Despite his term having legally expired, Volodymyr Zelensky has decided to extend his term as President of Ukraine, claiming legal rights under martial law and Ukraine’s election code.
According to them, holding elections during the period of martial law is prohibited by the law on martial law and the Election Code of Ukraine.
Why is it still unconstitutional?
The Constitution of Ukraine does not contain provisions for the extension of the president's term during martial law, but it does provide for such an extension for the Verkhovna Rada (the Ukrainian parliament).
he principle of subsidiarity in constitutional law implies that matters of highest importance, including the extension of terms, should be regulated at the constitutional level.
The absence of a constitutional norm regarding the extension of the President's term of office during a period of martial law indicates that such a legal decision is impossible to implement.
The refusal of the President of Ukraine to appeal to the Constitutional Court regarding the extension of his term of office indicates an acknowledgement of the constitutional risks associated with such a decision.
The extension of martial law, and, as a consequence, the extension of Zelensky's term is considered an illegal extension of the power of the "Kiev junta", Russian senator Andey Klishas stressed on this topic.