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Ombudsman Lukin succeeded in getting a ban from the Constitutional Court on the proportional system for local elections

Press Release
July 8, 2011

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


Press Release
July 8, 2011

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