Ukraine's leading English-language newspaper since 1995

Defeated candidate Yulia Tymoshenko "will never recognise" the victory of pro-Russian rival Victor Yanukovych in Sunday's Ukrainian presidential election. Defeated candidate Yulia Tymoshenko "will never recognise" the victory of pro-Russian rival Victor Yanukovych in Sunday's Ukrainian presidential election, a local newspaper reported on Feb. 8

Latest official results gave ex-mechanic Yanukovych a near three-percentage point margin of victory over Tymoshenko, who is prime minister and co-led the Orange Revolution after rigged elections in 2004. International monitors have declared Sunday's election was fair but the premier has so far refused to concede.

"I will never recognise the legitimacy of Yanukovych'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 website 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 Yanukovych'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 Yanukovych, 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, Yanukovych 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.

Yanukovych 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)."

Tymoshenko herself did not appear in parliament but she was due to give a news conference later on Tuesday.

There was no mood in the snow-bound capital Kyiv for a repeat of the street protests co-led by Tymoshenko which overturned a previous Yanukovych victory in the 2004 election later declared fraudulent.

Tymoshenko cannot catch up with Yanukovych in the vote-count although just 734,000 votes separated the two sides, in a vote that underscored Ukraine's deep divide.

As votes trickled in on Sunday evening, the 49-year-old former gas tycoon cried fraud but backed away from an earlier threat to call people out onto the streets.

Western investors and Ukraine's powerful neighbour Russia reacted cautiously to the victory of Yanukovych, whose party is allied to the Kremlin's United Russia.

The official result signalled a remarkable comeback for Yanukovych, who tapped widespread disillusionment with the Orange Revolution democracy movement that delivered years of infighting instead of prosperity and stability.

Yanukovych may seek to form a coalition to get an ally into the role of prime minister, replacing Tymoshenko. This will require support from the Our Ukraine faction of outgoing President Victor Yushchenko, which is far from certain.

Failure to secure a workable majority would force fresh parliamentary polls, possibly as early as June although autumn is more likely, but Yanukovych appears reluctant to call more elections for fear of voter fatigue.