Становлення та перспективи нормативно-правового регулювання інституту місцевого референдуму

The article examines the features of the regulatory and legal regulation of the organization of local referendums as a constitutional way of involving citizens in participation in the management of local affairs. The fact is established that the procedure for regulating the institution of local referendums in Ukraine currently does not have proper regulatory and legal regulation, which determines the importance and relevance of the research topic. In the modern doctrine of public law, there are studies of the institution of local referendums and their definition as an effective tool for the implementation of democratic relations in communities. To analyze the formation of the regulatory and legal foundations of the formation of the institution of a local referendum and its prospects, a system of methods of scientific knowledge (dialectical, historical and legal, analysis and comparison, other methods) was used as the purpose of the study. It was established that currently the regulatory and legal basis for the functioning of the institution of a local referendum is the Constitution of Ukraine, the Law of Ukraine “On Local Self-Government in Ukraine” only generally outlines individual elements of the subject of a local referendum and does not regulate the issue of initiating and holding a local referendum, as well as establishing and implementing its results. In a historical perspective, the Law of Ukraine “On All-Ukrainian and Local Referendums” was analyzed, which during 1991–2012 regulated the issue of the powers of the people’s government and their influence on the functioning of local self-government bodies of an administrative-territorial unit. Examples were also considered: restraint of the people’s government in the form of blocking by local councils the initiation and holding of referendums; holding illegal referendums on issues that do not belong to competences of local self-government bodies. The main principles of regulating local referendums, stipulated by the Guiding Principles on Referendums (PACE), are determined. Amendments to the Law of Ukraine “On Local Self-Government in Ukraine” are proposed to determine the supreme force of a decision adopted at an imperative local referendum, as well as the inclusion in the draft law on local referendum of a number of innovations to guarantee democracy at the level of management of territorial communities.