Elections in Ukraine Must Take Place Only after the War — A Statement by CSOs

Elections and the full-scale war are incompatible. This is the conviction of more than 100 civil society organizations that signed a joint statement calling on the Ukrainian authorities not to take such a dangerous and reckless step. 

“This idea is extremely dangerous and will lead to a loss of legitimacy of both the process and the elective bodies, and, with a high degree of probability, to a significant destabilization of the state as a whole,” the statement says. “The key challenges are related to the free formation of a political will in the conditions of an active phase of the war, the inability to ensure the full participation of the military and voters abroad, the lack of political competition in the context of the narrowing of rights and freedoms during the legal regime of martial law.”

The signatories identified the following reasons that make it impossible to hold full-fledged elections during martial law.

Elections do not equal democracy, and the formal act of voting is not an unconditional confirmation of the democracy of the regime.  If competitive political struggle is impossible in the conditions of war, then elections are definitely not free. Elections are not a voting day, but a serious debate between different camps about the best program to develop the state. 

• The legislation prohibits holding elections during martial law. Article 83, part 4 of the Constitution of Ukraine expressly prohibits the termination of the powers of the Parliament and automatically extends them until the election of a new convocation after the war. 
• Holding elections during the war can undermine national unity.  The split of society can be provoked by the fact that in the conditions of war, real heroes fight and risk their lives, while politicians cynically fight for power. Until the military and volunteers, in virtue of their daily priorities, will not be able to participate in the campaign not only as voters, but also as candidates, this will become an occasion for internal confrontations and misunderstandings.
•  The legal regime of martial law restricts rights and freedoms by law, while elections require their expansion and protection.  According to Article 64 of the Constitution of Ukraine, specific restrictions on rights and freedoms may be established under martial law, as a result of which it is impossible to fully ensure freedom of speech and the press during the war, which is a guarantee of free and fair competition in elections.
• Elections of Russian president in the spring of 2024 in the territories temporarily occupied by Russia will create the illusion of consolidating “new geopolitical realities,” which has long been called for by China and Russia. 
• Ukraine will face extreme security and operational challenges that cannot be overcome by any changes in legislation. Since ~20% of the territory of our country is occupied or is the site of hostilities, another ~20% is in the immediate reach of artillery systems, and missiles and drones are launched throughout the country, this will create unprecedented and unjustified risks. A possible massive missile attack on the election day will make it impossible for citizens to access polling stations and will disrupt the process.
• Ukrainians support the extension of the term of office of the elected authorities until the end of the war.This is evidenced by recent nationwide representative public opinion polls.

“We urge the Verkhovna Rada not to hold elections during the war. We call on the political parties to continue working on democratization and development of their organizations, without polarizing public sentiments for political purposes. At the same time, we urge international partners to increase systemic support in the military, humanitarian, and economic spheres. It is well-coordinated and joint work that will help ensure that the war ends as soon as possible with the victory of Ukraine. Only then will truly democratic elections be possible,” explains Andrii Borovyk, Executive Director of Transparency International Ukraine.  

At the same time, representatives of the public sector recognize the need to hold elections for the normal functioning of democracy in our country. But this should happen in peacetime circumstances.