II. Comments on the test of the law

B. Provisions on changing the Constitution through a referendum

Therefore the most problematic provisions in the law under examination concern the possibility to hold referendums on popular initiative on a new Constitution or constitutional amendments. According to Article 3(3) (1) matters submitted to a national referendum can include both approving a new version of the Constitution and amending the Constitution. Article 15(2) even gives room to the interpretation that a new Constitution can only be adopted through a national referendum: “Through a national referendum, the Ukrainian people as the bearer of sovereignty and the only source of power in Ukraine can exercise their exclusive right to determine and change the constitutional arrangement in Ukraine by adopting the Constitution of Ukraine (constituent power) in the manner established by this Law”. In addition, Article 15(3) provides that “through a national referendum by popular initiative the Ukrainian people as the bearer of sovereignty and the only source of power in Ukraine can express their will and approve, in the manner established by this Law, a new version of the Constitution of Ukraine, make amendments to the Constitution of Ukraine, repeal, reject or deem invalid a law on amending the Constitution of Ukraine”.