Fact or Fiction: “Zelenskyy Canceled the Elections”
Presidential elections in Ukraine were supposed to happen in the spring of this year, but they did not take place. This fact is often used as a way to portray Ukraine as an undemocratic society or to claim that Zelenskyy is some kind of dictator. It’s all part of the effort to delegitimize the Ukrainian head of state and erode Western support.
How it began
Zelenskyy signed a decree on the introduction of martial law on February 24, 2022, after Russia began a full-scale attack on Ukraine. The decree was approved by a majority of the Verkhovna Rada. Martial law allows for military authority during emergency situations and is a common, temporary measure during wartime. It usually includes some suspension of civil liberties in order to better facilitate defense. The current law in Ukraine regarding these measures dates back to 2015. In particular, Article 19 states that “changing the Constitution of Ukraine” and “conducting elections of the President of Ukraine, as well as elections to the Verkhovna Rada of Ukraine” are both prohibited during martial law.
Discussions of whether Ukraine can or should hold elections have been ongoing since 2023. Western politicians have insisted that a way to conduct free and fair elections should be found. In May 2023, Zelenskyy addressed the issue of parliamentary elections, which would have been held in the fall. He cited the legal constraints and said that elections could only be held “[i]f there will be no martial law.” During an interview with the BBC in June, he said that “elections must take place in peacetime, when there is no war, according to the law. I really want there to be peace in the next year, and life to be as it was before the war.”
Ruslan Stefanchuk, Speaker of the Verkhovna Rada and the person who would become head of state in the absence of the president, concurred with Zelenskyy’s opinion. “I have the following principle: if you don't know how, act as the law says. Accordingly, the legislation of Ukraine stipulates that during martial law it is impossible to hold any elections.” He explained that they didn’t know how to ensure that refugees and those in temporarily occupied territories could vote and how voting could happen safely in the midst of daily air assaults.
By this time, pro-Russian media was already spreading the idea that Zelenskyy didn’t want to hold elections because he was trying to remain in power. In response to further pressure from some parts of the US Congress, Zelenskyy spoke in depth about the subject during an interview with Natalya Moseychuk. He suggested that, in order to hold elections during the war, the Ukrainian parliament would need to change the current legislation, and Western partners would need to provide funds, infrastructure, and observers to accommodate the entire voting population, including refugees and soldiers at the frontline. He contradicted the theory that he had any other reason to postpone elections. "I don't want the government to have the attitude that we are holding on to something. I would like to hold elections."
Support of the people
In September 2023, 100 public organizations in Ukraine signed a statement arguing against holding elections during full-scale war. One of the reasons they listed was that democracy is more than just voting. They pointed out that, not only would it be difficult for certain parts of the population to cast a vote, but it would be impossible for those same people to participate as candidates. Denying these people their right to the entire electoral process “can undermine national unity” and delegitimize the results. Instead, they called on the Verkhovna Rada to begin work on how best to hold free and fair elections post-war. They also referenced recent surveys which showed that most Ukrainians believed that elections should be held after the war.
Despite popular opinion, the Ukrainian government continued to explore how they might be able to conduct elections. In the fall of 2023, Dmytro Kuleba, then Minister of Foreign Affairs, said, “We are not closing this page. The President of Ukraine is considering and weighing various pros and cons.” However, he reiterated the existing concerns about the risks and complications. A few days later, Zelenskyy said in his nightly address, “I believe that now is not the time for elections” as all resources should be focused on defense of the country. Later that month, representatives of the Verkhovna Rada, including those of opposition parties, signed a memorandum agreeing that “the future free and fair national elections (parliamentary, presidential) are held after the end of the war and the end of martial law with enough time to prepare for elections (at least 6 months after the end of martial law)."
In early 2024, Zelenskyy continued to defend his position. “No one has canceled any elections, the law says that elections cannot be held during a war, and that's it. This is martial law. It's not me, it's not my new law, it's the law of Ukraine that was there from the very beginning, so no one canceled it,” he said during a February 2024 interview with Fox News. Additionally, he responded to the rumor that he was trying to illegitimately extend his term. "Right now, I have the greatest support in society. Therefore, if we hold elections now, people will elect me. So there is no need to say that I am trying to stay in power. I would win the elections if they were held.” Indeed, a survey shows that 69% of Ukrainians think that Zelenskyy should remain president until the end of martial law.
Furthermore, the potential issue of “illegitimacy” has already been disputed. “The main principle is that there cannot be a vacuum of the highest state power even in peacetime, and even more so in wartime - this is guaranteed by the Constitution of Ukraine,” says former head of the Constitutional Court Stanislav Shevchuk. The Constitution itself also states that “[t]he President of Ukraine exercises his powers until the newly elected President of Ukraine takes office.” There is a precedent for this as former president Leonid Kuchma remained in office for several months past his term in the aftermath of the Orange Revolution. In an October 2024 interview, Kuchma himself said that “it is impossible to ensure fairness and popular will in elections during the war. You cannot deliver a ballot box to every trench. And without the votes of those who sit in that trench, it will not be elections, but blasphemy.”
The verdict
Did Zelenskyy unilaterally cancel the elections?
No. Elections are prohibited by current legislation, which is upheld by Zelenskyy as President and Supreme Commander-in-Chief of Ukraine. The Verkhovna Rada must also vote to extend martial law every few months. Even without the laws in place, there are substantial barriers to conducting a valid election during wartime. Zelenskyy has stated that he is open to finding solutions and has made suggestions for how this could be achieved, but that it should not detract from defending the state. His standpoint is supported by the majority of the Ukrainian government and, most importantly, the citizens.