Progress Party Alexei Navalny has registered 44 regional offices, and thus won the right to participate in elections, said her lawyer Dmitry Krainev. In turn, the Ministry of Justice recognizes the registration of only 19 offices, said a source in the department. The electoral law there is a legal vacuum, the expert said, so in any case litigation between supporters Navalny and the Ministry of Justice will continue.
The official registration of the Progress Party (PP) has received 25 February 2014, although Alexei Navalny himself three days later was placed under house arrest. To register “not burned,” according to the law in the next six months, the Party had to register regional offices in more than half of the subjects of Russia (that is, at least in the 43′s). According to the lawyer Dmitry Krainev Party, on Thursday PP received last, 44th, registered in Chuvashia.
Now, Navalny supporters declare their intention to participate in the elections at all levels, ” If the Ministry of Justice did not come up with something again ».
Position Justice
Source” Gazety.Ru “in the Ministry of Justice stated that now they can deduct only 19 branches, which the party had time to register for the six months allotted by law. Expired on 25 August. The remaining regional offices or registered after, or on their registration are lawsuits. In total, according to a source in the Ministry of Justice is currently litigation underway in 30 subjects.
In some cases, says the source, the following situation: the separation had been denied registration, the decision was challenged in court, parallel to party members eliminate the violation, based on which they have been denied registration, and again applied for registration. Offices have been reported, but the courts in this case continues. “And until the verdict, we can not consider separating registered,” – said the source, “Gazety.Ru».
According to him, the trials will be completed no earlier than November: and then it will be possible to draw final conclusions – if they have the required amount of the Progress Party registered offices or not.
The simple math shows that in order to get the coveted number “43″, the Progress Party has to win Justice at least twenty-four of the thirty trials. Source in the department argues that while representatives Navalny managed to win only one region – St. Petersburg.
«Violations on the basis of which the party is denied the most basic. For example, to apply for registration as a “Progress Party”, and as the basis for submission of documents specified decision of the Congress “People’s Alliance” (as Alexei Navalny wanted to call his political power initially – “Times”). Or – as the authorized person in the party documents named Vladimir Ashurkov (Executive Director of the fight against corruption, the federal wanted list – “Times”), when in fact he is not authorized for a long time. In some cases, reference is invalid passport details of members of the regional offices, and so on, “- said the source,” Gazety.Ru ».
The position of the Progress Party
Lawyer Party Dmitry Krainev told “Gazeta.ru” that the PP faced numerous refusals of registration offices in the Ministry of Justice. By the end of September, they have accumulated more than 160, in some subjects at the reception refused to five times. According to him, the agency found fault with the minor formalities like a missing space in the text.
Litigation in courts Krainev called insurance reviews from federally licensed party and announced his intention to appeal to the ECHR, if PP will not allow the elections.
, strongly disagrees with the Ministry of Justice in that the term given to the registration offices, finally expired on 25 August. According to him, the agency did not consider paragraph 7 of Article 15 of the law “On political parties”, according to which the registration period may extend to two cases: if the Ministry of Justice has suspended the registration of at least one compartment; and if the decision to refuse the registration of a branch appealed in court, and the verdict is not in force at the time of the expiration of the notorious six-month period. Similar examples in “Progress Party” is enough.
«Once the party has continued to record department, then the terms extended not only to the management of the courts, but also in all the activities. A formal confirmation has extended registration deadlines regional offices there – we have nobody canceled the federal license. We can not revoke the license. The only basis for the liquidation of the party – not the solution to the Ministry of Justice, and only the decision of the Supreme Court, “- concludes Krainev.
According to the lawyer, the party required to prevent the elections. According to para. 2 tbsp. 36 of the same law, the party can participate in the elections with the date of the certificate of state registration offices not less than half of the subjects. “Progress Party” such documents are provided, additional authorization of Ministry of Justice is not required, according to the lawyer. “I see no legal opportunities keep us before the elections,” – says Krainev.
Krainev said that waiting on the agency’s official refusal, not oral comments from anonymous sources in the media.
If any problems with the registration will still be resolved, Navalny supporters plan to fight for a place on all levels: in the municipalities, regional zakcobraniyah, and in the future – to participate in the gubernatorial election.
register if the party?
President of the Foundation “St. Petersburg politician” Mikhail Vinogradov believes that it is in power such tactics, “not to conclude peace – war not to».
«Navalny not to plant – but not to grant advances. So, most likely, or refuse, suspend or theme. Bulk only one of the prominent opposition politician intuitionist players. And it makes it a competitive advantage a public competition with him more uncomfortable. Even if he did not grow up – to bring down the rest of the ratings can be, “- explains the analyst.
The head of the legal service of the KPRF Duma Deputy Vadim Solovyov expressed surprise why so many supporters Navalny problems with registration, although it has 75 registered political parties. From his point of view, to qualify lawyers Navalny “head and shoulders above” those who are engaged in “spoylerskimi” projects like the modern Communist Party and “Communist Russia».
«My practice of 20 years in the political jurisprudence shows that our justice is politicized in the extreme. I have a skeptical attitude to the fact that the courts may decide in favor of the party Navalny, if the team not to register has passed, the courts will take a salute “- believes Soloviev.
Registration Problems arose not only from the Party progress, says political scientist Alexander Pozhalov: “The Ministry of Justice refused to register many, just that these cases do not attract the attention of the media».
According to him, the supporters of Navalny is not really interested in the fact that they are now registered ” I think we are dealing with the tactics maximum politicization of the process. After initial denials of registration in the regions of the party could go two ways: either re-conduct the conference offices or start to sue the Ministry of Justice. Representatives of the “Progress Party” started litigation. But the lawsuit – it is always long. And in this case, the six months allotted for registration are very small period ».
« Now between the ministry and the “party of progress” there was a dispute as to interpret the law in that part of , where he talks about extension of time set aside for registration. In my opinion, in this case the law is a legal vacuum, which revealed only now. This will be the subject of litigation, “- said Pozhalov.
According to him, the supporters of Navalny are meant to reach the ECHR, to the Duma elections in 2016 to obtain a decision in his favor, and thus be properly registered. In this case, “Progress Party” kills two birds with one stone: “Firstly, it allows regional elections next year, which would become known for their failures. Secondly, having received the decision of the ECHR, the party will be able to participate in the Duma elections. If the decision of the ECHR in 2016 will not be, or it would not be in their favor, I think, there will be an infusion of supporters Navalny in RPR-Parnassus ».
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