The court decision to bring Viktor Shalyakin to administrative liability for “illegal campaigning” canceled
Press Release, 25.05.2022
Photo: Viktor Shalyakin / Photo by the Yabloko Press Service
On May 24, Judge of the Novgorod District Court overturned the decision of the court of a lower instance to bring Viktor Shalyakin, Chairman of the local branch of the Yabloko party in Novgorod, to administrative liability for violating election campaigning rules during the by-elections of a deputy of the Duma of Novgorod in constituency No. 3, in which Yabloko candidate Ksenia Cherepanova ran.
Viktor Shalyakin was prosecuted for putting up a poster “Cherepanova for Peace!” with the dove of peace.
The court indicated the following grounds for annulment of the decision of the court of a lower instance:
- Untimely announcement of the decision in the case of an administrative offense, which the judge was obliged to announce immediately, however, the decision was two days later.
- The court charged Viktor Shalyakin with violation of the articles of federal law No. 67-FZ on elections, which provide for the obligation of a candidate to indicate in campaign materials information that he/she is affiliated with a foreign agent, form an election fund during the elections and finance expenses for the election campaign from this fund. However, Viktor Shalyakin neither participated in the elections, nor was a candidate, thus, these articles of the law could not be applied to him.
The court came to the conclusion that the violations during the trial of the court of a lower instance did not allow for a comprehensive, complete and objective consideration of the case, and canceled the decision of the lower court.
Now the judge of the lower court will have to re-examine the case.
Since the beginning of the “special operation” in Ukraine, Viktor Shalyakin has been brought to administrative liability four times under articles on “violation of the rules of campaigning”, “insulting the authorities”, and “discrediting the armed forces”.
Posted: May 26th, 2022 under Elections, Freedom of Speech, Human Rights, Regional and Local Elections, Regional and Local Elections 2021, Regional and Local Elections 2022, Russia-Ukraine relations, Yabloko's Regional Branches, Без рубрики.