Friday, December 03, 2004

The decision of the Uke Supremes pretty far-reaching 

Courtesy of the Action Ukraine list, here is a synopsis of the Supreme Court's ruling today:

  1. CEC resolution certifying the election results dated Nov. 24, 2004 (and a Yanukovych victory) IS OVERTURNED
  2. FOUND that the CEC could not determine the results of the voting held on Nov. 21 as it had not reviewed 64 complaints filed before it before Nov. 24 by the complainant Yushchenko
  3. FOUND that the CEC had violated numerous (about two dozen as I recall) provisions of the Presidential Election Law and the Constitution of Ukraine by not waiting for (approximately 1300) complaints filed at various courts around the country, prior to its Nov. 24 meeting (essentially they found the CEC rushed and therefore denied the complainant its right of appeal of these violations)
  4. ORDERED the CEC to appoint a "repeat second round" of voting with the 2 candidates who emerged after round 1 held on Oct. 31, 2004
  5. ORDERED the CEC to appoint this repeat second round... in effect.. . in 3 weeks (that will make it Sunday, December 26, 2004)
  6. ORDERED (by a separate court order) the President, Parliament and Prosecutor General to undertake certain action flowing from this decision (will update, but clearly there are orders that may or will lead to the opening of criminal cases, and other actions).
  7. DENIED the complainant Yushchenko his prayer that the president of Ukraine be determined to be the candidate who obtained the greatest number of votes in round 1 on Oct. 31, 2004 (i.e. that Yushchenko be declared President on the basis of the Round 1 vote).
It's pretty breathtaking in scope, particularly point 6 which has with it the possibility that there will be charges filed against members of the government, including possibly Kuchma (who loses immunity when he steps down from office.)