President Donald Trump is making a valiant effort to peacefully end the tragic Russia-Ukraine war. He has put forth an innovative plan.
The plan includes promptly holding a presidential election in Ukraine. On December 8 Trump told Politico, “I think it is an important time to hold an election.”
One problem with that is the Ukrainian statutory law that governs martial law. Its Article 19 forbids elections during a time of martial law. Since the 2022 Russian invasion Ukraine has been ruled by martial law.
Nonetheless Ukrainian president Zelensky has actually spoken favorably about the election part of Trump’s plan. On December 9 Zelensky told Reuters “I’m ready for elections.”
He made that statement with full knowledge of the Article 19 obstacle: no elections under martial law. That’s clear since he also told Reuters he plans “to ask parliament to draft legislation” that would enable holding elections during martial law.
If parliament responds positively it could open an opportunity to hold a prompt presidential election. However, Zelensky and parliament would be able to attach strings that could cause delays. A prompt election might be only aspirational.
A greater concern is whether parliament will even approve Zelensky’s request and actually change the law.
It does not bode well that public sentiment seems against permitting a presidential election under martial law. A Kyiv International Institute of Sociology study conducted in November and December found that only 9 percent support holding elections now or before a ceasefire is concluded.
Then there is a parliamentary resolution from February, 2025. It affirms there will be no elections until there is a “fair and sustainable peace.” It passed with the 95.7 percent of those who participated in the session.
There is also opposition from political notables such as former president Petro Poroshenko and former prime minister Yulia Tymoshenko.
None of that means that Zelensky’s request will be unsuccessful, but just that it will face obvious opposition. Success can not be counted on.
There is another path toward an early presidential vote according to my plain-language reading of the Constitution.
That path begins if Zelensky were to resign.
On February 23, 2025 ABC News reported, “Zelensky says he’s ready to step down if it means peace for Ukraine.” Then on March 2, Politico added, “Speaker Mike Johnson on Sunday said that Ukrainian President Volodymyr Zelensky might need to resign to bring peace to his country following a contentious meeting between Zelensky, President Donald Trump, and Vice President JD Vance on Friday.”
Now might be a propitious time for Zelensky to act on his promise.
What would happen if he does?
Article 112 of the Constitution sets it out: “For the period pending the elections and the assumption of the office by the next President of Ukraine, [authority] shall be vested in the Chairman of the Verkhovna Rada of Ukraine.”
In addition, Article 103 stipulates “In the event of early termination of authority of the President of Ukraine, elections of the President of Ukraine are held within ninety days from the day of termination of the authority.”
The parliamentary Chairman is cast as a transitional figure and the constitution limits the extent of his powers. The current chair is Ruslan Stefanchuk, reputedly a very close associate of Zelensky’s.
Under normal conditions he would serve as president for about 90 days or less. However under martial law he could serve indefinitely, i.e. until martial law is ended.
That would put enormous pressure on the Ukrainian government to find an expeditious end to the war so that presidential elections could be held. Then Ukraine could have a fully-empowered president again. The process would have to be carefully managed by a motivated Ukrainian government, though, in order to avoid delays.
This scenario in my view would be President Trump’s best shot at negotiating a quick acceptance of a treaty to end the war peacefully. It gives the Ukraine government a powerful reason to end the war soon.
It is worth noting that an effort exists to question Zelensky’s legal competence to sign a treaty. Some public comments, including those from certain Russian officials, have questioned Zelensky’s authority, incorrectly asserting that his term ended on May 20, 2024. Accordingly they contend his presidency is no longer legitimate. However, Constitution Article 108 contains the language, “The President of Ukraine shall exercise his or her powers until the assumption of office by the newly elected President of Ukraine.” That means Zelensky remains fully the legitimate president of Ukraine and legally competent to sign documents.
