Constitutional Court resolved to reduce the term of office of the current convocation of the State Duma – the Russian newspaper

The Constitutional Court of the Russian Federation authorized the reduction of the term of office of the State Duma of the Russian Federation and one-time postponement of the date of the elections. However, as highlighted in a decision officially proclaimed yesterday in the Senate Square, it concerns only the current convocation of the parliament and only elections in 2016.

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The interpretation of Articles 96 and 99 of the Russian Constitution, which define the period of the election of deputies of the State Duma in five years, and describe the procedure for termination of office of the deputies of the previous convocation it took after the lower house of parliament in June passed the first reading of a bill to postpone the election in the single day of voting. In 2016, elections will be held in September, regional authorities and local government, and the combination of election campaigns will increase the activity of the electorate and reduce the costs of holding them, believed in the Duma – including due to warm weather and length of daylight. The term of office of the current deputies will be reduced by almost three months, but three parliamentary factions – the Party “United Russia”, “Fair Russia” and the Liberal Democratic Party – thought it was justified “in constitutionally significant purposes”.

– cling to the days – frivolous, unprofessional and counterproductive – I explained yesterday that the position of the State Duma representative to the Constitutional Court of the Russian Federation Dmitry Vyatkin, who was represented at the hearing and the position of “United Russia”.

However, the Communist Party has opposed this initiative, referring to voters who delegated MPs mandate of five years, rather than four and a tail. The Federation Council considered it necessary to seek clarification in the highest legal authority of the country.

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In the discussion of the problem at the Constitutional Court judges took two days. Later, in response to journalists’ question whether they had to work overtime, the judge rapporteur Sergei Knyazev joked that “the night is now in St. Petersburg white, and it’s easier to work”.

Constitutional Court specifically stated that under normal circumstances, he should refrain from interpreting the Constitution of the Russian Federation in a situation where the State Duma is the legislative process and the request for interpretation is basically an attempt to obtain a preliminary assessment of the constitutionality of specific provisions of the bill. However, in this case the Constitutional Court “is not entitled to refrain from removing discovered uncertainty by interpreting the Constitution, especially if the author acts prompted the Federation Council, which will consider the approval of the law, if adopted by the State Duma”.

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After examining the arguments of the parties, the judge came to the concluded that a reduction in the term of office of deputies of the State Duma possible, but only in exceptional cases and under strict observation of a number of conditions and requirements. In particular, the decision must be made in advance, so as not to influence the election campaign and to eliminate “arbitrary restrictions of political competition in elections.” In addition, the transfer date of the elections should not lead to a breach of the constitutional principle of continuous activity of the State Duma, or lead to a retreat from the elections at reasonable intervals. Finally, and most importantly, the reduction should be small – “so that the decision to reduce the actually questioned the five-year period of office of the Duma,” said Knyazev. However, specific parameters – it is a term considered negligible – hours days and months of the COP still does not have.

– That you will not find in the Constitution, respectively, and the COP is also to discover that there could not – said the judge . – The Court interprets the provisions of the articles of the Constitution of the Russian Federation, but not their own rule-making, so I just could not set specific in their absence in the Constitution.

However, according to Sergei Knyazev, “COP still asked the federal guidelines legislator, he is obliged to comply. ” In the current situation, when the reason for the interpretation of articles of the Constitution of the Russian Federation served as a specific law, the State Duma, as planned, rightfully can transfer progolosovatza elections in September 2016 in the second and third reading.

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