On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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

established:

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.

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