Accepted at the thirty eighth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 23, 2012 No. 38-13)

MODEL LAW

About national referendum

Chapter 1. General provisions

Article 1. The legal basis of holding national referendum in the State Party of the CIS

1. The legal basis of holding national referendum is constituted by the national constitution, the national law on referendum, other national regulatory legal acts.

2. If the international treaty of the State Party of the CIS establishes other rules than provided by the national law, then rules of the international treaty of the State Party of the CIS are applied.

Article 2. Concept of national referendum

The national referendum is understood as form of direct participation of the citizens of the State Party of the CIS having the participation right in referendum, in implementation of the power belonging directly to the people by national vote on the most important issues of the state and public life.

Article 3. Main terms and concepts

For the purposes of this Law the applied terms and concepts mean:

propaganda materials - the printed, audiovisual and other materials containing propaganda signs concerning national referendum (for or against holding national referendum, for or against participation in national referendum, for or against the bill, the existing national law or other question submitted for national referendum) and intended for mass distribution, promulgation or other mass use during referendum campaign;

the propaganda period - the period during which it is allowed to carry out propaganda concerning referendum;

propaganda concerning national referendum (propaganda) - the activities of the subjects having the participation right in referendum, specified in the national legal system of the State Party of the CIS, aiming to induce or inducing citizens to support the initiative of holding referendum or to refuse such support (to bring or not to introduce signatures in the subscription list of referendum) to vote or refuse vote on referendum, to support or reject the bill, the existing national law or other question submitted for referendum;

the residential address - the address (the name of national-state education and (or) administrative and territorial unit, the street, house number and the apartment) to which the citizen is registered at the place of residence in bodies of registration accounting of citizens in the place of stay and at the place of residence within the State Party of the CIS, or the address (the name of the settlement, street, house number and apartment) to which the citizen lives or stays in the territory of foreign state;

the anonymous donor - the citizen who did not specify in the payment document introduction of donation any of the following data: surname, name and middle name, the residential address - or specified false information on himself, or the legal entity about whom in the payment document any of the following data is not specified introduction of donation: identification taxpayer number, the name, bank details - or are specified false information;

the bulletin - voting bulletin on referendum;

the bulletin invalid - the bulletin which does not contain marks in the squares located to the right of line items Pro or Contra or to the right of alternative questions of referendum or in which marks are put down in such a way that it is impossible to determine declaration of will of the participant of referendum;

the bulletin of unspecified form - the bulletin made unofficial or not certified by the commission of referendum;

question (questions) of national referendum - the major (major) question (questions) of the state and public life on which (which) are offered to hold or it is held national referendum;

guarantees of the participation right in national referendum - the conditions established by the constitution of the State Party of the CIS, the national laws, other regulatory legal acts conventional by the principles and rules of international law, international treaties of the State Party of the CIS, rules and procedures providing realization of the participation right in referendum of citizens of this state;

state automated system - the automated information system realizing information processes by preparation and holding referendum, one of sales warranties of the right of citizens on the basis of ensuring publicity, reliability, efficiency and completeness of information on referendum;

donation of the citizen - non-paid introduction by the citizen of own money into the special account of referendum of initiative group of citizens on holding referendum, initiative propaganda group of citizens (initiative propaganda group);

the document replacing the passport of the citizen - the identity document of the citizen issued by authorized state body;

initiative propaganda group - formed in cases, the terms and according to the procedure provided by the national law, the initiative group of the citizens in the quantity established by the national law having the participation right in referendum which is subject to registration in the central electoral body for the purpose of creation of own fund for financing of the propaganda campaign of referendum;

initiative group on holding national referendum - formed according to the procedure and for term, established by the national law, initiative group of the citizens in the quantity established by the national law having the participation right in referendum for the purpose of acceptance initiation by the state bodies or officials of the decision on announcement of referendum authorized on that;

information lighting (providing) - activities for distribution (promulgation) in mass media and telecommunications of information connected with preparation and holding referendum;

campaign of national referendum - the activities for preparation and holding referendum performed during the period from the date of registration of initiative group of citizens by the central electoral body for holding referendum or the decision of the public authority or the official specified in the corresponding international treaty of the State Party of the CIS, about day of representation to the central electoral body of the report on expenditure of the State Budget, allocated (used) for preparation and holding referendum, or about day of refusal in holding referendum;

the coalition of political parties - the temporary voluntary political merging of two and more political parties provided by the national legal system for the purpose of combination of political efforts by preparation and holding referendum;

the commissions of referendum (the central electoral body, other commissions of referendum) - the collegiate organs created (formed) according to the procedure, terms, in the quantitative list of members of the commission with the right of casting vote or the realization and protection of the right of citizens to participation in referendum organizing allocated by appropriate authority according to the national legal system, providing and providing preparation and holding referendum according to the procedure and the terms established by the national legal system;

the international observer - the representative of the international organization, foreign state who is not the citizen of the State Party of the CIS organizing the referendum given the right to perform according to the procedure, established by the national legal system, observation of preparation and holding referendum of the State Party of the CIS;

