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6/17/2020 Щодо справи за скаргою на рішення, дії... | від 03.12.2004 (Текст для друку) А.В.Гнатенко Л.І.Григор'єва В.І.Гуменюк А.О.Дідківський І.П.Домбровський В.В.Кривенко Н.П.Лященко В.Л.Маринченко П.В.Панталієнко М.В.Патрюк О.І.Потильчак Ю.В.Прокопчук М.П.Пшонка І.Л.Самсін Ю.Л.Сенін О.О.Терлецький В.М.Шабунін https://zakon.rada.gov.ua/laws/show/n0090700-04/print 4/5

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Yushchenko vs CEC

Judgment

Alleged Acts: One of two leading candidates, Viktor Yushchenko, challenged the CEC resolution establishing the final election results, as there were multiple cases of election fraud documented by independent observers. Before announcing the results, the CEC failed to consider a large number of official complaints filed by the Yushchenko campaign. Four CEC members refused to sign the official protocol of results. In a significant ruling, the Supreme Court forbade the CEC to proceed further with the publication of the results, thereby blocking the procedure of the inauguration of the new president.

Summary: In its ruling of December 3, the Court found, among other things, that CEC members had not been given an adequate opportunity to scrutinize documents submitted by TECs prior to the CEC’s determination of the final results. The Supreme Court concluded that the CEC acted unlawfully in determining the final election results and established that several significant violations of the law and the Constitution had taken place before, during, and after the November 21. The Court ruled that it was impossible to establish the will of voters and the election results. Therefore, it was necessary to restore the rights of the election participants by holding a repeat second-round vote.

Conclusion: The Court ordered the CEC to call for a repeat vote, to be held on December 26. On December 4, the CEC complied with the Supreme Court’s ruling.

Legal Issue(s)

Disputing Results
Electoral Integrity

Applicable Law(s): Constitution- Articles 38, 71, 103 Art. 11.2 of the Law of Ukraine “On Presidential Elections.”

Region: Europe and Eurasia

Country: Ukraine

Language of Decision

Ukrainian

Court: Supreme Court

Election Type: Presidential

Date of decision: Dec 3, 2004

Geolocation

Latitude: 50.48492695

Longitude: 30.46527606

: Geolocation

Primary Documents

Yushcheno vs CEC.pdf
Ukrainian
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Election Judgments - IFES

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Yushchenko vs CEC

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