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LAW OF UKRAINE

of November 6, 2012 No. 5475-VI

About All-Ukrainian referendum

(as amended of the Law of Ukraine of 10.11.2015 No. 766-VIII)

This Law determines legal principles, the organization and procedure for holding All-Ukrainian referendum.

Section I General provisions

Article 1. Concept of All-Ukrainian referendum

1. The All-Ukrainian referendum is one of forms of direct democracy in Ukraine, method of implementation of the power by directly Ukrainian people which consists in acceptance (approval) by citizens of Ukraine (further citizens) decisions concerning nation-wide value by secret vote according to the procedure established by this Law.

Article 2. Legislation on referenda

1. The procedure for preparation and holding All-Ukrainian referendum is regulated by the Constitution of Ukraine, this Law, and also other legal acts of Ukraine.

Article 3. Subject of All-Ukrainian referendum

1. Any questions except for those which solution referendum is not allowed by the Constitution of Ukraine, the laws of Ukraine can be subject of All-Ukrainian referendum.

2. Several questions on one problem can be submitted for All-Ukrainian referendum.

3. In subject the All-Ukrainian referendum can be:

1) about approval of new edition of the Constitution of Ukraine, introduction of amendments to the Constitution of Ukraine, cancellation, loss of force or recognition invalid the law on introduction of amendments to the Constitution of Ukraine (the constitutional referendum);

2) about change of the territory of Ukraine (ratification referendum);

3) concerning acceptance or cancellation of the law of Ukraine or introduction of amendments to the current law of Ukraine (legislative referendum);

4) on any question except for concerning what the referendum is not allowed according to the Constitution of Ukraine (general referendum).

Article 4. General principles of All-Ukrainian referendum

1. The president of Ukraine proclaims All-Ukrainian referendum on popular initiative if it is initiated with observance established by the Constitution and the laws of Ukraine of requirements concerning the organization and procedure for holding All-Ukrainian referendum on popular initiative.

2. Results of national declaration of will on All-Ukrainian referendum are obligatory.

3. The new All-Ukrainian referendum on other questions which were submitted for referendum earlier except modification of Sections I, III and XIII of the Constitution of Ukraine on the same question, can be held not earlier than in year from the date of the announcement of results of the held referendum.

Realization of initiative concerning modification of Sections I, III and XIII of the Constitution of Ukraine of the same question is possible the Verkhovna Rada of Ukraine of the following convocation.

Article 5. Basic principles of holding All-Ukrainian referendum

The All-Ukrainian referendum is held on the basis of such general principles:

1) common law of voice;

2) equalities;

3) legality;

4) direct declaration of will;

5) free participation in All-Ukrainian referendum;

6) privacy of vote;

7) personal participation in vote;

8) momentariness of vote.

Article 6. Common law of voice

1. On All-Ukrainian referendum citizens of Ukraine which on ballot day performed eighteen years have the right to vote. The citizens of Ukraine having the right to vote on All-Ukrainian referendum are participants of All-Ukrainian referendum.

2. The basis of realization by the citizen of Ukraine of the voting power on All-Ukrainian referendum is its inclusion in participant lists of All-Ukrainian referendum on the site of All-Ukrainian referendum. The participant of All-Ukrainian referendum exercises voting power during the All-Ukrainian referendum according to the procedure, established by this Law.

3. The identity document and citizenship of Ukraine of the participant of All-Ukrainian referendum, is:

1) passport of the citizen of Ukraine;

2) temporary certificate of the citizen;

3) card (reference) of organization of criminal executive system which shall contain: surname, name, middle name, year of birth, nationality, the photo of person, the signature of the head and seal of organization (for persons which are in organizations of criminal executive system);

4) the passport of the citizen of Ukraine for trip abroad;

5) diplomatic passport;

6) service passport;

7) certificate of the crew member.

4. The documents specified in Items 1 and 2 of part three of this Article are the basis for receipt of the bulletin for participation in All-Ukrainian referendum and can be used on regular and special sites of All-Ukrainian referendum.

5. The documents specified in Items 3-7 of part three of this Article are the basis for receipt of the bulletin for participation in All-Ukrainian referendum and can be used on foreign sites of All-Ukrainian referendum, and also on the special sites of All-Ukrainian referendum formed in courts which are in swimming under National Flag of Ukraine, and at the polar station of Ukraine. On the foreign sites of All-Ukrainian referendum formed in the countries to which departure of citizens of Ukraine according to the passport of the citizen of Ukraine is resolved by the basis for receipt of the bulletin there can be passport of the citizen of Ukraine.