the national observer - the citizen of the State Party of the CIS, authorized to perform observation of carrying out vote, counting of votes and other activities of the commission during vote, establishment of its results, determinations of results of referendum, including activities of the commission of referendum on check of correctness of establishment of results of vote and determination of results of referendum;

the invalid signature - the signature collected with violation of procedure for petition of participants of referendum and (or) execution of the subscription list of referendum;

the doubtful signature - the signature executed on behalf of one person by other person in case of petition of participants of referendum;

public association - consolidation of citizens (political party, public organization, social movement) which is created and registered according to the national legal system and which has the right according to the procedure, provided by the national legal system, to take part in implementation of actions and procedures when holding referendum;

the district of national referendum - the territory of the State Party of the CIS within which frontier the referendum is held;

personal data - data which allow to identify the identity of the citizen and which list is established by the national law (the national laws, other regulatory legal acts);

the subscription list of national referendum - leaf of the established form for petition of citizens in support of initiative of holding referendum;

the participation right in national referendum - constitutional right of citizens to vote concerning referendum, and also to participate in other actions for preparation and holding referendum;

mass media and telecommunications, the performing information publicizing of preparation and holding referendum providing information services to initiative groups on holding referendum, initiative propaganda groups of citizens, other participants of referendum - the organizations performing TV and broadcasting, editions of periodic printing editions, other mass media provided by the national legal system, registered in accordance with the established procedure which on the basis of the certificate on accreditation by the central electoral body participate in information support (lighting) of campaign for holding referendum according to the procedure and the terms provided by the national legal system;

the subjects having rights of initiative of holding national referendum - the necessary number of the citizens having the participation right in referendum, political parties and other public associations, and also public authorities in the cases and procedure specified in the corresponding international treaty of the State Party of the CIS and the national legal system established by the national legal system;

technical means of counting of votes - the complexes of processing of bulletins, complexes provided by the national laws for electronic vote, other technical means intended for vote and counting of votes of participants of referendum;

participation in implementation of actions for preparation and holding national referendum - the right of citizens, political parties (coalitions) and other public associations, and also the other persons, bodies and organizations specified in the national legal system in the forms allowed by the national law and legal methods to participate in the implementation of actions for preparation and holding referendum according to the procedure provided by the national legal system;

the participant of national referendum - the citizen having according to the constitution of the State Party of the CIS, the national legal system the participation right in referendum;

electronic vote - vote on referendum without use of the bulletin made on paper with use of the electronic bulletin and complex of the automation equipment of state automated system or technical means of calculation, in particular complexes for electronic vote;

the electronic bulletin - the bulletin prepared by program technical means in electronic form, applied when carrying out electronic vote on referendum.

Article 4. Principles of holding referendum

1. The referendum is held with respect for the principle of possibility of manifestation of popular initiative at any time.

2. The referendum is held on the single district of referendum including all territory of the state. The participants of referendum living outside the State Party of the CIS are considered attributed to the single district of referendum.

3. Participation of the citizen in referendum is voluntary and free. Nobody has the right to make impact on the citizen with the purpose to force it to participation or nonparticipation in referendum, in promotion of initiative of holding referendum, in preparation and holding referendum, and also to interfere with its free declaration of will.

4. Citizens participate in referendum on the basis of general equal and direct declaration of will. Each participant of referendum has one voice.

5. The referendum is held with respect for the principle of mystery of the vote excluding possibility of any control of declaration of will of the citizen.

6. The citizen on referendum votes for or against submitted (taken out) for referendum of question (questions) directly (personally).

7. Preparation and holding referendum are performed in the conditions of publicity with the assistance of national and international observers according to the procedure, provided by the national legal system, and according to the conventional principles and rules of international law, international treaties of the State Party of the CIS.

Article 5. Right of citizens to participation in referendum

1. Each citizen of the State Party of the CIS who constantly or mainly is living in the territory of the state and who reached on the date of holding referendum of age of 18 years has the right according to the national constitution and the national legal system on referendum to vote on referendum, to participate in other actions for preparation and holding referendum provided by the national legal system and carried out by legal methods.

2. The citizen can participate in referendum irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to political parties and other public associations, sort and nature of occupations, and also other circumstances.

3. Stay of the citizen out of the place of its permanent or preferential residence during referendum cannot form the basis for deprivation of its participation right in referendum.

4. The citizen living or being during referendum outside the territory of the state has in full the participation right in referendum.

5. In referendum the citizens recognized by court incapacitated or containing in places of detention according to the court verdict and also do not participate in other cases according to the national legal system.

Article 6. Referendum questions

1. The most important questions of the state and public life of the state can be submitted for referendum.

2. In the cases provided by the national constitution, the national laws, questions of referendum can be:

1) adoption of the national constitution, national constitutional laws, national laws, introduction of changes in them and amendments;

2) cancellation of the national constitutional law, national law or its separate provisions;

3) question (questions), which obligatory removal (which) on referendum it is provided by the international treaty of the State Party of the CIS;

4) the questions carried by the national constitution and the national legal system to exclusive maintaining the state;

5) the questions which are directly not prohibited by the national constitution and the national legal system or not contradicting them, not canceling, not limiting or not diminishing the conventional rights and freedoms of man and citizen, the constitutional sales warranties of such rights and freedoms which are not carried to the exclusive jurisdiction of the supreme legislative body of the state.

