Legal gap: why Vladimir Zelensky introduced a bill on referenda to the Rada

President of Ukraine Volodymyr Zelensky introduced a draft law on parliamentary referendums in the country. According to the website of the Verkhovna Rada, bill No. 3612 is marked by the head of state as "urgent." The document was sent for consideration to the relevant committee.

As noted in the explanatory note to the document, the All-Ukrainian referendum is one of the key institutions of direct democracy. Its authors recall that the history of Ukraine as a sovereign state began after a plebiscite on independence was held in 1991. However, the law “On All-Ukrainian and Local Referendums”, then in force, needed to be updated after the adoption of the Constitution in 1996. In 2012, a new law was adopted on the procedure for holding a plebiscite, but in 2018, the Constitutional Court of the country declared the norm to be contrary to the basic law.

“As a result, a gap in the legal regulation of the institution of an all-Ukrainian referendum has formed in the legislation,” the authors of the note explain.

• Vladimir Zelensky
• Reuters
• © Viacheslav Ratynskyi

At the same time, amendments to the three sections of the Constitution of the country can be made only by the results of a popular vote. We are talking about the first, third and thirteenth sections of the basic law of Ukraine, which determine the key principles of the state system of the country, the procedure for elections and referenda, as well as amendments to the constitution. In addition, the subject of an all-Ukrainian referendum may be issues of "national importance" and questions of territorial changes.

Issues aimed at violating state sovereignty and territorial integrity of Ukraine cannot be put to a popular vote.

As the authors of the explanatory note, the key innovation that distinguishes this bill from others registered in the Rada is the introduction of the ability to conduct electronic voting.

“This issue was developed on the basis of the study of foreign legislation and the experience of its application in relation to electronic voting, primarily in European countries,” the note says.

The bill also implies the possibility of referenda at the request of the people. To do this, the initiative group that put forward the proposal should register with the Central Election Commission and begin collecting signatures. In order for the plebiscite to take place, the group must collect at least three million signatures of Ukrainian citizens in support of this initiative.

“The opinions of other parties are not taken into account”

The development and adoption of the law on the All-Ukrainian referendum, Vladimir Zelensky announced back in November 2019.

“In the near future, the Verkhovna Rada will develop and adopt a law that will clearly establish the types and mechanisms of the referendum,” Zelensky said then in his video message posted on Facebook.  

At that time, similar bills had already been registered in the Rada - No. 1123 "On the All-Ukrainian and Local Referendum on a People's Initiative" by a group of deputies from the "Opposition Platform - For Life" and draft law No. 2182 of a group of deputies from the "Fatherland". However, soon the parliamentary committee on anti-corruption policy rejected both bills, recognizing them as "corrupt."

• Press conference at a polling station after the victory in the presidential election of Leonid Kravchuk during the first presidential election in Ukraine, August 24, 1991
• RIA News

As an RT source in the European Solidarity Party said, the office of the Ukrainian president did not even consider alternative bills.

“What is this talking about? That the opinion of other political parties is not taken into account, ”the source said.

The head of the Ukrainian Center for Political and Economic Analysis, Aleksandr Kava, explained in a commentary to RT that the bill introduced to the Rada by the party “Opposition Bloc - For Life” did not meet the vision of Vladimir Zelensky.

“In addition, the introduction of a referendum bill was one of his campaign promises. Many citizens expected that the draft law “On Democracy” would be introduced faster than a year after Zelensky assumed the presidency, ”said the expert.

In the history of independent Ukraine, nationwide referendums have been held only two times. The first took place in 1991: following its results, the former Soviet republic became an independent state. The second was held in 2000 at the initiative of Leonid Kuchma, who was then president of Ukraine. A nationwide referendum was part of the campaign promises of the politician who won the 1999 election.

Several questions were put to the vote at that time (we note that, according to the draft law on referenda introduced today, a plebiscite is allowed to be held on only one issue). Ukrainian citizens voted to give the president the right to dissolve parliament if he cannot form a parliamentary majority or approve the state budget within three months. Also on the agenda was the question of reducing the total number of deputies of the Verkhovna Rada from 450 to 300, the formation of a bicameral parliament and the abolition of parliamentary immunity.

The turnout was 81.15%, the vast majority of voters voted in favor of the amendments. However, only one proposal was realized - on the president’s right to dissolve parliament, other initiatives were blocked by the Rada.

However, after almost twenty years, the paragraph on the abolition of parliamentary immunity was implemented by President Vladimir Zelensky. The politician did not submit this question to a referendum: the Rada voted to cancel the immunity of the people's representatives.

