DISINFO: Zelenskyy’s legitimacy doubtful, power should go to parliament speaker
SUMMARY
It is necessary to conduct a serious in-depth analysis regarding the legitimacy of Ukrainian President Volodymyr Zelenskyy now that his presidential term has expired. Ukraine’s constitution only provides for the prolongation of the Verkhovna Rada (parliament) under martial law and says nothing about the extension of the president’s powers. Article 111 says that in this case, the supreme power should be transferred to the parliament speaker.
RESPONSE
Recurring pro-Kremlin disinformation narrative questioning the country's territorial integrity and sovereignty. This claim was made in the context of Russia's full-scale invasion of Ukraine.
Article 111 of Ukraine’s constitution says that the president may be removed from office by the Verkhovna Rada of Ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime. This article is not applicable to Zelenskyy because he has not been impeached. Article 10 of Ukraine's Law ‘On the legal status of martial law’ says that the president, the legislature, the National Bank, the human rights commissioner, and some other officials and bodies stay in power during this period.
Ukraine’s constitution is straightforward: no elections can be held during wartime and the President of Ukraine exercises his powers until the assumption of office by the newly-elected President. The continuity of government institutions is one of the key principles of the Constitution.
While the date 20 May 2024, five years after president Zelenskyy taking office, generated some domestic controversy in Ukraine, almost all observers consider regular elections unfeasible as there are millions of refugees abroad, hundreds of thousands of Ukrainians serving on the frontlines and a significant part of Ukrainian population lives under Russian occupation. There are also multiple funding and infrastructure problems that can hardly be addressed while the war is ongoing.
If Russia had not launched its unprovoked and unjustified full-scale invasion of Ukraine on 24 February 2022, parliamentary elections should have been held on 29 October 2023, and presidential elections on 31 March 2024. Numerous practical hurdles would hinder the feasibility of holding free and fair elections while Ukraine is at war with Russia. It would be impossible to ensure the safety and security of polling stations and to facilitate access for international observers. In addition, millions of voters abroad, internally displaced persons, and soldiers on the front line would be unlikely to vote. Such elections would be far from democratic.
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