Aivazovska explains why holding parliamentary elections during war contradicts Constitution
The Constitution explicitly prohibits terminating the powers of the Verkhovna Rada while martial law remains in force.
Olha Aivazovska, head of the Civic Network OPORA, said this in an interview with Censor.NET.
According to her, this provision is not a mere formality but a safeguard against attempts by any state leader to unilaterally dissolve parliament, using the absence of a majority as a pretext.
Constitutional provision
"Parliamentary elections during the war are not even under consideration. The Constitution contains an explicit provision prohibiting the termination of the Verkhovna Rada’s powers until martial law ends and the relevant elections are held," she explained.
According to Aivazovska, this provision protects parliament against the potential usurpation of power.
"Parliament is protected by this constitutional provision so that, God forbid, some commander-in-chief does not decide to become the sole authority among the various branches of government and dissolve parliament because, for example, he lacks a majority. But the Constitution says no: when the country is in a state of defense and martial law is in force, parliament is obliged to perform its functions. This is not parliament’s right; it is its duty," the head of OPORA noted.
Presidential election
- She added that there is no explicit prohibition on holding a presidential election, but the state is currently unable to ensure the conditions required for a free and fair vote.
"What kind of elections can be held without freedom of speech or freedom of movement? When a candidate could be mobilized at any moment and removed from the election campaign, or a drone could strike the apartment of the head of a non-governmental organization that will monitor the elections and critically assess the process. Can the state currently fulfill the entire range of its obligations? No. This applies to both parliamentary and presidential elections," Aivazovska remarked.
Read the Censor.NET interview with Olha Aivazovska at this link.
