REFERENDUM AS A FORM OF DIRECT DEMOCRACY: PROBLEMS AND PROSPECTS OF APPLICATION IN UKRAINE

Abstract

It is proved, that a referendum is a form of direct democracy through which the expression of the will of the people in Ukraine is carried out. With the adoption in December 2021 of the new Law of Ukraine «On Democracy through All-Ukrainian Referendum», new prospects and political problems are opening up for the practical implementation of citizens' participation in the legislative process of Ukraine. The Law «On Democracy through All-Ukrainian Referendum» is a powerful tool for establishing the legislative basis for all-Ukrainian referendum, which covers constitutional amendments, international treaties and other legislative provisions. According to the new law, the citizens of Ukraine are sovereign participants in the comprehensive political process, and are a factor in strengthening the principles of democracy in Ukraine. When further developing the mechanisms of national-state self-determination, it is necessary to consider certain risks associated with the institution of a referendum, the desire to implement populist decisions by the ruling elite or various groups of influence.

The innovativeness of the law «On democracy through all-Ukrainian referendum» is to determine the possibility of introducing electronic voting and other procedures during the organization and conduction of an all-Ukrainian referendum. In order to ensure the organization and conduction of an all-Ukrainian referendum, the law provides for the creation of an automated information and analytical system to ensure electronic voting. Based on the study of foreign experience and legislation, an automated information and analytical system was developed, which is designed to prevent from manipulations with signatures. However, the electronic voting procedure still has to be finalized and regulated. It is necessary to strengthen the technical support for the protection of personal data of voters and the system for electronic voting from hacker attacks and other unauthorized interventions. It is also necessary to establish reliable mechanisms to protect citizens of Ukraine from manipulating their consciousness. Specific measures aimed to regulate the activities of the media, ensure their free work and protect them from unauthorized interference in their activities are required.