Fact Check: Ukraine cannot hold elections under martial law, declared since February 2022.

Fact Check: "Ukraine cannot hold elections under martial law, declared since February 2022."

What We Know

Since February 24, 2022, Ukraine has been under martial law due to the ongoing conflict with Russia. The legal framework for this martial law is established in the Constitution of Ukraine and the Law of Ukraine "On the legal status of martial law" (No. 389-VIII, enacted on May 12, 2015) (source-1). The Constitution allows for specific restrictions on rights and freedoms during martial law, including the suspension of elections (source-1).

As a result of this martial law, Ukraine has not held national elections since the Russian invasion began. The 2023 parliamentary elections were not conducted, and the presidential elections scheduled for March 31, 2024, have also been postponed (source-1; source-2). Experts have noted that conducting elections during an active conflict presents significant challenges, including security risks and the displacement of millions of citizens (source-2; source-4).

Analysis

The claim that "Ukraine cannot hold elections under martial law" is supported by both legal texts and expert opinions. The Constitution of Ukraine explicitly states that the authority of the Verkhovna Rada (the national parliament) is extended during martial law until the first meeting of the newly elected parliament after the cancellation of martial law (source-1). This legal framework effectively prohibits the holding of elections while martial law is in effect.

Moreover, independent observers and legal scholars have affirmed that the Ukrainian constitution does not allow for national elections during a state of martial law (source-1; source-4). The ongoing conflict and the resulting security concerns further complicate the feasibility of conducting elections, as highlighted by various experts (source-2; source-7).

While some critics, including former President Donald Trump, have used this situation to question the legitimacy of President Zelensky's government, it is important to note that the suspension of elections is a direct consequence of the martial law imposed for national security reasons (source-2). This context is crucial for understanding the legal and practical implications of the current situation in Ukraine.

Conclusion

The claim that "Ukraine cannot hold elections under martial law, declared since February 2022" is True. The legal framework established by the Constitution of Ukraine explicitly prohibits national elections during a state of martial law, which has been in effect since the Russian invasion began. The ongoing conflict and security concerns further validate the suspension of elections, making it impractical to hold them under the current circumstances.

Sources

1. Martial law in Ukraine
2. Fact-checking Donald Trump's claims about war in Ukraine
3. Ukraine | Kyiv Post
4. Ukraine's Presidential Elections Amid War: Political, Legal, and Security Challenges
5. War in Ukraine – check Kyiv Post’s daily updates and news today
6. Top News from Ukraine Today - KyivPost
7. Why do Ukrainians oppose elections during the war?