On behalf of the Russian Federation
of December 16, 2014 No. 33-P
On the case of check of constitutionality of number of provisions of Items 17 and 18 of article 71 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" and parts 3 and 4 of article 89 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" in connection with the claim of the citizen N. V. Goncharov
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, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,
with participation of representatives of the citizen N. V. Goncharov - Candidate of Law Sciences G. G. Zagaynova and the lawyer O. A. Polikarpova, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, 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",
Reason for consideration of the case was the claim of the citizen N. V. Goncharov. 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 N. S. Bondar, 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. B. Hamenkov, 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 - N. A. Kulyasova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 17 of article 71 of the Federal Law of June 12, 2002 No. 67-FZ "About basic guarantees of the voting rights and the participation rights" can be provided by the law in referendum of citizens of the Russian Federation that the registered candidate included in the candidate list in deputies of representative body of the public power having the right to participate in replacement (obtaining) of deputy mandates no more than two times. Item 18 of the same Article contains the exhaustive list of cases when the registered candidate included in the candidate list allowed to distribution of deputy mandates or for the candidate list to which deputy mandates in accordance with the legislation of the Russian Federation are transferred is excluded from the specified list.
According to part 3 of article 89 of the Federal Law of May 18, 2005 No. 51-FZ "About elections of deputies of the State Duma of Federal Assembly of the Russian Federation" the registered candidate included in the federal candidate list in deputies of the State Duma allowed to distribution of the deputy mandates having the right to participate in replacement (obtaining) of deputy mandates no more than two times. Part 4 of the same Article establishes cases when the registered candidate of the State Duma included in the federal candidate list allowed to distribution of deputy mandates is excluded from the specified list.
1.1. The citizen N. V. Goncharov challenging constitutionality of the called legislative provisions appealed to the Supreme Court of the Russian Federation with the statement for recognition the illegal, breaking established procedure of transfer of vacant deputy mandates and its right to be elected to public authority of the resolution of Russian Central Election Commission of November 13, 2013. The mandate of the deputy of the State Duma which became the citizen M. of powers of the deputy of the State Duma, vacant in connection with early termination, was transferred by this resolution to the citizen Yu. P. Ema who was part of regional group of the federal candidate list allowed to distribution of deputy mandates at number 2. N. V. Goncharov who entered the same regional group at number 8, referring to regulations of the electoral laws, claimed that the Russian Central Election Commission should have transferred it the vacant deputy mandate as Yu. P. Em, earlier already receiving deputy mandate and which voluntarily resigned from himself deputy authority could not remain in the list of the registered candidates and apply repeatedly for replacement of the deputy mandate.
Transfer of the supervising claim of N. V. Goncharov to the specified court decrees for consideration in judicial session of Supervisory Court it was also refused (determination of the judge of the Supreme Court of the Russian Federation of July 4, 2014).
According to the applicant, the challenged legislative provisions owing to the uncertainty allow unreasonable leaving in the federal candidate list in deputies of the State Duma of those registered candidates who, having received the deputy mandate, subsequently voluntarily resigned of the deputy, and allow to transfer them vacant mandates in the presence in the corresponding regional group of the federal list of other registered candidates to whom the mandate was not transferred yet, than put the registered candidates in unequal position, and therefore contradict the Constitution of the Russian Federation, including its Articles 19 and 32 (parts 1 and 2).
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