DIGITAL DEMOCRACY UNDER MARTIAL LAW AND DURING UKRAINE’S POST–WAR RECONSTRUCTION: CONSTITUTIONAL AND LEGAL FOUNDATIONS OF ELECTRONIC VOTING AND PETITIONS

Abstract

This article provides a systematic constitutional and legal analysis of the transformation of digital democracy institutions in Ukraine under the legal regime of martial law and outlines promising directions for their adaptation in the process of strategic planning for the postwar reconstruction of the state. The study covers the legal, organizational, and security aspects of such important instruments of digital democracy as electronic voting (e–voting) and electronic petitions (e–petitions). It examines the practical transformations of digital communication channels between public authorities and civil society through the functionality of the Unified State Web Portal of Electronic Services. It is argued that, under conditions of legislative restrictions on mass gatherings and rallies, the institution of electronic petitions has assumed the role of the leading legitimate channel for expressing public demands and serving as a form of «digital protest». Using a combination of comparative legal, formal–dogmatic, and systemic–structural methods, this article examines the constitutional and legal risks and limitations of the potential use of e–voting technologies for conducting nationwide elections or referendums during wartime and in the postwar period. It is demonstrated that the introduction of electronic voting under current conditions poses a threat of violating the mandatory electoral principles enshrined in Article 71 of the Constitution of Ukraine (universal, equal, and direct suffrage by secret ballot), due to the existence of the «digital divide», the lack of access for citizens in temporarily occupied territories, the difficulties in verifying voters abroad, and the high risks of external cyber interference. Emphasis is placed on the need for a clear legal distinction between electronic consultative surveys (e–surveys) and the legally regulated electoral process. A conceptual model was proposed for the use of digital tools during the post–war reintegration phase exclusively as auxiliary mechanisms for election administration, while retaining traditional paper–based voting as the primary guarantor of public and international legitimacy for the newly elected government.