Ukraine cannot hold territorial referendum under current law
The current law governing nationwide referendums in Ukraine doesn't allow its citizens to settle questions related to territorial integrity
Hennadii Dubov, a candidate of legal sciences, stated this on Espreso TV.
"From a legal point of view, it is very difficult to analyze the president's statement about a referendum on territorial issues. Because such a statement is not in accordance with current legislation. The people of Ukraine, under the current version of the law on the all-Ukrainian referendum, cannot resolve issues related to territorial integrity. This is precisely what we are talking about here. After all, Article 3 of this law even prohibits raising such a question," Dubov explained.
According to him, only a vote in parliament can change the legislation on the all-Ukrainian referendum, and therefore, at this stage, it is impossible to agree on, or even coordinate, the hypothetical possibility of holding a referendum.
"Speaking of procedures, if Volodymyr Zelenskyy wants to raise the issue of abandoning certain territories, which is also controversial from a legal point of view. Since Article 110 of the Criminal Code of Ukraine provides for responsibility even for calls to violate the territorial integrity of Ukraine. How to conduct a referendum and campaign in such conditions, without violating the requirements of criminal law, is unclear. Moreover, in order to put this issue to a referendum, it is necessary to change the law of Ukraine on the all-Ukrainian referendum, and this can only be done by a vote in parliament with the president's signature. That is, at this stage, it is impossible to agree on, or even coordinate, the hypothetical possibility of holding a referendum. The president's statement is rather political in nature. Currently, these actions cannot be carried out, because it is a criminal offense," he emphasized.
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