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The Constitution states that the new parliament should hold its first meeting within 30 days after the official publication of election results

titution states that a newly-elected parliament should hold its first meeting within 30 days after the official publication of election results by the Central Election Commission (CEC). But the process can be stalled if the CEC is prohibited from publishing election results by the country’s administrative court system.

According to law, the CEC has until Oct. 15 to establish the official final vote tally. CEC deputy head Andriy Mahera indicated that the commission is likely to announce the official final results on Oct. 14 or Oct. 15.

“Legal challenges of the results can be filed with the Higher Administrative Court (HAC) within five days after the establishment [of results] by the CEC, in this case until Oct. 20,” explained electoral law expert Serhii Kalchenko, attorney at the Moor & Krosondovych law firm in Kyiv.

“The courts have another five days to make rulings, but that deadline can also be extended if the courts so rule.”

“It is possible that ‘traditional’ juridical mechanisms will be used after the CEC establishes election results. A claim could be filed with the HAC together with a claim to prohibit the CEC from publishing official results until the case is considered. If this happens, then the CEC will have to wait for the court’s decision,” Kalchenko explained.

Kalchenko said that if legal challenges proceed and the Higher Administrative Court ultimately rules that the CEC’s actions were perfectly legal, then official final election results will be announced on Oct. 26. If events unfold according to this scenario, then the new Rada should convene no later than Nov. 25.

“It will be interesting to see how this works out in practice, as Nov. 25 is a Sunday,” Kalchenko said.

Maksym Kopeychykov, a partner of the Kyiv-based Ilyashev & Partners law firm, said that he does not think any legal challenges will be heard by the HAC.

Neither Kalchenko nor Kopeychykov were aware of any legal challenges to the election results.

“It depends more on the results of negotiations between the winners of the elections,” Kopeychykov said.

“If there is no agreement with the Regions Party, then, probably, those CEC members who were appointed by the previous governing coalition will become too ill to be present at the CEC’s meetings,” Kopeychykov explained.

The governing coalition of the Regions, Socialists and Communists enjoy a one-vote majority on the 15-member CEC. Despite failing to qualify for seats in the parliament, Socialist leader Oleksandr Moroz said Oct. 5 that his party will not challenge the results of the “unconstitutional” elections.

The Communists, who gained more than 300,000 votes in the latest poll, have demanded a total recount of all votes cast, but have not said they will not challenge the results of the Sept. 30 elections in the courts. Prior to the vote, the CPU said it would legally challenge the results of last month’s vote.

On Oct. 5 the Party of the Regions’ representative in the CEC Vladislav Zapansky said his political force was not planning to challenge the results of elections – that have not been falsified – in the courts.