The five-year presidential term of Ukrainian President Volodymyr Zelenskyy expired on May 20. According to the Ukrainian Constitution, the elections were supposed to be held in the last week of March – March 31, but they were postponed due to the ongoing war. In the summer of 2023, the Verkhovna Rada elections planned for October were also canceled and postponed until the end of the war.
Notably, the Russian media (1,2,3,4,5,6) as well as Georgian-language Facebook accounts (1, 2) reported that Zelenskyy’s term has expired, therefore, he has lost his legitimacy.
The former pro-Russian Prime Minister of Ukraine, Nikolai Azarov, also shared the same information.
Zelenskyყ’s presidential term has expired, however, due to the war situation in the country, elections were not held, therefore, according to the constitution, he remains in office legitimately until elections are held.
What does the Constitution of Ukraine state?
A state of martial law has been introduced in Kyiv since February 24, 2022, which the Verkhovna Rada extends once every three months. The law on martial law (Article 19) states that, under these conditions, it is prohibited to change the constitution, hold elections for the presidency, the Verkhovna Rada, the Autonomous Republic of Crimea and local self-government bodies; holding a referendum; Conducting strikes, mass gatherings, and rallies.
Election Code of Ukraine
The Election Code of Ukraine states that the election process can be resumed after the cessation of martial law. According to Article 20 of the Code, the election date must be set within one month of the end of martial law.
Public Opinion Research and Zelenskyy’s Ratings
German international broadcaster “Deutsche Welle” recorded an interview with several lawyers regarding Zelenskyy’s legitimacy. According to Andriy Mahera: “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.”
It should be noted that Zelenskyy also enjoys wide public support in polls. A January survey by the Razumkov Center of Ukraine showed that 69% of respondents trust Zelenskyy.
In addition, a survey conducted by the Kyiv International Institute of Sociology (KIIS) in early February showed that 69% of respondents believe that Zelenskyy should remain in power until the end of martial law. Only 15% of respondents supported holding elections under the current conditions, while 10% wanted Zelenskyy’s power to be handed over to Parliament Speaker Ruslan Stefanchuk.
KIIS Executive Director Anton Hrushetskyi told DW that “Millions of people are abroad, millions live under occupation, hundreds of thousands are serving in the army — if citizens cannot take part in elections, as either voters or candidates, this will undermine the legitimacy of the election results.”
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