The president of Ukraine is obliged to declare an All-Ukrainian referendum if it is initiated with observance of requirements of the Constitution and laws.
It follows from the decision of the Constitutional Court of Ukraine (CCU) of the October 15, 2008 published on Tuesday, October 21.
"The president of Ukraine is obliged to proclaim an All-Ukrainian referendum if it is initiated with observance established by the Constitution and laws of Ukraine of requirements for the organization and an order of holding an All-Ukrainian referendum on a popular initiative", - is spoken in the solution of KS.
"Norma Konstitutsii is norm of direct action, and lack of a detailed unormirovaniye of procedure of holding a referendum doesn't exempt the president from a duty it to proclaim", - notes KS.
The exclusive right of the people to a referendum can't be limited by the president, is emphasized in the solution of KSU.
Thus, the Constitutional court published the decision made on October 15 on business on the constitutional representation of 51 People's Deputies of Ukraine on official interpretation of provision of point 6 of part 1 of article 106 of the Constitution of Ukraine (case of declaration as the president of Ukraine of an All-Ukrainian referendum on a popular initiative). Authors of representation appealed to court with the petition to give official interpretation of provision of the Constitution of Ukraine to proclaim an All-Ukrainian referendum on a popular initiative concerning powers of the president of Ukraine and to find out:
- whether are powers of the president of Ukraine, the parts 1 of article 106 of the Constitution of Ukraine defined by point 6, on declaration of a national referendum on a popular initiative the constitutional standard of obligations character which assigns to it as the guarantor of observance of the Constitution of Ukraine, the rights and freedoms of the person and the citizen a duty to provide realization of the right for will implementation through a referendum as a form of direct democracy;
- whether is signing by Central Election Commission of the protocol on observance of conditions and existence of bases about purpose of a referendum on a popular initiative in a context of part 2 of article 72 of the Constitution of Ukraine the legal fact (basis) of urgent (immediate) declaration as the president of Ukraine of an All-Ukrainian referendum on a popular initiative.
The legal entity on the constitutional representation proves practical need for an explanation and official interpretation of this instruction lack of regulation in the law of Ukraine "About All-Ukrainian and local referenda" a question of volume of the rights and duties of the president of Ukraine of declaration as it of an All-Ukrainian referendum on a popular initiative.