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II. Comments on the test of the law


B. Provisions on changing the Constitution through a referendum


Before the adoption of the present law the issue of constitutional referendums was subject of two decisions by the Constitutional Court of Ukraine in 2008. The Constitutional Court stated that a new Constitution could be adopted by a referendum; however it did not say whether the adoption of a new Constitution would also have to satisfy the other requirements for amendment set out in Title XIII (i.e. approval by the President and 2/3 of the members of parliament).[1]


[1] See Decisions of the Constitutional Court of Ukraine N° 6-rp/2008 of 16 April 2008 on the adoption of Constitutions and laws by referendum and N° 6-rp/2005, 5 October 2005 on popular participation in decision making (http://www.ccu.gov.ua ).