---
title: "Aivazovska: The Constitutional Court Risks Losing Quorum, and the CEC — Legitimacy, Already in October"
description: "The head of OPORA, Olena Aivazovska, warned that the Constitutional Court risks losing its quorum due to the expiration of judges' terms of office, and on October 3 the seven-year mandate of all 17 CEC members expires simultaneously."
date: 2026-09-17T08:56:01.000Z
lang: en
url: https://xab.info/en/posts/ksu-cec-quorum-aivazovska-2026-en
tags: [ukraine, constitutional-court, ciek, elections, martial-law, opora, aivazovska]
publisher: "XAB.info"
---

# Aivazovska: The Constitutional Court Risks Losing Quorum, and the CEC — Legitimacy, Already in October

![Aivazska in an interview on the risk of the Constitutional Court losing quorum and the CEC losing legitimacy in October](https://xab.info/media/2026/09/18/ksu-tsik-kvorum-ayvazovskaya-2026/ksu-tsik-kvorum-ayvazovskaya-2026-1.webp)

## 🎯 Key Points

- In November 2026 and spring 2027, the terms of office of Constitutional Court judges expire; without the selection of new judges, the quorum (12 members) will be lost
- On October 3, 2026, the seven-year term of all 17 CEC members ends simultaneously
- Under martial law, the loss of the Constitutional Court's capacity means a paralysis of constitutional oversight
- Pilot local elections in Zakarpattia during martial law are legally impossible and carry the risk of a political crisis

Olena Aivazovska, Chair of the Board of the civil network OPORA, warned in an interview with RBC-Ukraine for the project "Don't Interrupt!" with Volodymyr Kurenno that the key institutions of Ukraine's legal system — the Constitutional Court and the Central Election Commission — are on the verge of a systemic crisis of capacity. According to her, the Constitutional Court is currently functioning, however, in November 2026 the term of office of one of the judges expires, and in the spring of 2027 — that of another. "The term of office is not re-elected and not extended," the expert emphasized, adding that without an effective selection of new judges, the Court's composition would fall below 12 members, depriving it of the quorum needed to make decisions.

### The Constitutional Court's Quorum Is at Risk: Why This Is Critical Under Martial Law

Aivazovska drew attention to the fact that during the period of martial law, the role of the Constitutional Court takes on a decisive significance: it is the Court that holds the exclusive right to interpret the Constitution and serves as a key element of the system of checks and balances. Losing the quorum in such a situation means a de facto paralysis of constitutional oversight in a country where, according to the expert, legal guarantees for citizens and institutions are particularly important. The expert emphasized that the selection of new judges must be completed effectively and on time to avoid an institutional vacuum.

### CEC: 17 Commission Members Simultaneously Lose Their Seven-Year Mandate on October 3

A separate block of Aivazovska's warnings concerns the Central Election Commission. On October 3, 2026, the seven-year term of office of all 17 members of the CEC expires simultaneously — those who began their work simultaneously seven years ago. The head of OPORA explained that after this date, no one formally prohibits the commission members from continuing to work, since the provision prohibiting participation in sessions after the expiration of the term was previously removed from the legislation. Nevertheless, in the expert's opinion, optimal scenarios for renewing the composition or extending the mandates within the legal framework are necessary to preserve the legitimacy of the electoral process.

### Pilot Elections in Zakarpattia: Legal and Political Barriers

In the same interview, Aivazovska commented on the initiatives to hold pilot or separate local elections in Zakarpattia — a region she called the safest. In her assessment, during martial law such elections are legally impossible. Moreover, the expert warned that such an initiative, even if formally possible, could provoke a large-scale political crisis. Earlier, President Volodymyr Zelenskyy stated that millions of Ukrainians are currently abroad, and this factor will be one of the key ones in organizing the upcoming elections, while also emphasizing the problem of ensuring the ability to vote for residents of temporarily occupied territories.

### Contradictory Data

When comparing Aivazovska's current statements with earlier publications on the topic of the terms of office of Constitutional Court judges, a chronological inconsistency emerges. In January 2025, a number of Ukrainian media outlets (in particular, pravda.com.ua) reported that on January 27, 2025, the terms of office of three Constitutional Court judges expire at once, after which the court formally loses its quorum but continues to work. At the same time, in September 2026, Aivazovska speaks of the expiration of one judge's term in November 2026 and another's in the spring of 2027. The difference in the number of judges and dates may be explained by the fact that some of the mandates that expired in 2025 were already filled or extended within subsequent legislative decisions, or that the discussion concerns different groups of judges. The exact current number of serving Constitutional Court judges as of September 18, 2026, is not unambiguously confirmed in the provided sources, which requires additional verification.

## 🔍 Fact-Check Verification

- [The Constitutional Court May Lose Its Quorum, and the CEC's Term Expires in October, Says Aivazovska](https://www.rbc.ua/ukr/news/ksu-mozhe-vtratiti-kvorum-termin-povnovazhen-1789633192.html) - Первичный источник интервью; полностью соответствует основному тексту статьи по датам (ноябрь 2026, весна 2027, 3 октября 2026) и количественным данным (12 судей, 17 членов ЦИК).
- [The CEC and the Constitutional Court May Be on the Brink of Incapacity — Aivazovska](https://fakty.com.ua/ru/ukraine/20260917-tsvk-i-konstytutsijnyj-sud-mozhut-opynytysya-na-mezhi-nediyezdatnosti-ajvazovska/) - Публикация от 17.09.2026; дублирует ключевые тезисы интервью без расхождений в цифрах и датах.
- [Ukraine's Constitutional Court and the CEC May Lose Their Capacity](https://novosti.ua/politics/ksu-mozhet-poteryat-kvorum-tsik-nuzhna-zamena-osenyu) - Ещё одно подтверждение содержания интервью; совпадение по сути заявлений Айвазовской.
- [The Terms of Three Constitutional Court Judges End on January 27: The Court Will Lose Its Quorum but Continue to Work](https://www.pravda.com.ua/rus/news/2025/01/20/7494459/) - Публикация от 20.01.2025 описывает истечение мандатов трёх судей 27.01.2025. Хронология и количество не совпадают с заявлениями Айвазовской от сентября 2026 (один судья в ноябре 2026, один весной 2027). Вероятно, речь идёт о разных этапах; в статье отражено в блоке противоречий.

## ❓ FAQ

### Q: How many judges must the Constitutional Court have to make decisions?
**A:** For the quorum to be present and for decisions to be made in the Constitutional Court of Ukraine, at least 12 judges are required. According to Olena Aivazovska, without the selection of new judges after November 2026 and the spring of 2027, their number could fall below this threshold.

### Q: What will happen to the CEC on October 3, 2026?
**A:** On this day, the seven-year term of office of all 17 members of the Central Election Commission expires simultaneously. Formally, they are not prohibited from continuing to work, since the corresponding ban was previously removed from the legislation; however, preserving the legitimacy of the process requires the renewal or legal extension of the mandates.

### Q: Why are pilot elections in Zakarpattia impossible right now?
**A:** According to the head of OPORA, under the existing martial law, the holding of separate local elections is legally prohibited. Moreover, such an initiative could provoke a large-scale political crisis.

### Q: What is the role of the Constitutional Court during martial law?
**A:** Under martial law, the Constitutional Court is the only body authorized to interpret the Constitution and a key element of the system of checks and balances. Its dysfunction means a de facto paralysis of constitutional oversight.