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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 26, 2005 No. 14-P

On the case of check of constitutionality of separate provisions of article 260 of the Civil Procedure Code of the Russian Federation in connection with the claim of the citizen E.G.Odiyankov

Constitutional court of the Russian Federation as a part of the chairman N. V. Melnikov, judges Yu. M. Danilov, V. D. Zorkin, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, N. V. Seleznyov, O. S. Hokhryakova,

with participation of the representative citizen E. G. Odiyankov - the lawyer A. V. Syomin, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova, 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, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered

in open session case on check of constitutionality of separate provisions of Article 260 GPK of the Russian Federation.

Reason for consideration of the case was the claim of the citizen E. G. Odiyankov to violation of its constitutional rights Article provisions 260 GPK of the Russian Federation. 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 L. M. Zharkova, explanation of agents of the parties, speech of the representative from Russian Central Election Commission invited in meeting - N. E. Konkina, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to paragraph one of part two of Article 260 GPK of the Russian Federation (in edition of the Federal Law of November 14, 2002) the statement for protection of the voting rights and the participation right in referendum of citizens of the Russian Federation which is filed a lawsuit during the election campaign or preparation of referendum shall be considered within five days from the date of its giving, but no later than the day preceding ballot day, and the statement which arrived in ballot day or in the day following ballot day - immediately; if the facts containing in the statement require additional check, the decision concerning the statement is made not later than in ten days from the date of filing of application.

1.1. The resolution of Central Election Commission of the Udmurt Republic of February 13, 2004 to N 180.5 citizen E. G. Odiyankovukandidat in Presidents of the Udmurt Republic for violation in case of the conclusion of the contract for delivery of propaganda printed materials of requirements of Item 8.1 of the Instruction about procedure for opening and maintaining special election accounts, accounting of means of the election funds and the reporting under these means in case of elections of the President of the Udmurt Republic (N 166.4) is approved by the Resolution of Central Election Commission of the Udmurt Republic of December 29, 2003 the warning of need of observance of procedure for expenditure of means of the election fund is issued.

Illegal the Supreme Court of the Udmurt Republic the decision of March 1, 2004 left E. G. Odiyankov's statement for recognition of the resolution of Central Election Commission of the Udmurt Republic without satisfaction in view of absence of proof of violation of its voting rights. The judicial board on civil cases of the Supreme Court of the Russian Federation considering case in cassation procedure, having established discrepancy of conclusions of Trial Court to the facts of the case and having regarded the issued warning as violation of the principle of equality of candidates and the voting rights of E. G. Odiyankov, determination of April 22, 2004 cancelled the specified decision. At the same time, however, proceeedings were stopped in connection with the expiration of the terms of consideration of the applications provided by article part two 260 GPK of the Russian Federation about protection of the voting rights which as specified court, are preclusive and are not subject to recovery. The judge of the Supreme Court of the Russian Federation determination of August 9, 2004 refused to E. G. Odiyankov reconsideration of the case according to the procedure of supervision in view of legitimacy of suit abatement by cassation instance.

In the claim in the Constitutional Court of the Russian Federation the citizen E. G. Odiyankov claims that the paragraph one of part two of Article applied in its case 260 GPK of the Russian Federation (in edition of the Federal Law of November 14, 2002) in that measure in what in the sense given it by law-enforcement practice it excludes possibility of consideration by courts of statements for protection of the voting rights in essence after fixed terms, limit the right to judicial protection affirmed in article 46 of the Constitution of the Russian Federation.

1.2. As appears from Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", according to claims of citizens to violation of constitutional rights and freedoms the Constitutional Court of the Russian Federation checks constitutionality of the normative provisions which are subject of the address which were applied in the case of the applicant and affect its constitutional rights and freedoms.

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