#WarsawHDC. The threat to democracy, or How authoritarian regimes attack by using the tool of elections and referendums

In this material, OPORA's lawyers explain why Russian sham votes cannot be considered referendums, what are the international standards for holding referendums, how the democratic community reacted to the annexation of Ukrainian territory, what is the procedure for changing the territory provided for by the legislation of Ukraine, and will answer other related questions.

As a result of the full-scale aggression, russia seized a number of territories of Kherson, Zaporizhzhya, Kharkiv, and Mykolaiv Oblasts, and new communities of Donetsk and Luhansk regions. The aggressor state has already undertaken to establish an illegitimate system of governa

In Ukraine, a national referendum on the issues of a security treaty can be called only by a popular initiative. For the referendum to be in accordance with the national legislation and democratic standards, Russian troops should withdraw from Ukraine, necessary infrastructure should be restored, and Ukrainian internal migrants and refugees should be given the possibility to vote.

The President of Ukraine may proclaim an all-Ukrainian referendum on a security agreement solely on the people's initiative and only if at least 3 million signatures are collected to support it, in two-thirds of Ukraine's Oblasts. The current initiative of the government complies with the provisions of the law on the possibility of bringing a question of national importance to a referendum initiated by the Ukrainian people. Neither the Head of State, nor the Verkhovna Rada have the legal capa...

On January, 26, 2021, the Verkhovna Rada of Ukraine cast the 255 votes of MPs to pass the draft Law of Ukraine “On the All-Ukrainian Referendum” (no 3612) in the second reading, and in whole. The draft law was developed by the parliament’s working group of the people’s deputies of Ukraine, representatives of non-governmental and academic organizations. Upon the formal request for feedback submitted by the Verkhovna Rada of Ukraine, the draft law received a joint expert opinion from the Venice...

People are exercising the power directly and via the public authorities and self-government bodies.1 In the opinion of the Constitutional Court of Ukraine, an element of the process of direct exercise of power by the people includes the exercise of Constitutional rights and freedoms by Ukraine’s citizens, such as the right to vote at elections and at a referendum. Additionally, people have the exlusive right to directly, via the all-Ukrainian referendum, to identify the constitutional rule in...