A number of Ukrainian public organizations have called for the removal of the topic of approving a “peace treaty” through a referendum from the agenda due to threats to national interests. They emphasized that the attempt to impose the legitimization of peace agreements on Ukrainians through a referendum contradicts the Constitution and laws of Ukraine.
This is reported by “Detector Media”.
Attempts to impose an illegal referendum on Ukraine are dangerous and unacceptable
Open Appeal
Despite the ongoing criminal war of Russia against Ukraine, which challenges the entire free world, attempts persist at the international level to resort to “appeasement” of the aggressor and to push Ukraine towards territorial and other concessions, instead of joint pressure on the invaders to ensure a sustainable peace. This approach to resolving the problem, which entails responsibility and limitations on the victim of aggression, essentially justifies and encourages the aggressor.
In this context, discussions about the alleged necessity of approving the results of a possible peace treaty through a nationwide referendum pose a particular danger.
The attempt to impose the legitimization of peace agreements on Ukrainians through a referendum is unlawful and unacceptable, contradicts the Constitution and laws of Ukraine, and threatens the national interests of our state.
The procedure for concluding and approving Ukraine’s international treaties is defined by the Constitution, Ukrainian, and international law and does not provide for holding a referendum. Approval of international treaties is the exclusive jurisdiction of the Verkhovna Rada of Ukraine.
The only instance where the Verkhovna Rada must call a referendum is the approval of a treaty on changing the territory of Ukraine. At the same time, we cannot allow the President of Ukraine or persons authorized by him to conclude a treaty that would encroach on the territorial integrity of our state and envisage the relinquishment of part of its sovereign territory.
The President of Ukraine, according to the Constitution, can call a referendum only in the event of amendments to sections I, III, XIII of the Basic Law (after these changes are approved by 300 votes in the Verkhovna Rada) or proclaim a referendum on people’s initiative (when citizens gather 3 million signatures under a question they themselves formulate, not the President, signatories of the international treaty, or anyone else).
Ukraine has experience of successfully holding a referendum only once, concerning the confirmation of the Act of Declaration of Independence of Ukraine. The idea of the referendum was to enshrine this historic decision once and for all, which was a justified initiative. The referendum on December 1, 1991, was an act of Ukraine’s unification and affirmation of its freedom and independence.
Attempts to approve a compromised and knowingly unequal treaty through a referendum, which is intended to be merely a temporary solution, and in an obviously unconstitutional manner, on the contrary, undermine our sovereignty and national unity.
Particular attention should be given to the anticipated Russian intervention in the discussion process and influence on the referendum voting. By exploiting the space of open public discussion and using tools of armed coercion, the Russians will inevitably use the referendum to escalate confrontation within Ukrainian society.
To preserve democracy in Ukraine in the post-war period, the state must first prepare and, after the necessary legal and security conditions are met, conduct highly complex presidential, parliamentary, and local elections, which, according to the Law of Ukraine “On the All-Ukrainian Referendum,” cannot be combined with holding a referendum.
In the interests of protecting the legal order, national security, and civil peace in our state, and reminding that according to Article 19 of the Constitution, state authorities and officials “are obliged to act only based on, within the powers, and in a manner prescribed by the Constitution and laws of Ukraine,” we call for:
- removing the topic of approving a peace treaty via referendum from the agenda;
- preventing the agreement and signing of provisions by Ukrainian representatives in international agreements that contradict the Constitution and laws of Ukraine, including commitments to hold any referendums.
We caution the President and the Verkhovna Rada of Ukraine against any attempts to proclaim a referendum in violation of the requirements of Article 72 of the Constitution of Ukraine, as such attempts would have an overtly unlawful nature and unpredictable destructive consequences.
