Study: “Analysis of the Legitimacy of the Powers of the President of Ukraine Based on the Constitution of Ukraine”
HUMAN RIGHTS & ANALYTICAL HOUSE, INC. – March 1, 2025, United States,
Florida.

Presidential Term Limits According to the Constitution of Ukraine
According to Article 103 of the Constitution of Ukraine, the President of Ukraine is elected for a term of five years. This five-year presidential term is counted from the moment the newly elected President assumes office (after taking the oath) and continues until the corresponding moment five years later. The Constitution also establishes a restriction on re-election: the same person cannot hold the office of President for more than two consecutive terms. Thus, the normal duration of a single presidential term is five years, and no more than two such consecutive terms are allowed.

For the regular rotation of power, the Constitution prescribes a clear schedule for presidential elections. The text of the same Article 103 states that regular presidential elections in Ukraine are held on the last Sunday of March in the fifth year of the incumbent President’s term. This means that five years after the previous elections, a new election campaign must take place in the spring of the final (fifth) year of the term. The winner of these elections (the newly elected President) assumes the office of President no later than 30 days after the official announcement of the results, from the moment of taking the oath at the solemn session of the Verkhovna Rada. Thus, the constitutional mechanism implies that the new President should take office approximately at the end of the fifth year of the previous head of state’s term.

It is important to emphasize that the beginning of the new President’s tenure automatically marks the end of the previous President’s powers. Although the Constitution does not directly specify a calendar date for the expiration of the incumbent President’s term, it establishes that the term is limited to five years and ends with the fact of power transfer to the newly elected President.

Article 108 of the Constitution of Ukraine provides for the continuity of power within the framework of the electoral process, stating that the President of Ukraine exercises his powers until the assumption of office by the newly elected President. However, this article explicitly regulates only the electoral process, when a new President has already been elected but has not yet taken office. Additionally, Article 108 of the Constitution of Ukraine regulates the early termination of the President’s powers in cases of resignation, inability to perform duties due to health reasons, removal from office through impeachment, or death. The Constitution of Ukraine does not regulate the termination or extension of presidential powers in the event of their regular expiration; however, the Constitution does provide for such an extension of powers in the case of martial law for the Parliament of Ukraine.

Conditions for Termination or Extension of Presidential Powers
Termination of Powers Upon Expiration of Term as a general rule, the President’s powers end when a newly elected President has already been elected and takes office. The Constitution of Ukraine states: The President of Ukraine exercises his powers until the assumption of office by the newly elected President of Ukraine. This provision of the Constitution carries the possibility of dual interpretation: as applicable only to the situation of the electoral process, when a newly elected President already exists, or as applicable in general, without reference to the electoral process, when there is no newly elected President for any reason.

Linguistic Analysis
The word "newly elected" is an adjective consisting of two parts:
"Newly"- indicates novelty, something that has recently happened.
"Elected" - means someone who has been chosen (in elections, by voting, or by a group decision).
"Newly elected" means someone who was recently elected but has not yet taken office (otherwise, the word "incumbent" or "sworn-in" would be used).

Context in the Constitution of Ukraine
When the Constitution of Ukraine states: The President of Ukraine exercises his powers until the assumption of office by the newly elected President of Ukraine, this means that:
- Elections have already taken place.
- There is a winner of the elections, but they have not yet taken office.
If elections have not been held, then there is no "newly elected" President, and this provision of the Constitution cannot apply.

An important addition to the linguistic analysis is that the Constitution of Ukraine explicitly provides for the extension of the Parliament’s powers during martial law but does not provide for a similar mechanism for the President. Article 83 of the Constitution of Ukraine states that in the event that the term of office of the Verkhovna Rada of Ukraine expires during martial law or a state of emergency, its powers are extended until the first session of the Verkhovna Rada of Ukraine elected after the cancellation of martial law or the state of emergency. Thus, it follows that this constitutional provision is also necessary in relation to the President.

Conclusion of Linguistic Analysis
Since presidential elections in Ukraine have not been held, there is no "newly elected" President, and for this reason, this constitutional provision cannot apply. Compliance of the current situation with the Constitution now let us examine how the listed constitutional norms relate to the current situation regarding the powers of Volodymyr Zelensky. Volodymyr Zelensky took office as President of Ukraine on May 20, 2019. According to the Constitution, his five-year term ended in May 2024, and regular elections were supposed to be held on the last Sunday of March 2024. On May 20, 2024, five years had passed since Zelensky’s inauguration. At that time, Ukraine was under martial law, introduced in 2022, which made holding elections in March 2024 impossible (the holding of nationwide elections during martial law is de facto prohibited and postponed until its cancellation, as follows from the constitutional provisions on the continued operation of Parliament during wartime and the logic of electoral legislation). Thus, the constitutionally established election schedule could not be followed: in March 2024, voting did not take place, and by May 20, 2024, a new President had not been elected.

Conclusion of the Study
Volodymyr Zelensky's presidential term expired on May 20, 2024. There is no newly elected President of Ukraine, and the provisions of Article 108 of the Constitution of Ukraine do not apply. Volodymyr Zelensky’s continuation in office as President of Ukraine after May 20, 2024, is unlawful.

Recommendations
The President of the United States, the U.S. Department of State, and the U.S. National Security Council have grounds to revoke recognition of the legitimacy of Volodymyr Zelensky’s presidential powers while continuing international cooperation with the Parliament of Ukraine, whose legitimacy is beyond question.
If an interstate agreement between the United States and Ukraine is signed with Volodymyr Zelensky, judicial authorities in the future may declare such an agreement legally null and void, posing a risk to U.S. national interests. To avoid unjustified risk, a U.S.-Ukraine interstate agreement should be signed by an authorized representative of the Parliament of Ukraine – the Verkhovna Rada.

Report prepared by:
HUMAN RIGHTS & ANALYTICAL HOUSE, INC.
United States,
Florida. March 1, 2025