Legitimacy of Volodymyr Zelenskyy

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The legitimacy of Volodymyr Zelenskyy as President of Ukraine after May 20, 2024, is a subject of debate and speculation, also exploited by Russian propaganda.[1][2][3][4]

Background[edit]

On May 20, 2019, Volodymyr Zelenskyy’s five-year term as President of Ukraine officially began. In the normal course of events, another Ukrainian presidential elections should have been held on March 31, 2024.

Some Western politicians, such as PACE President Tiny Kox,[5] and the US senator Lindsey Graham,[6][7] have been pushing the Ukrainian government to hold parliamentary and presidential elections in spite of the Russia's war against Ukraine and a nationwide state of martial law.[8]

Domestically, the president's critics argued that there is a legal collision between the Constitution and the martial law act and that the Constitution, having a higher legal force than the law, directly sets the date of the next presidential election in Ukraine.[9][10]

The Ukrainian public has expressed widespread support for the postponement.[11][12][13] In September 2023, a hundred non-governmental organizations signed a statement against holding elections in wartime.[13][14]

On March 31, 2024, the election did not take place. May 20, 2024, marks exactly five years of Zelenskyy's presidency.

Ukrainian legislation[edit]

Constitution of Ukraine[edit]

Voting rights are granted to Ukrainian citizens by the Article 38 of the Constitution of Ukraine.

Citizens shall have the right to participate in the administration of state affairs, in All-Ukrainian and local referenda, to freely elect and to be elected to the bodies of State power and the bodies of local self-government.[15]: § 38 

The Constitution of Ukraine allows for the restrictions on rights of citizen during the martial law and does not explicitly prohibit the restriction of voting rights.

Under the conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effect for such restrictions. The rights and freedoms stipulated in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted.[15]: § 64 

Normally, Ukrainian presidential elections are held every five years.

The President of Ukraine shall be elected by the citizens of Ukraine for a five-year term on the basis of universal, equal, and direct suffrage by secret ballot.[15]: § 103 

Regular elections of the President of Ukraine shall be held on the last Sunday of March of the fifth year of authority of the President of Ukraine.[15]: § 103 

The President of Ukraine retains their authority until a new president takes office.

The President of Ukraine shall exercise their powers until the assumption of office by the newly elected President of Ukraine.[15]: § 108 

Electoral Code of Ukraine[edit]

The Electoral Code of Ukraine explicitly states that the election process halts for the period of martial law.

In the event of martial law or state of emergency being imposed in Ukraine or in its separate territories, the election process of national elections and/or local elections held in these territories or their parts shall be terminated from the date of entry into force of the respective decree of the President of Ukraine.[16]: § 20 

After the cessation or abolition of martial law or a state of emergency, the electoral process, which has been suspended in this connection, shall begin again.[16]: § 20 

On the Legal Regime of Martial Law[edit]

Main article: Martial law in Ukraine

The law On the Legal Regime of Martial Law explicitly states that the authority of the current President is extended until a new president is elected after martial law is lifted.

If the term of powers of the President of Ukraine expires while martial law is in effect, their powers shall be extended until the assumption of office by the newly elected President of Ukraine elected after the cancellation of martial law.[17]: § 11.3 

On the Imposition of Martial Law in Ukraine[edit]

On February 24, 2022, the President of Ukraine, Volodymyr Zelenskyy, signed a decree On the Imposition of Martial Law in Ukraine, which then was approved by Verkhovna Rada,[18] that specifies that the voting rights may be temporarily restricted for the period of martial law.

Due to the imposition of martial law in Ukraine, the constitutional rights and freedoms of man and citizen provided for in Articles 30–34, 38, 39, 41–44, 53 of the Constitution of Ukraine may be temporarily restricted for the period of martial law...[19]: § 3 

Other concerns[edit]

Some commentators have argued that Ukraine couldn't guarantee a free, fair, and safe electoral process in the midst of wartime media censorship, while Russia attacks Ukraine and 20 percent of territory is occupied by Russia.[7][14][20]

The statement signed by Ukrainian and multinational non-governmental organizations cited challenges including "the impossibility of ensuring the full participation of the military and voters abroad" and a "lack of political competition".[13][14]

Reactions[edit]

On May 21, 2024, Peter Stano, European Commission spokesperson for foreign affairs, stated at a briefing that the EU "doesn’t have any such doubts".[21]

References[edit]

  1. ^ Стеценко, Сергій (2024-05-20). ""Нелегітимний": хто стоїть за закликами до "Майдану-3" для повалення влади в Україні?". Радіо Свобода (in Ukrainian).
  2. ^ Cole, Brendan (2024-04-29). "Russia issues ominous warning to Zelensky". Newsweek. Retrieved 2024-05-26.
  3. ^ Marquardt, Alex (2024-05-15). "US intelligence sees Russia step up disinformation campaign against Ukraine's Zelensky". CNN. Retrieved 2024-05-26.
  4. ^ "Putin says Ukraine's Zelenskiy lacks legitimacy after term expired". Reuters. 2024-05-24. Retrieved 2024-05-26.
  5. ^ ""Nobody Will Blame Ukraine If Post-War Elections Are Not Perfect." Interview with PACE President". European Pravda. Retrieved 2024-05-26.
  6. ^ Starkov, Nick (2023-08-27). "Zelenskiy says elections could happen under fire if West helps". Reuters. Retrieved 2024-05-26.
  7. ^ a b "Ukraine's democratic dilemma: When to hold elections". POLITICO. 2023-09-06. Retrieved 2024-05-26.
  8. ^ Stern, David L.; Belton, Catherine; Hudson, John (2023-09-25). "Western officials press Ukraine to hold elections despite war". Washington Post. ISSN 0190-8286. Retrieved 2024-05-26.
  9. ^ "Zelensky's term would have expired this month, but he's staying. Russia wants to use it". The Kyiv Independent. 2024-05-06. Retrieved 2024-05-26.
  10. ^ Hudkova, Svitlana (2024-02-23). "Presidential elections in Ukraine in 2024". Заборона. Retrieved 2024-05-26.
  11. ^ "Press releases and reports - When elections should be held, attitudes towards online voting and attitudes towards possible restrictions on citizens' rights: results of a telephone survey conducted on September 30-October 11, 2023". www.kiis.com.ua. Retrieved 2024-05-26.
  12. ^ "National Survey of Ukraine | September 2023". International Republican Institute. 2023-10-24. Retrieved 2024-05-26.
  13. ^ a b c Psaropoulos, John T. "Should Ukraine's Zelenskyy hold elections amid Russia war? No, say voters". Al Jazeera. Retrieved 2024-05-26.
  14. ^ a b c "Сотня громадських організацій проти проведення виборів в Україні під час війниЦентр прав людини ZMINA". zmina.ua (in Ukrainian). 2023-09-18. Retrieved 2024-05-26.
  15. ^ a b c d e Constitution of Ukraine (in Ukrainian).
  16. ^ a b Electoral Code of Ukraine (in Ukrainian).
  17. ^ On the Legal Regime of Martial Law (in Ukrainian).
  18. ^ "President signed a decree on the imposition of martial law in Ukraine, the Verkhovna Rada approved it". Official website of the President of Ukraine. 2022-02-24.
  19. ^ On the Imposition of Martial Law in Ukraine (in Ukrainian).
  20. ^ "Два президенти. Віталій Портников - про легітимність і постправду". lrt.lt (in Ukrainian). 2024-05-23. Retrieved 2024-05-26.
  21. ^ "EU rejects Russian propaganda claims of Zelenskyy's "illegitimacy"". Ukrainska Pravda. Retrieved 2024-05-26.
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