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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 22, 2010 No. 14-P

On the case of check of constitutionality of the subitem "an" of Item 1 and the subitem "an" of Item 8 of article 29 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 A. M. Malitsky

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman - the judge V. G. Yaroslavtsev, judges K. V. Aranovsky, N. S. Bondar, G. A. Gadzhiyev, S. D. Knyazev, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin,

with participation of the citizen A. M. Malitsky, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, 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 case on check of constitutionality of the subitem "an" of Item 1 and the subitem "an" of Item 8 of article 29 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" in open session.

Reason for consideration of the case was the claim of the citizen A. M. Malitsky. 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 S. D. Knyazev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation V. N. Pirozhkov, from Russian Central Election Commission - V. P. Volkova, from the Ministry of Justice of the Russian Federation - V. V. Karpova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Commissioner for Human Rights in the Russian Federation - V. K. Mikhaylova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to article 29 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" members of the electoral commissions, commissions of referendum with the right of casting vote cannot be the faces which do not have citizenship of the Russian Federation and also the citizens of the Russian Federation having nationality of foreign state either the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state (the subitem "an" of Item 1); powers of the member of the electoral commission, the commission of referendum with the right of casting vote stop immediately in case of loss by the member of the commission of citizenship of the Russian Federation, acquisition of nationality of foreign state by it or receipts by it of the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state (the subitem "an" of Item 8).

1.1. According to the offer of Regional department of political party "The Russian United Democratic Party "Yabloko" in the city of Moscow the applicant on this case citizen A. M. Malitsky the decision of the Moscow City Elections Commission of December 7, 2006 was appointed the member of territorial election commission of the Area of Preobrazhenskoye with the right of casting vote.

On June 26, 2009 in the Moscow City Elections Commission arrived the notification A.M. Malitsky that since June 12, 2009 the residence permit in the territory of the Republic of Lithuania, and also minutes abstract of meeting of regional council of Regional department of political party "The Russian United Democratic Party "Yabloko" in the city of Moscow about promotion in structure of territorial election commission of the Region of Preobrazhenskoye of other candidate is provided to him.

The Moscow City Elections Commission the decision of July 9, 2009 took into consideration that powers of the member of territorial election commission of the Area of Preobrazhenskoye A. M. Malitsky are immediately stopped according to the subitem "an" of Item 8 of article 29 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation", and appointed in structure of territorial election commission of other representative which candidacy was proposed by political party "The Russian United Democratic Party "Yabloko". By the decision of the Moscow city court of August 10, 2009 left without change determination of the Supreme Court of the Russian Federation of August 24, 2009 cancellation of the decision of the Moscow City Elections Commission of July 9, 2009 to A. M. Malitsky it was refused.

1.2. According to the applicant, the interconnected provisions of the subitem "an" of Item 1 and the subitem "an" of Item 8 of article 29 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation", interfering with appointment as the member of territorial election commission with the right of casting vote of the citizen of the Russian Federation who has the residence permit in the territory of foreign state, have discrimination character in relation to such citizen, unreasonably limit its participation right in administration of the state, and therefore contradict the Constitution of the Russian Federation, its Articles 19 (part 2), 32 (part 1) and 55 (part 3).

According to Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" the Constitutional Court of the Russian Federation according to claims of citizens to violation of constitutional rights and freedoms checks constitutionality of the law or its separate provisions in that part in what they were applied or are subject to application in the case of the applicant, and accepts the resolution in the subject specified in the claim, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation or the developed law-enforcement practice and also taking into account their place in system of regulations.

Proceeding from it subject of consideration of the Constitutional Court of the Russian Federation of this case are the interconnected provisions of the subitem "an" of Item 1 and the subitem "an" of Item 8 of article 29 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" in the part depriving of the citizen of the Russian Federation who received the residence permit in the territory of foreign state, opportunity to be member of territorial election commission with the right of casting vote.

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