RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 31, 2011 No. 5

About practice of consideration by courts of cases on protection of the voting rights and the participation right in referendum of citizens of the Russian Federation

The constitutional guarantee of protection of the voting rights and the participation rights in referendum of citizens of the Russian Federation is ensuring the correct and timely consideration by courts of cases on protection of the specified rights. Considering arising at courts by consideration of this category put questions, for the purpose of forming of uniform court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides to make to courts the following explanations:

1. By hearing of cases of this category it is necessary to be guided:

Constitution of the Russian Federation;

The Federal constitutional Laws of June 28, 2004 N 5-FKZ "About referendum of the Russian Federation" (further - the Federal constitutional Law of June 28, 2004 N 5-FKZ), of December 17, 2001 N 6-FKZ "About procedure for acceptance to the Russian Federation and educations in its list of the new subject of the Russian Federation";

The Federal Laws of June 12, 2002 N 67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation" (further - the Federal Law of June 12, 2002 N 67-FZ), of January 10, 2003 N 19-FZ "About election of the president of the Russian Federation" (further - the Federal Law of January 10, 2003 N 19-FZ), of May 18, 2005 N 51-FZ "About elections of deputies of the State Duma of Federal Assembly of the Russian Federation" (further - the Federal Law of May 18, 2005 N 51-FZ), of October 6, 1999 N 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation", of November 26, 1996 N 138-FZ "About ensuring constitutional rights of citizens of the Russian Federation to choose and be elected to local government bodies" (further - the Federal Law of November 26, 1996 N 138-FZ), of October 6, 2003 N 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" (further - the Federal Law of October 6, 2003 N 131-FZ), of July 11, 2001 N 95-FZ "About political parties" (the daleefederalny law of July 11, 2001 N 95-FZ), of January 10, 2003 N 20-FZ "About the State automated system of the Russian Federation "Elections";

constitutions, charters, laws of subjects of the Russian Federation, charters of municipalities;

other regulatory legal acts about elections and referenda accepted in the Russian Federation (Items 1 and 2 of article 11 of the Federal Law of June 12, 2002 N 67-FZ).

2. According to the conventional principles and rules of international law, international treaties of the Russian Federation each citizen possesses the right and opportunity to vote and be elected on the periodic elections held on the basis of general and equal suffrage in case of secret vote and providing free declaration of will of voters without unreasonable restrictions (Item 3 of Article 21 of the Universal Declaration of Human Rights of December 10, 1948, article 25 of the International Covenant on Civil and Political Rights of December 16, 1966, Article 3 of the European charter of local self-government of October 15, 1985, article 3 of Protocol N 1 to the Convention on human rights protection and fundamental freedoms of November 4, 1950, the Convention on standards of democratic elections, the voting rights and freedoms in the State Parties of the Commonwealth of Independent States of October 7, 2002).

In case of the solution of question of use of specific rules of international law it is necessary to consider the explanations of the Plenum of the Supreme Court of the Russian Federation containing in the resolution of October 10, 2003 N 5 "About use by courts of law of the conventional principles and rules of international law and international treaties of the Russian Federation".

3. In case of application of the legislation on elections and referenda it is necessary to consider the following.

Protection of rights and freedoms of man and citizen (including the voting rights and the participation right in referendum of citizens of the Russian Federation) belongs to objects of joint maintaining the Russian Federation and its subjects (the Item of part 1 of article 72 of the Constitution of the Russian Federation) in this connection the laws of subjects of the Russian Federation shall not contradict the Federal Laws (parts 2 and 5 of article 76 of the Constitution of the Russian Federation). So, to the laws of subjects of the Russian Federation the basic guarantees of realization by citizens of the Russian Federation of the voting rights enshrined in the Federal Law of June 12, 2002 N 67-FZ and the participation right in referendum shall not change or be limited, however these guarantees can be added with the new guarantees promoting realization of the specified rights (Item 3 of article 1 of the Federal Law of June 12, 2002 N 67-FZ).

If by hearing of cases about protection of the voting rights and the participation rights in referendum of citizens of the Russian Federation the court determines that the regulation of the constitution (charter), the law of the subject of the Russian Federation, other regulatory legal act on elections and (or) referendum contradicts the Federal Law of June 12, 2002 N 67-FZ, then it is necessary to apply the corresponding norm of this Federal Law (Item 6 of article 1 of the called Federal Law).

4. According to articles 22 and 245 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) cases on statements for protection of the voting rights and the participation right in referendum of citizens of the Russian Federation are considered by courts of law taking into account the rules of cognizance established by Articles 24, 26 and 27 CCP of the Russian Federation, part 1 of article 89 of the Federal constitutional Law of June 28, 2004 N 5-FKZ, Item 1 of Article 31, Item 2 of article 75 of the Federal Law of June 12, 2002 N 67-FZ, Item 7 of article 3 of the Federal Law of November 26, 1996 N 138-FZ, part 17 of Article 15, parts 7-10, 12 of article 91 of the Federal Law of May 18, 2005 N 51-FZ, Items 4, of the 5 and 6 article 84 of the Federal Law of January 10, 2003 N 19-FZ.

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