At the same time, Zelensky himself, during his election campaign, promised to hold a referendum on Ukraine’s entry into NATO.

“We need to explain to people ... that this is not some kind of alligator who wants to swallow us, Ukraine, that this is truly the country's security,” he noted.

After taking office, President Zelensky announced that a referendum on joining the North Atlantic Alliance would be held after the population of Ukraine was ready for this.

“The course in NATO is the security of the country and the level of our army. We must tell the Ukrainians what NATO is and that it’s not so scary, ”Zelensky emphasized, adding that the issue of integration into the alliance will certainly be put to a popular vote.

Donbass issue

Under the terms of the Minsk Agreements, the Ukrainian authorities must carry out constitutional reform, the result of which should be the decentralization of the state. The provision according to which Ukraine is a unitary state is enshrined in the first section of the Ukrainian constitution, which can be amended only on the basis of a plebiscite, experts recall.

As stated in October 2019, Vladimir Zelensky, the authorities will not take serious steps to resolve the conflict in the Donbass without discussing measures with the Ukrainian backgammon.

“Will we (the law on the special status of Donbass - ed.) Ourselves develop and quickly adopt it? No. We will write it together, in cooperation and public discussion by the whole Ukrainian society, without crossing a single red line, ”Zelensky said in his televised address to the nation.

• DNR militia, Donbass
• Reuters
• © Alexander Ermochenko

According to Alexander Kava, Vladimir Zelensky can use the referendum law to resolve the situation in the Donbass.

“The referendum on constitutional reform can expand the possibilities for resolving the conflict, while most political forces and parties hinder the process,” the expert added.

According to Rostislav Ishchenko, if Kiev will adopt the rules stipulated by the Minsk agreements on the federalization of Ukraine, then for this it will really be necessary to hold a plebiscite.

“In this case, the Constitution of Ukraine will need to be amended, which can be adopted only on the basis of a national vote. True, the prospects for this are unclear, because Ukraine is not yet going to implement the Minsk agreements, ”the expert summed up.

"Election Promise"

Another issue that the Zelensky team promised to resolve through a referendum is the provision of foreign citizens the right to buy land in Ukraine. Recall that in April 2020, the President of Ukraine signed the law on the introduction of the agricultural land market in the country. By this decision, Kiev abolished the moratorium on the purchase and sale of land, which has been in force since 2001 - the IMF put forward such a requirement to continue financial support to Ukraine.

• Farmers, Lviv region of Ukraine
• Reuters
• © Pavlo Palamarchuk

The decision of the authorities caused discontent among the population: according to surveys, most citizens do not support the reform. At the same time, the authorities promised that foreigners would not be able to take part in land transactions until such a decision was approved in a referendum. 

According to the source of RT in the party "Servant of the people", the vote will allow the head of state to relieve himself of responsibility on many controversial issues.

“For example, a vote on the sale of land to foreigners. Ukrainians are likely to vote against, and Zelensky will be able to appeal to this result in front of Western partners. So he definitely needs this tool, ”the source emphasized.

A somewhat different point of view is held by Alexander Kava. 

“As for the land issue, it is unlikely that Zelensky is interested in raising the issue of the sale of land to foreigners. The outcome of the vote is obvious, the people will oppose. But the authorities can hardly accept this, ”the expert explained.

The similar opinion is shared by the president of the Center for System Analysis and Forecasting Rostislav Ishchenko. As the expert noted in an interview with RT, the law on opening the land market will enter into force only next year, so it is not yet clear whether Zelensky will fulfill the promise of a vote.

“The law on the land market itself can still be repealed or amended. Therefore, it is not known whether there will be a referendum on the sale of land to foreigners, ”said the expert.

Commenting on the prospects for the adoption of this bill, analysts agreed that its consideration in the Parliament will not be delayed. As Ishchenko noted, holding referenda is provided for by the Constitution, and the law determining the procedure for holding plebiscites must also be in effect.

Director, in turnIn a conversation with RT, the Kiev Center for Political Studies and Conflictology, Mikhail Pogrebinsky, noted that Zelensky was personally interested in the speedy adoption of this document, so the party "Servant of the People" loyal to him would provide the desired result.

“Zelensky’s campaign promise is to appeal to the citizens of the country before making important decisions. In fact, he does not fulfill this promise. This was most clearly manifested just when Zelensky, through the Verkhovna Rada, was pushing the law on lifting the moratorium on the sale of agricultural land. But, in any case, Zelensky wants to show that he is interested in holding referenda, therefore, the party will not drag him, ”the expert summed up.