On Monday, the Constitutional Court has considered the request of the Federation Council on the interpretation of articles of the Constitution establishing the terms of office of the State Duma deputies. Appeal to the Constitutional Court was sent in connection with an initiative to postpone the parliamentary elections in December 2016 on the third Sunday of September. The judges will make a decision soon. The verdict will be beneficial for the government, said the expert.
On Monday, the Constitutional Court held a meeting about a possible postponement of elections to the State Duma in December 2016 on the third Sunday of September. As already reported, “Times”, the corresponding bill passed first reading.
We advocate for postponement of the vote of the representatives of the Russian parliament had no doubt that such a decision is not contrary to the Basic Law of the Russian Federation. The same position was taken by the representative of the president of the Constitutional Court, Mikhail Krotov.
The Chairman of the Federation Council Committee on Constitutional Legislation Klishas meticulously expounded the view that ” a literal reading of the Constitution “does not give a direct indication may or may not significantly reduce the powers of the deputies. Moreover, according to the senator, the article 99 of the Constitution has laid the possibility of discrepancy “calendar” and “real” terms of the parliament. Part 4 of the relevant rules implies that the president can convene a new parliament earlier than envisaged by the same rate of thirty days after the election. And from that moment cease and powers of the deputies of the previous convocation.
In addition, a senator and the other speaker in favor of postponement of elections in September, rests on the fact that, in practice, the State Duma elections, and so were all the time with a slight shift in one direction or another for a few days. Another argument that sounded from the transfer of supporters is the fact that, according to the law, elections are held on the first Sunday of the month in which the term of office expires lower house of parliament, and not in any particular date.
The political motivation of the decision substantiate speaker faction “Fair Russia” deputy Alexander Tarnavskiy.
According to the MP, the transfer of the election for the third Sunday of September will lead to the fact that the elections will “rational voter” tuned vote “businesslike”: “December is bad that citizens are more irritated than usual, and in September they had not yet departed from the rest of euphoria ».
The representative of the” United Russia “Dmitry Vyatkin, who is also the representative of the State Duma in the Constitutional court, addition to the said colleague has referred to the decision of the COP in 1996 and 1997 in which the Court affirmed “the right of the legislator to establish the date of the election and the election of both federal and government entities and local authorities.” “And the date of election determined by the maximum term of office,” – said the deputy.
Judge of the Constitutional Court, Konstantin Aranovskiy at some point even asked to explain the present, why would they turn to the Constitutional Court, if you believe that the planned transfer of elections is possible without his verdict: “What’s stopping you make these decisions without recourse to the Constitutional Court? And if you are applying, then what are the doubts? »
« Never timing of the election did not move on a monthly basis “, – said Klishas.
«Tell me, please, what happened to this, which is why we reject the previously adopted by the State Duma and change the law?” – Asked the judge Yuri Rudkin.
Tarnavskiy said that his faction did not happen: “We have not changed the opinion that it is necessary to choose such a day, to a maximum number of participants could take part in elections. The proposed date is now in the Duma increasingly meet our expectations. ”
Against the postponement of elections made only representative of the Communist Party Yuri Sinel’shchikov. Later, he said “Gazeta.ru” that never got in the meetings of the COP responses to their arguments.
According to him, even if you close your eyes to the violation of the Constitution in terms of reducing the powers of the deputies, in any case, violated the “right people”, which is elected by the parliament: “If we postpone the election then through the convening of the people to understand, what the powers of the deputies they vote for, “- said a Communist.
After the questions raised by the judges, Constitutional Court Chairman Valery Zorkin said that a decision on the request SF Court will consider behind closed doors. Based on how quickly the COP scheduled a hearing on the request – the document was sent to the court last Tuesday – a verdict will almost certainly be expected in the coming days. Especially when you consider that the second reading of a bill to postpone the elections scheduled for next Friday already.
Communist Sinel’shchikov believes that if the COP allow the transfer of the election, the whole political system Russia will be “unstable”. In the future, we may be faced with translations to new terms for the election of the State Duma and other authorities.
Doctor of Law, Professor of Moscow State Law Academy Galina Sadovnikov says it is not worried about the expected transfer of the current elections, and that in the event of approval by the court of the constitutional term of office is no longer a constant.
«If it is possible to hold elections three months earlier, it is possible to find arguments that future transfer them to a year and a half, or to spend them later”, – the expert believes.
One of the authors of the Constitution Sheynis Victor believes that the current argument of the supporters of the transfer of the parliamentary elections “unconvincing”: “argument no.” At the same time he is confident that the Constitutional Court will decide, favorable government: “The judges are likely to listen to what he says the administration (of President. -” Times “).”
Sheynis argues that the Constitutional Court is sufficiently “sophisticated lawyers” who know how to interpret the law in the right direction the authorities.
In particular, He cites as an example the decision of the COP in 2005, in which the judge actually confirmed the constitutionality of the abolition of direct elections of governors. Thus in 1996, the court shall issue a similar question directly opposite decision.
No comments:
Post a Comment