The Legal Struggles of Holding Elections in Ukraine During Wartime: A Political and Constitutional Dilemma

Ukraine faces a constitutional dilemma on holding elections during wartime, balancing democratic values with national security concerns

Ukraine faces a constitutional dilemma on holding elections during martial law. President Zelensky warns elections could undermine national unity, while opposition figures claim the government may secretly prepare for elections. International voices urge elections to show democratic resilience, but lifting martial law poses security risks. Public opinion is divided, and the issue remains unresolved amid ongoing conflict.

Amid the US-Russian talks aiming to end the war in Ukraine, the question of holding elections during the conflict has become increasingly urgent. With martial law in place, Ukraine's constitution prohibits elections, but the debate is gaining momentum. Some argue that elections would showcase Ukraine's resilience and commitment to democracy, while others, including President Zelensky, warn that holding elections now could jeopardize national unity and distract from the fight against the Russian invasion.

The international community is closely watching this debate, with Western diplomats urging Ukraine to demonstrate its democratic values, even in wartime. However, these calls conflict with the country’s current security challenges. As negotiations between Russia and the US progress, the question of elections remains a complex issue, balancing legal restrictions with the country's need for stability during the ongoing war.

The Constitutional Roadblock: Elections in a Time of Martial Law

The heart of the legal problem is Ukraine’s constitution, which outright bans elections during martial law. When Russia invaded Ukraine in February 2022, the government declared martial law, a measure that gives the state sweeping powers to protect the country’s security and limits certain civil liberties. This martial law has been extended several times, and currently, it’s set to last until May 2025, meaning that, according to the constitution, no elections can be held until that time.

Ukraine’s Constitution, in Article 83, states that elections for the president, parliament, or local authorities can’t take place when martial law is in effect. This presents a real dilemma for both the Ukrainian government and opposition parties, as there’s a sharp divide over whether holding elections during a time of war would be responsible or even possible.

The Political Tug-of-War: Should Elections Happen or Not?

The debate over whether elections should be held has sparked a fierce divide within Ukraine’s political scene. On one hand, President Volodymyr Zelensky has repeatedly said that elections are simply not an option while the country is at war. For him and his allies, holding elections now would distract the nation from its fight against Russia and risk destabilizing the country when unity is needed most. He argues that the people of Ukraine are not focused on elections—they are focused on surviving and defeating the enemy.

In a recent speech at the Munich Security Conference, Zelensky made it clear once again that holding elections would weaken Ukraine’s defense efforts, forcing soldiers to leave the frontlines and possibly inviting Russian forces to exploit the country’s internal divisions. His position is grounded in the belief that wartime unity is more important than the logistics of holding an election. This view aligns with the legal framework, as martial law explicitly prohibits elections. For Zelensky, the priority is survival, not the democratic process.

But not everyone agrees. Former president Petro Poroshenko, a key figure in Ukraine’s political opposition, has been vocal in suggesting that the government is quietly preparing for elections, despite the martial law ban. In interviews throughout February 2025, Poroshenko claimed that sources within the Ukrainian government—ranging from law enforcement officials to the Central Election Commission—have hinted at election preparations. According to him, the government is already printing ballots, updating voter lists, and opening offices abroad for Ukrainian refugees to vote.

Poroshenko’s accusations are significant because they suggest a hidden agenda within Ukraine’s ruling elite. He argues that the government is plotting to hold elections in October 2025, and some within the government may be hoping to create an environment that favors their re-election efforts. Poroshenko is not the only one suspicious of those in power—his claims have raised questions about whether the government is trying to bypass the constitutional restriction on elections or whether this is an attempt to discredit the current leadership altogether.

International Voices: Pressuring Ukraine to Hold Elections

While the debate rages within Ukraine, international voices have also added fuel to the fire. Some U.S. officials, including Keith Kellogg, the U.S. Special Representative for Ukraine and Russia, have pushed for Ukraine to hold elections during wartime, arguing that it would send a strong signal about the country’s commitment to democracy. The U.S. government has repeatedly expressed its support for Ukraine, and this includes the idea that elections should happen, even amid conflict, to show the world that democracy is alive and well in Ukraine.

Senator Lindsey Graham, a longtime ally of US President Donald Trump, has also supported the idea of elections during the war. He sees it as an important display of democratic resilience. However, while the U.S. has publicly voiced its support for elections, it has not made formal demands. Ukrainian officials, including Deputy Head of the President’s Office Ihor Zhovkva, have made it clear that Washington has not pressured Ukraine into holding elections, signaling that the government is still focused on security concerns rather than outside influence.

Can Martial Law Be Lifted? A Legal Path Forward

One possible route to holding elections is lifting martial law, but that raises its own set of legal questions. Some Ukrainian politicians and legal experts have suggested that if the active fighting were to stop, martial law could be lifted, and elections could be held. However, even if the fighting were to stop, lifting martial law could be risky. This could, in particular, mean opening the borders, which risks an exodus of men. Legal experts argue that, unless a full peace agreement is signed and Russian forces completely withdraw from Ukrainian territory, it’s too dangerous to end martial law prematurely.

Fedor Venislavskyi, a key legal expert and member of Ukraine’s ruling “Servant of the People” party, pointed out that just because active combat ceases, it doesn’t mean Russia’s threat is gone. Russian troops could remain on Ukrainian soil, and the risk of new attacks would still be real. This means that lifting martial law would only be considered once Ukraine is confident that its security has been fully restored—a condition that seems far from possible, given the ongoing conflict. The constant Russian threat suggests that martial law may need to remain in place permanently.

The Split Public Opinion: To Elect or Not to Elect?

Public opinion in Ukraine is also deeply divided. Recent polls by the Rating Group, a polling firm, show that about 60% of Ukrainians are opposed to holding elections during the war, while a smaller portion supports the idea. This split reflects the larger societal struggle to balance the need for democratic processes with the pressing need for national security. Legal experts and political figures are wrestling with the same question: How can elections be fair and representative when parts of the country are occupied or the frontlines are still shifting? How can Ukrainians cast their votes freely when so much of the country is still in turmoil?

A Legal and Political Crossroads

The legal challenges surrounding elections in Ukraine during wartime are more than just constitutional debates—they represent the deeper, more urgent struggle of a nation trying to balance survival with the need to preserve democratic principles. As the war continues, the questions surrounding elections will only grow more complicated, as they involve not just legal interpretations but also political maneuvering, the public’s will, and the course of the war itself.

For now, the Ukrainian government’s position is firm: no elections while martial law is in effect. But as time passes and the war continues, the legal and political questions about elections will grow even more pressing. The way this issue is resolved will not only shape Ukraine’s future but also signal to the world whether a nation at war can truly preserve its democratic values under the most difficult circumstances imaginable. The legal and political choices Ukraine faces now are not just about elections—they’re about defining what it means to be a democracy in the middle of a fight for survival.