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The document ceased to be valid according to the Law of Ukraine of November 6, 2012 No. 5475-VI

LAW OF UKRAINE

of July 3, 1991 No. 1286-XII

About All-Ukrainian and local referenda

(as amended on 21-12-2012)

Chapter I. GENERAL PROVISIONS

Article 1. Concept and types of referenda

For the purpose of ensuring democracy and direct participation of citizens in management of the public and local affairs in Ukraine referenda are held. The referendum is method of acceptance by citizens of Ukraine by vote of the laws of Ukraine, other decisions on important issues of nation-wide and local value.

According to the Constitution of Ukraine All-Ukrainian referenda, referenda of the Republic of Crimea and local (within administrative and territorial units) referenda are held.

The laws, other decisions made by All-Ukrainian referendum have the highest legal force in relation to legal acts of the Supreme Council of Ukraine, the Supreme Council of the Republic of Crimea, regulations of the President of Ukraine, the Cabinet of Ministers of Ukraine, the supreme executive and administrative organs of the government of the Republic of Crimea, bylaws of the ministries and departments of Ukraine and the Republic of Crimea, decisions of local councils of People's Deputies. The decisions made by local referendum have the highest legal force in relation to decisions of Councils of People's Deputies in the territory of which it is held.

The laws, other decisions made by referendum do not need any approval by state bodies and can be cancelled or changed only according to the procedure, provided by this Law.

Article 2. Legislation on referenda

The procedure for preparation and carrying out All-Ukrainian and local referenda is regulated by the Constitution of Ukraine, this Law, and also other legal acts of Ukraine.

Procedure for preparation and carrying out republican and local referenda in the Republic of Crimea on the questions carried to its maintaining are regulated by this Law and the legislation of the Republic of Crimea.

Article 3. Subject of All-Ukrainian referendum

Can be subject of All-Ukrainian referendum:

approval of the Constitution of Ukraine, its separate provisions and entering into the Constitution of Ukraine of changes and amendments;

acceptance, change or cancellation of the laws of Ukraine or their separate provisions;

decision making, determining main contents of the Constitution of Ukraine, the laws of Ukraine and other legal acts.

Article 3-1. Subject republican and local referenda in the Republic of Crimea

Acceptance, change or cancellation of decisions on the questions carried by the legislation of Ukraine to maintaining the Republic of Crimea can be subject of republican (Republic of Crimea) referendum.

The subject of local referendum in the Republic of Crimea is determined by the legislation of the Republic of Crimea.

Article 4. Subject of local referendum

Can be subject of local referendum:

acceptance, change or cancellation of decisions on the questions carried by the legislation of Ukraine to conducting local self-government of the corresponding administrative and territorial units;

decision making, the resolutions of local councils of People's Deputies and their executive and administrative organs determining content.

Article 5. The questions submitted for All-Ukrainian referendum

The questions carried by the Constitution of Ukraine to maintaining Ukraine can be submitted for All-Ukrainian referendum.

Exclusively All-Ukrainian referendum resolves issue of realization of the right of the people of Ukraine to self-determination and inclusion of Ukraine in the state federal and confederative educations or exit from them.

The questions carried by the legislation of Ukraine to maintaining bodies of court and prosecutor's office are not submitted for All-Ukrainian referendum; questions of amnesty and pardon; questions of acceptance by state bodies of Ukraine of emergency and urgent measures on protection of public order, protection of health and safety of citizens; the questions connected with election, appointment and dismissal of officials, which are within the competence of the Supreme Council of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine.

Article 6. The questions submitted for local referenda

The questions carried by the legislation of Ukraine to conducting local self-government of the corresponding administrative and territorial units and also questions of early termination of powers of the relevant Council of People's Deputies and its chairman can be submitted for local referenda.

Exclusively local referenda in the corresponding administrative and territorial units resolve issues of the name or renaming of the Village Councils, settlements, the cities, areas, areas; questions of consolidation in one administrative and territorial units of the same name having the general administrative center; questions of change of basic level of local self-government in rural districts questions of reorganization or liquidation of utility preschool educational institutions, and also the preschool educational institutions created by the former agricultural collective and state farms.

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