Is Volodymyr Zelensky Still Ukraine's Legitimate President? | Opinion

If not for the war raging, presidential elections would have been scheduled for March of this year in Ukraine.

They weren't.

Could incumbent President Volodymyr Zelensky have emerged as the winner after five years in power? Could he have won after demonstrating to the world his incapacity—or lack of desire—to combat the corruption that is corroding his country, at war as it was in peacetime?

There is no chance of a definitive answer as History does not know the word "if." However, I assume that Zelensky himself saw the possibility of failure, which could explain why elections in Ukraine were not scheduled on time, nor are they not expected to take place anytime soon.

In January, when all of Ukraine was impatient for news from Capitol Hill on a much-needed aid bill, Zelensky clarified that he was not delaying the elections, but rather was unable to conduct them due to martial law in Ukraine. Martial law is not scheduled to end until Aug. 11 at the earliest. In an interview on Jan 20 with Britain's Channel 4 News, he emphasized that holding elections during times of war is legally forbidden.

Zelensky's interview responses ignited a fervent discussion in both the mainstream media and social networks. Numerous political analysts and commentators highlighted the discrepancy between martial law and Ukraine's constitution. The consensus reached was that the Constitutional Court should have been the venue for resolving this dispute.

Instead, on Feb. 25, Zelensky said that the opposition's demands for early presidential elections were part of planned ideological sabotage by the Kremlin. Zelensky labeled elections as a "poor idea," but went further: "I consider this a traitorous stance in Ukraine."

The allegation of treason carries significant weight in times of war. Nevertheless, this did not deter those advocating for a presidential election. Zelensky's political opponents increasingly asserted that his presidency should conclude on May 20, and have raised doubts about his continued legitimacy in office.

Minister of Justice Denys Maliuska tried to prevent the political boat from rocking. He said now is not a suitable moment to seek clarification from the Constitutional Court in an interview with BBC News Ukrainian on May 10.

"Such an appeal would imply legitimate questions and doubts, warranting resolution by the Constitutional Court," he said. "Given the country's communication and security challenges, openly questioning the president's authority would be a grave error."

He admitted that "there may be considerable debate and criticism," but made it clear that the authorities have no intention of taking "debate and criticism" into consideration.

Although I do not endorse the idea of holding immediate elections, I believe that Zelensky's decision not to seek the intervention of the Constitutional Court poses a significant risk to both himself and the entire nation of Ukraine.

Questions surrounding the Ukrainian president's authority could expose him as a lame duck to global leaders who consider him to be the main obstacle to finding a compromise solution to the ongoing war in Europe. The concept of applying oil to calm the waves to smooth things out is becoming more attractive to a growing number of leaders around the globe.

The main sponsors of peace talks are Turkey and China, two allies of Moscow that stand firmly by Putin's side. This "peace" would allow Russia to maintain control over the territories it has captured so far in the war. This spring, Turkish President Recep Tayyip Erdogan and Chinese leader Xi Jinping have significantly increased their diplomatic endeavors to resolve the war in Ukraine.

These efforts have found approval in some corners of Europe, where Viktor Orban, Hungary's prime minister, supports the so-called Chinese peace plan. French President Emmanuel Macron has said he will try for an "Olympic ceasefire," during the 2024 Games that will be held in Paris from July 26 to Aug. 11. An international conference will also be held in Switzerland in June, aimed at achieving peace in Ukraine.

In the meantime, domestic pressure keeps Zelensky unable to negotiate with Putin. Any such talks could potentially provoke mass protests in Ukraine and lead to his overthrow. His intransigence may prove unacceptable to key players, and they may try to use the issue of Zelensky's political legitimacy to bring him down, hoping he will be replaced by a more tractable figure.

New Russian offensives are making Ukraine ever more dependent on Western military and financial aid, and that gives his benefactors considerable influence over the Ukrainian president. With his legitimacy affirmed by the Constitutional Court, he would be safeguarded from accusations of power usurpation and calls for immediate presidential elections.

Political stability is a matter of utmost significance for the country as its borders face relentless attacks by enemy troops, but so is political legitimacy. Without that, Zelensky, who has learned little about diplomacy and compromise during these years of war, may never get the chance to do better for his country.

Sergey Maidukov is a Ukrainian writer, author of Life on the Run and Deadly Bonds. Follow @sergeymaidukov on Instagram.

The views expressed in this article are the writer's own.

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