Elections in Ukraine during the War: Why the CEC Claims Legal Impossibility.

According to ТСН: In Ukraine, conducting elections under the current state of war is considered legally impossible. The Verkhovna Rada must update legislation and resolve a number of legal conflicts for the election process to begin.

This was stated by the Deputy Head of the Central Election Commission, Serhiy Dubovyk, in an interview.

Legal Obstacles and Political Decisions

According to the CEC representative, the question of elections mainly lies in the political sphere, and the Commission will only execute the decisions made by parliament. However, there is a problem with the current regulatory framework.

“Without changing the existing legislation, we cannot speak about elections at all. Changing the legislation on martial law is not just about elections. We cannot cancel martial law in terms of elections,” Dubovyk emphasized.

Dubovyk stressed that changes in legislation must be comprehensive to avoid disrupting the legal system of the country, as the timing of the implementation of many state decisions and laws is tied to the end of martial law. The legislator must determine how to link the electoral process with the ongoing mobilization.

Moreover, he reminded that the Constitution of Ukraine explicitly prohibits conducting elections to the Verkhovna Rada during wartime.

Infrastructure Status: 20% of Polling Stations Damaged

Assessing technical readiness for potential voting, Dubovyk noted that the overall condition of facilities is at a “more or less satisfactory” level, although the war has significantly affected infrastructure.

“In general, in the controlled territory, about 20 to 25% of polling stations are located in damaged buildings. In the frontline territory, undoubtedly, this percentage is higher. But this is not fatal, as polling station premises can be relocated if needed. The main thing is that there are people there, that there are voters, and not destroyed settlements,” noted Serhiy Dubovyk.

He also mentioned that the CEC is considering the possibility of using small architectural forms (SAFs) and temporary structures for organizing voting in places where capital buildings have been damaged.

“I think local authorities and the military administration will do everything possible to ensure voting when the prerequisites arise. In this regard, we are more or less ready. There are questions regarding ballot boxes, there are problems with communication systems, but everything will depend on how voting is organized,” said the CEC representative.

It should also be noted that the President of Ukraine, Volodymyr Zelensky, stated that he does not intend to stay in office.

In addition, Poland has expressed its readiness to provide support in organizing future elections in Ukraine.

In light of these events, it is important to understand that the electoral process in Ukraine depends on both legal and political contexts. As the war continues, key decisions remain with the Verkhovna Rada and the government. The proposed support from Poland could be a significant step in preparing for the elections, but the unresolved legal situation remains a major challenge.