Prime Minister,Tymoshenko,withdraws vote challenge.

By YURAS KARMANAU, Associated Press Writer
Ukraine's PM Tymoshenko withdraws vote challenge

KIEV, Ukraine – Embattled Ukrainian premier Yulia Tymoshenko on Saturday withdrew her legal challenge to the presidential runoff vote, claiming she could not win because the court refused to consider documents that she said showed election fraud.

Tymoshenko lost the Feb. 7 runoff to pro-Russian opposition leader Viktor Yanukovych by just 3.5 percentage points. She has refused to concede and urged a full re-count, claiming that more than 1 million votes had been falsified or miscounted.

"We see no sense to further consider the appeal," Tymoshenko told officials at Ukraine's Administrative Court.
Later she said she was forced into the move by Ukraine's tainted justice system.

"I faced a machine that works beyond justice," she told reporters. "They want to sanctify the fraud and make it look legal."
Judge Alexander Nechitailo said the court would accept the withdrawal but rejected any criticism of its procedures.
"The court thinks the facts listed in Mrs. Tymoshenko's appeal were not proven," he said.

Unlike past elections in Ukraine, international observers deemed the 2010 election free and fair, and Western leaders, including President Barack Obama, congratulated Yanukovych on his victory.

A Yanukovych party official called Tymoshenko's decision on Saturday "fairly predictable."

"The lack of proof forced Tymoshenko to admit the obvious fact — that Viktor Yanukovych won the election," said Anna German, the vice chairwoman of the Party of Regions.

One respected Ukrainian analyst said the Orange Revolution heroine withdrew her appeal after realizing that Yanukovych's forces could successfully pressure the court.

"Tymoshenko understood that she is losing time, that she can't win in the court that is controlled by Yanukovych," analyst Yuri Yakemenko said.

But Vadim Karasyov of the Global Strategies Institute in Kiev said the withdrawal — a major shift in Tymoshenko's tactics — hints toward a possible secret deal she has made with Yanukovych to keep her Orange Coalition in parliament.

"She decided to give up her fight for presidency to focus on keeping her seat as prime minister," he told The Associated Press. "Yanukovych will become a legitimate president, but as his inauguration present he will receive Tymoshenko, a full-time premier who is absolutely legal, controls the parliament and is not going anywhere."

Yanukovych's party has been trying to create a new parliament coalition that could oust Tymoshenko from her post.

Tymoshenko led the 2004 Orange Revolution democracy protests that lead to a court's overturning Yanukovych's 2004 presidential election victory due to vote fraud. A court-ordered rerun was won by her ally, Viktor Yushchenko.

But the two Orange leaders quickly fell out, contributing to a paralyzed political system. Their constant bickering aggravated Ukraine's economic woes as the nation of 43 million reeled amid a steep recession.
Also Saturday, Yushchenko congratulated his former bitter rival Yanukovych on his "legitimate" election victory, according to the outgoing leader's Web site, and expressed hope that Yanukovych will unite the nation and "defend" its nascent democratic traditions.
Some of Yushchenko's supporters in parliament are expected to join a coalition with Yanukovych's party.

Yushchenko got only 5.5 percent of the vote in the Jan. 17 first round of presidential voting. But rather than throw his support behind Tymoshenko, he urged his supporters to vote "against all."
Yanukovych is to be inaugurated as president on Feb. 25.