Presidential elections were held in Ukraine on 17 January 2010. As no candidate received a majority of the vote, a run-off election was held between Prime Minister Yulia Tymoshenko and opposition leader Viktor Yanukovych on 7 February.
On 14 February, Yanukovych was declared President-elect and winner with 50% of the popular vote. According to Article 104 of Ukraine's Constitution, the president had to be sworn into office within 30 days of the official declaration of the results.CEC official declaration of the 2010 Presidential election, Central Election Commission of Ukraine Parliament subsequently scheduled Yanukovych's inauguration for 25 February.Update: Yanukovych to be sworn in, rival fights on , Kyiv Post (14 February 2010)
On 17 February, the Supreme Administrative Court of Ukraine suspended the results following an appeal by Tymoshenko. The court suspended the Central Election Commission's ruling that had declared Yanukovych as the winner of the election, but did not postpone or cancel his inauguration.https://www.nytimes.com/2010/02/18/world/europe/18ukraine.html High Court in Ukraine Weighs Appeal on Election On 20 February, Tymoshenko withdrew her appeal.Ukraine Prime Minister Drops Election Challenge , The New York Times (20 February 2010)
Background
In Ukraine, the previous two presidential first-round ballots had traditionally occurred in October.
According to the Constitution of Ukraine, regular elections of the president of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the president of Ukraine. In the event of pre-term termination of authority of the president of Ukraine, elections of the president of Ukraine are held within ninety days from the day of the president's office falling vacant.
Early presidential elections can be held in case of a president's resignation, ill-health, impeachment or death.
The president of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.
A candidate seeking election must be a citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language as required by Article 103 of Ukraine's Constitution.
On 1 April 2009, the Verkhovna Rada designated 25 October 2009, as the date for the first round of voting. Within a week, President Yushchenko filed an appeal with the Constitutional Court against Verkhovna Rada's 25 October date. The President's appeal argued that his inauguration on 23 January 2005, was the commencement of his five-year term of office and as such the next presidential election must be set for the last Sunday before 23 January 2010, in accordance with Article 103.Yushchenko appeals parliament's decision to call presidential election for Oct. 25 , UNIAN (8 April 2009)
On 13 May 2009, the court ruled in Yushchenko's favor, striking out the 25 October date for the elections.Ukraine court rules election date unconstitutional , PR-inside.com (13 May 2009) On 14 May 2009, the Party of Regions leader Viktor Yanukovych stated that the presidential elections should now be held on 17 January 2010.Yanukovych agrees with Yushchenko on presidential election date, Interfax-Ukraine (14 May 2009)Court declares unconstitutional parliament's resolution calling presidential polls for October 25, 2009, Interfax-Ukraine (13 May 2009)Constitutional Court rules against presidential poll date , UNIAN (13 May 2009)
On 23 June 2009, the Parliament rescheduled the date for the election for Sunday, 17 January 2010, with 399 lawmakers out of 442 lawmakers registered in the session hall voted "for" the resolution "On appointing of regular election of President of Ukraine".
Minister of Internal Affairs Yuriy Lutsenko said on 21 September 2009 that he believes that the lists of voters at this presidential election will be more qualitative and more "clear" than it was at previous elections because "double names" were removed from the list.All doubles are eliminated – Lutsenko , UNIAN (21 September 2009) The same day the Party of Regions complained about a lot of mistakes in that list and that the number of voters fell in the Southern Ukraine and Eastern Ukraine and increased by 0.5–1% in Western Ukraine.Regions Party worried about numerous inaccuracies in state register of voters, Interfax-Ukraine (21 September 2009) It is the first time the state register of voters will be used in a Ukrainian election.
Electoral system Ukraine's president is elected by a two-round first-past-the-post voting system. The first round of voting was held on 17 January 2010. As no candidate in the first-round ballot had 50% or more votes the two highest polling candidates faced off in a second-round ballotPresidential election gets under way in Ukraine , Kyiv Post (17 January 2010) which was held on 7 February 2010. Viktor Yanukovych received the highest vote (48.96%) and was expected to be declared the winner. Under Ukrainian law presidents elect must take the oath within 30 days of the declaration of the poll, which must be made before 17 February 2010.
