Photo credit CNN
–Contributors Flor Blanco and J. Bradley
BREAKING: Volodymyr Zelenskyy Suspends Presidential Elections Under Guise of Martial Law
The scheduled elections in Ukraine, slated for March 31, 2024, did not take place. As a result, the mandate of the incumbent President, Volodymyr Zelenskyy, expires on May 20, 2024. However, despite this expiration, Zelenskyy shows no intention of relinquishing power. From May 21, without an election, Zelenskyy’s continuation in office could be viewed as illegitimate. This situation raises concerns about the usurpation of power, as it defies democratic norms and principles that form the bedrock of any democratic society.
The justification for not holding elections lies in the declaration of martial law in Ukraine, purportedly due to the ongoing conflict. Since the Ukrainian conflict with Russia, Ukraine’s Parliament, the Verkhovna Rada, has voted to extend martial law in Ukraine eleven times.9, 10 Continual extensions are needed because the Ukrainian Constitution only allows martial law to be in effect for 90 days.6, 7, 11 The eleventh vote, which occurred On May 10th, extended the martial law proclamation issued on February 14th of this year, which allegedly Zelenskyy used to forego Presidential Elections in Ukraine. It is claimed that elections will be postponed until after the war has ended. Yet, the prolonged absence of democratic processes raises questions about the erosion of democratic freedoms and the consolidation of power in Ukraine.
Ukraine’s laws under Title 8 The Legal Regime of Martial Law, and in Chapter 8 and Chapter 5 of the country’s constitution, outlines the scenarios and actions in which the government can exercise authoritarian power over citizens under martial law in the “event of a threat of aggression, [and/or] danger to the state independence of Ukraine” 6-9,12. Title 8, specifically grants the suspension of elections during martial law, which was a change that was added on July 2022, during Zelenskyy’s
reign. 6-9
Although the changes reference powers explicitly granted by the Ukraine Constitution to both the Ukraine President and Parliament during martial law, it overlooks one very clear clause printed in black and white newsprint within that same document. The changes made were in direct violation of Chapter 8 Article 157, which states, “The Constitution of Ukraine shall not be amended in conditions of martial law or a state of emergency.” 6,12 This issue raises questions as to whether Zelenskyy’s role as President will continue after May 20, 2024, which is the date when his term officially ends. It also raises questions as to why the US should continue to offer financial support, military resources, political backing and aid to an illegitimate regime.
Oddly, Zelenskyy’s administration sought international support to suspend elections along with other human and democratic rights through the Council of Europe (CoE), a conglomeration of European States that is separate, larger and much older than the European Union and where Ukraine has held a member seat since 1995.1,2,4,13 The request submitted to the CoE unabashedly lists a series of human and democratic freedoms secured by the Ukrainian Constitution that Zelenskyy had openly usurped with a flagrant Presidential Proclamation in February of this year when he extended martial law.13
Although Ukraine’s membership in the CoE does not prohibit Ukraine’s sovereignty and ability to govern itself as a country, the CoE provides Ukraine international funding and legal support in international courts. The legal arm of the CoE, called the European Court of Human Rights (ECHR), provides a legal path in which individuals and organizations can sue member states, like Ukraine, in violation of the CoE’s human rights standards, which include securing democratic elections. This process could take years. However, members of the CoE are granted permission to derogate, or relax, compliance to human rights standards under special circumstances such as military aggression, so long as the derogation request does not conflict with the country’s internal laws.1,18
Additionally, backing from the CoE, which only allows membership with nations having democratic governments, gives a presumption that Ukraine’s actions are legitimate and aligned with the stringent precepts of the CoE to secure human rights and fair government. 1-2 The CoE’s move to approve Ukraine’s request to derogate on April 4, 2024, suggest that the CoE is more flexible in overriding its own standards than it may propose. 4 In November 2024, the CoE drafted an action plan for Ukraine that included €50 million in funding for reconstruction efforts to counter the effects of the conflict with Russia. Among the action plans are a promise from the CoE to secure the same human and democratic rights that the Ukraine is violating. 1-5 These violations are being recorded and distributed throughout social media. Included in the plan are offers from the CoE to provide Ukraine advisory support and resources to help Ukraine obtain funding from non-member partner nations, such as the US.1-5
From a US perspective, the coordination and partnership across different governing bodies in support of Ukraine’s dismissal of democracy and human rights would seemly be considered as a form of racketeering. The presumption is supported by accounts that the ECHR, CoE’s legal arm was unaware of Ukraine’s suspension of elections and other rights until recently.14 Historical events such as Great Britain’s elections held right after WWII and the more recent Russian elections in 2024 discount Zelensky’s need to suspend elections. 16,17 A recent report issued by the US State Department under the Biden Administration blasts Ukraine for human rights abuses and disregard for representative government.15
Despite the US media and Biden Administration continually labeling the Ukraine-Russia conflict as a war, no official declaration of war against Russia was ever made. In fact, Ukraine still transacts business with Russia.19 In fact, Zelenskyy’s proclamation of martial law, which only applies as an extension of military rule with one’s own country rather than a state of war with another country, supports that US popular opinion about Ukraine as communicated by the mainstream media and the Biden Administration is disingenuous.20 There is simply no war for the US to fund.
