In Ukraine, there has been debate for several months about the so-called “May 25 crisis” and the likelihood of a loss of legitimacy.
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In any case, there are forces that will absolutely rightly question the legitimacy of the president. How true it is is another question, but it can be asked, says Igor SLIDENKO, judge of the Constitutional Court of Ukraine (2014-2022), Doctor of Law.
However, in his opinion, during a war this kind of discourse is very harmful for the state.
Therefore, it seems to me that it would even be useful for the authorities if the problem were solved, firstly, on a legal level. For example, an appeal to the same Constitutional Court, but not for an interpretation of the Constitution, but with the question of the constitutionality of the norms of the law. The Constitution does not prohibit or permit elections. Prohibited by law. So, let the Constitutional Court determine the constitutionality of these norms,” Slidenko said in the material “The Legitimacy of the President: How to Prevent the May 20 Crisis – Opinions of the Constitutional Court Judges.”
The lawyer recommends involving the Constitutional Court as soon as possible, because there are about two and a half months left until the potential crisis date.
In his opinion, if there is a submission to the Constitutional Court, then in a month it would be possible to receive a decision and resolve these issues.
The issue of elections or non-elections will be resolved. Because we really shouldn’t forget that our head of state is responsible for two key areas during a war – foreign policy and the armed forces. Therefore, agree that if someone questions the legitimacy, this is not very good. Even though the law prohibits elections, they can be held. But it seems that the current government, to put it mildly, is not confident in the results, says Slidenko.
Elections during the war, in his opinion, are the maximum subsequent legitimation for the president. This is carte blanche for him, for his actions.
Slidenko is convinced that the situation in Ukraine is completely defined: there is no president – in 99 percent of cases he is replaced by the chairman of the Verkhovna Rada, and there were precedents, for example, in 2014.
He did not touch the Constitution at all for the reason that there is a war, but the issue should be resolved, because the Russian Federation may have weak points in the legislation.
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.