🗳️ Is Ukraine’s Electoral Law Unconstitutional?

22 April, 12:26
How closed party lists and political monopolies have stripped citizens of real choice — and undermined the Constitution

🔍 The Constitution Promises Power to the People. The Law Hands It to the Parties.

“The people are the bearers of sovereignty and the only source of power in Ukraine.”
— 
Article 5, Constitution of Ukraine

This isn’t just a symbolic phrase. It’s supposed to be the foundation of Ukrainian democracy. But in practice, the mechanism of people’s power has been hijacked. Citizens don’t choose representatives anymore — they vote for party brands with pre-approved lists of loyal insiders.

🎭 A Choice Without Choosing: The Illusion of Democracy

Ukraine’s current electoral system mandates closed party lists for parliamentary elections. Here’s what that really means:

  • Citizens vote for a party, not for a person.
  • Party leadership, not voters, determines who enters Parliament.
  • Political seats are handed out behind closed doors — not earned through public trust.

This system violates the spirit of Article 69 of the Constitution, which enshrines direct elections as a tool of people’s will. What we have instead is a theater of simulation, where outcomes are predetermined by oligarchic agreements.

⚖️ No Party? No Mandate.

“Citizens have the right to freely elect and be elected.”
— 
Article 38, Constitution of Ukraine

Legally, the right to run for office still exists. But try using it without party sponsorship — it’s impossible. Independent candidates are banned from parliamentary elections. Even in local councils, party lists dominate and exclude grassroots representatives.

In reality, only those with the right connections — or the right price tag — get on the list.

🏛️ Party Control Has Crushed Local Democracy

“Local self-government is the right of a territorial community to independently resolve local issues.”
— 
Article 140, Constitution of Ukraine

Party bosses in Kyiv decide who represents even the smallest villages. Local communities have little to no say in their own political destiny. And yet, this form of central control is disguised as democratic representation.

What we see here is the erosion of subsidiarity, and the death of bottom-up democracy.

⚠️ Conclusion: What We Call “Elections” Is a Ritual of Power, Not Its Delegation

Ukraine’s current electoral law not only betrays constitutional ideals, but also undermines:

  • the right to be elected (Article 38),
  • people’s direct expression of will (Article 69),
  • genuine representation (Article 5),
  • and local self-governance (Articles 140–143).

Today, parties have become private monopolies over state power, and elections — an instrument to rotate loyal business projects, not to reflect public will.

💡 What Needs to Change?

  • Reinstate the right to run as an independent candidate at all levels.
  • Implement open lists that allow voters to choose individual candidates.
  • Enforce party transparency and accountability in forming lists.
  • Empower citizens to recall MPs who lose public trust.

A citizen’s right is not just to vote, but to know who they vote for.
Otherwise, democracy becomes a brand — and the people, mere spectators in the theater of the absurd.