Elections in Wartime Ukraine: Legal Barriers and the Path Forward
According to Ukrainian law and international standards, holding elections under martial law is impossible, as explained by Deputy Head of Ukraine's Central Election Commission (CEC), Serhiy Dubovyk. He stated that a minimum of six months would be required to organize a vote after martial law is lifted. While the CEC is already conducting preparatory work, concrete procedures can only begin once the war ends. This legal framework is designed to protect the integrity of the democratic process during a national crisis.
'If we are guided by the letter of the current law, we cannot hold elections during martial law,' Serhiy Dubovyk noted in his interview with Radio Free Europe/Radio Liberty.
Dubovyk emphasized that conducting elections under martial or a state of emergency would violate international standards, as outlined in a resolution by the Parliamentary Assembly of the Council of Europe. He added that a peace agreement or a ceasefire must first be signed before any discussion on organizing elections can take place.
The deputy CEC head explained that the Constitution of Ukraine grants the CEC 30 days to announce the start of the electoral process and 60 days to organize and conduct parliamentary elections. He noted that unless legislators amend the law, the CEC will operate within this minimum timeframe. 'This is the minimum period defined by the Constitution,' Dubovyk stressed.
Currently, approximately 7-10% of polling stations are damaged, presenting another major logistical obstacle. Furthermore, a full-scale, long-term OSCE observation mission for peacetime typically begins its work nine months before an election, highlighting the need for clear and extensive preparation under peaceful conditions.
Dubovyk acknowledged that holding elections during war is theoretically possible but would require changes to the Election Code and the law on nationwide referendums. 'Just as there is mobilization preparation for war in peacetime, during war there must be preparation for peace,' he concluded.
Conclusions
In summary, the situation regarding elections in Ukraine remains complex due to the ongoing war and the legal constraints of martial law. The emphasis on adhering to international electoral standards underscores the necessity of achieving peace so Ukrainian society can return to democratic procedures. The legally mandated timeframes indicate that elections cannot be organized without proper preparation, a significant challenge in the midst of an armed conflict.