6. The citizens of Ukraine having the right to vote can take part in work of the commissions on All-Ukrainian referendum as their members, and also in the carrying out propaganda of All-Ukrainian referendum, implementation of observation of holding All-Ukrainian referendum and other actions for preparation and holding All-Ukrainian referendum according to the procedure determined to data and other laws of Ukraine.

7. Any straight lines or indirect privileges or restrictions of the rights of citizens of Ukraine for participation in All-Ukrainian referendum on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, the residence, on language or other signs are forbidden. Restrictions concerning participation of citizens of Ukraine in the course of the All-Ukrainian referendum, except the restrictions provided by the Constitution of Ukraine and this Law are not allowed.

8. The citizen of Ukraine recognized by court incapacitated has no right to vote.

9. The citizen of Ukraine who lives or is during preparation and holding All-Ukrainian referendum outside Ukraine has the right to vote on All-Ukrainian referendum which realization is provided with its inclusion in the participant list of All-Ukrainian referendum on the respective foreign site formed according to this law.

Article 7. Equal right of voice

1. Citizens of Ukraine participate in All-Ukrainian referendum as equals the principles.

2. Each participant of All-Ukrainian referendum has one voice. The participant of All-Ukrainian referendum can use the voice only on one site of All-Ukrainian referendum where it is included in the participant list of All-Ukrainian referendum. The participant of All-Ukrainian referendum exercises voting power during the All-Ukrainian referendum according to the procedure, established by this Law.

3. The equal rights and opportunities of subjects of process of All-Ukrainian referendum to take part in process of All-Ukrainian referendum are provided:

1) prohibition of intervention of the public authorities and local government bodies in process of All-Ukrainian referendum, except as specified, provided by this Law;

2) the impartial relation of public authorities, local government bodies, their office and officials to initiative group of All-Ukrainian referendum, other subjects of process of referendum;

3) prohibition of use during financing of propaganda of All-Ukrainian referendum of other means, except determined by this Law, allocated for ensuring process of All-Ukrainian referendum;

4) the equal and impartial relation of mass media to process of All-Ukrainian referendum, the unbiased and balanced interpretation of line items in support and against question of All-Ukrainian referendum.

Article 8. Direct declaration of will on All-Ukrainian referendum

1. Citizens of Ukraine directly participate in All-Ukrainian referendum and in the solution of questions which are submitted for referendum.

Article 9. Free participation in All-Ukrainian referendum

1. Participation of citizens of Ukraine in All-Ukrainian referendum is voluntary. Nobody can be forced to participation or nonparticipation in referendum.

2. The All-Ukrainian referendum is free. Conditions for free forming of the will and its free expression during the vote are provided to citizens of Ukraine.

3. Use of violence, threats, deception, bribery or any other actions which interfere with free forming and free expression of will of the participant of All-Ukrainian referendum is forbidden.

4. For providing conditions for free declaration of will by the serviceman of conscription service in ballot day leave for participation in vote for four hours is granted at least.

Article 10. Secret vote

1. Vote on All-Ukrainian referendum is secret: control of declaration of will of participants of All-Ukrainian referendum is forbidden.

2. Members of the commissions of All-Ukrainian referendum, other persons are forbidden to make any actions or to disclose the data giving the chance to establish content of declaration of will of the specific participant of All-Ukrainian referendum.

Article 11. Personal vote

1. Each participant of All-Ukrainian referendum votes on referendum personally. Vote for other persons or transfer by the participant of All-Ukrainian referendum of voting power to any other person is forbidden.

Article 12. Momentariness of vote

1. Each citizen of Ukraine who has the right to vote on All-Ukrainian referendum can exercise this right during such referendum only once and only on one site of referendum.

Article 13. Publicity and openness of process of referendum

1. Preparation and holding All-Ukrainian referendum are performed publicly and openly.

2. For ensuring publicity and openness of process of All-Ukrainian referendum of the commission of referendum according to the powers:

1) will be promulgated by the information about the structure, the location and operating mode, about formation of districts of referendum and sites;

2) provide access of citizens to participant lists of referendum;

3) will be promulgated by results of process of All-Ukrainian referendum;

4) provide other information in the cases provided by this Law.

Article 14. Subjects of initiation of All-Ukrainian referendum and purpose (declaration) of All-Ukrainian referendum

1. Subjects of initiation of All-Ukrainian referendum are the Ukrainian people, the Verkhovna Rada of Ukraine in the cases and procedure established by the Constitution of Ukraine and this Law.

