Referendum as a form of direct democracy

historical and legal aspects

Abstract

The article identifies theoretical and  practical problems of the referendum  institute as a form of direct democracy  and directions of their solution in the  legislation of Ukraine. The genesis of  the term “referendum” was considered,  the development of the referendum  institute in Switzerland, and it was  proved that more than 50 percent of all  national referenda held in the world  belong to it, and it is stated that the  referendum in Switzerland is a real  mechanism of influence of the public  on policy making. It is justified that  the term "elections" cannot be confused  or equated with the term "referendum"  because their difference lies in the  object of the will of the voters. It is stated that after the Second  World War and the completion  of the decolonization process, the  referendum became a universally  recognized, universal institution  of direct democracy and enshrined  in the constitutions of most states  of the world. Examples of holding  referendums in Ukraine are given and  attention is drawn to the fact that the  referendum decision of April 16, 2000.  has not been implemented in national  legislation. It was noted that the referendum,
which is considered to be the most  democratic form of expression of  the will of citizens, is fixed at the
constitutional level in 36 of the 42 states  of continental Europe. It is emphasized  that the referendum plays a decisive  role in society, is a way of forming  public opinion, a form of exercising  citizens' political rights, and can also  be used even in a democratic state  as a counterweight to representative  democracy, but subject to certain  conditions. First, the referendum  question must be accessible to the  ordinary voter; secondly, before the  referendum is held, the issues that are  at the discretion of the voters should  be discussed beforehand, especially  in the media. Only by fulfilling these  conditions does the referendum enable
the people to express their will and  avoid political manipulation by the  state. The opinions of some scholars on  the concept of the term "referendum"  are given. It is stated that the term "plebiscite"  is considered synonymous with  the term "referendum" in the legal  literature. Attention is drawn to  the fact that the meaning of these  terms does not always coincide, and  therefore, in different countries,  the current legislation differently  approaches these institutions. That  is, plebiscite is regarded as one of the  varieties of referendum on the subject,  at the same time, by their political  and legal nature and procedure, they
are identical. V. Kovalchuk's proposal  that the new law on the all-Ukrainian  referendum should provide for the  right to hold consultative referendums,  including "plebiscite referendums",  was supported.
The expediency of studying  the positive experience of foreign  democratic states regarding the holding of referenda, making necessary changes  and additions to section III “Elections,  referendum” of the Constitution of  Ukraine and adopting a legislative  act on the all-Ukrainian referendum,  the absence of which adversely  affects the further development of  the society, which further influence  the further development of society,  are substantiated. and enhancing  the role of citizens in making major  political and foreign policy decisions  in particular.