Photo: Oleg Yakovlev / RBC
The hearing took place in record time and took only a week: June 24, Senators sent a request to the court on June 29, the Court held a public hearing, and two days later announced the decision. As a rule of a complaint to the Constitutional Court before the announcement of solutions take months. The request asked the senators to explain the high judges, would not it be a violation of the elections to the State Duma a few months before the expiration of the 5-year period specified in the Constitution.
The Constitutional Court concluded that the departure from the 5-year period established in the Constitution, and is now allowed in some cases: in the event of the dissolution of the Duma, the President, martial law or in the appointment of the repeated elections. And the law does not rule out the difference of real and statutory deadlines for achieving the constitutionally significant goals, the judge concluded. Such a purpose to be the transfer date postponement of elections on a single day of voting, according to the COP. Such a decision could lead to positive results: increased turnout will and achieved budget savings.
At the same time the COP noted that the reduction of the powers of the State Duma – an extraordinary measure that should not be used regularly. A discrepancy in the timing should be minimal.
The State Duma has passed the first reading of a bill to postpone the election to the Duma VII convocation on a single voting day, September 18, 2016. The initiative was introduced three leaders of the faction “United Russia”, “Fair Russia” and the Liberal Democratic Party. According to the law, elections to the State Duma held the first Sunday of the month in which the deadline of its powers, the date of the next election should fall on 4 December 2016.
In support of the postponement of elections in the court were almost all participants of the meeting: Senators Klishas and Alexei Alexandrov, a representative of the State Duma United Russia deputy Dmitry Vyatkin, an MP from the party “Fair Russia” Alexander Tarnavskiy and a representative of President Mikhail Kotov. They all insisted that the five-year period set by the Constitution, in order to ensure turnover of thought and determine the maximum operating time of the convocation, and can not be observed without errors.
«The difference between the calendar period and the term of office will in any case – whether months, days, hours or minutes. Full match can not be “, – he convinced the court Klishas. According to him, all the previous elections were held a few days earlier or later than the expiration of the allotted term. 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 period.
Deputy Tarnavskiy pointed out in turn that the holding of elections in September will increase turnout population, as in this, the country is more favorable weather. “December is bad because of the weather, we did the Nordic countries. From the point of view of common sense, the date of the third Sunday of September, more preferred. The country also needs a voter who can come to vote, “- said Tarnavskiy.
If the elections will be held in the fall, they do not coincide with the acceptance of the country’s budget for next year, said the deputy Vyatkin and pointed out that while the budget will plan the convening of a new thought, but not one that completes the job.
Against such an interpretation of the law in the court acted only MP from the Communist Party Yuri Sinel’shchikov. “The law stipulates that the thought of 5 years instead of 4 years and 9 months – appeared Sinel’shchikov. – If the Constitutional Court upheld the transfer, with the stability of the 60-month period is over, the Parliament will be able to postpone the election. ” Sinel’shchikov noted that now the law provides only small differences in the dates of the elections to six days.
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