Victor Romaniuk, the MP candidate nominated by the All-Ukrainian Union Fatherland, from which Tetiana Zasukha, a nominee of the Party of Regions, have stolen the victory in the election district #94, have appealed to the European court.
According to Viktor Romaniuk, the decision taken by the DEC violates the right on free election.
We remind that before October 30, the Obukhiv rayon court received 17 statements of a claim from different subjects of the election process (most of them from the Party of Regions, Tetiana Zasukha and a self-nominated candidate Yurii Mykhailivskyi). The plaintiffs demanded to cancel the decision of precinct election commission prohibiting them from entering the polling station, and to suspend the admission of protocols which were still not received by the DEC. Such statements of a claim were also filed to Vasylkiv rayon court. There were 11 of them.
All the claims were considered by the court on October 31. Obukhiv rayon court has satisfied 8 claims and dismissed 8. Vasylkiv rayon court has satisfied 10 claims and dismissed one. On November 1, representatives of Tetiana Zasukha and the Party of Regions appealed to the Kyiv Court of Appeals and have won all but one.
On the night of November 3, Ms. Zasukha herself came to the DEC #94 and ordered the commission to work. In result, the commission has annulled voting results in 28 polling stations (around 30 thousands of votes), where, by a strange concatenation of circumstances, Viktor Romaniuk was winning.
The United Opposition All-Ukrainian Union Fatherland instituted proceedings in the Kyiv district administrative court and the Kyiv administrative court of appeal, but their claims were dismissed.
The Central Election Commission has declared that determination of voting results in the district is impossible, and on November 6, the Verkhovna Rada of Ukraine has adopted a resolution, in which it recommended the CEC to conduct re-election.
In opinion of Viktor Romaniuk, his victory was stolen, and re-election would be unfair.
In his appeal, Mr. Romaniuk makes a reference to a similar case "Kovach against Ukraine", considered by the European Court in 2008.
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