Court suspends CEC protocol on official election results

The High Administrative Court of Ukraine has opened proceedings and is considering Yulia Tymoshenko’s case against the Central Election Commission.

According to the court order from February 17, 2010, the appeal was submitted within the statutory period and meets the requirements of article 106 of the Ukrainian Code of Administrative Court Procedure.

The court also established that there are no grounds to return the claim or refuse to open proceedings into the administrative case.

The order also states that the case will be considered by the full panel of judges of the High Administrative Court, except those judges absent for legitimate reasons.

The defendant (Central Election Commission) before the court hearing may submit written objections to the claim and any evidence that it has.

The Central Election Commission and all persons involved in the case will be provided with a copy of the complaint and supporting documents.

Due to its decision to open the proceedings on Tymoshenko's complain, the High Administrative Court of Ukraine has suspended the Central Election Commission’s decision establishing the results of the presidential election and recognizing Viktor Yanukovych as President of Ukraine until the administrative case is considered. In doing so, the court partially satisfied Yulia Tymoshenko’s petition to the court.

The corresponding court order states that as a result of a failure by the defendant to take measures to suspend the decision there may be complications in executing the court rulings.

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