Referendum ogólnoukraińskie jako forma sprawowania władzy przez naród: aspekty materialne i proceduralne

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 Despite the safeguards, the adopted bill contains dangers, including electronic voting and a legal vacuum in place of repealed norms.