Ukrainian President Viktor Yushchenko appealed to the Constitutional Court with a proposal to declare unconstitutional certain provisions of the new law “On elections of the President. The grounds cited by the President are weak and should not effect the overall application of the new law.
Yushchenko pins much of his hopes in having the law thrown out on the basis of diminished rights of foreign voters. Foreign voters during the 2007 parliamentary election represented less then 0.05%. Bloc Yulia Tymoshenko received 8566 votes, Party of Regions 6939 votes and Our Ukraine-Peoples self defense 6598 votes. The inclusion of these votes is unlikely to effect the overall result of the election which will be decided by Ukraine’s 25 million voters. The Constitutional Court can rule against the President or strike out the law in full or in part. Any decision to declare the law invalid would create a constitutional crisis and could jeopardise the holding of Presidential elections itself.
The arguments presented by the President are not sufficient enough to declare the elections unconstitutional, The President has not objected to the requirements for a higher deposit or the proposed 90 day official election campaign period.
The grounds of appeal cited list part 6 of article 2 of the new law, which provides the definition of residence in the consular registration for the realization of the right to vote in presidential elections, Part 6 of Article 23, Part 9 of Article 24, Part 9 of Article 31, Parts 4, 5, 9, Article 32, providing making changes to the electoral commissions, voter lists at polling stations on voting day, the decisions of electoral commissions.
The President has also requested the CCU to assess the provisions of paragraphs 1, 4 and 5 of Part 2 of Article 36 (1) as it relates to the preparation and update the voter lists at polling stations abroad on the principle host of citizens on consular registration. (i.e. in order to vote voters must be registered first with the consulate)
In addition, the rate of the first paragraph of Part 1, Part 2 and 5 of Article 56, which would eliminate the decision to cancel registration of a candidate for President of the supreme judicial body, and considers this decision to the exclusive powers of the Central Election Commission without adequate guarantees of judicial protection, and also the second paragraph of Part 4 of Article 79, paragraph two of Part 5 of Article 83, Part 7 of Article 84 and Parts 5 and 6 of Article 99.