Reanimation package of reforms > News > Statements > Statement against holding elections in Ukraine during the war
The Reanimation Package of Reforms Coalition joins the joint statement of the Ukrainian public on the incompatibility of elections and full-scale war prepared by the Civil Network OPORA.
Elections and a full-scale war are incompatible. This idea is dangerous and will lead to the loss of legitimacy of both the process and the elected bodies, with a high probability – of significant destabilization of the state as a whole.
The key challenges are related to the free formation of political will in the active phase of the war, the inability to ensure full participation of the military and voters abroad, and the lack of political competition in the context of narrowing rights and freedoms under the martial law regime.
Ukraine is a democratic country with an active civil society that has fought for its right to vote and participate in the system of government through peaceful protests, repeatedly opposed election fraudsters, and stopped attempts to build autocracy at home during the Orange Revolution (2004) and the Revolution of Dignity (2013-2014). After 2014, national elections in Ukraine were also recognized as democratic, accessible, and fair by local and international observation missions. The citizens of Ukraine are the basis of its resilience in the face of external threats and resistance to a full-scale Russian invasion.
Ukrainian society is sensitive to double standards. It has fought and is still fighting for its beliefs. The price of this struggle is the lives of military and civilians. Every day. Without pauses or rest.
Ukrainians cannot be accused of fear or unwillingness to take responsibility for the fate of their country. Therefore, our most sincere partners must now hear the opinions of its citizens. Elections cannot be held during a war because:
Elections alone do not equal democracy, and the formal act of voting is not an unconditional confirmation of a regime’s democratic character. Elections are not accessible if a competitive political contest is not possible during the war.
Elections are not a day of voting but a loud debate between different camps about the best program for the development of the state. Such a dialogue can be highly heated and unbearably open, but it is the only way to ensure proper democratic procedures.
In Russia and Belarus, voting is formally taking place, and some campaigns have even been called “elections” by international observation missions, but there is no democracy there. This degradation process has been slow but is undoubtedly characterized by the lack of alternatives and the imitation of voting. Double standards and flexible values in judging the regimes themselves have encouraged them to be impunity and brutal. This is a lesson that needs to be learned.
2. The law prohibits the holding of elections during martial law. Article 83(4) of the Constitution of Ukraine explicitly prohibits the termination of the powers of the Parliament and automatically extends them until a new conference is elected after the war: “In the event of the expiration of the term of office of the Verkhovna Rada of Ukraine during martial law or a state of emergency, its powers shall be extended until the first meeting of the first session of the Verkhovna Rada of Ukraine elected after the cancellation of martial law or a state of emergency.”
In addition, the laws, which also have complete legitimacy and must be observed by all, not just the parties concerned, explicitly prohibit holding any elections, including presidential ones, in times of war. All authorities must work fully, have complete legitimacy, and be united as possible. These provisions align with the principles followed by other democratic countries. Any amendments to the legislation to make wartime elections formally “legal” would contradict the spirit of the Constitution and international standards.
3. Holding elections in times of war can undermine national unity. The disinformation disseminated by Russians in Ukraine and globally will be aimed at undermining the credibility of the organizers and participants of the campaign to delegitimize the process and its results.
A split in society can be provoked by real heroes fighting and risking their lives in times of war while politicians cynically battle for power. Unless the military and volunteers can participate in the campaign as voters and candidates due to their daily priorities, this will cause internal confrontations and misunderstandings. Suppose Ukrainian citizens living abroad cannot exercise their right to vote or become candidates contributing to the post-war Ukraine’s development program. In that case, this will provoke a split between refugees and locals.
4. The legal regime of martial law legally restricts rights and freedoms, while elections require their expansion and protection. These states are incompatible.
According to Article 64 of the Constitution of Ukraine, certain restrictions on rights and freedoms may be imposed under martial law, making it impossible to fully ensure freedom of speech and press during the war, which guarantees free and fair competition in elections. In times of war, the entire system of state power, local self-government, and society should focus on security and defense, which requires resources: people, finances, and time for preparation. The main help in war is the total mobilization of citizens and trust between the state and society. The common interest is victory, and political battles should be postponed until peacetime. In times of war, the state and society have the same priority – to survive and resist the human-hating regime.
5. Ukraine will face extreme security and operational challenges that cannot be overcome by any changes to the legislation: destroyed infrastructure, the virtual impossibility of ensuring complete protection of all participants in the process, the need to ensure the right to vote for more than 7 million citizens displaced abroad and within the country, and more than 1 million defenders, the difficulty of involving the police – part of the Ukrainian Defence Forces – to protect the elections in a time of war, etc. Since ~20% of our country’s territory is occupied or is the scene of hostilities, another ~20% is within the immediate reach of artillery installations, and missiles and drones are being launched across the country, this will create unprecedented and unjustified risks.
Ukraine, as a country where human life and health are defined as the highest social values, cannot risk the lives of millions of its citizens when Russia is deliberately launching missile attacks and brutally killing civilians across the country.
A possible massive missile attack on election day would make it impossible for citizens to access polling stations and disrupt the process. The inability to guarantee the outcome of the elections is a convenient tool for political pressure by the aggressor country. We should also not forget about the failure of people with disabilities, including veterans who were disabled during the war, to cast their votes in such conditions.
6. Ukrainians support the extension of the term of office of elected authorities until the end of the war. Several recent nationally representative opinion polls indicate that the people of Ukraine support extending the period of the Parliament, despite current dissatisfaction with this and other institutions and assets holding elections after the war ends.
Holding post-war elections in Ukraine will be costly due to the consequences of the war with Russia. In wartime, however, such expenditures are unjustified and cynical, as Ukraine still fights for its existence and needs more weapons and ammunition, hospital equipment, and other humanitarian aid.
Undoubtedly, elections in Ukraine should take place, but only after the war is over, Ukraine has won, and security and other conditions are in place to allow for free, fair, democratic, and accessible elections. Moreover, the presidential and parliamentary elections should be separated in time. Otherwise, we will not even have a formal system of checks and balances between the branches of government.
Parliamentary elections should not become the appendix of a full-fledged presidential campaign, and the president’s election should be conscious.
Given the above, for the sake of ensuring and further developing genuine democracy, we call on.