2. Subject of appointment (declaration) is the President of Ukraine and the Verkhovna Rada of Ukraine.

3. The constitutional referendum concerning modification of Sections I, III, XIII of the Constitution of Ukraine is appointed by the President of Ukraine at the initiative of the Verkhovna Rada of Ukraine, taking into account requirements of part eight of article 22 of this Law.

4. The ratification referendum concerning change of the territory of Ukraine is appointed by the Verkhovna Rada of Ukraine.

5. The All-Ukrainian referendum on popular initiative is proclaimed the President of Ukraine, taking into account requirements of part eight of article 22 of this Law.

Article 15. All-Ukrainian referendum on popular initiative

1. The All-Ukrainian referendum on popular initiative is form of acceptance by citizens of Ukraine of decisions concerning nation-wide value taking into account the restrictions set by the Constitution of Ukraine and this Law.

2. By All-Ukrainian referendum on popular initiative the Ukrainian people as the carrier of sovereignty and the single source of the power in Ukraine can exercise the exclusive right to determine and change the constitutional system in Ukraine by adoption of the Constitution of Ukraine (the constituent power) according to the procedure, determined by this Law.

3. By All-Ukrainian referendum on popular initiative the Ukrainian people as the carrier of sovereignty and the single source of the power in Ukraine, performing the declaration of will, can according to the procedure which is determined by this Law, to approve new edition of the Constitution of Ukraine, to make changes to the Constitution of Ukraine, to cancel, declare invalid or to nullify the law on introduction of amendments to the Constitution of Ukraine.

4. Through All-Ukrainian referendum on popular initiative the Ukrainian people as the carrier of sovereignty and the single source of the power in Ukraine, performing the declaration of will, can according to the procedure, determined by the Constitution of Ukraine and this Law, adopt the laws of Ukraine (to make changes to them), except the laws which adoption on referendum is not allowed according to the Constitution of Ukraine, to repeal the laws of Ukraine, to recognize the laws of Ukraine invalid or to recognize invalid the laws of Ukraine or their separate provisions.

5. On popular initiative the All-Ukrainian referendum on any questions, except for concerning what the All-Ukrainian referendum is not allowed according to the Constitution of Ukraine can be held.

6. The All-Ukrainian referendum is proclaimed on popular initiative on demand at least three million citizens of Ukraine who have the right to vote provided that signatures concerning announcement of referendum are collected at least in two thirds of areas at least on hundred thousand signatures in each area.

7. The presidential decree of Ukraine concerning declaration of All-Ukrainian referendum on popular initiative is published in official printing publications within three days from the moment of its signing.

Article 16. All-Ukrainian referendum concerning approval of new edition of the Constitution of Ukraine, introduction of amendments to the Constitution of Ukraine, cancellation, loss of force or recognition invalid the law on introduction of amendments to the Constitution of Ukraine

1. The All-Ukrainian referendum concerning approval of new edition of the Constitution of Ukraine, introduction of amendments to the Constitution of Ukraine, cancellation, loss of force or recognition invalid the law on introduction of amendments to the Constitution of Ukraine is form of realization by the Ukrainian people of the right to determine the constitutional system in Ukraine by acceptance of new edition of the Constitution of Ukraine on All-Ukrainian referendum.

2. The All-Ukrainian referendum concerning approval of new edition of the Constitution of Ukraine, introduction of amendments to the Constitution of Ukraine, cancellation, loss of force or recognition invalid the law on introduction of amendments to the Constitution of Ukraine is proclaimed the President of Ukraine on popular initiative.

Article 17. All-Ukrainian referendum concerning the law of Ukraine on modification of Sections I "General principles", III "Elections. Referendum", XIII "Modification of the Constitution of Ukraine"

1. Bill of modification of Sections I "General principles", III "Elections. The referendum", XIII "Modification of the Constitution of Ukraine" moves in the Verkhovna Rada of Ukraine the President of Ukraine or People's Deputies of Ukraine, components at least two thirds of the constitutional structure of the Verkhovna Rada of Ukraine and, on condition of its acceptance by at least than two thirds of the constitutional structure of the Verkhovna Rada of Ukraine, affirms All-Ukrainian referendum.

2. The presidential decree of Ukraine concerning purpose of All-Ukrainian referendum is published in official printing publications within three days from the moment of its signing.

Article 18. All-Ukrainian referendum on change of the territory of Ukraine

1. The All-Ukrainian referendum on change of the territory of Ukraine is form of acceptance by citizens of Ukraine decisions concerning approval of the law on ratification of the international treaty on change of the territory of Ukraine.

2. The resolution of the Verkhovna Rada of Ukraine concerning holding All-Ukrainian referendum is published in official printing publications within three days from the moment of its signing.

