The Issue of the Draft Law of Ukraine “On Local Referendum” Compliance with Contemporary European Standards

Abstract

The article analyses the referendum practices for solving controversial issues of local government. Particular attention is paid to international documents that regulate the conduct of voting in accordance with European standards and the prospects of using the draft law of Ukraine “On Local Re-ferendum”.
The problem becomes urgent due to the increased probability of using a local referendum for manipulation, due to the growing influence of the aggressor state, that increased after the full-scale invasion of our territory, and to address issues beyond the competence of local government. The work highlights the legislative risks that may arise during the preparation and conduct of a local referendum, provided that no changes are made to certain parts and articles of the law in the context of liability for violations of the law.
Based on the experience of voting in local elections in recent years, options for voting results have been explored if the turnout quota is not reduced. The author sees the solution to the problem of manipulating the direct will of the people in the creation of a single voting system, without dividing it into electoral and party systems, but where each election should be regulated by a single Electoral Code of Ukraine, both for elections and referendums at all levels. To ensure the stability of national security, the author proposes not to hold referendums in the temporarily occupied territories after deoccupation, at least not for three years, as it proposed by the legislator, but to increase this period so that it is equal to the years of temporary occupation.