The COP for the first time in history ordered to take away the mandate of the Deputy of the state Duma

High judges on Thursday demanded to eliminate discrepancies in the performance of his old injunction to return the mandate to those who refused it.

The reason for the hearing was the complaint of United Russia party, Nikolai Goncharov, he had asked the judges to clarify how to properly execute the decision of the constitutional court in December 2014 according to his statement.

Potters in 2011 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. But right now, Um is still a state Duma Deputy.

Government officials and government agencies at the court session pointed out that from a 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 Deputy Dmitry Vyatkin pointed out that the Duma has no authority to prematurely take away the mandate at the Deputy.

Having considered the matter, the COP demanded to resolve the contradictions: “the competent authorities have to take immediate act on the termination of a Deputy’s powers”, received a mandate again. “Such a person cannot be considered a legitimate bearer of the mandate”, — follows from the decision of the COP.

According to the court decision the CEC must begin the process of replacement of the vacant mandate. Thus Goncharov should have the right to claim that mandate, the judge pointed out.