The Russian government submitted to the lower house a bill which clarifies the procedure for withdrawal from the elections to the state Duma of the candidates nominated in single-mandate constituencies. The draft law is posted in the Duma’s electronic database.
The document notes that the draft Federal law is aimed at the execution of the decision of the constitutional court (CC) of the Russian Federation, which recognized the part 2 of article 40 and the part 10 of article 42 of the Federal law “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation” not corresponding Constitution of the Russian Federation.
“It is proposed to amend, finding that in the case of a nomination by a political party in single-mandate constituency more than two candidates, the CEC excludes all candidates nominated in this constituency, from a list of candidates in single-seat constituencies to its certification”, — stated in the explanatory Memorandum.
In addition, the document notes that since the Federal law “On basic guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation” contains provisions similar to those that were recognized as not corresponding to the Constitution of the Russian Federation, the draft also envisages to amend the law.
Earlier, the COP has recognized not corresponding Constitution of the Russian Federation the norm, allowing the CEC to withdraw from the election the entire list of single-mandate party because of the violation of the rule of “one district — one candidate”. The norm challenged the lawyer Igor Trunov and ex-Governor of Chelyabinsk region Mikhail Yurevich, who in the September elections to the state Duma was a candidate in the list of the Russian party of pensioners for justice (RPPS). It turned out to be 169 candidates nominated in 166 districts, while the law permits the district to nominate not more than one candidate.
After that the Central electoral Commission (CEC) of the Russian Federation withdrew from the election, the entire list of single-mandate. The COP considered that the exclusion from participation in all elections in single-seat constituencies nominated candidates, including those, the nomination to which had followed the rule of “one district — one candidate”, “at odds with important constitutional principles of proportionality and proportionality, the excess gives rise to obstacles in implementation of electoral rights of citizens and unnecessarily restricts the electoral competition of political parties”. The court ruled that the legislator should amend the existing standards are appropriate changes, and applicants have the right through court to demand compensation.