The fact that the current and draft regulations are motivated by security threats also raises the question whether this is a case of public emergency. To date, Ukraine has not declared a state of emergency – which would, according to Ukrainian law, only be possible for a very limited period of time and would exclude the holding of elections during that period. The Venice Commission has recognised that states have a wide margin of discretion to assess if there is a public emergency threatening the existence of the nation and if a state of emergency needs to be declared to combat it, and to decide on the nature and extent of the derogations from international human rights guarantees which are needed to overcome the emergency. However, states’ powers are not unlimited, and the European Court of Human Rights exercises some supervision over these powers. Moreover, the Venice Commission and ODIHR take the view that the protracted suspension or complete cancellation of elections in an area or the disenfranchisement of part of an electorate, even for reasons of security, would risk unduly infringing the right to vote and to be elected, in light of the Ukrainian Constitution and international standards, in particular in the absence of a declared state of emergency and formal derogation from international human rights guarantees concerning the right to free elections.