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Judgment of the Constitutional Court of 24 December 2012 № 32-П on the review of constitutionality of individual provisions of Federal Laws “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” in connection with the request of a group of deputies of the State Duma

Legal issue: 1) the constitutionality of norms which require from the candidates for the office of the head of the subject of the Federation to receive support from between 5 or 10 percent of the elected officials of local self-government; 2) the constitutionality of the norm which permits the President of the Russian Federation to consult by his own initiative the political parties, which nominate candidates, as well as self-nominees.

Ratio decidendi: the Court pronounced the said norms to be conformant to the Constitution. It appears the following arguments were crucial for the Court’s reasoning: а) the support of elected officials of the local self-government had the purpose of guaranteeing the ability of the head of the subject of the Federation to ensure a well-coordinated functioning of regional and local authorities, which may not by and of itself be regarded as an intervention into the local affairs and the violation of Art 12 of the Constitution; б) the legislation does not condition the solution of the question concerning the candidate’s participation in the elections upon the outcome of consultations initiated by the President of the Russian Federation.

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