Why Russia’s claims about Ukraine’s president and referenda have no legal basis

In fact, the dictator’s usual verbal nonsense followed: “To hold a referendum, martial law must be lifted, but as soon as that happens, elections must be held — this process will go on endlessly…”

 But let’s consider everything in order.

First, let’s look at the Medvedchuk-Putin special operation regarding the transfer of the Ukrainian president’s powers to the Speaker of the Verkhovna Rada.

This idea was introduced into Kyiv's political life from Moscow at the beginning of 2024 and boiled down to a simple thesis. Since the constitutional term of the president is five years, in May 2024 Zelenskyy must relinquish, or more precisely, transfer his powers to the speaker of parliament. This Medvedchuk-inspired idea became so popular that even quite sane Ukrainian politicians began to voice it not only behind the scenes, but also on television. For example, in February 2024, former Verkhovna Rada Chairman Razumkov argued that Zelenskyy would cease to be president in May. Over time, this Kremlin disinformation campaign faded away.

The second wave of promoting the idea of “illegitimate Zelenskyy” began at the end of 2024, after Trump was elected U.S. president. At that time, all representatives of the former Party of Regions and the Opposition Platform — For Life party in Ukraine informally or on social media said that Trump actively supported Medvedchuk and Putin's idea of an “illegitimate president of Ukraine.” Moreover, the names of new speakers of parliament who would perform the duties of president were even mentioned, and it was not Stefanchuk. This story also came to nothing after European politicians rejected the idea of an “illegitimate president.”

However, since Putin and his fifth column have revived their idea for the third time that the Ukrainian constitution clearly states that after five years, the president automatically transfers power to the speaker of parliament, let us recall Article 108 of the Basic Law of Ukraine: 

"The President of Ukraine exercises their powers until the newly elected President of Ukraine assumes office."

The condition for transferring the powers of the President of Ukraine to the Speaker of the Verkhovna Rada of Ukraine is the early termination of the President’s powers (see Article 112).

Instead, all four conditions for the early termination of the President’s powers are explicitly defined in the same Article 108 of the Constitution:

• resignation;
• inability to exercise powers due to health reasons;
• removal from office through impeachment;
• death.

So it’s clear even to first-year students that the Constitution of Ukraine does not provide for the automatic replacement of the President by the Chairperson of the Verkhovna Rada after the completion of a five-year term.

Now, regarding a referendum on the territory of Ukraine.

Let me start with the main point: issues concerning changes to Ukraine's territory can only be decided by a nationwide referendum (see Article 73 of the Constitution of Ukraine). That is why the illegal referendum in Crimea and the fake pseudo-referendums in the Kherson and Zaporizhzhia regions have no legal force whatsoever.

The Law of Ukraine On the All-Ukrainian Referendum defines the procedure for its conduct. Article 18 of the Law states that “An all-Ukrainian referendum on changing the territory of Ukraine is a form by which Ukrainian citizens with the right to vote make a decision to approve a law adopted by the Verkhovna Rada of Ukraine on the ratification of an international treaty regarding changes to the territory of Ukraine.

The scheduling of an all-Ukrainian referendum on changing the territory of Ukraine is carried out by a resolution of the Verkhovna Rada of Ukraine.”

The procedure for its appointment is described in Article 27 of the Law:

• adoption of an international treaty on changing the territory by the Verkhovna Rada; 
• signing or vetoing this international treaty by the president; 
• if the treaty is signed by the president, the Verkhovna Rada must immediately adopt a resolution on the appointment of an all-Ukrainian referendum on the issue of changing the territory of Ukraine; 
• the date of the referendum is set for the last Sunday of a 60-day period from the date of publication of the Verkhovna Rada resolution.

So, to put it simply, the constitutional and legal sequence for holding a possible referendum on territorial changes is as follows:

• signing a peace agreement on territorial changes; 
• adoption by the Verkhovna Rada of Ukraine; 
• approval by the president; 
• approval by an all-Ukrainian referendum.

As we can see, holding a referendum is only the final stage of a clearly defined, long, and complex legal procedure.

Summing up Putin’s latest nonsense about a “referendum and an illegitimate president,” it can be said that the world’s top international terrorist and killer is once again trying to “shift the blame onto others.”

Instead of halting military actions and starting negotiations himself, the war criminal comes up with more excuses and absurd demands for Ukraine.

Source 

About the author. Mykola Tomenko, Ukrainian politician and public figure 

The editorial team does not always share the opinions expressed by the blog or column authors.