Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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",

considered case on 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 open session.

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 disputed 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

established:

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 substitution (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 substitution (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.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.