James Doogue

Ukrainian President Zelensky Can't Legally Hold Scheduled Elections. His detractors without don't know this, or are deliberately playing ignorant so they can paint Zelensky as a dictator, and Ukraine as undemocratic.

By Not Holding Elections The Ukrainian Parliament And President Zelensky Are Obeying The Constitution.

Martial law rules were established in the Ukrainian Constitution and last updated by the national legislature in 2015, before Zelensky had even entered politics.

Postponing elections was not a function of any fear on Zelensky’s part, since his approval ratings have soared during wartime with various polls among Ukrainians putting his approval rating between the low 80%'s to mid 90%'s. So it's unlikely any potential opposition candidate could threaten Zelensky's position.

Article 83 of the Ukrainian Constitution states that if the term of the Verkhovna Rada expires under martial law, it shall automatically be extended until a new Rada is seated following the end of martial law. Article 19 of Ukraine’s martial law legislation specifically forbids conducting national elections. Thus, for Ukraine to conduct elections while under martial law would be a violation of legal norms that predate Zelensky and the full-scale Russian invasion.

That said, Zelensky has previously made three commitments.

Firstly, if the parliament voted to replace him, he'd step down.

Secondly, if the parliament voted to change the Constitution which currently makes elections illegal while the country is operating under Martial law, then he'd agree to hold elections.

Thirdly, if the second commitment is met, Ukraine's would need the help of the West, to help figure out and run safe and fair elections under the circumstances Ukraine is in. How would soldiers at the front lines be able to safely vote? How would those in the occupied territories be able to cast a vote?

According to the United Nations High Commissioner for Refugees, Ukraine has seen nearly 14 million people displaced—nearly a third of the country’s entire prewar population. About 6 million of those have been displaced to other areas of Ukraine (as internally displaced people, or IDPs), while nearly 8 million have fled abroad as refugees. This is the largest displacement of people since World War II.

These problems might be able to be overcome, though no doubt many would find the solutions unfair. But would the results of the election be deemed a fair outcome, given the limitations on politicians to campaign while the nation fights for its existence against Russia?

One argument that can't be made is that President Zelensky has personally chose not to hold elections, or that he did so to selfishly hold on to power.

Zelensky and his Party Servant of the People, won the 2019 elections in what was considered a landslide back then. But since Russia invaded Ukraine support for Zelensky and his party has soared. Therefore any election held now would see him and his party re-elected in a resounding victory with an even greater majority.

The only potential winner of elections held while Ukraine is under attack, are the Russian attackers. Their propaganda arms would use the opportunity to sew disunity and division among Ukrainians. Political candidates and bureaucrats would be distracted from the task of fighting the war. The security of soldiers, citizens, election officials and those charged with scrutinizing the election process, would be put at risk as they try to hold the national ballot.

Russia and those who do not support Ukraine are using Ukraine's inability to hold fair elections as material for the propaganda they feed to their useful idiots who simply repeat their talking points.

More information in why Ukraine can't hold elections is covered here:

War in Ukraine and parliamentary elections 2023 - Заборона
zaborona.com

Tim adds:

I would take those popularity polls with a grain of salt. You aren't going to get accurate polling in a time when a nation is being invaded. I doubt it's possible to know what the Ukrainian People think. That said he probably IS popular as he has kept Russia from overrunning the country and generally people rally around a successful leader in wartime. What Zelensky should do to avoid this very charge (and history is replete with democratically-elected Presidents using crisis to stay in office) is publicly tender his resignation and ask Paarliament to vote on whether he stays or goes. That would quiet dissent. But of course it won't happen. I wouldn't do that were I he, even though it would be a good strategy for public relations abroad.

Posted by: Timothy Birdnow at 10:16 AM | Comments (1) | Add Comment
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