Organisation and Holding of Elections in Post-War Ukraine. Prerequisites and Challenges : Needs Assessment Report
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Date
2022
Authors
Kliuchkovskiy, Yurii
Venher, Volodymyr
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Abstract
Ukraine has been facing armed aggression since February 2014. At the same time, the full-scale armed aggression that the Russian Federation launched against Ukraine on 24 February 2022 led to a number of new challenges and threats to the functioning of democratic institutions in Ukraine. In addition to the efforts of the aggressor state to occupy parts of the territory of Ukraine, it obviously intends to deny to the Ukrainian people the right to self-determination, self-identification and statehood. For this purpose, various tools of influence and manipulation have been used. Under these circumstances, the functioning of democratic institutions must adapt to the wartime challenges and realities. Certain rights and freedoms can and should be limited under martial law. The limits of acceptable restrictions have been defined by the Constitution of Ukraine. However, these restrictions must ensure the preservation of the democratic vector in the country's development. Ultimately, once the war is over, the central and local government authorities will have to fully restore their functions, as well as to ensure the possibility of holding elections. The need to call, organise and hold elections in the post-war period requires gradual and systematic preparation that should start now. A huge number of internally displaced persons, the occupation of large territories of Ukraine, the powerful propaganda and smear campaign against Ukraine and other severe challenges require both doctrinal and practical consideration. This study is a general attempt to present a systemic analysis of such issues and challenges aggravated by the war. The considerations presented here are based on a systemic study of international electoral law standards, Ukrainian domestic legislation and the current state of affairs in Ukraine. The problems and their tentative solutions identified by the authors would obviously require an extended and more detailed research. Nevertheless, this study points to the major threats to the democratic development of Ukraine through the lens of challenges as regards calling, organisation and holding elections in the post-war period.
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Keywords
martial law regime, conflict of legal provisions, demographic changes, State register of voters, disqualification of persons, human resources, report
Citation
Kliuchkovskiy Y. Organisation and Holding of Elections in Post-War Ukraine. Prerequisites and Challenges : Needs Assessment Report / Yurii Kliuchkovskiy, Volodymyr Venher. - [S. l.] : Council of Europe, 2022. - 35 p.