Oppositionist Alexei Navalny will once again be able to participate in elections. This opportunity gave him the decision of the Supreme court, which on 16 November overturned the decision of a lower court in the case of “Kirovles” and sent the case for review.
The reason for the consideration of this case was the decision of the European court of human rights (ECHR), which in February 2016, found a violation of the rights of Alexei Navalny and Peter ofitserova to a fair trial (under the sixth article of the European Convention on human rights.
By law, restrictions on participation in the elections only apply to people convicted of grave and especially grave crimes. “Now no obstacle to his participation in the elections is not” — said the lawyer Bulk Vadim Kobzev. This information was also confirmed that another defender policy Olga Mikhailova.
On account of the Bulk remains two sentences: the sentence Zamoskvoretsky court of the capital on the case of misappropriation of company funds “Yves Rocher”, and the sentence for libel against Moscow Deputy Alexey Lisovenko.
The ban on participation in elections condemned for heavy and especially grave crimes contained in article 4 (paragraph 3.2 of the law) “about the basic guarantees of electoral rights”. In February 2014, in this article, the Parliament made amendments indicating that prisoners who have committed serious crimes, unable to run again after nine years after repayment of a criminal record, and those who committed particularly serious — 15.
Both crimes, the charges against Navalny, are not regarded as serious and therefore does not affect voting rights, says the politician’s lawyer Vadim Kobzev. The lawyer said that he knew nothing about the plans the Bulk.
Bulk and Officers in July 2013 by the decision of Lenin regional court of Kirov were sentenced to five and four years imprisonment respectively on charges of embezzlement of company property “Kirovles”. Later, the prosecution appealed and in October of the same year, the court commuted the sentence to a conditional. The convicts argued that in their actions of structure of a crime, and the criminal case was politically motivated.