Sunday, 21 February 2010

Supreme Administrative Court accepts Tymoshenko's decision to withdraw her appeal against results of presidential elections

The Supreme Administrative Court has accepted Prime Minister Yulia Tymoshenko's decision to withdraw her appeal against the results of the Ukrainian presidential elections.

Presiding judge Oleksandr Nechytailo announced the court's decision to accept the withdrawal request.

"The legislation makes no provision for rejection of such a petition because it is definitely the right of the person that filed the lawsuit with the court. Based on the legal position of the plaintiff, the court is deprived of the opportunity to continue the consideration of the case and it is obliged to stop considering the lawsuit," Nechytailo said, reading the court's decision.

The court rejected Tymoshenko's claim that the rigging of the presidential elections was proven during the consideration of the appeal.

The court reversed its ruling that suspended the Central Electoral Commission's decision to establish the results of the second round of the presidential elections, pending consideration of Tymoshenko's appeal.

The court's decision is final and not subject to appeal.

As Ukrainian News earlier reported, Tymoshenko earlier told the court that she was withdrawing her appeal against the results of the presidential elections and left the court building.

Tymoshenko said that the court was biased and expressed the view that the court refused to allow live broadcast of its proceedings because it did not want Ukrainians to see how it refused to admit significant evidence of election rigging.

Earlier, the Supreme Administrative Court agreed to summon five members of the Central Electoral Commission as witnesses in the appeal case but rejected 13 witnesses.

The court also rejected Tymoshenko's petition to accept as evidence data from the state register of voters regarding duplication of the names of voters on the register and inclusion of the names of dead people on the register.

Tymoshenko filed the appeal with the Supreme Administrative Court on February 16 and asked the court to order a repeat of the second round of the presidential elections.

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