The problem of the so-called illegitimacy of the President of Ukraine after May 20, 2024 is being shaken up, perhaps not without the participation of Russia.
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But under martial law, holding elections is absurd, says Mykola Kozyubra, judge of the Constitutional Court of Ukraine (1996-2003), doctor of legal sciences, professor.
In this case, a number of problems arise that cannot be solved. Starting with refugees living abroad, ending with the most basic things – a significant threat to the security of voters in the face of possible shelling of polling stations.
The Constitution does contain a provision that under martial law, elections of the Verkhovna Rada are not held, and its powers are extended until the elections of a new Verkhovna Rada, which can only take place after the martial law is lifted. However, Kozyubra told Rakurs: there is no such situation regarding the president.
Since I am involved in the preparation of the projects, obviously, we can say here that this is a certain omission, because, by analogy with the Verkhovna Rada, it would indeed be possible to take a similar form regarding the elections and powers of the president. She doesn’t exist,” said the ex-judge of the Constitutional Court.
According to him, if voting rights were not limited during martial law (Article 64 of the Constitution speaks about this), then this problem would arise – I have the right to participate in elections, to run, including for the post of president – this would be obstacle. But under martial law, it is impossible to exercise the right to election due to the situation we talked about. Therefore, this question also disappears.
To finally close the question of the president’s legitimacy, Kozyubra suggests looking into the law on martial law.
According to it, elections during martial law are expressly prohibited. The ban applies to all types of elections, including presidential elections in Ukraine.
This norm will not violate any decision of the Constitutional Court, if any. Indeed, according to Article 108 of the Constitution, the president continues to exercise his powers until the newly elected president assumes office. And the newly elected president, again logically, can appear after the martial law regime is lifted.
The problem is far-fetched, Kozyubra believes.
These so-called contradictions cannot even be called contradictions. Indeed, there are small omissions, but they are absolutely easy to interpret, and there can be only one conclusion – there can be no elections under martial law, and article one of the Law on the Legal Regime of Martial Law is fully consistent with the Constitution.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.