The local referendum law may be “non -European”

Kyiv, April 11. UNIAN. The Chairman of the Laboratory of Legislative Initiatives Igor Kohut and the expert of this organization Alexander Zaslavsky declare the danger of adoption by the Verkhovna Rada of Ukraine of the “non -European” law on local referendums.

I. Kohut and O. Zaslavsky were stated today at a press conference in UNIAN, commenting on the adoption in the first reading of the bill “On a local referendum”.

“There is a danger that the bill will not meet both European standards and the request of civil society,” O. Zaslavsky said.

In particular, the expert specified that the bill preserved the outdated provisions from the current law on the nomination of an initiative group at a general meeting of citizens whose procedure should be registered in the statute of a city or village. “But not all cities have statutes,” he said.

In addition, according to O. Zaslavsky, the bill itself partially states the requirements for holding appropriate meetings, which can significantly complicate the procedure for initiating local referendums. “These and other risks only exacerbate the negative tendencies of consistent limitation of political freedom of local self -government and the growth of their resource dependence on the government,” the expert said.

In turn, I. Kohut added that the laboratory of legislative initiatives, whose representatives are included in the working group on the revision of the bill, together with their regional partners launched a project “Reform of the Institute of Local Referendum: Participation of Citizens in Governance” for the development of legislative recommendations, taking into account the rules.

“We conduct expert surveys and focus groups that aim to involve civil society in the process of preparing the Law on Local Referendums. The recommendations will be submitted to the Parliamentary Committee on State Construction and Local Self -Government before the second reading of the bill,” I. Kohut said.

According to experts, the most problematic in the discussion are the question of the norms of the quorum of the participants’ quorum for recognition of the referendum as well as the registration of only one initiative group on one issue that has the right to open a local referendum fund for raising funds for its conduct. “On the one hand, in this way, the right to disagree with this initiative to attract financial support is limited, and on the other, there are no rules governing financial support for agitation by political parties or public organizations,” O. Zaslavsky said.

As reported by UNIAN, on April 19, 2011, the Verkhovna Rada of Ukraine approved in the first reading of the draft Law on Local Referendum with the support of 235 of 370 people’s deputies registered in the session hall.

This bill defines the legal principles, organization and procedure of holding local referendums in order to ensure the rights of members of territorial communities of villages or voluntary association of several villages, settlements, cities, districts in cities to resolve issues of local importance.

It is determined that a local referendum can be imperative, advisory, repeated.

Citizens who have been recognized by the court incapacitated and citizens who are in prison by court have no right to vote in a local referendum, cannot initiate a local referendum, as well as participate in other actions to prepare and conduct a local referendum.

The belonging of the citizen of Ukraine to the respective territorial community is determined by his registered place of residence in accordance with the Law “On Freedom of Movement and Free Choice of Residence in Ukraine”.

The local referendum is direct: the issues of local importance to the vote are resolved by the participants of the local referendum directly. Voting during a local referendum is secret. Any control over the will of the local referendum participants is prohibited.

Local referendum may take local issues.

The local referendum in the respective administrative-territorial units is resolved by the issue of reorganization or liquidation of existing municipal pre-school educational institutions, as well as preschool educational institutions created by former agricultural collective and state farms.

The local advisory referendum cannot be made about early termination of powers of village, settlement, city, district councils, village, settlement, city mayors and issues that are resolved exclusively by the local referendum in accordance with the law.

Questions of local importance can be made in the form of: a draft decision of a local referendum – to an imperative local referendum; The question to find out the opinion on the proposal to resolve the issue of local importance (question) – to a consultative local referendum.

The bill stipulates that the draft decision or questions raised to a local referendum must have a clear wording that does not allow different interpretations.

Local referendums do not provide issues related to local budget, local taxes and fees, setting tariffs for housing and communal services, issues within the competence of state bodies, as well as personnel issues, etc.

The local referendum is appointed by the Territorial Election Commission.

The local referendum is appointed at the request of at least one tenth of the local referendum participants who are members of the respective territorial communities and at the request of other entities defined by law.

A local referendum on early termination of powers of village, settlement, mayor is also appointed at the request of the village, settlement, city council; on early termination of powers of village, settlement, city, district in the city of the council – village, settlement, mayor; Concerning the formation (failure) of district councils in the city – half of the total composition of deputies of the city council.

Collection of signatures of local referendum participants for a local referendum at the initiative of one tenth part of the local referendum participants, which are members of the respective territorial communities, is organized and carried out by an initiative group from a local referendum formed in accordance with this bill.

The local referendum initiative group is formed at a general meeting of citizens who participate at least:

50 participants of the local referendum – for local referendums in the village or voluntary association of several villages, settlements, district in the city;

100 participants of the local referendum – for holding local referendums in the city of district importance;

150 participants of the local referendum – for holding local referendums in the territory of the city of regional or republican in Crimea;

200 participants of the local referendum – for holding local referendums in the territory of Kyiv and Sevastopol.

In territorial communities, less than 100 local referendum participants, an initiative group on a local referendum is formed of at least three persons at a general meeting of citizens who are attended by at least 10% of local referendum participants.

The local referendum initiative group has the right to open a local referendum account to organize the collection of signatures of local referendum to support the initiative for local referendum and agitation of a local referendum at the expense of members of the local referendum initiative and voluntary contributions.

The local referendum initiative group has the right to open only one account and only in national currency.

The bill specifies the procedure and terms of collecting signatures of local referendum participants with an initiative group from a local referendum.

The results of a local imperative referendum are formalized by a decision of a local referendum (if approved), the content of which corresponds to the content of a decision made in a local referendum. This decision is certified by the chairman of the territorial commission and the seal of this commission.

The form of decision of the local referendum is established by the Central Election Commission.

Amendments, additions to the decision of the local referendum or its cancellation are carried out only by a local referendum.

The decisions of the local referendum have the highest legal force regarding the acts of local self -government bodies and their officials.

The local advisory referendum is conducted in the procedure provided for by this bill on the initiative of the village, settlement, city, district in the city council and at the decision of the territorial commission in order to find out the opinion of members of territorial communities regarding the resolution of local issues.

The results of a local advisory referendum are considered and taken into account when making decisions by the relevant local self -government bodies or their officials.

The decisions of the local council that do not meet the results of a local advisory referendum can only be made when at least two -thirds of the total number of deputies of the respective local council voted in favor of their adoption.

The decisions of the executive committee of the village, settlement, city, district in the city council, which do not meet the results of a local advisory referendum, can only be adopted when at least two -thirds of the relevant executive committee of the council voted for their adoption.

The bill defines financial and logistical support for the preparation and conduct of a local referendum.

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