Open appeal
Despite Russia’s ongoing criminal war against Ukraine, which is a challenge to the entire free world, attempts at the international level continue, instead of applying joint pressure on the invaders to ensure a sustainable peace, to resort to “appeasement” of the aggressor and to encourage Ukraine to make territorial and other concessions. Such an approach to resolving the problem, which implies responsibility and restrictions for the victim of aggression, effectively justifies and encourages the aggressor.
Particularly dangerous in this context are discussions about the alleged necessity of approving the results of a possible peace agreement through an All-Ukrainian Referendum.
An attempt to impose on Ukrainians the legitimization of peace agreements 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 international treaties of Ukraine is defined by the Constitution, Ukrainian and international legislation and does not provide for the holding of a referendum. The approval of international treaties falls within the exclusive powers of the Verkhovna Rada of Ukraine.
The only case in which the Verkhovna Rada must call a referendum is when approving an agreement on changes to Ukraine’s territory. At the same time, we cannot allow the President of Ukraine or his authorised representatives to conclude an agreement that would encroach on the territorial integrity of our state and involve the relinquishment of part of its sovereign territory.
Under the Constitution, the President of Ukraine has the right to call a referendum only in the case of amendments to Chapters I, III, and XIII of the Basic Law (after these amendments have been approved by 300 votes in the Verkhovna Rada of Ukraine), or to proclaim a referendum by public initiative (when citizens, in accordance with the procedure defined by law, collect 3 million signatures in support of a question formulated by them themselves, and not by the President, the signatories of an international treaty, or anyone else).
Ukraine has experience of successfully holding a referendum only once, when it was about confirming the Act of Declaration of Independence of Ukraine. The idea of the referendum was to record this historic decision once and for all. It was a justified initiative. The referendum on December 1, 1991, was an act of uniting Ukraine and affirming its freedom and independence. Attempts to approve, through a referendum, a compromise and deliberately unequal agreement, which is supposed to be only a temporary solution, and in a deliberately unconstitutional manner, on the contrary, undermine our sovereignty and national unity.
Particular attention should be paid to the anticipated Russian interference in the discussion process and its influence on the referendum voting. Using the space of open public debate and applying the tools of armed blackmail, 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.
Based on the interests of protecting the rule of law, national security, and civil peace in our state, and recalling that, according to Article 19 of the Constitution, state authorities and officials “are obliged to act only on the basis of, within the powers, and in the manner prescribed by the Constitution and laws of Ukraine,” we call upon:
to remove from the agenda the issue of approving a peace treaty through a referendum;
to prevent the approval and signing by representatives of Ukraine of provisions of international agreements that contradict the Constitution and laws of Ukraine, including obligations to hold any referendums.
We caution the President and the Verkhovna Rada of Ukraine against any attempts to declare a referendum in violation of Article 72 of the Constitution of Ukraine, as such attempts would be clearly unlawful and could have unpredictable destructive consequences.
Hanna Hopko, Chair of the Foreign Affairs Committee of the 8th convocation of the Verkhovna Rada of Ukraine, Head of ATNS;
Volodymyr Ohryzko, Minister of Foreign Affairs of Ukraine (2007–2009), Head of the Center for Russian Studies;
Ihor Koliushko, Chairman of the Board of the Center for Political and Legal Reforms;
Andrii Mahera, Deputy Chair of the Central Election Commission (2007–2018), Honored Lawyer of Ukraine;
Yevhen Zakharov, Director of the NGO “Kharkiv Human Rights Protection Group”;
Vita Dumanska, Head of “CHESNO Movement”;
Nataliia Lyhachova, NGO “Detector Media”;
Taras Shamaida, Co-Coordinator of the “Prostir Svobody” (Freedom Space) Movement;
Valerii Pekar, NGO “Decolonization”;
Mykhailo Honchar, President of the Center “Strategy XXI”;
Andriana Arekhra, Head of the NGO “The Women Veterans Movement”;
Olena Halushka, Head of the International Center for Ukrainian Victory.
Serhii Mokreniuk, veteran, representative of the Kraiova Council of Ukrainians in Crimea;
Stanislav Fedorchuk, Chair of the Board of the NGO “Ukrainian People’s Council of Donetsk and Lugansk”;
Andrii Shchekun, Head of Strategic Communications and Development of the NGO “Crimean Center for Business and Cultural Cooperation” “Ukrainian House”;
Roman Son, Head of the International Center for Ukrainian Studies “Direct Initiative”;
Nataliia Skliarska, Project Coordinator of the NGO “Social Capital”;
Oleksii Panych, Ukrainian PEN;
Yevhen Bystrytskyi, Ukrainian Philosophical Foundation;
Volodymyr Horbach, Executive Director of the Institute of Transformation of Northern Eurasia;
Oleksii Kovzhun, media GRUNT;
Olena Kravchenko, Director of the International Charitable Organization “Ecology – Law – Human”;
Viktoriia Voitsitska, Member of Parliament of the Verkhovna Rada of Ukraine (2014–2019), Member of the Supervisory Board of the analytical center “We Build Ukraine”;
Bohdan Pankevych, diplomat, public figure;
Svyatoslav Litynskyi, Head of the NGO “Nezalezhni”;
Olha Popenko, Head of the NGO “Force of Azov”;
Nataliia Chornohub, Head of the Open Data Association;
Andrii Hinkul, Center for Reforms and Local Development;
Kateryna Pryimak, Head of the Charitable Foundation “Veteranka”;
Mykola Sioma, Director of the All-Ukrainian Charitable Organization “Ukrainska Fundatsiia Pravovoi Dopomohy”;
Andrii Podanenko, Director of ITCare LLC, CxO EnergyCitizen;
Oksana Huida, Head of the NGO “Kremenchutsky Anti Corruption Center ”;
Dmytro Kuznietsov, Chair of the Board of the NGO “STAN”;
Oksana Nesterenko, Executive Director of the NGO Interdisciplinary Scientific and Educational Center for Counteracting Corruption in Ukraine (ACREC);
Larysa Verbytska, CEO, Co-Founder of UkarineNow org;
Anastasiia Rozlutska, Head of the NGO “Ukrainskyi Svit”;
Serhii Stukanov, Chairperson of the NGO “Liberty Institute”;
Natalia Sokolenko, Journalist, Board Member of the NGO “Liberty Institute”;
Nataliia Zabolotna, NGO “Narodnyy Zakhyst”;
Nataliia Starynska, Chairperson of the Board of the NGO “Go higher”;
Halyna Bakhmatova, Project Manager at the CVU, Kherson.;
Vitalii Ovcharenko, Soldier of the Armed Forces of Ukraine, Chairperson of the NGO “Movement of Ukrainian Internally Displaced People”;
Oleksii Burmak, Volunteer, Director of the Film “Russian Threat”, Service Member, NGO “New Unity”;
Oleksandr Tseholnyk, Head of the NGO “Perfect Art Group”;
Oleksandra Kyriushyna, Head of the NGO “Cultural Assembly”;
Oleksandra Petskovych, All-Ukrainian Public Organization “Boyko Ethnological Society”;
Eduard Chizmar, Founder of the NGO “ZORAX”;
Oleh Slabospytskyi, Member of the Supervisory Board of the National Ukrainian Youth Association;
Volodymyr Berezin, NGO “Bakhmat”;
Maksym Latsyba, Head of the Civil Society Development Program at the Ukrainian Center for Independent Political Research;
Serhii Ismahilov, Former Mufti, Officer of the Armed Forces of Ukraine.
