Preparations are underway in Ukraine for potential post-war elections. The Verkhovna Rada of Ukraine has established a special working group, led by First Deputy Speaker Oleksandr Kornienko, to develop legislative proposals regarding the organization of the electoral process during a state of emergency or post-war period. It consists of 62 members, including representatives of the Verkhovna Rada, the Cabinet of Ministers, and civil society. At the end of last year, the working group held its first online meeting to prepare legislative proposals. The work is divided into seven subgroups analyzing key issues: election security, election administration, military participation, voting opportunities for internally displaced persons and residents of the temporarily occupied territories, voting rights of citizens abroad, information security, and compliance with international standards.
In brief:
- Post-war elections require serious preparation, not a quick launch. Although the idea of holding them 60–90 days after peace is politically appealing, experts insist on at least six months of preparation.
- The biggest challenge is ensuring voting for all Ukrainians. This includes military personnel, internally displaced persons, and over 5 million refugees abroad—separate mechanisms for their participation are being sought.
- Electronic or mail-in voting is not yet being considered a realistic option. Due to security and legitimacy risks, there won’t be enough time to test them before the first post-war elections.
- Ukrainians abroad will have to actively register to participate in the elections. A mechanism via electronic services (in particular “Diia”) is planned, rather than linking it to consular registration.
- The main task is to conduct the elections fairly and securely, even if not everywhere. Voting may be temporarily suspended in dangerous or de-occupied territories—the priority is the free expression of will without pressure or manipulation.
Earlier, Ukrainian President Volodymyr Zelenskyy stated that if the ratification of a peace agreement between Ukraine, the U.S., Russia, and Europe—should it be signed—requires a nationwide referendum, presidential elections in Ukraine could take place alongside it. This could happen as early as 60 or 90 days after the agreement is signed. The President noted that paragraph 18 of the draft document on ending the war provides for holding elections in Ukraine as soon as possible after the signing of the peace agreement.
At the same time, the Central Election Commission and experts speak of the need for a longer period—at least six months—to prepare for elections following the end of martial law; this same timeframe is enshrined in the memorandum signed by representatives of all parliamentary factions, which was concluded following the Jean Monnet Dialogues.
What might the first post-war elections in Ukraine look like? How can the right to vote be ensured for millions of Ukrainians, including military personnel, internally displaced persons, and refugees abroad? What challenges does the state face regarding security and trust in the electoral process? We discuss all of this with Olha Kotsyuruba, Senior Legal Advisor at the Civil Network OPORA and a member of the working group preparing legislative proposals regarding elections during a special or post-war period.
Ms. Olha, a working group has been established in the Verkhovna Rada to draft legislation on elections during or after the war. Ukrainian President Volodymyr Zelenskyy has said that, in principle, elections could be held fairly quickly after a peace agreement is signed. But a legislative framework is needed for this, because there are many challenges, including the issue of enabling military personnel on the front lines, internally displaced persons, and refugees abroad to vote?
Our representatives from the OPORA Civil Network are present in all subgroups. I, for example, as a senior legal advisor, attend all of them to understand how the discussion is progressing. Currently, certain technical details that did not require such extensive political debate have already been agreed upon. They are presented in the main subgroup. Well, but, of course, there remain political issues on which there is no final agreement. And, generally speaking, the concept of voting for Ukrainians abroad—if it were to take place—looks something like this, based on what we’ve technically worked out: the possibility of setting up additional polling stations outside consular offices, and we’ve discussed issues such as increasing the number of voting days so that it’s not just Sunday, but perhaps Saturday or even Friday. Thus, even with the existing network of polling stations, it would still be possible for some people to vote on another weekday, or a combination of these two approaches. But there is no final position from parliamentarians yet.
And what about online voting or voting by mail? There is always a lot of discussion about this. Are such voting methods being discussed within the working group and its subgroups?
The issue of the elections’ legitimacy will arise. But all these points will be used to discredit the Ukrainian elections once they begin after martial law is lifted.
Regarding this, there is a more or less established decision—at least within the working group—that any such alternative, new, experimental voting methods that have not been used before must undergo both a preliminary audit and a pilot test. All of this is absolutely impossible under the conditions of post-war elections, when there will already be issues due to the many problems. The issue of the elections’ legitimacy will arise. But all these points will be used to discredit the Ukrainian elections once they begin after martial law is lifted. Therefore, we must discuss all this in great detail and, of course, avoid taking such radically drastic measures as electronic voting.
Speaking of Ukrainian war refugees. According to estimates by the Center for Economic Strategy, as of January 2026, 5.6 million Ukrainian refugees remain abroad. But we do not know the exact number. How can we determine how many Ukrainian war refugees abroad could potentially participate in the voting?
…a specific person, a specific voter, must be included on the voter list at a specific polling station. And this cannot be achieved in any way other than the voter declaring themselves.
When we talk about elections, it’s not about numbers; it’s about the fact that a specific person, a specific voter, must be included on the voter list at a specific polling station. And this cannot be achieved any other way than by the voter declaring themselves. In other words, this is what’s known as “active registration.” This is a common European practice; in many countries, such active registration exists not only under extraordinary circumstances but also under normal conditions.
Is it necessary to register with the consulate in order to vote?
