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Not enough evidence to prove Shariy and Klyuyev's absence in Ukraine for 5 years, court rules

Head of Cassation Administrative Court stated that “the decision of the “Cassation Administrative Court” complies with the Constitution, parliamentary elections law, all the norms of the procedural law - Code of Administrative Court Procedure; the court was acting within its credential
18:41, 3 July 2019

Mykhaylo Smokovych, the Head of Cassation Administrative Court
Open source

Cassation Administrative Court did not find enough evidence, which would prove that Anatoliy Shariy and Andriy Klyuyev were beyond Ukraine for five years. Central Election Commission will have to find additional evidence, as the Head of the institution Mykhaylo Smokovych said at the briefing on July 3.

“There is not enough evidence which would prove they were not in Ukraine. There is such procedural notion as “sufficiency of the evidence,” which says that that evidence is considered sufficient which prove certain conditions. In this situation, we have to say that these people were not in Ukraine,” Smokovych said.

He stressed that the court was checking the legality of adoption of the decision based on evidence.

Related: Central Election Commission registers blogger Shariy at snap parliamentary elections

According to him, Cassation Administrative Court found the order of the Central Election Commission to refuse the registration illegal.

“If the court sees that there is not enough evidence, it sends the statements of the candidates for further consideration. Central Election Commission has to implement the court’s decision, gather enough evidence,” he explained.

Smokovych stated that “the decision of the “Cassation Administrative Court” complies with the Constitution, parliamentary elections law, all the norms of the procedural law - Code of Administrative Court Procedure; the court was acting within its credentials.

Related: Klyuyev, Partia Shariya to run in Ukraine's snap parliamentary elections

Smokovych confirmed that the Central Election Commission provided information from the Internet, the words of Shary’s wife that she and her family left abroad for seven years.

According to him, Central Election Commission provided a certificate from the Prosecutor General Office, which reads that in early 2015 Andriy Klyuyev left Ukraine, and returned in ten days. The Chairman of Cassation Administrative Court stressed that putting a person on a wanted list is not a confirmation of the fact that he/she was not on the territory of a state.

Related: Prosecutor General’s Office confirms absence of Klyuyev from Ukraine for 5 years

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