On behalf of the Russian Federation
of November 15, 2018 No. 42-P
On the case of check of constitutionality of part 15 of article 239 of the Code of administrative legal proceedings of the Russian Federation in connection with the claim of regional department of political party "Just Russia" in the city of St. Petersburg
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,
with participation of the representative of regional department of political party "Just Russia" in the city of St. Petersburg - the lawyer A. Yu. Lebedev, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation M. P. Bespalova, the representative of the Federation Council - the chairman of committee of the Federation Council on the constitutional legislation and the state construction A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered case on check of constitutionality of part 15 of article 239 KAS of the Russian Federation in open session.
Reason for consideration of the case was the claim of regional department of political party "Just Russia" in the city of St. Petersburg. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.
Having heard the message of the judge-speaker S. D. Knyazev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from Russian Central Election Commission - D.Yu. Voronina, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 15 of article 239 KAS of the Russian Federation with the administrative action for declaration about cancellation of the decision of the electoral commission, commission of referendum on vote results, about election results, referendum can address the citizen registered in accordance with the established procedure and participating in elections as the candidate, the electoral association which was participating in elections and proposed the candidate or the candidate list on elective offices, initiative group on holding referendum and (or) her authorized representatives in the cases established by the law the prosecutor.
1.1. The regional department of political party "Just Russia" disputing constitutionality of the given legislative provision in the city of St. Petersburg pushed on elections of deputies of local government board of the municipality "Municipal District No. 15" twenty candidates, any of whom was not registered by the electoral commission as its chairman interfered with timely representation by them necessary for document registration (changed the place of documents acceptance by the electoral commission, evaded from observance of the schedule of its work, etc.). As a result all twenty candidates were deprived of possibility of further participation in the elections which took place on September 14, 2014, and electoral association - opportunities to apply for their election as municipal deputies.
The criminal case initiated on February 25, 2015 by investigative department of Vyborgsky district of the Main Investigation Department of the Investigative Committee of the Russian Federation of St. Petersburg on part one of article 141 UK of the Russian Federation concerning the chairman of the electoral commission of the municipality "Municipal District No. 15" upon hindrance by it to implementation of the voting rights of the candidates proposed by regional department of political party "Just Russia" in the city of St. Petersburg, on December 21 the same year according to the petition of the person accused in the procedure established by the criminal procedure law is stopped in connection with amnesty. Judicial contest of election results to the citizens pushed as candidates of local government board of this municipality it was refused.
Adoption of the administrative action for declaration of regional department of political party "Just Russia" in the city of St. Petersburg about cancellation of the decision of the electoral commission of the municipality "Municipal District No. 15" on election results it was also refused. Making such decision, the Vyborg district court of the city of St. Petersburg was guided by the fact that any of the citizens pushed by the administrative claimant was not registered by the electoral commission as the candidate and did not take further part in elections, and therefore the electoral association which pushed them cannot be carried to number of subjects which owing to part 15 of article 239 KAS of the Russian Federation have the right to take a legal action with the corresponding administrative action for declaration. Higher degrees of jurisdiction agreed with determination of the Vyborg district court of the city of St. Petersburg of June 1, 2016 (appeal determination of the St. Petersburg city court of September 8, 2016 and determination of the judge of the St. Petersburg city court of April 13, 2017 about refusal in transfer of the writ of appeal for consideration in judicial session of court of cassation instance).
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