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Ruling of the Constitutional Court of 14 January 2014 № 7-O on the refusal to accept for consideration the petition of citizen Ivanov on the violation of his constitutional rights by the provisions of the Law of Novgorod Region “On the Elections of the Governor of Novgorod Region”

Legal issue: whether the prohibitiоn against self-nomination in the elections of a governor is constitutional. 
 
Ratio decidendi:  the right of the citizens to take part in the procedure of filing the position of the governor by way of self-nomination does not flow from the Russian Constitution, and therefore the lack of such opportunity  for a citizen does not testify to the violation of his constitutional rights and freedoms. Since is no uncertainty as to whether such prohibition conforms to the Constitution of not, the petition cannot  be accepted for consideration.

Dissenting opinion:

Knyazev Sergey
photo

When regional legislator prefers to fill the position of the governor through elections, he must guarantee to citizens the right to elect and be elected, and its restriction may be justified only by constitutionally significant purposes. In spite of the importance of political parties as collective participators of the electoral process, they may not claim a monopoly with respect to the issues of selection and nomination of candidates to elective offices.

Document  (191.55Kb)


 

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