Article 19. Referendum question form

1. The question of referendum is text which states the offer of referendum, in the form of the question offering to the participant of All-Ukrainian referendum definite answers "yes" or not".

2. The question of referendum shall have the accurate and clear formulation which does not allow different interpretation.

Article 20. Restrictions concerning initiation and holding All-Ukrainian referendum

1. Purpose of All-Ukrainian referendum concerning bills on questions cannot be initiated:

1) taxes;

2) budget;

3) amnesties.

2. For All-Ukrainian referendum on popular initiative it cannot be submitted the question of change of the territory of Ukraine (is initiated).

3. Texts of new edition of the Constitution of Ukraine and bills which are submitted for the constitutional and legislative referendum shall not cancel or limit content and amount of the existing rights and freedoms of man and citizen or to be directed to liquidation of independence or to violation of territorial integrity of Ukraine.

Article 21. Restrictions concerning purpose (declaration) of referendum

1. The All-Ukrainian referendum cannot be appointed (to be proclaimed) or be carried out in the conditions of warlike or emergency state in all territory of Ukraine.

2. If military or state of emergency is imposed after purpose (declaration) of referendum, the subject of appointment (declaration) of referendum no later than for the third day after introduction of such provision makes the decision on stop of process of referendum before the end of action of warlike or emergency state.

Article 22. Principles of the organization and holding All-Ukrainian referendum

1. The organization and holding All-Ukrainian referendum are performed openly and publicly.

2. The decisions of public authorities, local government bodies concerning All-Ukrainian referendum are led up to permission of citizens of Ukraine through mass media in the terms determined by this Law.

3. The state guarantees to citizens of Ukraine, political parties and public organizations, initiative group on holding All-Ukrainian referendum the right to freely discuss feasibility of holding All-Ukrainian referendum, to carry on propaganda concerning the questions submitted for All-Ukrainian referendum at meetings, meetings, demonstrations, in printing editions, audiovisual (electronic) mass media.

4. Public authorities and local government bodies, their officials shall promote holding meetings and meetings on discussion of questions which are submitted for All-Ukrainian referendum, to beforehand inform citizens of Ukraine on time and the place of their carrying out, to provide in necessary cases of the room and to perform other actions for ensuring free and conscious declaration of will of citizens.

5. The decisions of the commissions of referendum, and also the decision of public authorities and local government bodies concerning All-Ukrainian referendum are led up them to permission of citizens through printing mass media or, in case of impossibility, will be promulgated by different way.

6. Mass media shall light objectively the course of preparation and holding referendum, to provide the balanced information concerning content of question of referendum and legal consequences of referendum. Easy access on all public actions connected with referendum, and on meeting of the commissions of referendum and on the site of referendum in ballot day - on the conditions determined by this Law is guaranteed to representatives of mass media. The commissions of referendum, public authorities, local government bodies, official and officials of these bodies, shall provide within the powers to them information concerning preparation and holding referendum.

7. Diplomatic and other official representations, consular establishments of Ukraine under which foreign sites of referendum in the states where significant amount of the citizens of Ukraine having the right to vote lives are formed provide publication in local mass media of data on time and the place of vote, about the location of the respective sites of referendum, about procedure and circulation periods to precinct election commissions of referendum, in particular concerning inclusion of participants of All-Ukrainian referendum in the participant list of All-Ukrainian referendum on the foreign site of referendum.

8. The president of Ukraine, Central Election Commission shall perform check concerning compliance of the Constitution of Ukraine, to the laws of Ukraine of questions which are offered to be submitted for All-Ukrainian referendum, in particular, on popular initiative.

Article 23. Process of All-Ukrainian referendum

1. Process of All-Ukrainian referendum begins from the date of the announcement Central Election Commission about the beginning of process of All-Ukrainian referendum.

2. Process of All-Ukrainian referendum comes to the end in fifteen days after day of the official announcement with Central Election Commission of results of referendum.

Article 24. Subjects of process of All-Ukrainian referendum

1. Subject of the corresponding type of process of All-Ukrainian referendum in the cases provided by this Law are:

1) citizens of Ukraine (participants of All-Ukrainian referendum);

2) President of Ukraine as subject of appointment (declaration) of All-Ukrainian referendum;

3) Verkhovna Rada of Ukraine as subject of initiation and purpose of All-Ukrainian referendum;

4) the commission on All-Ukrainian referendum formed according to this Law or the Law of Ukraine "About Central Election Commission";

5) the initiative group on holding All-Ukrainian referendum formed according to this Law;

6) the official observers from initiative group on holding All-Ukrainian referendum registered according to requirements of this Law;

7) the international observers registered according to requirements of this Law.

