Referendum

Referendum is a voting of the people of a whole state (national referendum) or a definite part of the people (local referendum) with the purpose to decide the most important questions of the state and public life.

There are such types of referendum: imperative and consultative, constitutional and legislative, obligatory and optional.

The decision by an imperative referendum has the obligatory value and does not need any assertion. Imperative, for example, was the referendum on the 1 of December 1991 about independence of Ukraine.

The results of a consultative referendum do not have legal force and are not obligatory for the bodies of state power. In some countries the consultative referendum is called "national discussion".

Constitutional is a referendum in a result of which the Constitution can be created, changed or declined. If these questions are deciding concerning to the ordinary law, a referendum is named legislative.

Obligatory referendum is obligatory in accordance with the Constitution. For example, according to article 73 of the Constitution of Ukraine allukrainian referendum is obligatory to change the territory of Ukraine.

If the referendum is determined as one of possible, but not obligatory methods to decide the questions, it is optional referendum. For example, assertion of laws or international agreements.

An all-ukrainian referendum can be appointed by the Verhovna Rada of Ukraine or the President of Ukraine. For example, the Verhovna Rada of Ukraine has the right to appoint the referendum to change the territory of Ukraine.

It is possible to proclaim a referendum on folk initiative. It means than the referendum is created be the people of Ukraine. According to the law of Ukraine this type of referendum is possible, if the proper requirement goes out from no less then 3 million of citizens of Ukraine, who have a right to vote and signatures under the requirement about the referendum must be collected no less then in 2/3 of regions and no less then on 100 thousands of signatures in every region.

According to the Constitution of Ukraine referendum from bills about taxes, budget and amnesty are impossible (article 74).

7. System of bodies of state power in Ukraine:

а). legislative power of Ukraine, legal status of people’s deputy;

The Verkhovna Rada of Ukraine is the sole body of legislative power in Ukraine.

The constitutional composition of the Verkhovna Rada of Ukraine is four hundred and fifty People’s Deputies of Ukraine that are elected on the basis of a universal, equal and direct suffrage by way of a secret ballot.

The norms of the present Law establish that People’s Deputies of Ukraine cannot have any other representative mandate, serve on the civil service, take other offices of profit, engage in other payable or business activity (except for teaching, scientific and creative activity), be included into the composition of a governing body or a supervisory council of a company or an organization that aims at obtaining profits.

In the instance when circumstances that violate the requirements related to the incompatibility of a Deputy mandate with other types of activities emerge, a People’s Deputy of Ukraine must terminate this activity or submit a personal application on abdicating the powers of a People’s Deputy of Ukraine within a twenty-day period from the date of the emergence of such circumstances.

People's Deputy of Ukraine have privilege of parliament (immunity of a deputy).

People's Deputies are elected once in 5 years by way of a secret ballot on the basis of universal, equal and direct suffrage.

A citizen of Ukraine who is 21 years old on the election day, has the right to vote and has resided in Ukraine for the last 5 years may be elected as deputy.

According to the Law, scheduled elections to the Verkhovna Rada of Ukraine must be held on the last Sunday of October of the fifth year of plenary powers of the Verkhovna Rada of Ukraine.

The Verkhovna Rada works in sessions. Every year, regular sessions of the Verkhovna Rada of Ukraine start on the first Tuesday of February and on the first Tuesday of September.

The Parliament's sessions are open. A closed session is to be carried out by the decision of the majority from the constitutional composition of the Verkhovna Rada of Ukraine.

According to the present law, the right of the legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, People’s Deputies of Ukraine and the Cabinet of Ministers of Ukraine.

The legal status of the Parliament - the Verkhovna Rada of Ukraine is determined by Chapter ІV of the Constitution of Ukraine. Article 85 determines the authority of the Verkhovna Rada. Article 92 specifies the list of issues regulated exclusively by laws. The main function of the Verkhovna Rada of Ukrain is to create the laws.

The Verkhovna Rada is the sole body of legislative power in Ukraine. The parliament determines the principles of domestic and foreign policy, introduces amendments to the Constitution of Ukraine, adopts laws, approves the state budget, designates elections of the President of Ukraine, impeaches the president, declares war and peace, appoints the Prime Minister of Ukraine, appoints or approves appointment of certain officials, appoints one-third of the Constitutional Court of Ukraine, elects judges for permanent terms, ratifies and denounces international treaties, and exercises certain control functions etc.

b). executive power of Ukraine;

The Cabinet of Ministers of Ukraine (the Government of Ukraine is the highest body in the system of bodies of executive power). The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and is subordinated to and supervised by the Verkhovna Rada of Ukraine.

The Cabinet of Ministers of Ukraine exercises executive power directly and through ministries, other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea, and local state administrations. The Cabinet of Ministers of Ukraine must guide, coordinate and oversee the activities of these bodies.

The present Law identifies that the Cabinet of Ministers of Ukraine shall consist of the Prime-Minister of Ukraine, the First Vice-Prime-Minister of Ukraine, Vice-Prime-Ministers of Ukraine, and Ministers of Ukraine.

According to the Law, members of the Cabinet of Ministers of Ukraine can be Ukrainian nationals that have the right to vote and higher education and speak the official language. Individuals that have a criminal record that was not cancelled or lifted according to the procedure established by the law cannot be appointed to the positions of members of the Cabinet of Ministers of Ukraine.

Members of the Cabinet of Ministers of Ukraine have no right to combine their official activity with some other work (except for teaching, scientific and creative work in their non-working hours), to be part of the composition of the governing body or the supervisory council of an enterprise or an organization that aims at obtaining profits.

The Law establishes that the Prime-Minister of Ukraine is appointed to this office by the Verkhovna Rada of Ukraine upon the proposal of the President of Ukraine.

