Lawyers considered the legality of the refusal to register Navalny as a candidate for the presidency
The decision of the CEC refusal to register opposition leader and founder of the Fund of struggle against corruption (FBK) Alexei Navalny as a candidate for President of Russia in accordance with the law, the lawyer said Vladimir Alexandrov.
“The Central election Commission of the Russian Federation acted in strict accordance with the law, denying the blogger Navalny to register the candidate on a post of the President of Russia” — quoted by Alexandrov RAPE.
According to the lawyer, “law gives a clear indication that a person serving a sentence for a felony, may not be registered in the status of official candidate for the top post of the Russian Federation”.
“If someone doesn’t like that the Bulk of the law cannot claim the role of the President, such persons may make a claim only to himself or his legal representatives. Shouldn’t commit crimes shouldn’t get a criminal record. Today all actions of the CEC of Russia against Navalny is absolutely legitimate,” — said Alexandrov.
According to the lawyer Alexei Melnikov, the CEC refusal to register Navalny as a candidate for the presidency of Russia is the capital of the opposition, forming the image of a man persecuted by the authorities.
“As today, some media outlets happily reported that the CEC adopted Bulk, first I want to say that in this case, the submission of documents to the CEC is similar to the submission of documents to the court is all and all, but after being tested for the conformity of documents to requirements of the law, and directly registration are not all.
Everything happened in accordance with applicable law and as already announced by the Chairman of the CEC: the Bulk was bound to refuse registration as a candidate. Just try to imagine a situation in which a person will be elected President, but to be given a suspended sentence, with all imposed on it constraints, and likely even that a suspended sentence can be turned into real punishment. It’s simply impossible,” — said Melnikov.
According to him, only if the Bulk re-appeal the verdict, and the court finds him innocent, he will be eligible to participate in the elections.
“While the Bulk just creates the aura of the individual, which the authorities allegedly restrict the rights and persecuted. Him something all the time is not given, somewhere is not allowed. A contender for the top post could to prove their worth, porukovodit at least the housing Department, for example,” — said Melnikov.
Managing partner of Board of lawyers “starinsky, Cartago and partners” Vladimir starinskij believes that Alexei Navalny is no possibility under the law to participate in elections.
“The decision of the CEC was to be expected, and it fully complies with current legislation. Laws on basic guarantees of electoral rights and the election of the President not to run for President to people who have been convicted of a serious crime. Navalny was convicted under part 4 of article 160 of the Russian criminal code, which is classified as serious. Even after quashing of the criminal record can be elected only 10 years later. Therefore, in the framework of the legislation of the Bulk, there is no way to participate in the elections,” said starinsky.
Deputy Chairman of Association of lawyers of Russia Denis Panshin believes that the decision of the CEC according to Navalny taken in the framework of current legislation and any claims to the CEC.
“By far, the CEC has been received in the framework of existing legislation: the Commission accepted documents for consideration and decided the absence of the Bulk of passive suffrage due to the presence of a criminal record. This decision is consistent with current law: convicted for grave and especially grave crimes if a conviction cannot stand. And Navalny and his lawyers knew about it, I do not know from what motives they are generally applied, probably wanted their ratings to cheat, albeit negative. Now will probably be screaming that he was a victim of the system actually completely within the law decided. No complaints to the CEC on this issue should not be”, — said Panshin.
The lawyer said that Alexei Navalny has the right to appeal the decision of the CEC.
“Probably he will file a complaint, again to promote the ratings, but at this point developed a clear jurisprudence and the position of the constitutional court on this matter: people with a criminal record to participate in the elections can not” — said Panshin.
According to the lawyer Alexander Karabanov, “the law clearly provides for the registration of citizens as candidates to participate in elections, but Navalny does not pass this requirement — it’s simple and all the letter of the law, there is nothing to invent in principle”.
“If you look at various opinion polls, he would have no chance. But his words about political persecution — populism. It is not necessary to speculate political slogans to cover up the inability to collect at least a certain minimum of votes, which allows though as-that to participate in the governance of the country,” said Karabanov.
We will remind, on Monday, the CEC refused to Alexei Navalny the registration of the initiative group for nomination for the presidential elections due to uncancelled criminal record.
Navalny filed documents to the CEC on the eve after being nominated by the initiative group. CEC adopted, however, as explained in the Commission, the fact of delivery of documents wishing to run for office does not mean their automatic transformation into candidates.