorial entity must be collected.
Preparing for the referendum:
- After the decision to hold a referendum is made, the local council establishes an election commission that deals with organizational issues, including setting the date of the referendum, preparing ballots and information materials.
Campaigning period:
- The election commission ensures equal conditions for campaigning for and against the issues put to a referendum. The campaign period lasts at least 30 days before the election day.
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Voting:
- Voting at a local referendum is similar to an election. Voters receive ballots containing the referendum questions and express their will by filling out the ballots.
Counting the votes and announcing the results:
- After the voting is completed, the election commission counts the votes and announces the results of the referendum. The results of the referendum are binding on local self-government bodies.
The practice of local referendums
Local referendums in Ukraine are held on various issues related to local life. Here are some examples of practical application:
Changing the status of settlements:
- Referendums can be held on issues of changing the administrative status of settlements, for example, the transformation of a village into an urban-type settlement.
Changing the boundaries of territorial communities:
- Communities can initiate referendums on changing their boundaries or merging with other communities.
