Open AccessNew referendum legislation and the issue of inviolability of constitutional order principles of Ukraine
Author(s) -
Andriy Samotuha
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-5-53-61
Subject(s) - referendum , legislation , constitution , political science , politics , ukrainian , democracy , order (exchange) , law , constitutional review , law and economics , realization (probability) , constitutional law , sociology , economics , mathematics , philosophy , linguistics , statistics , finance
The article deals with some problems of realization and political-legal consequences of such form of direct democracy as referendum. Along with the existing advantages, the article’s objective is to identify and theoretically and methodologically substantiate the political and legal risks of the formation of new referendum legislation of Ukraine and its possible negative impact on the steadfastness of the constitutional order of the state. The author has analyzed a retrospective of some facts of referendums, as a result of which demo-cratic freedoms were narrowed and in some cases liquidated and international mechanisms for their pro-tection were revised. The attention has been paid to the debatable provisions of the draft law of Ukraine "On People’s Power through an All-Ukrainian Referendum" in terms of amending the Constitution of Ukraine regarding the rules on the constitutional order foundations.