Why Ukraine has not held elections despite expiry of Zelensky's term: Explained

Ukrainian chairperson Volodymyr Zelensky said on Tuesday that he is ready to hold elections in the war-torn country provided he gets security against Russian attacks. Zelensky's remarks come as US President Donald Trump continues to put pressure for polls to be held.

The Ukrainian president's term had already expired in May 2024, but he had ruled out holding elections until a ceasefire was declared to end the war with Russia.

In an interview with Politico recently, Trump said, “I think it’s an important time to hold an election. They’re using war not to hold an election, but, uh, I would think the Ukrainian people would ... Should have that choice,” when he was asked to comment on elections in Ukraine.

Responding to the criticism from Trump, Zelensky declared on Tuesday that he is ready to hold elections, but he demanded that security be provided for voting to take place due to continuous Russian drone and missile attacks.

Notably, Russia held elections in 2024, in which Vladimir Putin secured a landslide victory against no serious competition. So one question now remains: Why exactly is Ukraine not holding elections? How can Zelensky lead the country even if his term has expired?

Simply put, the Ukrainian constitution does not allow the country to hold elections when martial law is in effect.

Ukraine was scheduled to hold elections in May 2024, however, martial law was declared in the country after Russia’s full-scale invasion in 2022. Ever since it was implemented, it has been extended by ninety-day additions through presidential decrees.

Article 83 of the Ukrainian constitution explains the conundrum clearly. It says that the Verkhovna Rada of Ukraine (the Ukrainian Parliament)’s term of authority is extended until the day of the first session of the Parliament after martial law comes to an end in the country.

Here’s what it says: “In the event that the term of authority of the Verkhovna Rada of Ukraine expires while martial law or a state of emergency is in effect, its authority is extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine, elected after the cancellation of martial law or of the state of emergency.”

If elections are to be held during martial law, changes need to be made in the constitutional amendments, which is also not possible during martial law according to Article 157 of the constitution. It says, “The Constitution of Ukraine shall not be amended in conditions of martial law or a state of emergency.”

Aside from the fact that it would be constitutionally illegal, voting during the war could prove to be extremely dangerous for citizens due to Russia’s continuous missile and drone attacks. At the same time, it would be difficult for soldiers to cast their votes since they would need to be on the front line.

The Ukrainian president told journalists on Tuesday that he was ready to hold national elections in the country within the next three months if the parliament as well as Ukraine’s international partners agreed.

He said he was asking lawmakers to prepare “proposals regarding the possibility of amending the legislative foundations and the law on elections during martial law," AFP reported.

Zelensky also sought help with security from the US along with European partners to hold elections.

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