CEC on Zelenskyy’s powers after 20 May: Must be extended. DOCUMENT
If the term of office of the president expires during martial law, his or her powers are extended until a new president elected after the war takes office.
This provision is contained in the Law of Ukraine "On the Legal Regime of Martial Law". This is stated in the response of the Central Election Commission to a request from journalists of the Glavkom media outlet, Censor.NET reports.
"The Law of Ukraine "On the Legal Regime of Martial Law" stipulates that the powers of the President of Ukraine cannot be terminated during the period of martial law (Article 10, part one), and in case of expiration of the term of office of the President of Ukraine during martial law, his powers are extended until the newly elected President of Ukraine, elected after the cancellation of martial law, takes office," the CEC said in its response.
The CEC reminded that the implementation of state power should be continuous. And the president, according to the Constitution, performs his powers until the newly elected president takes office (Article 108 of the Basic Law).
The president's powers may be terminated early in the following cases:
- resignation;
- inability to perform the duties for health reasons;
- impeachment and
- death.
"Only in these cases, the Chairman of the Verkhovna Rada of Ukraine is entrusted with the duties of the President of Ukraine for the period until the election and assumption of office of the new President of Ukraine (Article 112 of the Constitution of Ukraine). The Constitution of Ukraine does not provide for any other cases when the Chairman of the Verkhovna Rada of Ukraine can perform the powers of the President of Ukraine," the CEC said in its response.
The CEC also reminded that Article 64 of the Constitution prohibits holding elections under martial law.
The Verkhovna Rada must make a decision on holding the presidential election within a month from the date of termination or cancellation of martial law.
In addition, the CEC noted that Russia could use the issue of the legitimacy of the current president of Ukraine after 20 May 2024 to aggravate the socio-political situation in Ukraine.
As a reminder, 20 May 2024 marks 5 years since Volodymyr Zelenskyy took office as President of Ukraine. After that, a legal and political conflict arises when the president's term in office expires and a new president is not elected because of the war.
