Забезпечення національної безпеки у процесі здійснення форм безпосередньої демократії на місцевому рівні
Ensuring National Security in the Process of Implementing Forms of Direct Democracy at the Local Level

Summary/Abstract: The relevance of the work is determined by the existing threats to national security, which have been exacerbated by the full-scale military invasion of Ukraine by the Russian Federation, as well as by the processes of Ukraine’s European integration. The aim of the authors was to investigate the issues of ensuring Ukraine’s national security in the process of implementing various forms of direct democracy at the local level. To achieve this goal, the article uses the analysis of written sources, logical analysis, synthesis, induction, deduction and description. The article examines the place of foreigners in public life at the local level in terms of the right to participate in local elections, local referendums, general meetings, local initiatives and public hearings. The authors analyz the risks to national security in case of granting foreigners voting rights at the local level, as well as the right to participate in referendums and other forms of direct democracy. The article analyzes the legal regulation of foreigners’ participation in direct forms of democracy not only under Ukrainian law, but also under the laws of the United States of America, Ireland, Sweden, Denmark, Norway, Finland, the Netherlands, Estonia, Slovakia, Lithuania, the Czech Republic, Poland, Hungary, and the European Union acquis. The article argues that neither the Law of Ukraine "On All-Ukrainian and Local Referendums" nor the draft Law of Ukraine "On Local Referendum" grant foreigners the right to participate in a local referendum, which is explained by the binding nature of the latter’s decisions. According to the authors, general meetings can be held only with the participation of Ukrainian citizens. Unlike general meetings, Ukrainian legislation does not prohibit the participation of foreigners in local initiatives and public hearings. The reason for this differentiation is the lack of binding force of local initiatives and proposals adopted as a result of public hearings, since they are only considered by local self-government bodies. The authors formulate various options for ensuring national security in the process of realization of the right of foreigners to participate in forms of direct democracy, namely: 1) leaving the ban on foreigners’ participation in local elections, referendums and general meetings (with active voting rights granted to foreigners who have signed a contract with the Armed Forces of Ukraine and were involved in repelling and deterring the armed aggression of the Russian Federation); 2) ratification of the Convention on the Participation of Foreigners in Public Life at the Local Level; 3) granting the right to participate in all forms of direct democracy at the local level to foreigners who have been legally residing in Ukraine for five years and who are not citizens of the Russian Federation or states that support the latter’s actions in waging war against Ukraine. Further research is promising and necessary, in particular, to choose the best option for involving foreigners in various forms of direct democracy at the local level, taking into account the requirement to ensure national security.

• Details
• Contents