| The Constitutional Court of the Russian Federation ruled
that the laws for the use of a proportional electoral system
for municipal elections in small rural communities do not
comply with the Constitution of the Russian Federation.
The Constitutional Court issued such a decision after receiving
a complaint from Vladimir Lukin, Russias Ombudsman and one
of the founders of the YABLOKO party. Lukin applied to the
Constitutional Court in defence of two residents of the Chelyabinsk
region, who were taking part in the elections to the municipal
council of their rural settlement.
The Electoral Commission refused to register these independent
candidates referring to the proportional system (party lists
only) set for this settlement in the region.
Courts of general jurisdiction, where the candidates appealed
against the decision, ruled out that the regional law did
not violate the electoral rights of citizens who were not
members of political parties. However, the Constitutional
Court ruled out that in case of election on party lists only,
parties become the only participants in the elections held
at a local level. And this leads to a conflict of rights between
citizens and political parties.
"In case of insignificant number of deputies in the
representative bodies of municipalities with small populations
elections under the proportional electoral system may distort
the voters will and produce results that do not reflect their
will. This may question the legitimacy of an elected body
formed in such circumstances, "- runs the explanation
at the official website of the court.
YABLOKOs leader Sergei Mitrokhin expressed his satisfaction
with such a ruling of the Constitutional Court. "We are
pleased with the decision of the court, despite his halfness.
Indeed, the court banned the proportional system of elections
only for settlements with small population. We believe that
municipal elections should be conducted no party lists at
all," Mitrokhin said.
Now, the State Duma should determine within a six months
period when it is permissible to use of the proportional electoral
system during elections to representative bodies of settlements.
See also:
Human
Rights
Municipal
Elections, Local Self-Governing
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