Hanna Hopko, Head of the Foreign Affairs Committee of the Verkhovna Rada VIII convocation, head of ANTS;
Volodymyr Ohryzko, Minister of Foreign Affairs of Ukraine (2007-2009), Head of the Center for Russian Studies;
Igor Koliushko, Chairman of the Board of the Center for Political and Legal Reforms;
Andriy Mahera, Deputy Chairman of the Central Election Commission (2007-2018), Honored Lawyer of Ukraine;
Evgen Zaharov, Director of the Kharkiv Human Rights Group NGO;
Vita Dumanska, Head of the CHESNO Movement;
Nataliia Lygachova, Detector Media NGO;
Taras Shamayda, Co-coordinator of the Freedom Space Movement;
Valeriy Pekar, Decolonization NGO;
Michael Gonchar, President of the Strategy XXI Center;
Andriana Arekhta, Head of the Women’s Veterans Movement NGO;
Olena Halushka, Head of the International Center for Ukrainian Victory;
Serhiy Mokreniuk, Veteran, representative of the Regional Council of Ukrainians of Crimea;
Stanislav Fedorchuk, Chairman of the Board of the Ukrainian People’s Council of Donetsk and Luhansk NGO;
Andriy Shchekun, Head of Strategic Communications and Development of the Crimean Center for Business and Cultural Cooperation “Ukrainian House” NGO;
Roman Son, Head of the International Center for Ukrainian Studies “Direct Initiative”;
Natalia Sklyarska, Project Coordinator of the Social Capital NGO;
Oleksiy Panych, Ukrainian PEN;
Yevhen Bystrytsky, Ukrainian Philosophical Fund;
Volodymyr Horbach, Executive Director of the Institute for the Transformation of Northern Eurasia;
Oleksiy Kovzhun, Media GRUNT;
Olena Kravchenko, Director of the Ecology – Law – Human NGO;
Victoria Voytsitska, Member of the Verkhovna Rada (2014-2019), member of the supervisory board of the analytical center “We Build Ukraine”;
Bohdan Pankevych, Diplomat, public figure;
Sviatoslav Litynskyi, Head of the Independent NGO;
Olha Popenko, Head of the Might of Azov NGO;
Nataliia Chornogub, Head of the Open Data Association;
Andrii Hinkul, Center for Reforms and Local Development;
Kateryna Pryimak, Head of the Veteranka Foundation;
Mykola Sioma, Director of the Ukrainian Legal Aid Foundation;
Andrii Podanenko, Director of ITCare LLC, CxO EnergyCitizen;
Oksana Huyda, Head of the Kremenchuk Anti-Corruption Center NGO;
Dmytro Kuznetsov, Chairman of the Board of the STAN NGO;
Oksana Nesterenko, Executive Director of the Anti-Corruption Research and Education Center NGO (ACREC);
Larissa Verbitskaya, CEO, co-founder of UkraineNow org;
Anastasia Rozlucka, Head of the Ukrainian World NGO;
Serhiy Stukanov, Head of the Institute of Sovereignty NGO;
Natali Sokolenko, Journalist, board member of the Institute of Sovereignty NGO;
Nataliia Zabolotna, National Protection NGO;
Natalia Starynska, Chair of the Board of the Higher NGO;
Halyna Bakhmatova, Project Manager of the CVU, Kherson;
Vitaliy Ovcharenko, Soldier of the Armed Forces of Ukraine, Head of the Movement of Displaced Persons of Ukraine NGO;
Oleksiy Burmak, Volunteer, director of the film “Russian Threat”, military serviceman, New Unity NGO;
Oleksandr Tseholnik, Head of Perfect Art Group NGO;
Oleksandra Kyriushyna, Head of the Cultural Assembly NGO;
Oleksandra Petskovich, Boyko Ethnological Society NGO;
Eduard Chizmar, Founder of the ZORAX NGO;
Oleh Slabospytskyi, Member of the Supervisory Board of the National Ukrainian Youth Association;
Volodymyr Berezin, Bakhmat NGO;
Maksym Latsyba, Head of the Civic Development Program
of the society UCPPD;
Said Ismagilov, former mufti, officer of the Armed Forces of Ukraine;
Andriy Teteruk, former commander of the “Peacekeeper” battalion, member of parliament of the 8th convocation.
