Volodymyr Zelenskyy’s five-year term as Ukraine’s President formally ends today, May 20, 2024.
An election would normally have been held in late March but was postponed due to the ongoing war.
Following the Russian invasion of Ukraine, martial law was imposed in the country and no presidential or parliamentary elections can take place as long as the martial law is in effect.
As such, Zelenskyy will continue to remain the President of Ukraine.
Under these circumstances, prolonging Zelenskyy’s tenure as President is not only permissible but essential for maintaining stability and continuity in governance.
Stanislav Shevchuk, a former head of the Constitutional Court of Ukraine, revealed that there is no challenge to Zelenskyy’s rule legally.
Shevchuk quoted that Article 108 of the Constitution says that the President is in office until the next one takes office.
“Since the Constitution bans any elections during martial law, this approach should be applied to presidential elections because elections are a unified process in a democratic state,” Shevchuk averred.
He added that the President continues to be fulfil their duties until their successor comes in as per the principle of “government continuity.”
“There can be no vacuum of power during peacetime or wartime. This is guaranteed by the Constitution of Ukraine,” Shevchuk stressed.
Ukrainian legal expert, Andriy Mahera, of the Center of Policy and Legal Reform in Kyiv, iterated the same stance, saying, “The Ukrainian constitution states this clearly,the President does not automatically lose his powers five years after inauguration. These powers are only removed when the newly elected president takes office, i.e., after elections.”
Zelenskyy’s legitimacy derives not just from the law, but also from broad popular support.
A survey by the Kyiv International Institute of Sociology (KIIS) in early February found that 69% of respondents thought Zelenskyy should remain in power until martial law ends.
Only 15% of those surveyed supported holding elections in the current circumstances, and 10% wanted Zelenskyy to hand over power to parliamentary Speaker Ruslan Stefanchuk.
While it is permissible for Zelenskyy to continue as the president until elections are held, there are critics who question the legality of his powers under the martial law and the legitimacy of his rule in the eyes of the public.
Moreover, Ukrainian officials are concerned that Russia may use the expiration of his presidential term in its propaganda against Ukraine to undermine the country’s government and the legitimacy of Zelenskyy’s rule.
Russian President Vladimir Putin queried the political legitimacy of Ukrainian President Volodymyr Zelenskiy on Friday when asked about the absence of plans to hold a presidential election in Ukraine at the moment. said the matter was a question for Ukraine’s constitutional court and political system to decide.
By highlighting the expiration of Zelenskyy’s term, Russia may seek to sow doubt about the legitimacy of Ukraine’s government and its ability to govern effectively.
Separately, Vadym Skibitsky, Deputy Chief of Military Intelligence, told a news agency that undermining Zelenskyy’s legitimacy was part of Russia’s multi-component plan to destabilise Ukraine.
Constitutional Court To Rule On President’s Powers
The legal expert, Andriy Mahera also said that the Constitutional Court should settle the debate over the president’s powers and the timing of an election.
“Only the Constitutional Court can interpret the constitution to ascertain whether other laws are in line with it,” Mahera stated.
The President, government, Supreme Court, a group of 45 parliamentarians or parliament’s human rights commissioner would need to call on the Constitutional Court to review the matter.
Various parties in Ukraine have said that they have no intention of appealing to the Constitutional Court, highlighting an inter-party agreement not to hold elections until martial law ends.
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