On May 20 Volodymyr Zelenskyy’s presidential term expired, which poses a very interesting legal and political case. Russia does not recognize Volodymyr Zelenskyy’s authority any more. Which is not a malicious act on her part. The argument is that any agreement, accord, whatever signed by someone who simultaneously is not the head of a country entails grave political problems. Any next president of Ukraine may either feel bound by the agreement that Ukraine entered into with Russia under the presidency of Volodymyr Zelenskyy or may renege on it as signed by someone who did not have the legal authority to act as the country’s leader. Why should the Kremlin even bother to consider any talks with Zelenskyy if such is the case?
As of now, the West recognizes Volodymyr Zelenskyy’s power despite the expiry of his presidential term of office. Yet, the same legal case might be used by the diplomats in Washington, London, or Paris in any later development of events in Ukraine. They, too, might one of these days make a statement that they do not feel bound to honour any international settlement signed by Volodymyr Zelenskyy if only such a political move suits their purposes.
As is known, it is the interaction of the real military and economic factors that are at the disposal of the international players that matters. Diplomacy is merely a reflection of those real factors. Hence, if the West feels coerced to enter into an unfavourable settlement with Russia over Ukraine, it may intentionally make Volodymyr Zelenskyy sign it with the hindsight that the settlement is going to be revoked the moment the balance of powers tilts in the West’s favour. The fact that the legality of Volodymyr Zelenskyy’s presidential authority is questionable might be viewed as a wild card in any future diplomatic dealings between the West and Russia if the latter agrees to honour Volodymyr Zelenskyy’s signature.
At present, Ukrainian jurisprudence might recognize the current Ukrainian leader as the country’s legitimate president. That may change overnight. Particular legal provisions can be construed to mean whatever pleases the powerful. We all know that.