Currently, if a person is registered with the consulate, there is an exchange of data with the State Voter Registry. And they can see the people who are registered with the consulate. But their number is 400,000 compared to millions of refugees… We also understand what the reasons for this might be. But during martial law, the number of people registered with the consulate did not increase; on the contrary, it decreased. Therefore, of course, voting should be decoupled from this. That is, anyone who wants to register with the consulate can, of course, do so. And the Ukrainian government recommends it. But the right to vote cannot be tied to consular registration, which is not viewed very favorably. Therefore, a voter should either log into their online account—which is used to change their voting address or polling place— Alternatively, it is also being discussed that such a mechanism could be launched within the state mobile app “Diia.” And this, in general, could be easily implemented. We expect this to be the primary method if lawmakers support this approach. After all, we are currently discussing proposals, not a law that has already been voted on or signed. That is, in this case, we anticipate that most people will likely use this tool—the “Diia” app.
What mechanisms are being considered for voting by military personnel and defenders of Ukraine in future potential elections?
We understand that there will not be a simultaneous demobilization, even after martial law is lifted. And, of course, there will be a need to vote in those territories, under those conditions, where there will be no regular polling stations. Because these will be territories where there are no civilians and there will be no civilians. Of course, these would have to be exceptional cases. Because any creation of special polling stations—especially closed-type ones—where participation in election commission membership is restricted. Because commission members will also largely be drawn from the military, as this is a territory requiring special clearance. And certain restrictions on observation are possible. That is why it is being discussed that, in order to observe at such polling stations, a procedure similar to the current accreditation of media representatives would have to be applied. When they submit their documents, and the services conduct a verification. And for the admission of observers. But none of this is final yet, as discussions are ongoing in this broad working group. We have achieved that the final—though currently interim—version specifies that the Ministry of Defense will submit a proposal for the establishment of special polling stations. But this proposal must be justified. And the proposal must include an explanation of why these military personnel cannot vote at regular polling stations due to circumstances directly related to their service. We must minimize abuse as much as possible through legislation.
If we consider that about 20% of Ukraine’s territory is currently under temporary occupation, but a peace agreement is expected in the future and these territories will be returned to Ukraine, how long will it take to determine the number of voters and ensure they can also vote?
The same principle will apply here as is stipulated for those territories currently near the front lines. Elections will indeed be held in Ukraine, but certain areas—specifically polling stations—will be designated where, unfortunately, these first post-war elections cannot be held. This could be due to a specific security situation, a lack of control, an absence of residents, or a lack of shelters. There is a whole list of criteria that will be explicitly outlined in the legislation. In fact, if part of the territory is de-occupied, it would have to undergo the same assessment to determine whether it is possible or impossible to hold elections there. Certainly, such a prolonged occupation and the complete lack of access to Ukrainian media could also be one of those criteria. Another issue is that we do not know what the overall situation will look like. Will there be a demarcation line? Will checkpoints be operational? Because we recall that in previous elections, when we had temporarily occupied territories in the Donetsk and Luhansk regions, there were still checkpoints through which civilians could pass; in fact, they could change their voter registration address or their polling place.
Do all these criteria and electoral innovations related to the post-war situation we are forecasting conflict with the Constitution of Ukraine?
In fact, any provisions that conflict with the Constitution of Ukraine should not be included in this law. But, of course, there are certain issues under discussion.
For example, the fact that voting isn’t possible throughout the entire territory of Ukraine?
Well, actually, there won’t be any issues, because we already had the experience of the 2019 elections—both presidential and parliamentary—under the conditions of the occupation of Crimea and parts of the Donetsk and Luhansk regions. It was recognized, and there were no questions regarding constitutionality. It was also acknowledged by the OSCE election observation mission that such a practice does not violate international standards. But there are other issues. For example, the number of voting days. Because one of the provisions of the Constitution of Ukraine states that elections take place on the last Sunday of October. And how do we interpret the word “Sunday”? Do we interpret it to mean that voting can only take place on Sunday, or, for example, can it be interpreted as the last day of voting? So, the elections end, and this last day falls on a Sunday. And here, indeed, only the Constitutional Court can provide this interpretation, and we constantly emphasize that it is very important for there to be a truly effective Constitutional Court, and for all such questions of constitutionality to be resolved.
What is the main principle that must be upheld during preparations for elections in the post-war period?
…if there are circumstances, so to speak, “at gunpoint,” these are not free elections. And therefore, of course, we cannot even consider or discuss holding elections in temporarily occupied territories, because these elections will not be free.
I cannot single out one principle. All principles of electoral law are enshrined both in the Constitution and in the Venice Commission’s Code of Good Practice. Elections must be free and fair. If there is no possibility to freely express the voter’s will, for example, due to the influence of administrative resources, voter bribery, or disinformation… If there is no possibility to vote freely because there is pressure, for example, from some command, or if it is a closed-type polling station, or even if pressure is exerted on voters at a regular polling station. That is, if there are such circumstances, so to speak, “at gunpoint”, these are not free elections. And therefore, of course, we cannot even consider or discuss holding elections in the temporarily occupied territories, because these elections will not be free. Fair elections mean that there was no fraud during the casting and counting of votes. And of course, free and fair elections are the fundamental principles, and they are defined in the Copenhagen Criteria as a pan-European value and a criterion for accession. And the main thing here is to adhere to them.
Author: Svitlana Myalik
