In Ukraine, social reality can be described as estrangement of a significant part of citizens from power combined with implementation of political activity outside of legally prescribed forms and means. This is largely due to the imperfect legal regulation of political engagement of the population. The provisions of the Ukrainian Constitution regarding the referendum at people’s initiative are still merely declarative and no efficient mechanism for their practical implementation is at hand. The general public and scientific circles regard such a referendum as a means available to certain actors vested with power for achieving their own goals rather than a tool of real democracy. Although this form has been consolidated since 1991, it was used only once, and the estimates of such a use are divergent. The contradiction between the public need to comprehend the situation with and the prospects for improvement of legal regulation of the referendum at people’s initiative and the lack of attention to this issue on the part of scientific community encouraged the author to focus on the topic of this study.

The purpose of the article is to formulate practical recommendations for improving the content of legal regulation of the referendum at people’s initiative based on the comprehension of the existing practice of such regulation, as well as national and foreign experience and the need for further development of democracy in Ukraine. The author reviews the provisions of the Ukrainian Constitution which determine the subject matter of referendums at people’s initiative. It is proved that the necessary certainty of legislation is lacking and hence there is a possibility of its ambiguous interpretation.

The author substantiates that this form of direct democracy should be used exclusively for implementation of the constituent and legislative power. The article demonstrates a possibility of competition between the people and the Parliament elected by the people in the exercise of legislative power, and the author reflects on the possible means to achieve coherence. There is also an analysis of such an issue as declaring the referendum at people’s initiative. It is suggested that the time-limit for declaring the referendum should be set directly in the Fundamental Law. The author makes an emphasis on the importance of establishing stricter requirements according to which the validity and the result of constitutional referendums is determined. Proposals are also made in respect of regulation of the referendum procedure, particularly, in respect of establishing requirements to draft laws put to vote.

The current situation with legal regulation of the referendum at people’s initiative gives grounds to assert that such regulation is most likely absent. The author notes that there is a need to determine whether it is advisable to maintain this type of referendum at all. If the answer is yes, it is proposed to make a number of changes to the Constitution of Ukraine in order to achieve the necessary certainty of its provisions. The author believes that it would be relevant to adopt the law on the all-Ukrainian referendum and present the expressed proposals therein.

Bibliography

Authored books

1. Atamanchuk H, Teorija hosudarstvennoho upravlenija: kurs lektsij [Theory of State Administration. Course of Lectures] (Iurid lit-ra 1997) (in Russian).

2. Shapoval V ta Kornieiev A, Istoriia Osnovnoho Zakonu (konstytutsiinyi protses v Ukraini u 1990-1996 rr.) [History of the Basic Law (Constitutional Process in Ukraine in 19901996)] (Folio 2011) (in Ukrainian).

Journal articles

3. Bilan S, ‘Rehuliuvannia referendumu v yevropeiskomu pravi’ [‘Regulation of a Referendum in European Law’] (2017) 3 Pidpryiemnytstvo, hospodarstvo i pravo 189 (in Ukrainian).

4. Kunenko I, ‘Problemy pravovoho rehuliuvannia referendumu yak formy uchasti hromadian u konstytutsiinomu protsesi v Ukraini’ [‘Problems of Legal Regulation of the Referendum as a Form of Citizen Participation in the Constitutional Process in Ukraine’] (2009) 45 Derzhava i pravo 236-37 (in Ukrainian).

5. Tepliuk M ta Yushchyk O, ‘Pravovi problemy zminennia Konstytutsii Ukrainy’ [‘Legal Problems of the Revision of the Constitution of Ukraine’] (2007) 12 Pravo Ukrainy 4 (in Ukrainian).

6. Venher V, ‘Vseukrainskyi referendum yak instrument obmezhennia povnovazhen parlamentu’ [‘All-Ukrainian Referendum As a Tool To Limit Powers of the Parliament’] (2015) 168 Naukovi zapysky NaUKMA 30 (in Ukrainian).

Dissertations

7. Riabchenko T, ‘Referendum yak forma bezposerednoi pravotvorchosti ukrainskoho narodu (teoretychni aspekty)’ [‘Referendum As a Form of Direct Law-making of the Ukrainian People (Theoretical Aspects)’] (dys kand yuryd nauk, Nats ped un-t im M P Drahomanova 2015) (in Ukrainian).