A Local Referendum in Ukraine and the Republic of Poland – A Comparative Analysis

Abstract

We present the institution of a local referendum from a comparative perspective on the example of legal regulations in Ukraine and Poland. The study is the result of the ongoing research of the two Authors and is of crucial importance in the current political situation – the Russian aggression against Ukraine. Hence, it is relevant both nationally, Europe-wide and internationally. The analysis includes a legal comparative analysis of institutions and an attempt to assess their effectiveness. The authors point out that there is a need for effective ‘safeguarding’ in Ukraine to prevent the referendum from being used as a political instrument (at hoc), against the will of the people. The analysis uses a dogmatic and comparative legal method and draws on the authors’ experience of holding local referendums. This research may be useful not only for the researchers of the local government law but also for the legislators.