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Will Ukraine hold presidential elections in 2019 if Parliament imposes martial law?

Author : Andriy Magera

Without a relevant resolution of the Parliament, the Central Election Commission will not be able to conduct elections of the president of Ukraine.
13:32, 26 November 2018

Unian

Of course, in paragraph four of the first part of Article 19 of the Law of Ukraine "On the legal regime of martial law" it is provided that during the period of martial law, elections won’t be held in Ukraine. It is known, perhaps, by all Ukrainians.

However, I dare say that the Constitution of Ukraine (as an act of higher legal force), in contrast to the above-mentioned law, is not so categorical in this matter.

Therefore, the possibility / impossibility of holding the next presidential election of Ukraine on March 31, 2019 will be understandable only after familiarization with the presidential decree of Ukraine on the imposition of martial law in Ukraine or in certain localities approved by the Verkhovna Rada of Ukraine, including taking into account the provision of the second part of Article 64, paragraph 31 of the first part of Article 85,and  paragraph 20 of the first part of Article 106 of the Constitution of Ukraine.

First, it will be necessary to find out: is martial law introduced throughout the territory of Ukraine or only in its individual areas?

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Secondly, will the decree in the list of temporary restrictions of individual constitutional rights and freedoms of a person and citizen contain a reference to the first part of Article 38 and / or the second part of Article 103 of the Constitution of Ukraine regarding the right of citizens to elect the President of Ukraine and the right of citizens to run for President?

Thirdly, it is necessary to find out the duration of martial law. Indeed, in contrast to a state of emergency, martial law does not contain legislatively defined maximum terms.

Fourthly, at the time of the expiration of martial law, will the deadline set by the fifth part of Article 51 of the law be also expired? It provides for filing documents with the Central Election Commission for registering candidates for the presidency of Ukraine no later than 55 days before voting day. The deadline for submission of documents to the CEC for candidates is of fundamental importance (part two of article 23, paragraph one of part one of article 24 of the law of Ukraine ” About the presidential elections in Ukraine ").

Fifth, whether the president of Ukraine will have the opportunity to cancel martial law before its expiration (based on the second part of Article 7 of the Law of Ukraine "On the legal regime of martial law").

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Finally, it will be necessary to clearly explain to citizens that the terms "martial law" and "state of war" have somewhat different substantive legal loads. You can compare paragraphs 19 and 20 of the first part of Article 106 of the Constitution of Ukraine.

In conclusion, it is necessary to emphasize that the appointment of any kind (ordinary, extraordinary, repeated) Presidential elections in Ukraine is the exclusive authority of the Verkhovna Rada of Ukraine (based on the content of paragraph 7 of the first part of Article 85 of the Constitution of Ukraine). This means that without a relevant resolution of the Parliament, the Central Election Commission will not be able to conduct elections of the president of Ukraine.

Read original article at 112.ua

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