The decision on how and when to hold elections is only in the hands of the government, parliament and people of Ukraine. As well as the opportunity to change the Constitution and make martial law be lifted for a certain period, or to allow elections to be held in another way, PACE President Teeny Cox said in an exclusive online conversation with Olga Aivazovskaya, Chairwoman of the Board of the OPORA Civic Network.

When asked if European standards could be implemented during martial law and the hot phase of the war, Cox replied: “It is clear that your Constitution does not allow elections to be held during martial law.. This is the state of affairs today. This is why your country has no right to hold elections now. This is understandable and I would like to emphasize this clearly.. Ukraine - as a full member of the Council of Europe - is, of course, a democratic country. And while democracy is much more than just elections, I think it cannot be denied that without elections, democracy cannot function properly.. That is, I want to tell the government, parliament and people of Ukraine that it is in your hands to make a decision: whether there will be elections and when exactly they will be held. As long as martial law is in effect and your constitution remains as it is, there can be no elections.. But sooner or later the moment will come, and elections will be held. My advice is to start preparing for them as soon as possible.”.

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According to Tiny Cox, everyone in Ukraine agrees that it is the Ukrainian people who decide who will represent them in the Verkhovna Rada and in the government.

“As long as your government and parliament believe that the Constitution should be respected, elections are impossible until then.. However, this, of course, is in the hands of your government and parliament - it is possible to change the Constitution and make it so that martial law is canceled for a certain period or allow elections to be held in a different way,” he clarifies.. - That is, I want to say that it is not necessary to leave it to the discretion of the Russian aggressor whether you will have elections and when exactly they should be held. It is clear that on the basis of the current legislation of Ukraine there can be no elections. And it is also clear that martial law can only be abolished when the war is over.. But of course the Russians should withdraw their troops from your country. And it is not for them to decide when your government and parliament want to hold elections and whether they want to. This is the decision of the people, the Verkhovna Rada and the government of Ukraine.”.

According to Cox, it is clear enough that these elections - if and when they take place - will be extremely difficult..

“Extremely complex and will constitute a huge challenge for the whole of Ukraine. So my advice is to start preparing for them as soon as possible.. And the Council of Europe has a lot of funds to help the parliament, government and people of Ukraine organize elections at a time when your Constitution allows it and when your country is ready for it.. But don't leave the Russian aggressor to decide when you have elections. This is the main idea of \u200b\u200bmy message,” the PACE President stressed..

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The Parliamentary Assembly and the Council of Europe as a whole are more than ready to help Ukraine. According to the PACE President, our country has already shown earlier that it is capable of organizing elections in difficult conditions.

“For example, during the COVID pandemic, your government, with the support of the Central Election Commission, was able to hold elections,” Cox notes.. — We all know that it was very difficult, but you managed it. Therefore, my call to you is to look for non-standard solutions.. Consider whether there might be some means in the future based on democratic decision-making by your government and your parliament to start preparing for elections and possibly allow them to take place. But again, your constitution takes precedence, no one should make decisions or act contrary to the constitution.”.

Regarding the risks in conducting e-voting without piloting, especially for the post-war elections in Ukraine, the PACE President emphasized: “Indeed, e-voting is an opportunity. I think the Council of Europe is the only international organization that has developed a list of standards for electronic voting. But, of course, the decision on whether to apply this format remains at the discretion of the government, parliament and the CEC of the country.. This method has its advantages - it provides an opportunity for people who cannot physically reach the ballot box to still vote. But of course it also has disadvantages.. This technology is still the subject of debate, and it is up to the country's authorities and especially the Central Election Commission to decide whether the expression of will through electronic voting is safe enough..

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Again the Council of Europe cannot say which method you should use. It is completely in the hands of the democratic state of Ukraine. But if you use e-voting, we recommend that you apply the set of standards developed by the Council of Europe to ensure that e-voting is as fair and free as possible.. And once again, such a format is possible, but even in this case it will be a huge challenge for a country that is at war or has just ended a war to organize elections in this way.”.

Earlier, Tiny Cox said that Ukraine must hold free and fair elections even under martial law.. In turn, President of Ukraine Volodymyr Zelensky noted that due to the Constitution, this is impossible during martial law..

A key legal point that both the President and Teeny Cox refer to should be clarified here.. In fact, the Constitution does not determine the timing of the election campaign, but only the date of the elections and the term of office of the parliament - five years (art.. 76), and also clarifies that in the event of the expiration of the term of the Verkhovna Rada during a state of martial law or a state of emergency, it continues until the first meeting of the first session of the Verkhovna Rada elected after the abolition of the Armed Forces or emergency situations (Art.. 83).

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The Electoral Code continues. If the holding of elections does not require a separate decision on their appointment (and in our case it is not necessary, because the elections are regular), the CEC announces the start of the election campaign no later than one month from the date of termination or cancellation of the Sun or emergency (Art.. 20). At the same time, Art. 136 of the code clarifies that the electoral process of the regular elections of deputies begins sixty days before the vote.

What is important here? And the fact that we have extended martial law until August 18. And if the authorities announce elections before August 29, then they will fully fit into the campaign deadlines specified by law.. But even if there are any hitches, it is possible to make any necessary changes to the law and hold elections on time.. That is, the matter is not in the absence of a legal possibility, but exclusively in the decision of Zelensky.

Read about all the details of Bankova’s electoral case, as well as the attitude of Ukrainians to elections during the war, in the article by Inna Vedernikova “War and Elections. Which victory is more important?