Since the start of Russia’s full-scale invasion in 2022, Ukraine’s parliament, the Verkhovna Rada, has voted to keep the country in a state of martial law. The initial decree, issued by Ukraine’s President Volodymyr Zelenskyy on February 24, 2022, had dictated that all national and regional authorities must come together to ensure the defense and public safety of all of Ukraine. The Law on the Legal Regime of Martial Law (passed in 2015) regulated temporary restrictions of the constitutional rights and freedoms of both individuals and legal entities. Additionally, all citizens of Ukraine aged 18-60 eligible for military service have been liable to be called to serve, as regulated by general mobilization. For Ukrainian citizens in their daily lives, martial law has meant restricted freedom of movement, banning public demonstrations, stricter ID checks, and an enforceable curfew. Additionally, the government can “use the capacities and workforce resources of public and private enterprises for defense needs,” including controlling public media.
The continued enactment of martial law may complicate Ukrainian elections next year. During the entire course of Russia’s invasion, Ukraine’s head of state has remained the same. President Zelenskyy was elected to serve a five-year term in 2019 and would be up for reelection in March during the 2024 cycle. In early September 2023, while the question of elections being held was still up in the air, President Zelenskyy stated that he was “ready for the elections,” but he stipulated, “I mean, we’re ready if it is necessary” — noting the challenges accompanying a wartime vote. Under martial law, elections are currently suspended, meaning Ukraine would not need to hold presidential elections in 2024. However, until early November, the question remained of whether the elections would occur. In a November 6th address, President Zelenskyy cleared the uncertainty, saying it is “not the right time” for elections in Ukraine. He continued with a message of unity, telling listeners, “We must realize that now is the time of defense, the time of the battle that determines the fate of the state and people, not the time of manipulations.”
Zelenskyy’s message touched on the difficulties of holding elections during wartime. Free and fair elections require a significant effort and devotion of time on the part of the government. For Ukraine to hold an election now would present considerable challenges for the entire country. But what should be prioritized? Even in a time of war, do democratic elections take ultimate precedence? Does holding elections protect individual rights, or does it make the entire country vulnerable? If so, should overall safety supersede personal freedom?
An election during wartime is a familiar concept to many parts of the world. For instance, the 1944 United States presidential elections took place in the throes of WWII. They ran relatively smoothly, with incumbent candidate Franklin Delano Roosevelt securing the victory. However, in 2023 Ukraine faces a vastly different situation than 1944 United States. Consider that WWII was fought primarily on European soil, and the United States was part of an alliance; it was not fighting on home soil by itself like Ukraine. So, while wartime elections are not unprecedented, Ukraine’s situation is relatively novel, which makes it challenging to seek guidance through historical comparisons.
Another complicating factor is that Ukrainians can be conscripted for service at any time. According to martial law, all males between 18 and 60 are considered liable for military service. Although many of those who are eligible for service have volunteered, Ukraine faces a troop shortage, and mobilization is a matter of survival for the country. Mandatory service adds a deeper layer of complication to a situation where elections are not being held. When individuals are called to serve a country but do not have adequate voting representation in that country, it presents serious qualms about the state of democracy. And in these times, a decision must be made – does safety come before freedom?
Understanding the impact elections have during wartime is essential to recognizing how war often prevents the full exercise of democracy. Elections are another measurable loss the people of Ukraine have suffered since Russia’s full-scale invasion. And they make a peaceful resolution of the war all the more necessary.