Venice Commission provides opinion on Ukraine referendum bill

"This urgent Opinion was authorised by the Enlarged Bureau on 17 June 2020 and was issued pursuant to the Venice Commission's Protocol on the preparation of urgent opinions on 21 July 2020," the document reads.

Experts note that although the draft law represents a considerable step forward compared to the 2012 law, there are several issues that could be improved in the text or would need further clarification. The following key issues could be given further consideration:

- it is recommended to clarify the relation between the popular initiative referendum of abrogation of laws or part of laws and the referendum on "resolving matters of nationwide significance";

- the procedure for the popular initiative referendum should provide Parliament with a role before the vote, as well as, if necessary, after the vote and in conformity with the results; the consequences of the approval of the popular initiative should be defined in the law;

- additional provisions should be introduced aimed at ensuring equal opportunities for the supporters and the opponents of issues submitted to referendum on referendum commissions of different levels;

- it is recommended to extend the deadline for collecting the signatures for referendums on popular initiative;

- it is recommended to check all signatures;

- it is recommended that the draft law be harmonised with the election legislation to further strengthen the mechanisms of accessibility of referendums for persons with disabilities, and to establish mechanisms that will practically facilitate the effective and meaningful exercise of suffrage rights of IDPs;

- consideration should be given to synchronising the provisions of the draft law on funding of referendum campaign with the legislation on financing of political parties;

- it is recommended that provisions on electronic voting are excluded from the draft law and regulated globally at a later date by way of a separate law, which would also address local, parliamentary and presidential elections;

- limitations and bans on campaign activities should be reconsidered;

- the draft law should include specific articles for dissuasive and effective sanctions on media-related violations.

The document will be presented to the Venice Commission for endorsement at its 124th Plenary Session on 8-9 October 2020.

On June 18, the Verkhovna Rada passed the presidential bill No. 3612 "On democracy through all-Ukrainian referendum" at first reading. A total of 252 lawmakers voted for the document.

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