The Constitutional Court (CC) on Tuesday launched a trial of the question of the legality of the return of the right to sit in the State Duma MPs who voluntarily gave up the mandate. Until 1997, the law did not provide for such a procedure. According to the Central Election Commission of the State Duma of the present and the past convocations have gone a total of 103 deputies, but only once a deputy to resign early, returned to the State Duma.
This case was the cause of proceedings before the Constitutional Court.
The first replacement
In the court asked the candidate from the party “United Russia” Nikolay Goncharov. He argues that the current procedure violates the principle of equality and became an obstacle for him to obtain parliamentary mandate. In 2011, he ran for the State Duma Goncharov VI convocation in the list of “United Russia” in the regional group for the Stavropol Territory. His name was eighth, but was on the no-go place.
Six months later, one of the deputies of the regional list, Yuri Um, refused to mandate and went to work for the government of Stavropol Krai. But in November 2013 after the change of the governor of the region Em decided to return to the State Duma and got back its mandate. Goncharov considered that the parliamentary mandate was to get him as the first in the queue, and challenged the decision of the Central Election Commission in the Supreme Court. Having been refused, the candidate wrote a complaint to the Constitutional Court.
He asked to recognize provisions violate the Constitution hh. 3 and 4 tbsp. 89 of the Federal Law “On the Election of Deputies of the State Duma” and Nos. 17 and 18 of Art. 71 of the Federal Law “On Basic Guarantees of Electoral Rights”. Goncharov wants to invalidate vesting deputy mandate of one and the same person twice and the violation of the order of priority of transition mandates within the regional lists. Missed the MP believes that the laws in their current form put candidates at a disadvantage and create legal uncertainty, disrupting not only the rights of applicants, but also voters.
In the court itself Goncharov came. His interests were represented by lawyers Gohar Zagainova. She insisted that the current rules allow to interpret the law by abusing its discretion and status of a deputy. “Can we trust the will of the voters to the person who has once abandoned places deputy?” – She asked a rhetorical question in court.
Locomotives Party
Representatives of legislative and executive authorities and supervisory agencies in the court issued a single line of defense and requested to dismiss the complaint Goncharova. Representative in the State Duma deputy Dmitry Vyatkin COP noted that the political parties that nominated candidates, distributes free mandate according to priority and territorial basis. But in this case the party must remain a space “to maneuver” and choice. His support of the Federation Council representative Alexei Alexandrov.
«Nowhere indicated that the mandate should be offered only to those who have not received them,” – played the plenipotentiary representative of the President Mikhail Korotov. He insisted that the party may re-offer the mandate candidates who appreciates and considers “locomotives».
Expert Committee of Civil Initiatives Arkady Lyubarev RBC noticed that he sees no problem in the fact that such a “locomotive” sooner or later received a parliamentary mandate: “The practice of” locomotives “itself is a deception of voters who vote for the man, later refused to represent them in Parliament, so that to some extent this is the restoration of justice.” In June 2011, thus received the mandate of the deputy Eser Sergei Mironov, devoid shortly before the post of speaker of the Federation Council. Lyubareva more worried very possibility of rejection of the mandate, which he calls “the Russian specificity” in parliament. If the Duma of the previous convocation lost four years of work 45 deputies, that in less than three years of the current convocation – as much as 58.
After leaving the deputy party, from which he was elected, chooses who should be in the list of the regional group will get mandate, and that the right expert calls “serious corruption the norm.” The competition for the vacant mandate and fraught with political scandals. So, after the expulsion of the Duma Gennady Gudkov autumn 2012 the Socialist-Revolutionaries party chose not to pass the mandate economist Nikita Krichevsky, who walked behind Gudkov regional list, and businessman Alexander Tarnavskii. Krichevsky then accused the leadership of the party in the sale mandate and issued a conversation with the leader of the faction “Fair Russia” Nikolay Levichev. The transfer mandate excited and political rivals Socialist-Revolutionaries, United Russia, so they challenged the provision of the law that allows the party to decide to whom to transfer the mandate, in the Constitutional Court.
The court accepted the request for review, but in March 2013 issued a definition, which, on the one hand, pointed to the need for compliance with traffic priority mandate, but the other said, and “special conditions” to enable the party to ignore the list. These he took, in particular, the activity of the candidate in the party activities in the campaign, strict observance of the charter party.
limited because you can
Questions have appeared at the judges. Judge Sergei Knyazev said that until 1997, the law did not provide for the possibility to return to the Duma elections, if the person has resigned. Now, the law states that qualify for the deputy’s mandate can be no more than two times.
According Vyatkina, right candidates will be broken just in case the prohibition to return to the State Duma, and the question of how many times you can return mandate, the prerogative of the legislator. “Twice – a notional figure. The legislator could provide and three times the opportunity, “- said Vyatkin. “But then why do have to impose restrictions?” – Asked the judge Constantine Aranovskiy. “No need to come up with why the two, not three, and not five. So it was decided “- wanted to put an end to the debate Vyatkin.
But then the debate joined CC Chairman Valery Zorkin. “But if the deputy goes to do business, he can come back?” – Asked Zorkin. “I believe that, yes,” – said Vyatkin.
The word took a representative of the Prosecutor General Tatiana Vasilieva. She explained that the right to return to the Duma was reserved for politicians to exclude a situation where due to lack of regional lists of candidates for the mandate would have to transfer to another region. Then it would hurt the rights of voters. But this limitation in the law requires that candidates do not abuse their rights.
After hearing the parties, Zorkin announced that the court shall retire to deliberate. Court decisions can be expected closer to the New Year.
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