The main conclusion of this discussion was that the second round should be finalized no later than 21 February 2010—provided that no one violates the law or abuses loopholes in it. Still, the chances that there will be complications both during the actual vote and during the count are high. This makes it extremely important for observers to continue monitoring the election. The role of international observers in this process is hard to overestimate. Their attention should be directed, not only at the electoral commissions but also at the administrative courts that could be the new battleground for the main candidates.
Ukrainians have proved that they can elect according to law. Still, are they able to pass court judgments according to law? Or, as Xavier Solana once put it, Can they play according to rules and not with the rules?
Right now is not the time for Ukraine to think in terms of sectoral reforms, the economy or the Constitution. The main thing is to survive this election and the possible large-scale courtroom battles to gain a new legitimate President before there is a complete collapse of government and a complete loss of trust among both Ukraine’s voters and its western partners.
Any politician who thinks today that he can control a court could become their victim tomorrow. This is why all political players should support at least one reform immediately after this election: reforming the court system in Ukraine.