With President Zelenskyy’s term officially ending on May 20, 2024, the situation underscores the urgent need for international attention and action to uphold democratic values and ensure the restoration of democratic processes in Ukraine. It also questions the US Biden policy on Ukraine and supports the demands made to end the funding of the Ukraine conflict by US tax dollars.
UPCOMING: Zelenskyy’s Seemingly Fraudulent Election as President
Pod Bean Link and References:
https://uncensoredbeat.podbean.com/e/will-zelensky-be-president-of-ukraine-after-may-21-2024
- AP Ukraine 2023-2026 – EN.pdf (coe.int) https://rm.coe.int/action-plan-ukraine-2023-2026-eng/1680aa8280
- COE’s approval for Ukraine Derogation. https://www.coe.int/en/web/conventions/recent-changes-for-treaties?module=declarations-by-treaty&numSte=009&codeNature=0
- 1680794dc5 (coe.int) https://rm.coe.int/council-of-europe-action-plan-for-ukraine-web/1680a0b0cc%20aine-2018-2021-couv-bat-a4-web/1680794dc5
- Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law”. Reference chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://treaties.un.org/doc/Publication/CN/2024/CN.142.2024-Eng.pdf Reference: C.N.142.2024.TREATIES-IV.4 (Depositary Notification) INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS NEW YORK, 16 DECEMBER 1966 UKRAINE: NOTIFICATION UNDER ARTICLE 4 (3)1
- Changes to Restrictions Allowed by Martial Law of Ukraine https://www.loc.gov/item/global-legal-monitor/2022-04-04/ukraine-new-laws-criminalize-collaboration-with-an-aggressor-state/
- Ukrainian Parliament Website # 11234 Bill https://itd.rada.gov.ua/billInfo/Bills/Card/44172
- Ukrainian Parliament Website # 11235 Bill https://itd.rada.gov.ua/billInfo/Bills/Card/44173
- https://www.pravda.com.ua/eng/news/2024/05/6/7454485/ (vote to extend martial law)
- Article 85 Paragraph 31 of Ukraine Constitution Powers of the Parliament https://www.te.gob.mx/vota_elections/thesaurus/article/5420/5347/191
- Ukraine Constitution Chapter 8 Amendments to the Constitution CONSTITUTION OF UKRAINE (coe.int) https://rm.coe.int/constitution-of-ukraine/168071f58b
- Derogation Measures Submitted by Ukraine to Council of Europe: 1680af452a (coe.int) https://rm.coe.int/1680af452a
- ECHR not aware of derogation until recently: https://www.pravda.com.ua/eng/news/2024/04/29/7453445/
- Letter from State Department regarding Ukraine Violations of Human Rights. Ukraine – United States Department of State
- British Elections after WWII ends BBC – History – World Wars: Why Churchill Lost in 1945. https://www.bbc.co.uk/history/worldwars/wwtwo/election_01.shtml
- Russian Elections. Russia election: Putin basks in electoral victory even as Russians quietly protest | AP News
- Explanation of the EHCR https://www.equalityhumanrights.com/human-rights/what-are-human-rights/what-european-convention-human-rights
- Ukraine’s reliance on Russian Oil: https://www.washingtonpost.com/world/2023/05/24/ukraine-gas-russia-pipeline-oil/
- Martial Law in Ukraine https://visitukraine.today/blog/3230/why-is-ukraine-demanding-the-introduction-of-a-state-of-war-and-how-does-it-differ-from-martial-law#google_vignette