FALSE: Statement to the Council of Europe confirms that Zelenskyi is establishing a dictatorship before May 21

Information is being spread online that before May 21, 2024, President Zelenskyi is allegedly transitioning from a de facto dictatorship to a de jure dictatorship. Propagandists draw this conclusion from Ukraine’s statement to the Council of Europe about partial derogation from the European Convention on Human Rights. Posts list the restrictions that are supposedly now being applied in Ukraine.

This is false. The restrictions mentioned in the statement are provided by Ukrainian law and were introduced due to martial law following Russia’s full-scale invasion. The new statement actually reduces the list of articles from which there is a derogation from the convention. 

On April 4, 2024, Ukraine indeed submitted a statement to the Council of Europe about partial derogation from the European Convention on Human Rights. The statement says that due to Russian military aggression, some human rights and freedoms guaranteed by the Constitution of Ukraine may be temporarily restricted during the period of martial law.

Ukraine’s statement provides a list of restrictions and measures that may be introduced in the country during martial law. Among the restrictions mentioned are derogations from the right to respect for private and family life, holding meetings, rallies, and strikes, the introduction of a curfew, or the inspection of belongings.

The statement refers to restrictions specified in the Law of Ukraine “On the Legal Regime of Martial Law”. During martial law, some constitutional rights and freedoms of individuals and citizens may be temporarily restricted. These restrictions for citizens and the extension of powers of government bodies and military administrations are necessary to repel armed aggression and ensure national security. For example, during martial law, freedom of movement, the holding of mass events, the inviolability of the home, etc., may be restricted. Accordingly, the measures and restrictions mentioned in the statement are provided by Ukrainian law and do not violate it, so it is inappropriate to talk about the introduction of a dictatorship.

Ukraine previously appealed to the Council of Europe with such a statement in 2015 because it could not guarantee the full observance of human rights in the area of the Anti-Terrorist Operation (ATO). Since then, the state has regularly updated the list of restrictions. In February 2022, Ukraine also submitted a corresponding document. The statement from April 4, 2024, is the twentieth since 2015 and updates the list of restrictions submitted after the introduction of martial law in 2022. This updated information reduces, rather than increases, the number of articles from which there is a derogation.

Moreover, propagandists inaccurately present information about the restrictions already in effect since 2022. For example, the post states that the right to entrepreneurship will now be restricted, which may give the impression that business activities and profits will be banned in Ukraine. In reality, this restriction is included in the statement because during the war, the state reserves the right to use the potential and labor resources of enterprises for defense needs and to make changes to their operation modes for this purpose.

The European Convention on Human Rights and Fundamental Freedoms allows member states to declare justified derogations from certain provisions in exceptional situations. Moreover, Ukraine is not the only country that has submitted such statements. For example, Armenia and Azerbaijan declared derogations during the Second Karabakh War in 2020. Albania, Estonia, Latvia, and North Macedonia introduced similar restrictions during the COVID-19 pandemic, and Turkey in March 2023 due to powerful earthquakes.

Russians claim that by introducing such restrictions, the Office of the President seeks to “legitimize” the status of the President and the Verkhovna Rada after the end of their terms. Indeed, May 20, 2024, marks exactly five years since Volodymyr Zelenskyi became President of Ukraine — his inauguration took place on May 20, 2019. Hence, propagandists push the narrative that from May 21, Zelenskyi will supposedly become illegitimate. However, holding elections during martial law is directly prohibited by Article 19 of the Law “On the Legal Regime of Martial Law”. According to Article 10 of the same law, the powers of the President of Ukraine and the Verkhovna Rada cannot be terminated during martial law. This provision is due to security considerations — the state apparatus must function continuously during the war.

Russian narratives aim to accuse Ukraine of what Russia itself is doing. Thus, propagandists claim that Ukraine restricts citizens’ rights and does not hold elections, making it undemocratic. However, according to the Democracy Index by The Economist, in 2023, Ukraine ranked 91st in the world in terms of democracy development, while Russia was 144th out of 167 countries studied. Indicators such as the electoral process and pluralism, government functioning, political participation, political culture, and civil liberties were considered. Ukraine was classified as a “hybrid regime”, with the remark that the state lost points due to martial law restrictions and the cancellation of elections in 2024. At the same time, the report recognized that it is impossible to guarantee a democratic and fair election procedure during a full-scale war. According to analysts, Russia has descended into dictatorship and suppressed all forms of opposition.

The fictitious presidential elections in Russia held in March 2024 were recognized as undemocratic by most countries in the world, including the United States, Canada, and EU states. Most Western countries boycotted Putin’s inauguration. The leaders of countries with totalitarian or authoritarian regimes, including North Korea, China, Uzbekistan, Tajikistan, Belarus, and leaders of some Latin American countries opposing the US — Venezuela, Cuba, Bolivia, Honduras, and Nicaragua — congratulated Putin on his “reelection” for a fifth term.

Russia benefits from promoting the narrative of the illegitimacy of the Ukrainian authorities. Earlier, we already debunked fakes from Russian propaganda that Zelenskyi would lose legitimacy after May 2024 and that he is deliberately extending martial law to avoid holding presidential elections.