The issue of holding elections in Ukraine under martial law is extremely complex and multifaceted. On the one hand, there is a formal possibility of creating the necessary legal framework for holding elections even in the current conditions. The current legislation does not contain a direct prohibition on amending legal acts during martial law, except for the Constitution of Ukraine. Moreover, the Presidential Decree on the introduction of martial law itself has some flexibility to restrict the constitutional rights of citizens, leaving room for maneuver.
However, the reality poses serious challenges. Ensuring a proper electoral process in a time of war seems to be an almost impossible task. How to guarantee the safety of voters and election commissioners? How to ensure equal access to polling stations for all citizens, taking into account the occupied territories and the huge number of internally displaced persons? These questions do not have easy answers.
At the same time, the political aspect of the problem cannot be ignored. Holding elections could be a powerful signal of the resilience of Ukrainian democracy, demonstrating to the world that even in times of war, our country is capable of supporting democratic processes. It would also provide an opportunity to renew the mandate of trust for the authorities, which is especially important in the context of a protracted conflict.
However, we face serious risks here. The electoral process could become a source of political destabilization at a time when the unity of society is critical. In addition, it would divert significant resources from defense needs and create additional opportunities for enemy information attacks and manipulation.
The time factor deserves special attention. We do not know how long the war will last. It is quite possible that in a year or two, the conditions for holding elections will be even more difficult than they are now. Therefore, developing an appropriate legislative framework today seems like a reasonable step to avoid haste and mistakes in the future, if elections become inevitable.
At the same time, it is important to understand that the preparation of the legislative framework itself does not mean the immediate holding of elections. Rather, it is the creation of a contingency plan, readiness for different scenarios. Such preparations should include the development of mechanisms to ensure voting rights for different categories of citizens – military personnel, internally displaced persons, citizens in the occupied territories, and refugees.
The technical aspect is also extremely important. It is necessary to develop reliable cybersecurity systems and mechanisms to counter disinformation and information attacks. It is necessary to create clear criteria for assessing the security situation, which will determine the possibility of holding elections at a particular moment.
Ultimately, we have to find a balance between preserving democratic principles and taking into account the realities of wartime. If we do not start working on the relevant legislation now, in the future we may find ourselves in a situation where elections will be necessary, but the legal framework for this will be absent or imperfect.
Therefore, despite all the difficulties and risks, it seems necessary to work on creating a legislative framework for holding elections under martial law. This does not mean that the elections should be held immediately, but it does mean that we should be prepared for various scenarios, while preserving the democratic character of our state and its institutions.
