The Constitutional Court on Monday considered the request of the Federation Council to postpone the election to the State Duma VII convocation of a few months before the expiry of its mandate. In support of the representatives of both houses of parliament and the president. They pointed out that the transfer date of the vote in December to September 2016 will provide a high voter turnout, and will not combine the holding of elections simultaneously with the budget planning for the next year.
Against the transfer expressed only representative of the Communist Party of Yury Sinel’shchikov, stating that such an interpretation of the Constitution will allow in the future to shift the date of the election. LDPR faction did not participate in the hearing, but had previously been among the sponsors of the law to postpone the date of the vote.
Calendar error
The meeting of the COP took place in five days, after the Council of the Federation has sent the court a request to clarify the situation prescribed in the Constitution, that the term of office of the deputies of the State Duma shall be five years and will not in this case a violation of the Basic Law of the early termination of the work of the lower house in the next year.
The State Duma passed a bill to postpone the parliamentary elections of December 4 to 18 September 2016 in the first reading on June 19. The initiative was included leaders of the three factions – Vladimir Vasiliev of the “United Russia” Sergei Mironov of “Fair Russia” and the Liberal Democratic Party of Vladimir Zhirinovsky. Not the past, none of the amendments prepared by the deputies, including the deprivation of Deputies nepereizbravshihsya benefits and guarantees that according to the draft laws remain with them until the expiration of the term of the current legislation, that is, until December 2016. The second reading of the bill is scheduled for July 3.
At the hearing, Senator Andrei Klishas pointed out that the five-year term, indicated in the Constitution, and now is not unconditional. He recalled that the Duma I convocation elected just two years, the Duma II to V convocation – four years, and only last convocation deputies have the authority for five years – the period of their work was increased amendments to the Constitution proposed in 2008 by President Dmitry Medvedev .
«The difference between the calendar period and the term of office would in any case, whether the months, days, hours or minutes. Full match can not be “, – he convinced the court Klishas. He gave several examples. Thus, the elections to the Duma III convocation held two days later the term for which it was elected, the elections to the Duma IV convocation – 12 days before the Duma of the V convocation – five days earlier, and the Duma of the VI convocation – two days later .
In addition, the senator pointed out earlier, the Constitutional Court has already expressed a position on the regional elections and the elections of local self-government, allowing to deviate from the calendar date. Now the Federation Council raises the question, is it permissible to take a position with respect to federal elections, spoke Klishas.
Budget and climatic reason
On behalf of the Duma majority to support the transfer of the election spoke United Russia deputy Dmitry Vyatkin. At the meeting, he spoke as a representative of the State Duma and the Constitutional Court and his faction. Vyatkin insisted that in the interests of voters and deputies to postpone the election to a single day of voting in September. Then they will be held before and not coincide with the adoption of the country’s budget for next year. The MP noted that in this case the budget will already be planning Duma deputies of new convocation, not that quits.
From the “Fair Russia” defended the idea of transferring the election, Alexander Tarnavskiy. “December is bad because of the weather, we did the Nordic countries. From the point of view of common sense date third Sunday of September more preferred. The country also needs a voter who can come to vote, “- he said.
The last of the defenders of the law took the word of the president, Mikhail Krotov. He insisted that the five-year period set by the Constitution to determine the maximum operating time of convocation and to ensure turnover of the lower chamber.
«The electoral cycle is not the same value, it is impossible to take into account the number of months, days, and they Leap Years “- back to the thesis Krotov Klishas of calendar errors. He insisted that the transfer of the election will not lead to a lack of continuity of the State Duma.
«Then, in keeping with each subsequent convocation may change the date of the next election?” – Asked the judge a question Krotov. I think yes. But only in the direction of decreasing, “- said the representative of the president. An increase in the term of office, according to Krotov, is only possible if the Duma elections, for whatever reason, were not organized in time.
Communists against
«The law establishes that the Duma is valid for five years instead of four years and nine months,” – said the representative of the Communist Party Yuri judges Sinel’shchikov. He only spoke at a meeting of the COP against the postponement of elections, speaking after Vyatkina.
«For the Communist Party in 2011, 13.5 million voters voted. And nobody asked, and if they agree to the terms of their elected representatives would now be reduced? “- Outraged Sinel’shchikov. He noted that the CIS Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms, ratified in 2002, prohibits act calling for the postponement of the elections. Article 6, which prescribes mandatory rule and periodicity of elections, indicates that the terms of office of elected bodies established by the Constitution of the signatory countries and may be changed only in accordance with their order.
The small differences in the dates of the elections to six days, and so provided by law, noted Communist. “If the Constitutional Court upheld the transfer, with the stability of the 60-month period is over, the Parliament will be able to carry the elections”, – concluded the deputy. But if we change the date of elections, only on November 7 dialectically Sinel’shchikov offered his own version, explaining that when the term of office will be reduced for a month.
After hearing the parties, the Chairman of Constitutional Court Valery Zorkin announced that the decision on the the court will request a closed meeting. Date of announcement is not appointed yet, but probably it will be made this week.
No comments:
Post a Comment