On 24 July 2009, the Verkhovna Rada (Ukrainian parliament) amended the law on presidential elections reducing the official presidential campaign from 120 to 90 days.Law on Presidential Elections, Central Election Commission of Ukraine (Ukrainian)Law on Presidential Elections , Venice Commission VR reduced term of presidential campaign from 120 to 90 days , UNIAN (24 July 2009) Outgoing President Viktor Yushchenko refused to sign the new law and lodged an appeal in Ukraine's Constitutional Court, but failed to outline in detail the grounds for any appeal.Law on presidential elections will be amended during election campaign, says Yuschenko's secretariat, Kyiv Post (21 August 2009) The speaker of the parliament, Volodymyr Lytvyn, signed the amended law into existence following the President's refusal to sign it, despite this being illegal.The interns of the Program of Internship at the Verkhovna Rada of Ukraine and Central Executive Bodies for 2012-2013 learned the procedure of submission and passage of bills in the Verkhovna Rada , Verkhovna Rada (14 December 2012)Ukraine: Energy Policy Review 2006, International Energy Agency, 24 October 2006, (page 130)
Maryna Stavniychuk, deputy head of the presidential secretariat and the President's spokesperson on legal matters, stated "It is obvious that there are no serious political or legal grounds to consider the issue of the possible disruption of the presidential elections in Ukraine." Ukraine's presidential elections will not be disrupted, Kyiv Post (25 September 2009)
The amended law on the presidential elections required candidates to pay a ₴2,500,000 (~308,000 USD) nomination deposit which will only be refunded to the two highest polling candidates that progressed to the second round of voting.
On 19 October 2009, the Central Election Commission of Ukraine formed the 225 territorial election districts needed for carrying out the election.CEC formed 225 territorial election districts , UNIAN (19 October 2009)
20 October 2009, Ukraine's Constitutional Court announced its ruling declaring unconstitutional five aspects of the new law of the presidential election. Voters abroad will no longer have to be registered with the Ukrainian consulate in order to cast a vote. The courts will retain the right to consider without limitations any application or appeal in respect to a candidate's registration or the conduct of the election. The cancellation of absentee ballots remains as does the 90-day election period and the ₴2.5 million deposit. The ruling of the Constitutional Court is not expected to impact seriously on the election as the amended legislation remains in place.Constitutional court rules on Law of President elections , UNIAN (20 October 2009)Ruling 26/2009 Compliance with the Constitution of Ukraine (constitutionality) of certain provisions of laws of Ukraine "On elections of President of Ukraine" On State Register of Voters, "" On Amending Certain Legislative Acts of Ukraine on the presidential elections in Ukraine and the Code of Administrative Procedure Ukraine , Constitutional Court of Ukraine (19 October 2009)
On 21 December 2009, the Central Election Commission of Ukraine formed 113 foreign polling stations.Ukraine's CEC forms 113 foreign polling stations for presidential elections, Kyiv Post (22 December 2009)
Voters are permitted to vote at home during the presidential election.Tymoshenko to appeal against CEC decision permitting home voting during presidential election , Kyiv Post (5 January 2010)
Costs The Central Election Commission has estimated the budget of the holding of regular presidential elections in Ukraine at ₴1.5 billion,Presidential direct election to cost Ukraine over 1.5 billion UAH , For-ua (29 July 2009) (approximately 200 million US dollars) with additional costs required by candidates to fund their campaigns.
On 26 November, the Central Election Commission stated a total of ₴1.314 billion is required to hold the presidential election, including 192.2 million in 2009 and 1.122 billion in 2010.Central Election Commission cuts expenditure on presidential election by Hr 17.3 million , Kyiv Post (26 November 2009)
Assessments by political analysts show that each presidential candidate will have to spend at least US$150–200mn to promote himself; this includes buying story lines in the media, visual advertising, canvassing, printing political material and, work with electoral commissions.How much for today's president?, proUa (26 August 2009)
Chairman of the Committee of Voters of Ukraine, Oleksandr Chernenko, also commented that presidential candidates will spend 1 billion US dollars on the election campaignPresidential candidates will spend at least USD 1 billion on election campaign in Ukraine , ForUm (20 October 2009)
The cost of the run-off ballot is estimated to be US$119 millionRun-off to take UAH 448.581, 119 million – CEC , UkrInform (28 January 2010)
Timetable Ukraine's Central Electoral Commission (CEC) has set the following timetable for the conduct of the election: 19 October: Official 90-day Election Campaign period commences 20 October to 6 November: Nominations open 9 November: Deadline for nomination document/submissions CEC has five days to assess and approve or reject nominations 11 November: Deadline for candidates to submit any corrections to documentation 13 November: CEC to finalize registration of nominations 15 November: CEC to publish nomination lists of candidates CEC provides certified copies of the voters list to all candidates. Within Three days of registration Candidates must provide a statement of assets and income. Candidates allowed to commence official campaign one day after registration is finalized. 9 December: Foreign polling stations to be set up.Foreign polling stations for Ukrainian presidential elections to be set up by Dec. 9, Kyiv Post (20 November 2009) 15 December: CEC to approve ballot paper format ready for printing. 21 December: Deadline for withdrawals of candidature. 2 January: Last day for public opinion polls to be published prior to election. 9 January: All ballot papers to be printed and ready for distribution to polling stations/districts. 15 January: Last day of public campaigning before polling day 17 January: Election (first-round ballot) polling commences 8 am and closes 10 pm 22 January: Tabulation of overseas and territorial polling place to be completed 27 January: Determination of voting results and declaration of poll
As no single candidate had 50% or more of the total recorded vote the two highest polling candidates faced off in a second-round ballot. The candidate with the highest vote in the second round will win the election. 7 February: Final round run-off ballot