Trial lawyers' award recognizes courage of Ukrainian court's election decision


WASHINGTON - The Association of Trial Lawyers of America (ATLA) on July 26 presented its annual Amicus Award to the Civil Chamber of the Supreme Court of Ukraine. The court exhibited an extraordinary act of judicial independence when it ordered a new election during last year's divisive presidential contest in Ukraine after it found evidence of electoral fraud and intimidation, the ATLA noted.

Each year, ATLA's Amicus Award recognizes outstanding contributions to the civil justice system, and notable efforts that foster a healthier, safer society.

Past recipients include members of Congress and the judiciary, as well as everyday citizens who have had a positive impact on the civil justice system and on the safety of American families.

This year's award, however, recognized the actions of an esteemed and brave body of citizens who reside halfway around the world in Ukraine, noted the ATLA. Fifteen years after the fall of the Berlin Wall and the collapse of the Soviet Union, this country's young and thriving democracy nonetheless appeared to be in peril last December.

After two disputed rounds of the presidential election in October and November 2004 between Prime Minister Viktor Yanukovych and opposition candidate Viktor Yushchenko, the result of this bitterly fought contest was still unclear. When the government's Central Election Commission and supporters of Mr. Yanukovych claimed victory, dramatic protests ensued.

International observers and civil justice advocates doubted the validity of the outcome, backed by reports from Yushchenko supporters of intimidation, rigged ballots, violence and fraud.

By the third week in November, the crisis had paralyzed the country, and on November 25 the Civil Chamber of the Supreme Court of Ukraine was asked to step in. The court examined the election results and allegations of electoral fraud. In Kyiv's Independence Square, millions of Ukrainians awaited the court's decision, waving orange flags as a symbol of their faith in their democracy, the ATLA related.

On December 3, the court, in a courageous act of judicial independence, annulled the results of the election's second round. A new vote was held and the Central Election Commission on January 11 declared Mr. Yushchenko the official winner, with 52 percent of the vote.

"The members of this chamber risked personal and political peril, but refused to let intimidation and fraud undermine the democratic process. Their brave commitment to the 48 million citizens of Ukraine is an extraordinary inspiration to the world. The ATLA Amicus Award honors this momentous demonstration of how crucial a free and independent judiciary is to the survival of any civil society," the ATLA underscored in its news release.

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With 60,000 members in the United States, Canada and abroad, the ATLA is the world's largest trial bar. It was established in 1946 to safeguard victims' rights, strengthen the civil justice system, promote injury prevention and foster the disclosure of information critical to public health and safety. Visit http://www.atla.org/.

With members worldwide, and a network of U.S. and Canadian affiliates involved in diverse areas of trial advocacy, ATLA provides lawyers with the information and professional assistance needed to serve clients successfully and protect the democratic values inherent in the civil justice system.


Copyright © The Ukrainian Weekly, July 31, 2005, No. 31, Vol. LXXIII


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