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Ukraine Court to Rule on Election

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Times Staff Writer

The Supreme Court on Thursday temporarily blocked publication of disputed presidential election results naming Prime Minister Viktor Yanukovich the winner, bolstering opposition supporters, who say pro-Western contender Viktor Yushchenko won.

Many observers interpreted the court’s technical ruling as blocking the immediate inauguration of Yanukovich, who is backed by Moscow.

“This announcement of the Supreme Court means one thing: The people win!” Yushchenko, a broad smile lighting his face, declared Thursday evening to an exultant crowd of more than 100,000 at a square in central Kiev. Yushchenko and his associates, however, also indicated that they would escalate street protests rather than rely on a court victory.

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Yanukovich countered the opposition’s pressure with a televised appearance in which he insisted that the political crisis must be resolved strictly according to law.

“The election and the postelection process should be legal,” Yanukovich said. “I don’t see any chance for this conflict to be solved through ultimatums. The first thing we have to do is negotiate.... I will recognize all decisions made within the framework of Ukrainian law.”

The U.S. and other Western governments have described the election as so marred by fraud that it cannot be considered legitimate.

The opposition appeared to be gaining some support. An officer who said he represented the Ukrainian Security Service publicly called for a fair court ruling and avoidance of police action against protesters. And a television station pledged to cover the opposition fairly.

The ruling was designed to allow the Supreme Court to consider on Monday an appeal by the Yushchenko campaign. The opposition is contesting Wednesday’s move by the Central Election Commission declaring Yanukovich the winner, with 49.5% to Yushchenko’s 46.6%.

But in speeches to the festive crowd massed in and around Independence Square, Yushchenko’s associates outlined plans for mass action that appeared aimed at winning a nonviolent revolution of the type that occurred in Yugoslavia in 2000 and in Georgia last year. In those cases, authoritarian leaders were ousted by massive postelection protests against fraudulent vote counts.

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Yulia Tymoshenko, another key opposition leader, cited two days of protests outside the nearby presidential administration building and said blockage of government offices would intensify.

“Today we start the organized blockage of the Cabinet of Ministers and the parliament, and more intense blockage of the presidential administration,” Tymoshenko told the crowd Thursday evening.

By 8:30 a.m. today, thousands of Yushchenko supporters had blocked entrances to the Cabinet building. There was no sign of any increased police presence at the entrances, but 20 blue police buses with darkened windows and engines running were parked nearby. At 8:45 they drove off, to the cheers and waves of protesters.

Katy Bykova, 20, a student stamping her feet to stay warm among the crowd in front of the Cabinet building, said she was there “because we want our country to be free. We want our Ukraine to be part of Europe. We are here to support our country.” Asked if she was worried about a crackdown, she said, “We aren’t afraid of the police because the police are with us.”

Thousands more people were blocking roads leading to other government offices.

On Thursday, Oleksandr Zinchenko, campaign manager for Yushchenko, read aloud what he described as “decrees” from a newly formed National Salvation Committee led by Yushchenko and himself.

The committee claimed authority on the constitutional principle that “the people are the source of power,” and was taking into consideration the fact that President Leonid D. Kuchma had “not fulfilled his duty to guarantee state sovereignty ... and the human rights guaranteed by the constitution,” he said.

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The opposition has charged that the Central Election Commission’s declaration of Yanukovich as the official winner amounts to an attempted coup d’etat.

The decrees read by Zinchenko guaranteed freedom of expression, threatened punishment of public officials responsible for denying it and called for public order.

“All law enforcement employees who turn to the people’s side will not be prosecuted for ... breaking illegal orders,” said one decree, reinforcing the opposition’s plea to police and soldiers to refuse to participate in a crackdown on protests, should authorities choose that route.

The stepped-up opposition pressure came amid signs that Yanukovich’s power base may be crumbling, including his near-monopoly over television. Throughout the campaign, almost all stations showed what foreign observer missions called clear pro-Yanukovich bias.

But journalist revolts in the last few days at several stations brought greater coverage Thursday of the huge protests in Kiev, the capital, and of Yushchenko’s stance in the political crisis, with opposition leaders getting access to media that previously had been denied to them.

“We acknowledge our responsibility for biased information that the channel spread under pressure and according to directions from various political forces,” said a statement released by journalists at the private One Plus One channel. “From today ... we guarantee that any information that we broadcast will be complete and objective.”

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On Thursday evening, a man identified as a general in the Ukrainian Security Service read aloud to the crowd at Independence Square what he said was an official address by security service officers to the people.

“The only source of power in Ukraine, the Ukrainian people, have not recognized the result of the presidential election as legitimate,” he said. “We appeal to the judges of the Supreme Court: Be impartial, do your duty and prove that law is respected in Ukraine. We appeal to law enforcement officers ... to avoid any actions that would put you against the people.”

Former Polish President Lech Walesa, whose leadership of the Solidarity labor union played a key role in undermining communism in Eastern Europe and winning democracy for his nation, also appeared at the square Thursday afternoon, alongside Yushchenko.

“For all my life, I’ve been fighting for similar ideals,” Walesa told the crowd.

Ukraine’s crisis dominated talks at The Hague between Russian President Vladimir V. Putin and European Union leaders. At a news conference with top EU officials, Putin defended his endorsement of Yanukovich as the winner, echoed the call to follow the law and warned against foreign interference.

“We should not introduce in the practice of international life a means of addressing similar disputes through mayhem on the street,” Putin said. “I am deeply convinced that we have no moral right to push a big European state to any kind of massive disorder....

“All issues concerning the elections in Ukraine should be addressed within the framework of its constitution and legislation. All claims should go to the courts.”

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Thirteen years after the collapse of the Soviet Union, the final outcome of the current crisis is of enormous importance for this nation of 48 million, in terms of its prospects for stability and democracy and in determining whether it orients itself toward the West or toward Russia.

Yushchenko has stressed deepening ties with the European Union and the North Atlantic Treaty Organization, while Yanukovich, who is popular in Ukraine’s largely Russian-speaking east, has emphasized economic ties with Moscow.

Kuchma’s press office announced that Polish President Aleksander Kwasniewski would arrive in Kiev today for talks with Kuchma. European Union foreign policy chief Javier Solana is also scheduled to visit today to discuss negotiating a solution.

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