At the end of December, the CEC refused to register opposition politician Alexei Navalny as a candidate in presidents of the Russian Federation on the basis it has outstanding criminal convictions for serious article, but he did not intend to retreat and decided to challenge the law on elections in the constitutional court. That’s just a story with a similar complaint Bryansk businessman puts the success of Navalny questioned, experts say.
Staff lawyer Bulk Ivan Zhdanov said that on behalf of the opposition sent in a complaint with the COP due to the fact that the Central election Commission has denied his client the right to register a candidate for President of Russia because of a criminal record.
The fact that the Constitution of such restriction is not stated. According to the text of the Constitution, be elected nor can persons who are in places of deprivation of liberty. However, Navalny is serving a suspended sentence in the case of “Kirovles”, in which he was convicted for fraud on a large scale. Clarification about a conviction, not spelled out in the Constitution, but it is spoken in the “Law on elections of the President of the Russian Federation”. That is the law and question the lawyers of the opposition.
Formally, the basis for a dispute there, but what are the chances of the Bulk of success? According to the lawyer Alexei Fedotov – they are equal to zero. The cause is another precedent , namely the decision of the constitutional court, which handed down for the candidate of one of the municipalities in November 2017. Already then it was said that it is related not only to local but also to presidential elections.
“Then, the constitutional court considered the appeal of businessman Sergei Kazakov, the Bryansk region, which was unable to take part in elections of municipal deputies from no previous conviction, – says Alexei Fedotov. – Under current law, the right to nominate his candidacy will have it only after 10 years. But he insisted that as a punishment he was made conditionally, the rule is too cruel.”
But the COP dismissed the complaint, the argument was that the rate of conviction appeared in the law in 2013 and since then have repeatedly checked. Also, the court opined that “even a suspended sentence testifies to the special social danger of the crime, and democracy is necessary to guard against the criminalization of public authority”.
“These decisions are final and not subject to revision”, – said the representatives of the court.
According to the lawyer, this case has resolved the issue with the Bulk, and let it be dealt with not the presidential election but the constitutional court’s opinion on the matter clear.
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