3. The question submitted for referendum shall be formulated so that the possibility of its multiple interpretation that on it it was possible to give only definite answer was excluded and that uncertainty of consequence in law of the decision made on referendum was excluded.

4. In the cases provided by the national constitution, the national laws, different initiative groups on holding referendum can offer for removal at referendum different, including alternative, questions.

5. Adoption of the decision by public authority to the point which according to the national law can be submitted for referendum, is not the circumstance excluding possibility of holding referendum on the matter.

Article 7. The circumstances excluding holding referendum

1. The referendum is not held under the circumstances which are directly provided by the national constitution and the national legal system.

2. The initiative of holding referendum cannot be announced and the referendum cannot be appointed and be held in the conditions of the military or state of emergency imposed in the territory of the State Party of the CIS and also during the period of time established by the national legal system after cancellation of warlike or emergency state.

3. The initiative of holding referendum on specific question cannot be announced during the period between official publication of the decision on announcement of referendum on other question and official publication (promulgation) of its results.

4. The fixed term during which the repeated referendum with the same formulation of question (questions) in sense or content is not held can be the national legal system. The specified term cannot exceed two years from the date of official publication (promulgation) of results of the held referendum.

Chapter 2. Initiative and announcement of referendum

Article 8. Initiative of holding referendum

1. The initiative of holding referendum belongs to the citizens having the participation right in referendum, and also the representative (legislative) and executive bodies of the government provided by the national constitution and the national legal system. The specified initiative shall be supported by the established national law the necessary number of the citizens having the participation right in referendum.

2. In the cases and procedure provided by the national constitution and the national legal system, the initiative of holding referendum can belong also to other bodies.

3. If the initiative of holding referendum belongs to the public authorities provided by the national constitution and the national legal system, appointment, preparation and holding referendum are performed according to the procedure, established by the national law.

Article 9. Procedure for realization of the initiative of holding referendum belonging to citizens

1. Each citizen or group of citizens having the participation right in referendum form initiative group on holding referendum (further - initiative group) for petition of the citizens having the participation right in referendum in support of initiative of holding referendum which quantitative structure is determined by the national law.

2. The initiative group addresses to body, authorized to make registration of initiative group, with the statement for registration of group.

3. The formulation of question (questions) or the text of the draft decision, the project of the regulatory legal act offered for removal at referendum is specified in the statement of initiative group.

4. The documents of initiative group established by the national law shall be enclosed to the application.

5. If the formulation of the question offered by initiative group does not meet the requirements established by the national legal system, the right of change of the formulation of the question submitted for referendum belongs to exclusively initiative group. The formulation of the question submitted for referendum cannot be changed after registration of initiative group. The national law can provide that registration of initiative group is performed only after receipt of the positive conclusion about constitutionality of question of referendum from the relevant state body <*>.

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<*> In particular, the regulations that the initial appeal to the Constitutional (Supreme) Court of the State Party of the CIS concerning constitutionality (legality) of the question submitted for national referendum and only after receipt of the positive conclusion - the address of initiative group on holding national referendum in the central electoral body is necessary can be fixed.

6. Body, authorized to make registration of initiative group, having established compliance of the statement of initiative group and the documents attached to it to requirements of the national law, in the terms established by the law makes the decision on registration of initiative group, grants it the registration certificate with the approved formulation of question (questions) or the text of the draft decision offered for removal at referendum informs on it authorized bodies, and also reports about it in mass media.

7. In case of refusal in registration of initiative group to persons, representatives to act on behalf of initiative group, the decision of body is issued, authorized to make registration of initiative group in which the refusal bases are specified. This decision shall be issued to initiative group not later than in two days from the date of adoption of such decision.

8. Violation of the national laws by it can be the refusal basis in registration of initiative group.

9. The decision on refusal in registration of initiative group can be appealed in court in the procedure established by the national law.

10. The initiative group before official publication of the decision on announcement of referendum has the right to withdraw the initiative by provision in body, authorized to make registration of initiative group, the protocol on withdrawal of initiative of holding referendum with signatures more than half of participants of initiative group.

Article 10. Petition of citizens in support of initiative of holding referendum

1. From the moment of receipt of the registration certificate the initiative group has the right to organize petition of the citizens having the participation right in referendum, in support of initiative of holding referendum according to the procedure, established by the national law. At the same time only the signatures collected after registration date of initiative group are considered. The expenses connected with petition are born by initiative group.

2. The collecting signatures in support of initiative of holding referendum is performed in the terms established by the national law.

3. The initiative group shall collect the number of signatures established by the national law in support of the initiative.

4. The right of collecting signatures in support of initiative of holding referendum belongs only to members of initiative group.

5. The participant of referendum has the right to append the signature in support of the same initiative of holding referendum only once.

6. Subscription lists shall contain the data approved by the central electoral body and be made in the form approved by it.

7. Requirements to procedure and rules of filling of subscription lists are established by the national law <*>.

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<*> See: Appendix 1 "The subscription list of national referendum" to this Law.

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