The constitutional court of Ukraine recognized the law on national referendum unconstitutional
At the meeting of April 26, the judges of the CCU recognized the law on national referendum is not in conformity with the Constitution. The Rapporteur of this constitutional production was made by the judge Vasyl lemak. This morning he announced the decision of the CCU on his page on Facebook, but later the publication was not available for viewing.
The law “On national referendum”, the Verkhovna Rada adopted on 6 November 2012, under the presidency of Viktor Yanukovych. The law provides that the subject of the referendum may have questions: about the approval of the new Constitution of Ukraine amending the Constitution of Ukraine, cancellation, loss of validity or the invalidation of the law on amendments to the Constitution (constitutional referendum); on change of territory of Ukraine (ratification referendum); the adoption or repeal of or amendments to the current law (legislative referendum); for any question, except those for which a referendum is not allowed according to the Constitution of Ukraine (General referendum).
The results on all-Ukrainian referendum are mandatory. According to experts, adopted by law the procedure of adoption of the new Constitution and procedure for amending the Basic Law does not meet constitutional provisions.In June 2013, the Venice Commission assessed the law on national referendum upon the request of the Chairman of the monitoring Committee of the parliamentary Assembly of the Council of Europe Andres Herkes. The VC found that the resolution to submit to referendum the question of amending the Constitution or a new Constitution may violate the constitutional stability and legitimacy in Ukraine. In addition, the Commission expressed the view that the law on the referendum fully complies with international standards in respect of questions which may be put to a referendum by popular initiative. Also, the Venice Commission noted a number of technical problems in the law on national referendum.
After the flight of Yanukovych in 2014 in the Verkhovna Rada proposed to cancel the law. The relevant draft law submitted by deputies of BPP, it was noted that a number of provisions of the law not only does not meet the requirements of the Constitution of Ukraine, but also organizational make it impossible to exercise democracy.