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February 13, 2024The impending conclusion of the Ukrainian President’s term on May 20-21, 2024, has sparked legal debates and constitutional scrutiny in Ukraine. According to constitutional provisions, the president’s tenure lasts for five years, commencing upon the oath-taking ceremony. However, there’s contention over whether the president can continue exercising powers beyond the stipulated term limit.
Citing Article 108 of the Constitution and a precedent set by a Constitutional Court decision in 2003, it’s argued that the president’s authority persists until the newly elected president assumes office. Nevertheless, the current state of martial law complicates matters, as holding presidential elections during this period is prohibited. Furthermore, Article 83 of the Constitution stipulates that the Verkhovna Rada, Ukraine’s parliament, retains its powers until the first session of the newly elected body following the lifting of martial law. This creates a situation where the parliament remains legitimate while the presidency may face a legitimacy crisis post-May 20.
The debate intensifies given the potential extension of martial law, which could lead to further political uncertainties and challenges to democratic norms. Observers caution against any actions that could be construed as an overreach of presidential authority, emphasizing the importance of upholding legal frameworks and democratic principles. The issue underscores the delicate balance between executive power and constitutional legitimacy in Ukraine’s political landscape.