The President and the Verkhovna Rada must exercise their powers until the results of the next elections are received. This is stated in the Constitution of Ukraine. However, during martial law, elections are not held.
Such explanations were given by the deputy head of the Central Election Commission Sergei Dubovik in a commentary to Radio Liberty.
According to him, the CEC did not receive any information about possible preparations for the presidential elections in March 2024.
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Dubovik noted that President Vladimir Zelensky initiated the extension of martial law for another 90 days – until February 14, 2024.
– According to the current legislation of Ukraine, no elections are held in wartime, during the declaration of martial law. Therefore, the CEC not only did not receive any messages, but could not receive them. We are an independent electoral body, we are guided exclusively by the law,” he emphasized.
Dubovik recalled that elections, including presidential ones, are called by resolution of the Verkhovna Rada. Not a single such document was entered into the Verkhovna Rada or published.
Moreover, in the event of presidential elections, the electoral process is scheduled to start at the end of December.
Answering the question whether the powers of the President and the Verkhovna Rada will be automatically extended in 2024, Dubovik pointed to the wording of the Constitution.
– The Constitution clearly states that the President of Ukraine exercises his powers until the newly elected President of Ukraine takes office. Everything else is political speculation regarding the end of powers, the transfer of some powers… The law on martial law clearly defines that during martial law, elections are not held,” noted the deputy head of the Central Election Commission.
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There were no changes to the law that would have allowed elections during martial law.
And upon its completion, the current president and the composition of the Verkhovna Rada will continue to fulfill their powers – until elections are held.
– There is no newly elected composition of the Verkhovna Rada after the end of martial law – the current composition is working. There will be no new president elected in the elections – the next president continues to fulfill his powers,” said Sergei Dubovik.
The powers of local self-government will end only in 2025. Therefore, it is too early to talk about holding the next local elections.
What the Constitution and legislation says
According to Art. 19 of the Law of Ukraine On the legal regime of martial law, during the operation of this regime it is prohibited to hold elections of the President and the Verkhovna Rada.
In Art. 83 of the Constitution notes that if the term of office of the Verkhovna Rada expires during martial law, “its powers are extended until the day of the first meeting of the first session of the Verkhovna Rada elected after the lifting of martial law.”
Article 108 provides that the President of Ukraine exercises his powers until the newly elected president takes office.
Parliamentary elections were to take place in October 2023, and presidential elections at the end of March 2024.
Elections in Ukraine: what is known
The topic of the elections was first raised in a statement by the President of the Parliamentary Assembly of the Council of Europe (PACE), Tini Cox. He expressed the opinion that Ukraine should hold fair, free presidential and parliamentary elections, even under martial law.
Secretary of the National Security and Defense Council Alexey Danilov responded to this, emphasizing that during martial law no elections are possible in Ukraine.
On November 6, President Volodymyr Zelensky said that there would be no elections in Ukraine during a full-scale war.
At the same time, people's deputy and representative of the president in the Verkhovna Rada Fyodor Venislavsky noted that “there are absolute reasons to doubt the legitimacy of the president, hypothetically elected during martial law.”
According to the survey, 81% of Ukrainians believe that elections should be held after the war. Now is not the time.
