“I will never recognize the legitimacy of Yanukovich’s victory with such elections,” the Ukrainska Pravda quoted Tymoshenko as telling a meeting of her party on Monday evening.
Tymoshenko had instructed her lawyers to prepare for court challenge of the results, the daily’s Web site reported. A legal challenge to the narrow margin of victory -- 2.9 percentage points with 98.8 percent of the votes counted -- could deny Ukraine a swift return to stability and rattle financial markets.
The country of 46 million people has been battered by economic crisis and badly needs to restart talks with the International Monetary Fund on a $16.4 billion bail-out package derailed by broken promises of fiscal restraint. Tymoshenko’s parliamentary faction said there had been widespread fraud by Yanukovich’s Regions Party camp and it would take legal action to defend the right to fair elections.
‘Cynical violation’
”Voting day displayed a cynical violation of Ukrainian law by the teams of Yanukovich, pressure on the electors and a broad arsenal of falsification by the Regions Party,” Tymoshenko bloc deputy Serhiy Sobolev told parliament. “Consequently, the Tymoshenko bloc announces that we will defend in the courts your right, our citizens, to honest and transparent elections,” he said.
Under Ukrainian law, instances of suspected fraud must first be proven by local courts. Only if there is a large quantity of proven violations can one side appeal to a higher court for a recount or even a re-run of an election.
Such organised action could -- at the very least -- delay official publication of the final election results and hold up any inauguration of a new president. This normally takes place within 30 days of publication of results. If Tymoshenko conceded defeat, Yanukovich could normally have expected to be sworn in as president in mid-March.
International monitors declared the election an “impressive display” of democracy and urged a peaceful transition of power. There were no serious irregularities, they said. Yanukovich campaign manager Borys Kolesnykov ruled out any re-run of the election following Sunday’s second round run-off.
“What third round? There are no reasons for it. What, the fact that she lost with disgrace? She will go on until an eighth round before they elect her,” he told Reuters. “There will be no third round. There will be courts -- please go to court -- but there is no legal basis (for action).”
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