The opposition will initiate the calling of a national referendum to cancel Article 365 of the Criminal Code of Ukraine under which former Ukrainian Premier Yulia Tymoshenko was convicted.
“We propose to call a national referendum to cancel Article 365 of the Criminal Code of Ukraine. As soon as we cancel the article, Yulia Tymoshenko will be released,” MP Yuriy Odarchenko said, according to the press service of the Batkivschyna Party Organization in Kyiv.
The statement reads that the proposal will be promoted by absolutely legal means, according to the Constitution of Ukraine, the current law on the national and local referendums, and the new wording of the law of Ukraine on the national and local referendums, which was passed by the Verkhovna Rada, Ukraine’s parliament, on Nov. 6, 2012.
According to the MP, Tymoshenko’s release via a popular vote could become a political precedent, as referendums for release of one person have never been called in the world.
Odarchenko added that the opposition will initiate the calling of the referendum to cancel “the repressive Article 365” (abuse of power or office) no matter whether the president of Ukraine signs the new referendum law or not.
The politician also said that under the Constitution of Ukraine and both laws on national referendums (the one that is currently in effect, and the one that has not been signed into law yet), people have the right to pass or cancel laws at a referendum.
“Thus, Article 365 of the Criminal Code of Ukraine under which Tymoshenko was sentenced to seven years in prison and the issue of decriminalization of the articles could legally be brought up for popular discussion,” Odarchenko said.
As reported, the Verkhovna Rada passed the bill on the national referendum on Nov. 6, 2012.
According to the document, the national referendum can be called to approve a new wording of the constitution, amendments to it, and the cancellation of a law amending the constitution.
Referendums can also be called to decide on the issues related to change of the territory of Ukraine.
According the law, the national referendum can be initiated by the Ukrainian people and the Verkhovna Rada in cases and under the procedure foreseen by the constitution and laws.
The referendum may be called by request of at least 3 million of Ukrainian citizens in more than two thirds of Ukraine’s regions, and at least 100,000 signatures should be collected in each of the regions.