Article 25. Procedure for calculation of terms

1. The terms determined in this Law are estimated in calendar days; in some cases terms are estimated in hours.

2. In the first afternoon of term which according to this Law shall begin in connection with approach of certain event the day following after day of approach of the specified event is.

3. Last afternoon of term which according to this Law shall end in connection with approach of certain event day which precedes day of the specified event is.

Section II Appointment (declaration) of All-Ukrainian referendum

Article 26. Procedure for purpose of All-Ukrainian referendum on introduction of amendments to the Constitution of Ukraine

1. The president of Ukraine within five days after obtaining from the Chairman of the Verkhovna Rada of Ukraine of the law on modification of Sections I, III, XIII of the Constitution of Ukraine issues the decree on purpose of All-Ukrainian referendum on introduction of amendments to the Constitution of Ukraine with indication of date of its carrying out. The text of the law which is submitted for approval by All-Ukrainian referendum on modification of Sections I, III, XIII of the Constitution of Ukraine is surely attached to the presidential decree of Ukraine.

2. The presidential decree of Ukraine about purpose of All-Ukrainian referendum on introduction of amendments to the Constitution of Ukraine determines date of its carrying out which the last Sunday of fifty-day term from the date of the publication of the decree is.

Article 27. Procedure for purpose of All-Ukrainian referendum on change of the territory of Ukraine

1. In case of adoption of law on ratification of the international treaty on change of the territory of Ukraine concluded by the President of Ukraine, the Verkhovna Rada of Ukraine makes the decision on purpose of All-Ukrainian referendum on change of the territory of Ukraine.

2. The resolution of the Verkhovna Rada of Ukraine on purpose of All-Ukrainian referendum on change of the territory of Ukraine shall contain date of All-Ukrainian referendum and the formulated question which is submitted for referendum. The text of the law on ratification of the international treaty on change of the territory of Ukraine is surely attached to the resolution of the Verkhovna Rada of Ukraine. Date of the corresponding All-Ukrainian referendum is appointed to the last Sunday of fifty-day term from the date of adoption by the Verkhovna Rada of Ukraine of the resolution on its appointment.

Article 28. Procedure for declaration of All-Ukrainian referendum on popular initiative

1. The president of Ukraine after receipt of the decision of Central Election Commission on general results of petition of citizens of Ukraine under the requirement about holding All-Ukrainian referendum and fulfillment of requirements of part eight of article 22 of this Law issues the decree on declaration of referendum with indication of date of its carrying out and the formulated questions or the bill which are submitted for All-Ukrainian referendum.

2. The presidential decree of Ukraine about purpose of All-Ukrainian referendum on popular initiative determines date of its carrying out which the last Sunday of fifty-day term from the date of the publication of the decree is.

Article 29. General procedure of popular initiative

1. The popular initiative concerning holding All-Ukrainian referendum is performed by participants of All-Ukrainian referendum by collection of their signatures under the requirement about holding referendum.

2. The president of Ukraine shall proclaim All-Ukrainian referendum on popular initiative if his questions do not violate requirements of the Constitution of Ukraine, the laws of Ukraine and if under the requirement about its carrying out at least three million citizens of Ukraine having the right to vote were signed provided that signatures under this requirement are collected at least in two thirds of areas at least on hundred thousand signatures in each area.

3. Petition under the requirement concerning holding All-Ukrainian referendum will organize and the initiative group of All-Ukrainian referendum which is formed performs and is effective according to this Law.

4. Petition under the requirement concerning holding All-Ukrainian referendum on certain question is carried out within forty days from the date of registration of initiative group of All-Ukrainian referendum which suggests to submit appropriate question for All-Ukrainian referendum.

Article 30. Procedure for formation of initiative group of All-Ukrainian referendum

1. The initiative group on holding All-Ukrainian referendum is formed at meetings of citizens of Ukraine in which at least two thousand citizens of Ukraine having the right to vote on All-Ukrainian referendum participate. Citizens of Ukraine which on the date of holding meetings will perform eighteen years, political parties of Ukraine, the All-Ukrainian public organizations registered according to the legislation of Ukraine can be organizers of meetings. It is forbidden to hold meetings of citizens concerning formation of initiative group of referendum in public authorities, local government bodies.

2. Not later than five calendar days about day of holding meetings of citizens of Ukraine concerning holding All-Ukrainian referendum their initiators shall report in writing about date, time, the place and the purpose of meetings in Central Election Commission.

3. The Central Election Commission directs to meetings of citizens of Ukraine concerning holding All-Ukrainian referendum of the representative (representatives) for the certificate of the fact of holding meetings.

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