The hearing took place in record time and took only a week: June 24, Senators sent a request to the court on June 29, he held public hearings, and two days later announced the decision. As a rule, from the receipt of the complaint to the Constitutional Court before the announcement of the decision months pass. 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 expiry of the five-year period specified in the Constitution.
The Constitutional Court concludes that the rejection of the deadline set by the Constitution, and It is now allowed in some cases, such as the dissolution of the Duma president, martial law, or the appointment of re-election. And the law does not exclude the real differences and the statutory deadlines for achieving the constitutionally significant goals, the judge concluded. Such a goal might be to move the election date to a single day of voting, according to the COP. Such a decision could lead to positive results: increase voter turnout, the budget savings will be achieved.
At the same time the COP noted that the reduction of the powers of the State Duma’s 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 included leaders of the three factions – the “United Russia”, “Fair Russia” and LDPR. According to the law the State Duma elections held on 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 of its members: Senators Andrei Klishas and Alexei Alexandrov, United Russia Duma 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, to ensure turnover of the Duma and to determine the maximum operating time of convocation, and can not be observed without errors.
«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. 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 of the population, since at this time 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 date 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 adoption of the country’s budget for next year, said the deputy Vyatkin and pointed out that while the budget will plan the new convocation of the Duma, and not the 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 Duma is valid for five years instead of four years and nine months – he spoke. – 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 also noted that now the law provides only small differences in the dates of the elections, up to six days.
COP decision was expected: former Duma Speaker Sergei Naryshkin – co-author of the project to postpone the election – told reporters that consulted with experts constitutional law in preparation initiative. He declined to say whether they were representatives of the Constitutional Court.
Communist Party regards the Constitutional Court’s decision as a purely political, not legal – it is associated with a desire to play along with United Russia in choosing the date of the vote, said RBC’s head of legal service of the party, deputy of the State Duma Vadim Solovyov. Duma federal law actually changes the Constitution, which clearly defines the term for which elected chamber; Communists will appeal the law to the Constitutional Court – he gave the interpretation of the provisions of the Basic Law applies only to 2016 and left the ground for new applications on the same occasion, Solovyov said.
The communists will fulfill the law, and will participate in early elections, but their results and appeal against the European Court of Human Rights promised Solovyov: the legal basis for a vote in September 2016, no.
The second and the third and final reading of the bill to postpone the election of the State Duma is expected to be next Friday, 3 in July, the Duma Council has included it in the agenda of the last plenary session of the spring session. Profile Committee of the State Duma’s legislation even last week recommended the adoption of the document without any corrections; after consultation with experts, it was decided not to make editorial changes, even in the article on compensation unelected in the new Duma deputies, the source said earlier committee RBC. Committee Chairman Vladimir Pligin refused to tell reporters why the Committee requests to appoint a second reading at the last plenary meeting of the spring session and did not comment on the assumption that the answer to the request of the COP on the legality of the transfer of elections may be given before the second reading of the document.
The bill guarantees the inviolability of unelected MPs, as well as giving them the right to receive parliamentary salaries, use of office accommodation in Moscow, medical insurance and other deputies’ privileges since the actual end of their term of office (approximately October 18, 2016) to December 4, 2016. According to calculations of the sponsors, the content of each monthly unelected deputy at this time will cost the federal budget more than 1.5 million rubles., And if it can not be re-elected, none of the current members of parliament, the total expenditure budget for compensation to exceed 710 million rubles.
The Legal Department of the Duma of the comments made to the provisions of the draft on compensation deputies. The wording of the draft suggests that unelected members appointed officials will be able to receive and parliamentary and bureaucratic salaries resulted from the conclusion of the Duma lawyers. At the same time members of parliament are not elected to the new Duma, but which have become regional and municipal deputies, can not get anything at all – to postpone the election law denies them the right to receive compensation in the Duma, and the work in the regional legislative assemblies and municipal councils are not always paid ( Deputies of the works without interruption from the foundation of the work). These cases are expected to provide in the draft for the second reading, but after consultation with the lawyers came to the conclusion that such issues can be addressed individually, the source said RBC in the appropriate committee.
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