In response to U.S. President Donald Trump’s questioning how democratic it is for Ukraine’s acting president, Volodymyr Zelenskyy, to keep postponing a presidential election, Zelenskyy declared: “I have heard suggestions that we are clinging to power, or that I personally am clinging to the presidency…. To be honest, this is a completely unfounded story.” While his presidential term expired in May 2024, Zelenskyy claims that Ukraine’s constitution doesn’t allow him to hold an election.
In fact, it is Zelenskyy’s extension of martial law every 90 days on which he has been relying. (He is expected to sign his 17th consecutive 90-day extension in February.) But Article 83 of Ukraine’s Constitution forbids parliamentary—not presidential—elections during martial law. Separately, the Verkhovna Rada legislature has passed legislation that prohibits the termination of the powers of state authorities, including the President, under martial law—but that is not a constitutional requirement. It seems that Zelenskyy prevents legislative elections and that the legislature, up to now, has allowed him to exercise powers of the presidency after his elected term has ended.
Overnight on Dec. 10, Zelenskyy announced that he is fine with having elections—but he stipulated that this can only happen if arrangements are made for the security of voters and soldiers under ongoing missile attacks and a legal framework that guarantees the legitimacy of the vote under martial law.
