Ukraine court ruling: Excerpts

Excerpts of Ukraine's Supreme Court ruling that ordered a repeat of the presidential run-off, backing opposition claims of fraud.

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The judges had been pondering the case all week

Taking into consideration the impossibility of being able to establish, in a reliable manner, the will of voters in the single nationwide seat by drawing up the results of the election run-off, and taking into account that the election run-off held on 21 November 2004 did not change the status of the candidates who, in accordance with the results of the election on 31 October obtained the most votes, the court regards it necessary to renew the rights of the subjects of the electoral process by holding a run-off in line with the rights accorded by Article 85 of the law of Ukraine on the presidential election.

On the basis of Articles 8, 71, 103 and 124 of the Constitution of Ukraine and Article 13 of the Convention on Human Rights and Basic Liberties, Article 89 of the law of Ukraine on the presidential election, Articles 11, 243-10, 243-20 of the Civil Procedure Code of Ukraine, the chamber of the Supreme Court in civil cases has ruled:

• To partly uphold the claim submitted by Mykola Dmytrovych Katerynchuk, the election agent of presidential candidate Viktor Andriyovych Yushchenko, in the single nationwide seat in the Ukrainian presidential election, on the basis of rulings of negligence on the part of the Central Electoral Commission;

• To recognise the actions of the Central Electoral Commission, on establishing the results of the run-off in the presidential election and preparation of the vote-count report on the results of the run-off in the presidential election of 21 November 2004, to be illegal;

• To annul resolution No. 1264 of the Central Electoral Commission of 24 November 2004 on the result of the Ukrainian presidential election, which took place on 21 November, and to annul the presidential election;

• To annul the resolution of the Central Electoral Commission of 24 November 2004 No 1264 on making public the result of the Ukrainian presidential election;

• To oblige the Central Electoral Commission to announce a run-off of the Ukrainian presidential election within the period established by Part 1 of Article 85 of the law of Ukraine on the presidential election;

• To oblige the Central Electoral Commission to begin a run-off of the Ukrainian presidential election within the period established by Part 1 of Article 85 of the law of Ukraine on the presidential election commencing from 5 December 2004;

• To hold a run-off of the Ukrainian presidential election in the manner established by the Article 85 of the law of Ukraine on the presidential election;

• To refuse to satisfy the remaining demands submitted by the plaintiff.

This ruling is final and is not subject to appeal.