It was chosen, but not the Deputy
In the constitutional court (CC) on Wednesday was a stormy debate on how should do the old COP decision concerning the receipt and delivery of mandates.
The reason for the hearing was the appeal of the United Russia party, Nikolai Goncharov, who is not the first year tries to get into the state Duma of present convocation.
In 2011, he ran for Parliament in the regional group to Stavropol territory, but was on a “no-go”. Six months later, the candidate from his list Yury Em has resigned and joined the government of Stavropol territory, and demanded the mandate back and received a second time.
The potters thought it was unfair and filed a complaint to the constitutional court. As a result, in December 2014, the judges found violations in the existing order and ruled that the deputies who have passed mandates, are not able to re-return to the state Duma of the same convocation.
“This court order is still not fulfilled,” has appeared in court representatives of Goncharov. They argued that Uh is still a Deputy of the lower chamber.
Did not entail termination of his powers and the decision of the Supreme court, which in April of 2015 canceled the re-resolution of the Central election Commission on the transfer of the mandate of the EMU, said lawyers. No further action by reassigning the mandate of the CEC has not taken.
The lack of authority
Authorities and government agencies was justified on the session of the constitutional court that from the formal point of view the decision of the COP executed: the laws “On elections of deputies of the State Duma” and “On basic guarantees of electoral rights” has been amended in the fall of 2015, and the Supreme court reversed the decision of the CEC.
The representative of the state Duma in KS the Deputy Dmitry Vyatkin insisted that the lower house has no legal grounds to terminate the powers of the Deputy of the EMA. “The state Duma shall terminate the powers in individual cases, and the list is closed. This is the death of a member, voluntary renunciation of the mandate and measures of legal responsibility when the MP takes actions inconsistent with his status, he said Vyatkin. — This case does not fall under any of the categories.”
According to Vyatkin, the CEC after the cancellation of his order by the Supreme court could launch a mechanism of redistribution of the mandate, but this was not done.
“If the CEC issued a decree on termination of powers of the Deputy, it could be regarded as interference in the work of government agencies”, — protested in court the representative of the Commission Dmitry Voronin. He stated that the CEC is ready to start the procedure of distribution of the mandate, as only the powers of Deputy will be terminated.
The Deputy on public principles
The ruling of the Central election Commission on the transfer of the mandate is cancelled, the mandate is not formally allocated, but at the same time, replaced, checked with the participants in the process judge Sergei Knyazev. “How can this be?” — the judge asked. “The question is not to the Duma,” retorted Vyatkin.
“Um replaces the vacant mandate? That is, on a voluntary basis?” — surprised the judge Nikolay Bondar.
“Why the MP still receives money? Who is to prosecute?” I asked our parliamentarian, judge Gadis Gadzhiyev.
“Enough, colleagues, representative of the state Duma gives you the same answer to all questions”, — the judges stopped the representative Valery Zorkin and gave the floor to the representative of the state office of public Prosecutor Tatyana Vasileva.
Vasilyeva stated that the powers of the EMA should be considered invalid from the moment of cancellation of the decision of CEC. “Goncharova’s arguments deserve attention and clarification by the constitutional court,” upheld the appeal Vasiliev.
The representative of the Ministry of justice Maria Melnikova, on the contrary, insisted that there was no need to change the laws because of a single event. “The decision of the constitutional court fulfilled: changes in laws are made, and the powers of the EMA should be terminated,” stated Melnikov.
After hearing the parties, high judges has left in a consultative room for decision. As a rule, the COP takes about a month.