According to the Law, members of the Cabinet of Ministers of Ukraine, except for the Minister of Defense of Ukraine and the Minister of Foreign Affairs of Ukraine, are appointed to their offices by the Verkhovna Rada of Ukraine upon the proposal of the Prime-Minister of Ukraine. The Minister of Defense of Ukraine and the Minister of Foreign Affairs of Ukraine shall be appointed to their offices by the Verkhovna Rada of Ukraine upon the proposal of the President of Ukraine.

According to the Law, the main objectives of the Cabinet of Ministers of Ukraine must include:

· supporting state sovereignty and economic independence of Ukraine, implementing internal and external government policy, fulfilling the Constitution of Ukraine and Ukrainian laws, and also acts of the President of Ukraine;

· taking steps to support human and civil rights and freedoms and creating favorable conditions for free and harmonious development of an individual;

· supporting the implementation of financial, pricing, investment, and tax policies, policies in the area of labor and employment, social security, healthcare, education, science and culture, environmental protection, environmental safety, and nature management;

· developing and implementing national programs for economic, scientific, technological, social, and cultural development;

· ensuring equal conditions for the development of all types of ownership and managing objects that are in state ownership according to the law;

· implementing measures to ensure defensive capacity and national security of Ukraine, public order, the combat against crime, and the elimination of the consequences of emergency situations;

· organizing and ensuring the implementation of foreign economic activity and customs activities;

· guiding and coordinating the activities of ministries and other bodies of executive power, and overseeing their activities.

The Law establishes that, before the assumption of their offices, members of the Cabinet of Ministers of Ukraine must be sworn at a plenary session of the Verkhovna Rada of Ukraine. The text of the oath must be read out by the Prime-Minister of Ukraine and its text must be signed by every member of the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers of Ukraine gains powers after at least two-thirds of its members have been sworn in.

Powers of the Cabinet of Ministers of Ukraine must be terminated pre-term in the instance of:

· the dismissal of the Cabinet of Ministers of Ukraine because the Verkhovna Rada of Ukraine has adopted a resolution of no confidence in the Cabinet of Ministers of Ukraine;

· the dismissal of the Prime-Minister of Ukraine on the basis of an application submitted thereby;

· the termination of powers of the Prime-Minister of Ukraine because it is impossible for them to fulfill their powers due to the state of their health;

· the death of the Prime-Minister of Ukraine.

On the basis of the Constitution of Ukraine and Ukrainian laws, the Cabinet of Ministers of Ukraine creates resolutions and instructions that are mandatory for implementation. Acts of the Cabinet of Ministers of Ukraine must be signed by the Prime-Minister of Ukraine.

Local self-government is the right of the territorial community – residents of villages or voluntary unification of residents of several villages, settlements and towns into rural community - to independently resolve local issues within the Constitution of Ukraine and laws of Ukraine. Regional and oblast councils are bodies of local self-government representing common interests of territorial communities of villages, settlements and towns. The issue of organizing the management of districts in cities belongs to the competence of city councils.

c). legal status of the President of Ukraine;

The President of Ukraine is the head of the state. He is the guarantor of the state sovereignty, territorial integrity of Ukraine, adherence to the Constitution of Ukraine, human and civil rights and freedoms.

The President is elected by Ukrainian citizens once in 5 years by secret ballot on the basis of universal, equal and direct suffrage.

Elections of the President of Ukraine must be held on the last Sunday of March on the fifth year of authorities of the President of Ukraine.

The President of Ukraine may be any citizen of Ukraine who is 35 years old on the election day, has the right to vote, speaks official language and has resided in Ukraine for 10 years which precede elections. The same person can not be the President of Ukraine more than two terms subsequently (10 years).

According to the Law (article 106 of the Constitution), the President of Ukraine must:

• submit a proposal for the appointment of the Prime-Minister of Ukraine by the Verkhovna Rada on the basis of the proposal of a coalition of Deputy factions in the Verkhovna Rada of Ukraine, formed according to Article 83 of the Constitution of Ukraine, within a period not exceeding fifteen days from the date of receiving such a proposal;
• submit a proposal to the Verkhovna Rada of Ukraine for the appointment of the Minister of Defense of Ukraine and the Minister of Foreign Affairs of Ukraine;
• appoint and dismiss the Prosecutor General of Ukraine upon agreement of the Verkhovna Rada of Ukraine;
• appoint and dismiss 50% of the composition of the Council of the National Bank of Ukraine;
• appoint and dismiss 50% of the composition of the National Television and Radio Broadcasting Council of Ukraine;
• submit a proposal to the Verkhovna Rada of Ukraine for the appointment and dismissal of the Chair of the Security Service of Ukraine;
• terminate the validity of acts of the Cabinet of Ministers of Ukraine on the motives of the failure to comply with the present Constitution with a simultaneous application to the Constitutional Court of Ukraine regarding their constitutionality;
• cancel acts of the Council of Ministers of the Autonomous Republic of Crimea;
• submit a proposal to the Verkhovna Rada of Ukraine for the declaration of war and, in the instance of an armed aggression against Ukraine, make the decision on deploying the Armed Forces of Ukraine and other military formations established according to Ukrainian laws;
• appoint and dismiss one-third of the composition of the Constitutional Court of Ukraine;
• have the right of veto regarding the laws adopted by the Verkhovna Rada of Ukraine (except for the laws on amending the Constitution of Ukraine) with subsequent return of such laws to the Verkhovna Rada of Ukraine for a repeated examination.

The President of Ukraine signs the laws,which were accepted by the Verkhovna Rada of Ukraine.

Дата добавления: 2014-01-11