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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 13, 2017 No. 11-P

On the case of check of constitutionality of part 2 Articles 40, parts 10 and 11 of article 42 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation", Items 2 and 3 of part 1 of Article 128 and part 10 of article 239 of the Code of administrative legal proceedings of the Russian Federation in connection with the claim of citizens I. L. Trunov and M. V. Yurevich

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, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of part 2 Articles 40, of parts 10 and 11 of article 42 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation", Items 2 and 3 of part 1 of Article 128 and part 10 of article 239 of the Code of administrative legal proceedings of the Russian Federation.

Reason for consideration of the case was the claim of citizens I. L. Trunov and M. V. Yurevich. 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 applicants of legislative provision.

Having heard the message of the judge-speaker S. D. Knyazev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the Federal Law of February 22, 2014 No. 20-FZ "About elections of deputies of the State Duma of Federal Assembly of the Russian Federation" in one single-candidate constituency the political party has the right to propose only one candidate (part 2 Articles 40); the refusal basis in assurance of the federal candidate list, candidate list on single-candidate constituencies violation of this Federal Law of procedure for promotion of the federal candidate list, the candidate list provided by Articles 39 and 40 on single-candidate constituencies is, in particular, (part 10 of Article 42); decisions of Russian Central Election Commission on refusal in assurance of the federal candidate list, about refusal in assurance of the candidate list on single-candidate constituencies or about the candidate's exception of the corresponding list can be appealed by political party, the candidate for the Supreme Court of the Russian Federation within 10 days from the date of adoption of the appealed decision; the specified term is not subject to recovery (part 11 of Article 42).

According to part 1 of article 128 of the Code of administrative legal proceedings of the Russian Federation if other is not provided by this Code, the judge refuses adoption of the administrative action for declaration including cases if the administrative action for declaration is submitted to protection of the rights, freedoms and legitimate interests of other person by public authority, other state body, local government body, the organization, the official or the citizen which by this Code or other Federal Laws are not granted such right (Item 2) and also if from the administrative action for declaration about contest of regulatory legal act, the act which is containing explanations of the legislation and having normative properties, the decision or action (failure to act) does not follow that this act, by the decision or action (failure to act) are broken or otherwise affect the rights, freedoms and legitimate interests of the administrative claimant (Item 3).

Part 10 of article 239 of the Code of administrative legal proceedings of the Russian Federation determines that with the administrative action for declaration about contest of the decision of the electoral commission on assurance of the candidate list, about refusal in assurance of the candidate list, about registration of the candidate, the candidate list, about refusal in registration of the candidate, the candidate list can appeal to court the electoral commission which registered the candidate, the candidate list, the candidate, the electoral association concerning which such decision, the candidate registered on the same constituency, the electoral association which candidate list is certified or registered on the same constituency is passed.

1.1. The citizens I. L. Trunov and M. V. Yurevich disputing constitutionality of the called legislative provisions by the decision of congress of political party "Russian Party of Pensioners for Justice" were proposed as candidates on single-candidate constituencies at the State Duma elections of the seventh convocation appointed to September 18, 2016. However their further participation in the election campaign in this quality, including the notification of the relevant district electoral commissions on the taken place promotion, was impossible as by the resolution of Russian Central Election Commission of July 19, 2016 to No. 25/243-7 of the political party which pushed them it was refused assurance of the candidate list on single-candidate constituencies on the ground that according to this list in three single-candidate constituencies - in defiance of part 2 of article 40 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" - about two candidates in everyone were pushed. Established by the called Federal Law of nomination procedure on single-candidate constituencies Russian Central Election Commission saw violation also in the found discrepancy between the protocol which drew up the solution of party convention on promotion of candidates on the single-candidate constituencies in number of 166 people and attached to it by the list containing personal data of 169 candidates.

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