The Ukrainian people as participants in law-making

This article presents a comprehensive study of the legal nature of the Ukrainian people as participants in law-making activities within the context of the development of a democratic, constitutional and social state. It analyses the constitutional and legislative foundations of the Ukrainian people’s participation in the exercise of public authority, particularly in the sphere of adopting normative legal acts. Particular attention is paid to the provisions of the Law of Ukraine ‘On Law-Making Activity’, which, for the first time at a systemic level, enshrined the Ukrainian people in a nationwide referendum as a subject of law-making activity. The study examines doctrinal approaches to understanding the concepts of ‘the people’ and ‘the Ukrainian people’, identifying their main characteristics and features in the context of the realisation of popular sovereignty. It substantiates the author’s definition of the Ukrainian people as a unified community of Ukrainian citizens of all nationalities, which, thanks to the primacy of its own self-determination, has established the state, the law and other social institutions. It has been established that the Ukrainian people are a special subject of law-making activity, which exercises its powers through forms of direct democracy. This article explores the concept of a law-making entity and analyses the role of the Ukrainian people within the system of law-making entities. Considerable attention is devoted to the examination of the all-Ukrainian referendum as the primary means by which the people exercise their law-making powers. The article analyses the procedure for initiating, organising and conducting a nationwide referendum on the basis of a popular initiative, the specific features of the initiative group’s activities, the role of the Central Election Commission and the President of Ukraine in the procedure for calling a referendum, as well as the legal consequences of decisions taken by the Ukrainian people. It is argued that the current state of regulatory and legal framework governing the Ukrainian people’s participation in law-making activities requires further improvement. Promising directions for the development of forms of direct democracy have been identified, including popular legislative initiatives, popular vetoes, public consultation on draft legislative acts, e-democracy, public opinion polls and public review of legislative acts. It is concluded that expanding the mechanisms for the Ukrainian people’s participation in the law-making process will contribute to strengthening the democratic foundations of statehood, enhancing the legitimacy of legislative acts, and developing civil society in Ukraine.