On behalf of the Russian Federation
of March 12, 2021 No. 6-P
On the case of check of constitutionality of Item 1.1 of Article 38 and Item 1 of article 39 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" in connection with the claim of the citizen S. S. Tsukasov
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,
being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of Item 1.1 of Article 38 and Item 1 of article 39 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation".
Reason for consideration of the case was the claim of the citizen S. S. Tsukasov. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.
Having heard the message of the judge-speaker A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. The citizen S. S. Tsukasov disputes constitutionality of following provisions of the Federal Law of June 12, 2002 No. 67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation":
Item 1.1 of Article 38, and actually its first offer, according to which in case of detection of incompleteness of information about candidates, lack of any documents which submission to the electoral commission for the notification on promotion of the candidate (candidates), the candidate list and their registration is provided by the law, or non-compliance with requirements of the law to document creation the relevant electoral commission not later than three days about day of meeting of the electoral commission on which the question of registration of the candidate, the candidate list shall be considered, informs on it the candidate, the electoral association;
Item 1 of Article 39, fixing that all candidates have the equal rights and perform equal duties, except as specified, established by this Federal Law.
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