Elections under the conditions of marital state: constitution, legislation, reality

Abstract

The issue of electoral legislation and its features during martial law are explored in the article. On the basis of a careful analysis of the constitutional norms, it was found that for most types of elections, the impossibility of holding them is established only in legislative acts. At the same time, it has been proven that the formal absence of a constitutional ban on launching the election process in the conditions of the ongoing large-scale invasion of the Russian Federation does not solve any real problem that currently makes democratic elections in Ukraine impossible.
 The classification of the reasons for the refusal of democratic states to hold elections during the war has been studied and proposed. In particular, such reasons as electoral (interference of an enemy state, lack of free campaigning, etc.), economic (expenses for conducting elections), security, political (moments of political instability may arise during the transfer of power from the old government to the newly elected one) etc. are highlighted.
 The concept of “rally around the flag” is described, the historical example of the defeat of the “father of victory” Winston Churchill in the post-war elections with an analysis of the reasons, and the results of a number of sociological studies are also considered. The latter demonstrate a high level of citizen support for the current President of Ukraine, in particular as the Supreme Commander. The authors concluded that there is a sufficient level of legitimacy of state authorities, which will most likely be confirmed by elections. The expediency of all risks and costs under such conditions is assessed as doubtful.
 The possibility of using electronic voting was considered. It was concluded that such proposals are premature in view of the non-acceptance by the people of Ukraine of such a way of expressing will and the technical capabilities of the state.
 At the same time, the authors point out the need to prepare a regulatory framework and develop new mechanisms, in particular, using digital technologies, both for post-war elections and for elections under martial law. The article also examines the concept of Military democracy, i.e. militarized or military democracy, i.e. a state with a democratic system operating in wartime conditions.