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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 11, 2008 34-P

On the case of check of constitutionality of the subitem "l" of Item 25 of article 38 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" and Item 10 of part 9 of article 41 of the Law of the Vologda region "About elections of deputies of General Court of the Vologda region" in connection with the claim of public association "Political party Union of Right Forces

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, N. V. Melnikov, A.YA. Plums, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

with participation of the representative of public association "Political party Union of Right Forces - the lawyer V. Yu. Prokhorov, the representative of the State Duma - Candidate of Law Sciences D. D. Tsabriya, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation Yu. A. Sharandin, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the representative of General Court of the Vologda region and the governor of the Vologda region - the lawyer L. G. Alekhicheva,

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 in open session case on check of constitutionality of the subitem "l" of Item 25 of article 38 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" and Item 10 of part 9 of article 41 of the Law of the Vologda region "About elections of deputies of General Court of the Vologda region".

Reason for consideration of the case was the claim of public association "Political party Union of Right Forces. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation challenged by the applicant of legislative provision.

Having heard the message of the judge-speaker B. S. Ebzeev, explanation of agents of the parties, speech of the representative from Russian Central Election Commission V. P. Volkov invited in meeting, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to the subitem "l" of Item 25 of article 38 of the Federal Law of June 12, 2002 N 67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation" (in edition of the Federal Law of July 21, 2005 N 93-FZ) the refusal basis in registration of the candidate list pushed by the electoral association - political party, is disposal of candidates therefore the number of regional groups of candidates in the candidate list appeared less established by the law.

The law of the Vologda region of June 9, 2003 N 909-OZ "About elections of deputies of General Court of the Vologda region" (in edition of the Law of the Vologda region of October 25, 2006 N 1503-OZ) provides in Item 10 of part 9 of Article 41, that the refusal basis in registration of the regional candidate list is disposal of candidates therefore the number of regional groups of candidates in the candidate list appeared less the stipulated in Clause 34 these Laws (i.e. disposal of all candidates at least from one regional group).

1.1. By the resolution of the Electoral commission of the Vologda region of February 2, 2007 to the electoral association "Political party Union of Right Forces it was refused registration of the regional candidate list pushed by it in deputies of General Court of the Vologda region on elections on March 11, 2007 on the ground that all three candidates included in it were disposed from one regional group of candidates and as a result the number of regional groups in the regional candidate list of this electoral association was one less, than it is required according to article 34 of the Law of the Vologda region "About elections of deputies of General Court of the Vologda region" according to which in the regional candidate list there shall be 17 regional groups of candidates, each of which includes at least three candidates (Item 8), thus that total number of the candidates proposed by the electoral association on the regional constituency cannot exceed 60 people (Item 10).

The Vologda regional court the decision of February 22, 2007 left without change determination of the Supreme Court of the Russian Federation of March 7, 2007 refused to illegal recognition of the resolution of the Electoral commission of the Vologda region, having referred to provision of Item 10 of part 9 of article 41 of the Law of the Vologda region "About elections of deputies of General Court of the Vologda region" and on similar as counted court, provision of the subitem "l" of Item 25 of article 38 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation".

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