A referendum is a public vote by which voters decide on a set question/s. Referendums are one of the most direct forms of democracy and may, therefore, reflect civic participation to a relatively greater degree than less direct forms.

It is standard for the law to prescribe a set of classes of legislative action, such as constitutional amendments, which must always be referred to a popular vote. Another of the most common ways in which a referendum can be triggered is by an initiative, through which a set number of voters petition to invoke a popular vote to decide on a proposed law or an amendment to a constitution. Such initiative may be either direct, meaning that a legislative proposal is submitted directly to a popular vote, or indirect, meaning that the proposal is first submitted to the legislature. 

According to the Law on the All-Ukrainian Referendum, the subject of the All-Ukrainian Referendum may be the following questions:

  • approval of the law on amendments to Chapters I, III, XIII of the Constitution of Ukraine
  • issues of national importance
  • on changing the territory of Ukraine
  • on the loss of validity of the law of Ukraine or its separate provisions.

The budget and laws concerning loans, taxes, customs duties, amnesty, cancellation or restriction of constitutional rights and freedoms of a person and citizen and guarantees of their realization, aimed at eliminating the independence of Ukraine, violating the state sovereignty, territorial integrity of Ukraine, creating a threat to the national security of Ukraine, inciting inter-ethnic, racial, religious enmity, , may not be decided by a referendum. The law does not foresee the possibility of holding local (municipal) referendums.

What human rights violation may there be?

If you are either directly or indirectly being prevented from voting, including if your need to vote at home, at a hospice, or a place of imprisonment is not being accommodated in accordance with the law, or if the referendums themselves are not fair, your right to vote and more generally your right to free elections may have been violated.

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Last updated 16/08/2023