“Zelenskyy will remain a legitimate president until the next election” – lawyer’s comment

27 February 14:48

From a legal point of view, Volodymyr Zelenskyy will be the legitimate President of Ukraine until the next elections, whenever they are held. This was stated in an exclusive commentary to Kommersant Ukrainian honoured Bristle of Ukraine Leonid Yemets said in an exclusive interview with Kommersant Ukrainskyi.

“The legal position here is specific: he will be legitimate until the new president or acting president takes office. This provision in the Constitution is very specific. We have the principle of the continuity of power and, accordingly, we do not have a period of time without a president or acting president. Therefore, until a new president or acting president takes office, Zelenskyy will be legitimate,”

– the lawyer commented.

According to him, the 5-year presidential term specified in the Constitution is only one of the grounds for his powers.

“The Constitution defines several grounds for the powers of the Verkhovna Rada and the president. The first is the term for which they are elected through elections. For the parliament, for example, it ended a few months ago. They have not lost their legitimacy. They are legitimate, but the basis for their powers is simply different now. This is a constitutional basis. If until now they were in office because they were elected for a term, then after the end of the term they have these powers because we have martial law,”

– explains Yemets.

However, the lawyer believes that the best way out of the situation would be to appeal to the Constitutional Court and get an official interpretation from the CCU.

“If the laws were read unambiguously, there would be no need for the legal profession. We have one body that can interpret the Constitution. Neither the president, nor the head of the Cabinet of Ministers, nor even a Kyiv taxi driver has the right to interpret the Constitution. This can only be done by the Constitutional Court of Ukraine. A petition can be submitted to it by 45 MPs, the president, or the plenum of the Supreme Court. And then we will get an absolutely legitimate decision that can be used both for internal clarification and for international partners,”

– believes Leonid Yemets.

According to the Constitution of Ukraine, the President is elected for a 5-year term. Volodymyr Zelenskyy became President of Ukraine on 20 May 2019, meaning that his constitutional term of office expires on 20 May 2024. The next presidential election, according to the Constitution of Ukraine, should have been held on the last Sunday of March of the fifth year of the president’s term, i.e. 31 March 2024. Contrary to popular belief, the Constitution of Ukraine states that only parliamentary elections cannot be held during martial law. Any elections during martial law are prohibited by the Law of Ukraine “On the Legal Regime of Martial Law”. Currently, the President of Ukraine has extended martial law until 13 May.

Остафійчук Ярослав
Editor