Donald Trump’s accusation that Ukrainian President Volodymyr Zelenskyy is acting as a “dictator” by postponing presidential elections has sparked backlash, with critics pointing to his apparent misunderstanding of Ukraine’s constitutional framework and the complexities of conducting elections in a country at war.
One such critic is former Ukrainian President Petro Poroshenko, who remains a fierce rival of Zelenskyy after losing the 2019 election.
Despite their political rivalry, Poroshenko argued last month that holding elections during wartime would only serve to divide Ukraine and play into the hands of Russian President Vladimir Putin.
“If elections were held now, the winner would be Putin,” he warned, citing Russia’s disinformation campaign and efforts to exploit internal divisions.
Ukraine’s constitution
But Ukraine's constitution makes holding a presidential election virtually impossible during martial law, a measure that has been in effect since Russia's 2022 invasion.
Article 83 of the Ukrainian constitution states: “In the event that the term of authority of the Verkhovna Rada [Ukraine’s parliament] of Ukraine expires while martial law or a state of emergency is in effect, its authority is extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine, elected after the cancellation of martial law or of the state of emergency,” making it impossible to organize national parliamentary elections.
Also, Article 19 of Ukraine’s martial law legislation explicitly prohibits holding national elections while the country remains under wartime restrictions. The law states: “Under martial law, the following are prohibited: holding elections of the president of Ukraine, as well as elections to the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local self-government bodies.”
These legal restrictions, which predate Zelenskyy’s presidency, mean elections cannot take place unless martial law is lifted or new legislation is passed.
Additionally, Article 108 of the Ukrainian constitution ensures that the sitting president remains in office until a new president is elected and sworn in, further complicating the possibility of an election during wartime.
Logistical problems
Even if Ukraine's constitution were amended, logistical challenges would still make holding a presidential vote nearly impossible. Approximately 20% of Ukraine's territory remains under Russian control, making it impossible to set up polling stations or ensure fair participation in these regions. This could disenfranchise the millions of Ukrainians living under occupation.
The logistical nightmare extends beyond occupied areas. According to the United Nations High Commissioner for Refugees (UNHCR), around 6.3 million Ukrainians remain displaced across Europe, with an additional four million internally displaced. Coordinating voting among such a large and dispersed population would place immense strain on Ukraine’s already overburdened authorities.
In addition, the ongoing war and destruction from Russian attacks, including widespread landmines and air raids, make it difficult for many Ukrainians to reach polling stations. Even if martial law were lifted, the war’s damage could prevent elections from taking place in many areas. Air raid alerts, which disrupt daily life, would also impede the electoral process, making it difficult to ensure the security of voting and prevent ballot tampering or manipulation.
In light of these challenges, critics argue that Trump’s call for an election overlooks the realities facing Ukraine, a country whose citizens are still fighting to defend their sovereignty against an aggressive foreign invader.
