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"The Constitution is clear": Oleshchuk explains whether elections are possible in Ukraine during martial law

Why it is impossible to hold democratic elections during the war

In the fall of 2023, elections to the Verkhovna Rada of Ukraine were supposed to take place, and on March 31, 2024, presidential elections were to be held. However, the parliamentary elections did not take place, nor will the presidential elections, because during martial law in Ukraine, all elections are prohibited by law. The Constitution and laws of Ukraine provide for the principle of continuity of power, which means that the current government is legitimate and will continue to exercise its powers until the next elections, which are to take place after the end of the war.

This was stated in an interview with OBOZ.UA by political analyst Petro Oleshchuk. He also explained why the myth about the illegitimacy of the Ukrainian president clearly shows "Russian ears".

First of all, Oleshchuk set the record straight by explaining which issues are regulated by the Constitution of Ukraine and which are regulated by our legislation. He noted that the Constitution does not regulate the issue of holding presidential elections under martial law.

"This is regulated by the legislation on the respective state and it says that during martial law all elections in Ukraine are prohibited," said Petro Oleshchuk.

In order to dispel the myth about the illegitimacy of the president after March 31, it is enough to open the Constitution of Ukraine and legislation, the political scientist emphasized.

"You need to open the Constitution of Ukraine and read Article 108, which clearly states that the President of Ukraine performs his duties until the new President of Ukraine takes office following the election. Again, this is an exclusive answer to this question, at the level of legislation - elections during martial law in Ukraine are prohibited. That is, if you read the law of Ukraine and read the Constitution, it becomes absolutely clear that elections cannot be held now. Again, the president is fulfilling his duties under Article 108 of the Constitution. That's all. Everything else is speculation," the political scientist said.

Petro Oleshchuk also explained why it is impossible to hold democratic elections during the war.

"It is impossible to hold them now, if we are talking about elections. Because elections are not synonymous with democracy. For example, in Russia, the so-called elections will be held now, and what if Putin had previously transplanted all his competitors and simply did not allow the only one, even a theoretical one, to run for office? Does this make the situation in Russia democratic? No, it doesn't. A normal election is a normal election process, with candidates, a campaign, and eventually security. That is, Ukrainian citizens should know that they will come to the polling station, vote, and that Iskander will not fly to this polling station. Most Ukrainians are in the occupied territories or abroad as refugees, and they also have the right to vote. Finally, the citizens of Ukraine who are currently mobilized have the right to vote, and they have the right not only active but also passive, that is, not only to elect the president but also to run for this position," Oleshchuk said.

According to the political scientist, all speculations about the illegitimacy of the Ukrainian president after March 31 are beneficial to the Kremlin and it is actively using them. It is very easy to detect the "Russian" trace in these myths.

"How can you tell that Russian ears are growing here? Very simply, they (Russians - Ed.) do not talk about elections to the Verkhovna Rada because they are not interested in it. They are used to the fact that the parliament is a purely nominal body. Although Ukraine is a parliamentary-presidential republic and the powers of the parliament expired last fall, the most interesting thing is that they are not concerned about it at all... No one is talking about this, because no one cares whether the government is legitimate or not, even if they have been in office for 10 years, but they do care about the president. Because in Russia they don't know about the existence of a parliament. They don't have a parliament, they only have a president," Oleshchuk explained where the topic of the "illegitimacy" of the Ukrainian government came from.

As OBOZ.UA reported earlier, Kuleba, Zelensky and Budanov explained how Russia uses the topic of elections in Ukraine. The Kremlin is focusing on the internal and external separation of the country, and is also trying to undermine the situation at the international level.

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