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The draft law aims to empower the Ukrainian people to create and adopt a new constitution through a democratic process. It promotes the formation of a Constitutional Assembly elected by the people, which will draft the new constitution based on broad public debate. The draft will then undergo preliminary approval by the Assembly and be put to a national referendum. This initiative is necessary as the current authorities have ignored the people's will for state and government reform.
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Draft law “The draft law "On the preparation of the new Constitution of Ukraine” Coalition of Civil Society "National Constitution"
Why Ukrainian people must accept the constitution? The Constitution of Ukraine, Article 5: • “The right to determine and change the constitutional order in Ukraine belongs exclusively to the people and cannot be usurped by the state, its agencies or officials.” • “No one can usurp state power.”
Why do people have to work out and adopt the Constitution? • Works only the law recognized by citizens • Ukrainian authorities ignore the will of the people for reform of state and government • The development of the Constitution byspecial body of constituent power, which was elected by the people (Constitutional Assembly), is the most democratic way to change constitutional order.
What do we offer? • Draft Law "On the preparation of the new Constitution of Ukraine" - is an instrument, not a new Constitution itself. • People should create and adopt the new Constitution
The stages of drafting a new constitution • Initiating the process of drafting the new Constitution by the people - the people's initiative • Formation of the Constitutional Assembly by national elections (the majority system in 4-seat constituencies). • Drafting a new constitution by the Constitutional Assembly on the basis of broad public debate • Preliminary approval of the new Constitution by Constitutional Assembly and putting a drafttoa national referendum
1. Initiating the process of drafting the new Constitution • Take place by registration of a people's initiative to hold a national referendum on a new Constitution • People's initiative is a compellation of citizens of Ukraine, which was signed by no less than 3 million citizens of Ukraine who are eligible to vote, provided that their signatures collected no less than in two-thirds of the administrative units of Ukraine predicted by Article 133 of the Constitution Ukraine, and not less than 100 thousand signatures in each of these administrative units.
2. The election of the Constitutional Assembly 300 people’s representatives self-nomination, monetary deposit, 1000 of signatures majority system in 4-seat constituencies 75 territorial election constituencies
May not be people's representatives: • President of Ukraine • MP of Ukraine • Member of the Government • A civil servant who holds the position of category A • Judge • Prosecutor • The person who held any of these positions in the past 5 years • The persons mentioned in the first, second, fourth, eighth article 3 of the Law "On cleaning power" • A citizen who has a criminal record for committing an intentional crime
People's Representative has no right to occupy following positions for 10 years: • Head of state • Member of legislative body • Member of highest executive body • Category A civil servants • Judges
Features of the agitation • Do not promote candidates on television, radio and outdoor advertising media • Agitation is carried out only by discussing of proposals on the content of future Constitution
3. Development and approval of the draft of new Constitution of Ukraine • The authority of the Constitutional Assembly includes: • Drafting of the new Constitution of Ukraine • Approval of the new Constitution submitted for national referendum • Deciding on the confirmation the immutability of the Constitution of Ukraine
Development / revision of the draft of new constitution • Preparation of documents for public discussion • Public discussions • Summary of public discussions • Development of the Concept of the Draft • Drafting a new constitution • Public discussion of the draft of new constitution • Consideration of the results of public discussions • Approval of the new Constitution
The decision of the Constitutional Assembly • The authority of the Constitutional Assemblyis discontinued with the adoption or decision to confirmation the immutability of the Constitution, or putting a draft to a national referendum. • The decision on passing the new Constitution of Ukraine for the approval of national referendum adopted by no less than two-thirds of the total members of the Constitutional Assembly by two consecutive voting, which cannot happen in one day.
Early termination of powers of the Constitutional Assembly • Only by the decision of referendum Ukrainian referendum on the early termination of powers of the Constitutional Assembly can be proclaimed by popular initiative or appointed by the President of Ukraine or the Verkhovna Rada of Ukraine no sooner thansix months after the entry of the Constitutional Assembly
4. Holding a referendum • The President shall call a referendum on popular initiative on the approval of the new Constitution of Ukraine within 5 days after the decision of the Constitutional Assembly to approve the draft of new Constitution of Ukraine • Organization of the referendum is in accordance with the legislative regulation of the constitutional referendum. (It should be the new version of the law "On National Referendum")
The referendum question is • "Do you support the adoption of the new Constitution of Ukraine as follows: (a project adopted by the Constitutional Assembly)?"
New Constitution • Constitution approved by the majority of the voters who participated in voting. • It is considered that the referendum done if at least half of the voters registered in the Register of Voters, have voted.
