The constitutional court of the Russian Federation published a definition which explained why Alexei Navalny is not destined to take part in the presidential campaign. The court recalled the possibility of restriction of passive electoral rights of convicted citizens and indicated that legal democracy needs effective legal mechanisms to guard against abuses and criminalization of public authority.
The constitutional court (CC) refused to accept the appeal of opposition politician Alexei Navalny on the provisions of the law on elections of the President of the Russian Federation. So, he asked to cancel norm of the law according to which the citizen in the presence of a criminal record for committing a grave or especially grave crime, and having on the day of voting not removed and outstanding previous conviction, not allowed to be President.
The court recalled that the Navalny was convicted on 160 of the criminal code of the Russian Federation “Appropriation or embezzlement” by 5 years of probation. On this basis, the CEC did not register him as a candidate for the post of President of the Russian Federation.
In the opinion of the court, legal democracy needs effective legal mechanisms that will protect it against abuses and criminalization of public authority. “By creating such legal mechanisms, the Federal legislator may establish higher requirements to the reputation of persons holding public office, so that citizens are not born of doubt as to their ethical and moral qualities and, hence, the legality and the unselfishness of their actions”, – emphasized in the judicial determination.
Thus, stresses of the COP, the restriction of passive suffrage at elections of the Russian President, is of great importance because the possibility of election for the position of the convicted or having outstanding conviction of citizens creates very high risks for legal democracy.
The Bulk Business. Chronicle of events