2000 Ukrainian constitutional referendum

Last updated

A four-part constitutional referendum was held in Ukraine on 16 April 2000. [1] The referendum was called by President Leonid Kuchma, [2] and asked voters whether they approved of four amendments to the constitution that would increase the powers of the President and introduce an upper chamber. [2]

Contents

Although all four were approved by wide margins, [3] the changes were never implemented by the Verkhovna Rada on the basis that the referendum was unconstitutional, as it had not passed the proposals before they went to a referendum. [2] The Venice Commission that reviewed the case confirmed the questionable nature of the referendum that should be reviewed by the Constitutional Court of Ukraine.

Questions

  1. Do you support the proposal to complete Article 90 of the Constitution of Ukraine with a new third part with the following content: "The President of Ukraine can suspend the powers of the Verkhovna Rada of Ukraine, if the Verkhovna Rada of Ukraine fails to form a stable and operational majority in one month, or if it fails to adopt the state budget of Ukraine prepared and submitted in due form by the Cabinet of Ministers of Ukraine in three months." That could be considered as an additional reason for the dissolution of the Verkhovna Rada of Ukraine by the President of Ukraine with a corresponding amendment to paragraph 8 part one of Article 106 of the Constitution of the Ukraine: "and other cases as established in the constitution of Ukraine"? [3]
  2. Do you agree with the necessity to limit the immunity of the People's Deputies of Ukraine and to delete paragraph three of Article 80 of the Constitution of Ukraine which reads: "People's Deputies of Ukraine cannot be held criminally liable, detained or arrested without the consent of the Verkhovna Rada"? [3]
  3. Would you agree to reduce the number of People's Deputies of Ukraine from 450 to 300 and to replace, in this context, in the first part of Article 76 the words "four hundred and fifty" by "three hundred", and to make corresponding changes in the legislation on elections? [3]
  4. Do you agree that it is necessary to create a two-chamber parliament where one of the chambers would represent interests of the Ukrainian regions, and to introduce the corresponding changes to the Constitution of Ukraine and legislation on elections? [3]

Conduct

According to historian Serhy Yekelchyk President Kuchma's administration "employed electoral fraud freely" during the referendum. [4]

Results

QuestionForAgainstInvalid/
blank
Total
votes
Registered
voters
Turnout
(%)
Result
Votes%Votes%
Additional circumstances under which the president can suspend parliament25,177,98485.924,126,39414.08393,66929,698,04736,629,92681.08Approved
Introducing limitations on parliamentary immunity26,461,38290.242,862,5609.76370,76329,694,70536,629,92681.07Approved
Reducing the number of members of parliament from 450 to 30026,730,43291.142,597,9158.86366,51429,694,86136,629,92681.07Approved
Making the parliament bicameral24,284,22082.944,994,33617.06416,82429,695,38036,629,92681.07Approved
Source: Nohlen & Stöver

See also

Related Research Articles

The politics of Ukraine take place in a framework of a semi-presidential republic and a multi-party system. A Cabinet of Ministers exercises executive power. Legislative power is vested in Ukraine's parliament, the Verkhovna Rada.

<span class="mw-page-title-main">Socialist Party of Ukraine</span> Political party in Ukraine

The Socialist Party of Ukraine was a social democratic and democratic socialist political party in Ukraine. It was one of the oldest parties in Ukraine and was created by former members of the Soviet-era Communist Party of Ukraine in late 1991, when the Communist Party was banned. The party was represented in the Verkhovna Rada, Ukraine's parliament, from 1994 to 2007 and was the third and fourth largest party during that period. From 2007 onwards the party's electoral results became increasingly marginal, failing to win any seats in subsequent elections despite historically strong support in the central regions of the country. Oleksandr Moroz had led the party for more than twenty years before his resignation in 2012.

A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.

<span class="mw-page-title-main">Verkhovna Rada</span> National parliament of Ukraine

The Verkhovna Rada of Ukraine is the unicameral parliament of Ukraine.

<span class="mw-page-title-main">Elections in Ukraine</span> Political elections for public offices in Ukraine

Elections in Ukraine are held to choose the president, Verkhovna Rada (legislature), and local governments. Referendums may be held on special occasions. Ukraine has a multi-party system, with numerous parties in which often not a single party has a chance of gaining power alone, and parties must work with each other to form coalition governments.

<span class="mw-page-title-main">Constitution of Ukraine</span> Supreme law of Ukraine

The Constitution of Ukraine is the fundamental law of Ukraine. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada, the parliament of Ukraine, on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible. All other laws and other normative legal acts of Ukraine must conform to the constitution. The right to amend the constitution through a special legislative procedure is vested exclusively in the parliament. The only body that may interpret the constitution and determine whether legislation conforms to it is the Constitutional Court of Ukraine. Since 1996, the public holiday Constitution Day is celebrated on 28 June.

