Tuesday, June 30, 2015

The Constitutional Court examined the transfer of the State Duma elections – Radio Liberty

The Constitutional Court has considered the request of the Federation Council to postpone the elections to the State Duma.

In article 96 of the Russian Constitution states that Parliament shall be elected for a term of 5 years. The bill to postpone the parliamentary elections on December 4, third Sunday of September, was adopted by the State Duma in the first reading on June 19. And on June 24, the Federation Council appealed to the Constitutional Court with a request for the interpretation of paragraph 1 of Article 96 and Parts 1, 2 and 4 of Article 99 of the Constitution of the Russian Federation.

Senators want to know – whether the acceptable from the standpoint of the Constitutional Court deviations for several months by a five-year term of office of deputy “to the constitutionally significant purposes.” Despite the fact that the Council of the Federation asks whether the federal legislator once slightly reduce the term of office of the State Duma of the current convocation, the judges at the meeting repeatedly refined, whether on a single postponement, or the fundamental possibility of their transfer Due to these or other circumstances. Also specifies what still postpone the election.

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Dmitry Vyatkin

plenipotentiary representative in the Constitutional Court of the State Duma Dmitry Vyatkin said: “Bill the postponement of the elections in the State Duma introduced three factions – the “United Russia”, LDPR and “Fair Russia”. 3rd Sunday of September is defined as a single day of voting, based on the time of the budget process, the necessity of the newly elected representative body adopt the budget. In addition, because the elections are still not the same every year, by date, as held on Sunday. The holding of elections to the Duma in a single day of voting in September will provide an opportunity to avoid the combination of adoption of the budget and the active phase of the campaign, which will involve a significant number of existing deputies. The Constitution says that the powers of the State Duma of the previous convocation shall expire only with the start of authority of deputies of new convocation ».

Russian presidential representative in the Constitutional Court, Mikhail Krotov said that the postponement of the elections does not violate either the Constitution or the rights of citizens, and On the contrary, it helps to “engage in the reign of the country’s most creative.” “This technical amendment will entail a reduction of powers of deputies only the VI convocation, all subsequent convocations will be elected at the end of the constitutional term of five years, which will expire in September. That is the amendment has a specific nature – it can be applied only once, “- said Krotov.

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Yuri Sinel’shchikov

The MP State Duma from the Communist Party Yuri Sinel’shchikov contrast, considers unfounded the arguments of those who favor the legality of the transfer to the State Duma elections: “This legislative initiative is not consistent with the Constitution and is not consistent on the merits. First of all, part 1 of Article 96 of the Constitution established that the State Duma is elected for five years instead of 4 years and 9 months, as suggested by the authors of the bill. Reduction of time can only be done by amending the Constitution. But these changes can not affect the term of office of the current deputies: reducing the time and if possible, only with respect to future convocations of the State Duma. The voter before the election should know for how long he elects parliament. Deputies VI convocation elected in 2011 for a period of 5 years, with the deputies from the Communist Party voted 12.5 million voters – unless someone asked them whether they agree with the fact that the term of office of elected representatives has been reduced? I do not think that the other faction has the right to refuse the mandates are not asking their voters ».

Decision on the request to postpone the election to the State Duma, the Constitutional Court declared most likely in a few days, the correspondent of Radio Liberty Tatiana Voltskaya .

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