RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 14, 2005 No. 10-P

On the case of check of constitutionality of provisions of Item 5 of Article 48 and article 58 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation", Item 7 of Article 63 and article 66 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" in connection with the claim of the Commissioner for Human Rights in the Russian Federation

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman V. G. Yaroslavtsev, judges N. S. Bondar, G. A. Gadzhiyev, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, A.YA. Plums, B. S. Ebzeeva,

with participation of the representative of the Commissioner for Human Rights in the Russian Federation - Candidate of Law Sciences N. V. Vasilyev, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation Yu. A. Sharandin, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. A. Mityukov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of Item 5 of Article 48 and article 58 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation", Item 7 of Article 63 and article 66 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" in open session.

Reason for consideration of the case was the claim of the Commissioner for Human Rights of the Russian Federation to violation by the specified legislative provisions of constitutional rights of the citizen V. B. Bochkov.

Having heard the message of the judge-speaker N. S. Bondar, explanation of agents of the parties, opinion of the specialist - Candidate of Law Sciences A. E. Lyubarev, speech of the representative from Russian Central Election Commission invited in meeting - V. P. Volkova, the Constitutional Court of the Russian Federation established:

1. The resolution of the magistrate judge of judicial site N 1 of Central federal district of the city of Kursk of December 23, 2003 left without change by higher degrees of jurisdiction, the citizen V. B. Bochkov according to the article 5.12 Administrative Code of the Russian Federation was subjected to punishment in the form of administrative penalty in the amount of 1000 rubles. Courts saw signs of structure of the offense provided by the specified Article in what during the election campaign at elections of deputies of the State Duma in October-November, 2003 V. B. Bochkov constituted, prepared for seal and transferred to the individual entrepreneur for production with a circulation of 500 copies propaganda material with appeal to voters to vote against all candidates, namely the leaflet "Against All — Right Choice", and then extended circulation without provision of copy (copy) or the photo of the leaflet in the electoral commission; at the same time V. B. Bochkov, without being candidate, in defiance of Item 7 of article 63 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" paid production of propaganda material from own money.

The vice-chairman of the Supreme Court of the Russian Federation who left the supervising claim to the judgments passed on this case without satisfaction in case of assessment of actions of V. B. Bochkov as illegal referred also to Item 5 of article 48 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" which provides payment of expenses on carrying out election propaganda only at the expense of means of the corresponding election funds in the procedure established by the law.

In the claim of the Commissioner for Human Rights in the Russian Federation submitted in the Constitutional Court of the Russian Federation in protection of constitutional rights of the citizen V. B. Bochkov constitutionality of the specified legislative provisions as prohibiting to the citizen election propaganda against all candidates without advance payment of the expenses on its carrying out at the expense of means of the corresponding election funds and which are in system communication of the provisions of article 58 of the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation" with them and article 66 of the Federal law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation" establishing the exhaustive list of subjects authorized to create the election funds, - as not calling among them citizens is disputed.

According to the applicant, the disputed regulation actually excludes possibility of implementation by citizens of constitutional right to freely make and distribute information by any legal method in the form of the election propaganda aiming to induce voters to vote against all candidates and by that contradicts Articles 29 (parts 1 and 4) and 55 (part 3) of the Constitution of the Russian Federation.

Thus, subject of consideration of the Constitutional Court of the Russian Federation of this case are the interconnected provisions of Item 5 of Article 48 and article 58 of the Federal Law of June 12, 2002 "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation" (in edition of July 4, 2003), and also Item 7 of Article 63 and article 66 of the Federal Law of December 20, 2002 "About elections of deputies of the State Duma of Federal Assembly of the Russian Federation" (in edition of June 23, 2003) as assuming prohibition on carrying out by citizens personally election propaganda directed against all candidates included in the ballot at the expense of own money.

2. The constitution of the Russian Federation, approving firmness of democratic basis of its sovereign statehood according to will of the multinational people of Russia and recognizing the Russian Federation as the democratic constitutional state, proclaims free elections the highest direct expression of the power of the people (the paragraph of the seventh preamble; Article 1, part 1; Article 3, part 3).

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