<span class="mw-page-title-main">Oleksandr Moroz</span> Ukrainian politician

Oleksandr Oleksandrovych Moroz is a Ukrainian politician. He was the Chairman of the Verkhovna Rada twice, from 1994 to 1998 and again from 2006 to 2007. Moroz is one of the founders and the leader of the Socialist Party of Ukraine, formerly an influential political party in Ukraine. Moroz lost parliamentary representation when the Socialist Party failed to secure sufficient number of votes (2.86%) in the 2007 snap parliamentary election, falling 0.14% short of the 3% election threshold.

The Democratic Bloc was a political alliance and an electoral bloc in Ukraine founded during the election campaign to participate in the parliamentary election held in March 1990.

<span class="mw-page-title-main">1996 Belarusian referendum</span> 1996 referendum by the Belarusian government on political, constitutional, and financial changes

A seven-question referendum was held in Belarus on 24 November 1996. Four questions were put forward by President Alexander Lukashenko on changing the date of the country's independence day, amending the constitution, changing laws on the sale of land and the abolition of the death penalty. The Supreme Council put forward three questions on constitutional amendments by the Communist and Agrarian factions, local elections and the national finances.

<span class="mw-page-title-main">1994 Ukrainian presidential election</span>

Early presidential elections were held in Ukraine on 26 June 1994, with a second round on 10 July. They were held ahead of schedule following a compromise between President Leonid Kravchuk and the Verkhovna Rada. The elections saw Kravchuk defeated by his former Prime Minister Leonid Kuchma. They were the first presidential elections in the Commonwealth of Independent States in which the incumbent was defeated.

<span class="mw-page-title-main">1999 Ukrainian presidential election</span>

Presidential elections were held in Ukraine on 31 October 1999, with a second round on 14 November. The result was a victory for Leonid Kuchma, who defeated Petro Symonenko in the run-off.

<span class="mw-page-title-main">State Council of Crimea</span> Regional parliament of the Republic of Crimea

The State Council of Crimea is the parliament of the Russia-administered Republic of Crimea. It claims to be a continuation of the 'Supreme Council of Crimea' following a vote by the Ukrainian parliament to dissolve the Supreme Council of Crimea. The Parliament is housed in the Parliament building in the centre of Simferopol.

The political crisis in Ukraine lasted from April to June 2007 was part of political stand off between coalition and opposition factions of Verkhovna Rada that led to the unscheduled 2007 Ukrainian parliamentary election. It started on 2 April 2007 as a culmination of long lasting crisis and degradation of the parliamentary coalition when the President of Ukraine attempted to dissolve the parliament.

<span class="mw-page-title-main">2007 Ukrainian parliamentary election</span>

Early parliamentary elections were held in Ukraine on 30 September 2007. The election date was determined following agreement between the President Viktor Yushchenko, the Prime Minister Viktor Yanukovych and the Chairman of the Verkhovna Rada Oleksandr Moroz on 27 May 2007, in an attempt to resolve the political crisis in Ukraine triggered by the 2 April 2007 presidential decree on dissolution of Ukraine's parliament.

Imperative mandate commonly refers to a provision in the Constitution of Ukraine in which members of the Verkhovna Rada are bound by the constitution and laws of Ukraine to remain members of the parliamentary faction or bloc in which they were elected. Imperative mandate provisions were defined in the Constitution in articles Articles 78 and 81.

<span class="mw-page-title-main">President of Ukraine</span> Head of state of Ukraine

The President of Ukraine is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties. The president is directly elected by the citizens of Ukraine for a five-year term of office, limited to two terms consecutively.

Language policy in Ukraine is based on its Constitution, international treaties and on domestic legislation. According to article 10 of the Constitution, Ukrainian is the official language of Ukraine, and the state shall ensure the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of the country. Some minority languages have significantly less protection, and have restrictions on their public usage.

The 1991 Transcarpathian general regional referendum took place on December 1, 1991, on the same day as the Ukrainian independence referendum and the first presidential elections in Ukraine. The question of the referendum was "On the granting Transcarpathian region status of an autonomous province within Ukraine."

<span class="mw-page-title-main">Vladyslav Nosov</span> Ukrainian politician, lawyer, and civil servant (born 1946)

Vladyslav Vasylyovych Nosov is a Ukrainian politician, lawyer, and civil servant. He was a co-author of the Declaration of State Sovereignty of Ukraine, Declaration of Independence of Ukraine, the Regulations of Verkhovna Rada of Ukraine, and the Constitution of Ukraine. He was the first Permanent Representative of the President of Ukraine to the Constitutional Court of Ukraine, serving from 25 May 1998 to 22 January 2005.

References

  1. Dieter Nohlen & Philip Stöver (2010) Elections in Europe: A data handbook, p1976 ISBN   9783832956097
  2. 1 2 3 Nohlen & Stöver, p1969
  3. 1 2 3 4 5 Nohlen & Stöver, pp1985–1986
  4. The Conflict in Ukraine: What Everyone Needs to Know by Serhy Yekelchyk, Oxford University Press, 2015, ISBN   0190237287 (page 87)