Publication date: 11.06.2024
Legal Regulation of Local Referendums: Procedure and Practice of Application
Introduction
A local referendum is an important tool of direct democracy that allows residents of territorial communities to directly influence decision-making related to local self-government. In Ukraine, legal regulation of local referendums is aimed at ensuring transparency, legality and efficiency of this process. This article examines the legal framework for local referendums, the procedure for their organization and the practice of their application.
Legal and regulatory framework
The legal regulation of local referendums in Ukraine is based on the following main legal acts:
The Constitution of Ukraine:
- Article 38 guarantees the right of citizens to participate in the management of public affairs, including through local referendums.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines the main provisions on local referendums and their importance for local self-government.
The Law of Ukraine "On All-Ukrainian and Local Referendums" (before amendments):
- Regulates the procedure for organizing and holding local referendums.
The Law of Ukraine "On Local Elections":
- Contains provisions on the organization of election commissions, which may also organize referendums.
The procedure for holding local referendums
Initiating a referendum:
- A local referendum can be initiated by local councils or citizens who have collected the required number of signatures (usually at least 10% of the number of voters in the relevant territorial community).
Deciding to hold a referendum:
- The decision to hold a local referendum is made by the relevant local council. The decision specifies the issues to be put to the referendum, the date of the referendum and organizational measures.
Organization of the referendum:
- Local referendums are organized and conducted by election commissions, which are formed by analogy with election commissions for local elections.
Holding a referendum:
- Voting is held on the day determined by the local council, in compliance with the principles and procedures provided for by law.
Counting the votes and announcing the results:
- After the voting is over, election commissions count the votes and announce the results of the referendum. The decision taken at the local referendum is binding on local self-government bodies.
You may be interested in the following articles:Legal analysis of the situation, Legal opinion, Writing a lawyer's request, lawyer's request, analysis of the situation by a lawyer, analysis of the situation by a lawyer, legal analysis of the situation, legal opinion of a lawyer lawyers documents help lawyer online lawyer online legal opinion legal opinion of a lawyer lawyer online
Application practice
The practice of holding local referendums in Ukraine reveals significant challenges and problems, including:
Low citizen engagement:
- Low voter turnout in local referendums can affect the legitimacy of decisions.
Legal conflicts and shortcomings in the legislation:
- The lack of clear regulations on the organization and conduct of local referendums often leads to legal conflicts and complications in the practical implementation of this institution.
Financial and organizational difficulties:
- Holding referendums requires significant financial and organizational resources, which can be a challenge for small communities.
Political influence:
- Sometimes local referendums are used as a tool for political struggle, which can distort their true purpose and undermine public trust.
