Published on March 7, 2014
Referendum: concept and types Completed by the students KRD -302 Sergienko Maya Protsenko Anna Opanasenko Kateryna
Comparative characteristics of the referendum and elections
Types of referendums on the object of conduct :
The subject of the referendum are matters within the exclusive solution to the Constitution as a result of the popular consultation Conducted to identify public opinion on specific issues of interest to some of the region's population
Referendum (the territory of conducting) Conducted across the entire country. It is advisable to conduct before a nationwide referendum the broad public discussion of the issues resolved by referendum. Conducted within individual subjects of the federation (in the federal state) or political units (in unitary and federal states) in order to address critical local issues.
According to the Constitution of Ukraine (Art.72) nationwide, All-Ukrainian referendum designated by the Verkhovna Rada or the President. National referendum is called on the people's initiative on the request of at least three million citizens of Ukraine who are entitled to vote, provided that the signatures on the referendum collected not less than two-thirds of regions and not less than one hundred thousand signatures in each region.
Local referendums According to the Ministry of Justice from 1991 to 2009 in Ukraine was held 150 local referendums: 50 – on administrative-territorial structure; 34 – for changing the name of the place; 31 – Institutional issues, including early termination of the representative bodies of local government; 13 – for the public welfare; 12 – Land Affairs; 10 - other issues.
Historical facts: A special legal literature assumed date of the first ever referendum 1439, and his "homeland" Switzerland (Canton Bern), although there are expressed other opinions on this occasion. There were two national referendums in Ukraine December 1, 1991 and April 17, 2000
The possible negative effects of the Law “About a national referendum" 6 November 2012 LOSS OF INDEPENDENCE. The law does not prohibit to vote such as cancellation of Ukraine's independence or confiscation of the property of its citizens. DESTRUCTION OF THE CONSTITUTION. The referendum can accept the new and thereby destroy the constitution. Power will enter in the "new constitution" whatever they want – from cancellation of the election of the President of Ukraine to membership in the alliance with the capital in Moscow. LIQUIDATION OF PARLIAMENT. All legislative procedures will be trampled - no first and second readings, amendments and discussions. The President will stamp the worst laws without Parliament, on behalf of the people. LEGITIMIZE CENSORSHIP. Media are prohibited to campaign for or against referendum questions , disseminate information aimed at encouraging citizens vote for or against without agreements on distribution of materials during the referendum process. ESTABLISHMENT OF THE DICTATORSHIP. Only the President can initiate , conduct referendum and count votes. If the referendum starts, it can’t be interrupted, and the results of voting can’t be controlled or appealed. With the adoption of the law “About a national referendum" repealed the law “About a national and local referendums" that was adopted 3 July 1991. Vacuum has formed in the legal field of Ukraine in the issue of local referendums.
The reaction on the Law “About a national referendum"
Crimean issue 2014: to be a referendum?
Tests: 1. The purpose of the referendum is: A) The election of people's representatives; B) Decision making in substance issues were presented; C) Viable population census. 2. Conduction of referendum involves the use of system of detection results: A) The majority; B) The proportionate; C) The mixed . 3. The referendum is not allowed on the issues: A) Taxes, investments , prices; B) Taxes, amnesty, prices; C) Taxes, budget, amnesty. 4. The first in the history of Ukraine national referendum was conducted: A)1December1991; B)1 January1992; C)12 February1991. 5. Current law governing mechanism referendums in Ukraine is called: A) Law " About a national and local referendums "; B) Law " About a national referendum "; C) Law " About a referendum ". 6. Not require approval and have the highest power of referendum results: A) Constitutional and consultancy; B ) Legislative and constitutional; C) Advisory and legislative.
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