Decision of the TEC dated February 28, 2004 - No. 11/1 (Lutsk):
"In accordance with the decision of the Lutsk City Court, which states: 'To obligate the regional territorial election commission to take actions in accordance with the requirements of the Law of Ukraine "On Elections of Deputies of Local Councils and Village, Settlement, City Heads," the regional territorial election commission, having reconsidered the results of voting and elections by the district (territorial) election commission of Turiisk district in multi-mandate electoral district No. 19, guided by the requirements of Articles 14, 15, 21, 22, 36, 38, 47, 58 of this Law and considering that during the conduct of voting and counting of votes no violations were recorded at any of the 70 polling stations of the district that could have influenced the election results (Article 47), the identified violations of pre-election campaigning were submitted to court after the adoption by the regional territorial election commission of the decision on the results of voting and the outcome of elections (Article 48), and in accordance with Article 38 of this Law "All disputes regarding pre-election campaigning are resolved by the district (territorial) election commission, whose decisions may be appealed in court," and the responsibility of a candidate for deputy for violations in pre-election campaigning leading to the cancellation by the territorial election commission by court decision of its decisions (decisions of the respective election commissions) is established by the requirements of Article 58 of this Law, and the procedure for appealing decisions of the election commission is established by Article 22 of the Law: "A decision of the territorial election commission may be appealed in court within three days. The court considers this matter within a five-day period, but no later than one day before the day of elections. In the event that the court recognizes a decision of the territorial election commission as contrary to law, it is considered invalid in whole or in part that contradicts the Law. Applications submitted to court after the deadlines for consideration defined in this article are not subject to consideration," the articles of the Law contain no requirements whatsoever that the candidate for deputy who took second place in the number of votes received is considered the winner if the results of voting and the outcome of elections are canceled in the part concerning the respective candidate (from the court decision: "The decision of the regional territorial election commission dated 09.02.2004, by which Dzyamulych Ivan Vasyliovych was elected as a deputy of the Volyn Regional Council in multi-mandate electoral district No. 19, shall be canceled") and in accordance with the requirements of Article 48 of the Law of Ukraine "On Elections of Deputies of Local Councils and Village, Settlement, City Heads," HAS DECIDED: 1. To recognize the results of voting and the outcome of elections of a deputy of the Volyn Regional Council in multi-mandate electoral district No. 19 (Turiisk district) according to the protocol of the district election commission dated February 9, 2004, which established: 1) total number of voters in the multi-mandate electoral district - 21506 2) number of voters who received ballots - 16269 3) number of voters who participated in voting - 16167 4) number of ballots recognized as invalid - 567 5) number of votes cast for each candidate: Hlavatskyi Oleksandr Filimonovych - 1539 Dzyamulych Ivan Vasyliovych - 5592 Kostrovskyi Ivan Vasyliovych - 2577 Koshatiuk Volodymyr Vasyliovych - 550 Prystupa Olena Mykolaivna - 713 Cherniakov Valerii Viktorovych - 1271 Shyba Bohdan Pavlovych - 5155 6) number of votes of voters who did not support any candidate - 551 2. To consider Dzyamulych Ivan Vasyliovych elected and to register him as a deputy of the Volyn Regional Council.
Head of the regional territorial election commission P.I. Yastreb"