Resolution of the Central Election Commission of the Russian Federation Regarding the Refusal to Register the Federal List of Candidates for Deputy of the State Duma of the Federal Assembly of the Russian Federation Nominated by the Yabloko Public Association Electoral Association.
The Central Election Commission of the Russian Federation, having considered the documents submitted by the «Yabloko Public Association» electoral association which are necessary to register the federal list of candidates for deputy of the State Duma of the Federal Assembly of the Russian Federation, second convocation, and having considered whether the nomination of the federal list of candidates by the Yabloko electoral association met the provisions of the Federal Law On Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation (hereinafter referred to as the Federal Law), states that the federal list contained 206 candidates for election in the federal electoral district was nominated by secret ballot at the congress of the Yabloko electoral association on September 3, 1995.
The Central Election Commission of the Russian Federation certified the above federal list by passing Resolution # 12/95-II on September 5, 1995 and issued the certified copies of the list to the authorized representatives of the electoral association. The authorized representatives of the electoral association, upon completion of the signature collection procedure, submitted, to the Central Election Commission of the Russian Federation, the signature list in favor of the party list and the information about 187 out of 206 candidates on the federal list including 186 personal applications of candidates confirming their consent to run for the Duma by the party list, in order to register the federal list of candidates, on October 19, 1995.
Concerning 19 candidates, the authorized representatives of the electoral association submitted the following decision made by the Board of the Central Council of the Yabloko Public Association, dated October 17, 1995, instead of the information specified in paragraph 1 of Article 42 of the Federal Law:
The following candidates should be considered withdrawn from the federal list of candidates certified by the Central Election Commission of the Russian Federation (Resolution 12/95 dated September 5, 1995 for the following reasons:
- on the basis of personal applications due to personal circumstances as specified in Annex I;
- due to the failure to submit applications confirming candidate's consent to run for the Duma by federal list nominated by the Yabloko electoral association in accordance with Annex II, (Annex II contained 15 candidates).
However, the authorized representatives of the electoral association submitted, to the Central Election Commission of the Russian Federation, the personal applications of the candidates named in the certified federal list: Dudkin S.P., Yakovlev S.L., Grishaenko L.V., Kalashnikova A.A., Falkov V.I., and Kazin Yu.F. that means that these candidates who, according to the decision of the Board of the Central Council of the Yabloko Public Association were said to have failed to submit applications confirming their consent to run for the Duma by the federal list nominated by the Yabloko electoral association, did in fact submit such applications.
Thus, having changed the federal list against the will of the listed candidates, the electoral association violated the provisions of Article 47 of the Federal Law that stipulates that after the submission of the federal list to the Central Election Commission of the Russian Federation, contents of the list and the order of the candidates on the list may not be changed, with the exception of cases related to the withdrawal of candidates under requirements of Article 1 of the Law concerning volunteer participation of citizens in elections.
On the basis of the aforesaid and guided by the provisions of paragraph 2 of Article 42 of the Federal Law «On Election of Candidates for Deputy of the State Duma of the Federal Assembly of the Russian Federation», the Central Election Commission of the Russian Federation hereby decrees:
1. To reject the registration of the federal list of candidates nominated by the Yabloko Public Association electoral association.
2. To publish this Resolution in the Vestnik Tsentralnoi Izbiratelnoi Commissii Rossyiskoi Federatsii (News Bulletin of the Central Election Commission of the Russian Federation) and Rossiiskaya Gazeta (Russian Gazette) newspaper.,
Chairman
Central Election Commission of the Russian Federation
Ryabov N.T.
Secretary
Central Election Commission of the Russian Federation
Veshniakov A.A.
Moscow October 29, 1995
34/264-II
ГКПИ 195-173
The Supreme Court of the Russian Federation
Resolution
Department Decision
In the name of the Russian Federation
November 4, 1995
The Supreme Court of the Russian Federation, represented by:
Judge of the Supreme Court of the Russian Federation Fedin A. I.
Secretary Popov U.V.
Procurator Abramyan L.V.
The civil case concerning the claims made by Kharchenko V.I., Arbatov A.G., and the «Yabloko Public Association» electoral association, regarding the resolution of the Central Election Commission of the Russian Federation, dated October 29, 1995, and concerning the application made by Kharchenko V.I. to the Central Election Commission about the indemnification of the damage caused to his reputation, was considered at an open session.
The Supreme Court of the Russian Federation, guided by provisions of Article 203 of the Civil Code of the Russian Federation, having heard the explanations of Kharchenko V.I., Arbatov A.G., representatives of the «Yabloko Public Association» electoral association, Yavlinsky G.A., Popov S.A., Mizulin E.B. and attorney Konstantinov Yu.A., who supported the submitted claims, responses to the complaints made by the representatives of the Central Election Commission of the Russian Federation, Vedeneyev Yu.A., Orlov U.S., Alekhicheva L.G., Tur A.I., Lysenko V.I. and Fomicheva I.P., and the conclusion given by the Procurator of the Russian Federation's General Procurator's Office, Abramyan L.V., who suggested that the complaints should be satisfied and the claims made by Kharchenko V.I., concerning the indemnification of the damage caused to his reputation should be denied, after having studied the written evidence to the case and heard the evidences given by the witnesses, , made the following decision:
The Resolution of the Central Election Commission of the Russian Federation, dated October 29, 1995, No 34/264-n « Regarding the Refusal to Register the Federal List of Candidates for Deputy for the State Duma of the Federal Assembly of the Russian Federation Nominated by the «Yabloko Public Association» Electoral Association, shall be canceled.
The Central Election Commission of the Russian Federation shall, until November 7, 1995, register the federal list of candidates for the State Duma of the Federal Assembly of the Russian Federation with the names of 187 candidates nominated by the « Yabloko Public Association» electoral association, in compliance with the submitted documents.
The claim of Kharchenko Vasili Ivanovich, concerning the indemnification of the damage caused by the Central Election Commission of the Russian Federation to his reputation, shall be rejected.
This decision of the Supreme Court of the Russian Federation shall not be subject to appeal or protest and will come into force from the day of its announcement.
The Judge of the Supreme Court of the Russian Federation
A.I Fedin.
This copy is correct:
Judge of the Supreme Court of the Russian Federation.
A.I Fedin.
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