The decision of the Moscow City Court to cancel the registration of Lev Shlosberg as a candidate for the State Duma is appealed
Press Release, 17.08.2021
Photo: Lev Shlosberg / Photo by the Press Service of the Pskov branch of Yabloko
An appeal was filed with the First General Jurisdiction Court of Appeal through the Moscow City Court against the decision of the Moscow City Court of 9 August to cancel the registration of Lev Shlosberg as a candidate for the State Duma in single-mandate constituency No. 207 (Khovrinsky). The Court of Appeal took up the complaint.
The appeal indicates the grounds for revising and canceling the decision of the court of first instance.
In particular, it is substantiated that the court of first instance:
– did not take into account that at the time of Lev Shlosberg’s registration as a candidate there was neither a court decision to ban the activities of an “extremist organisation” [Alexei Navalny Headquarters], nor a court decision that entered into legal force on the fact of the candidate’s involvement in the activities of such an “extremist organisation”;
– made a decision contrary to Article 54 of the Constitution on the impossibility of giving the law retrospective effect;
– did not demand and did not accept for consideration the evidence at the disposal of the District Electoral Commission No. 207 and the Central Electoral Commission of the Russian Federation on the lawfulness of registration of a candidate for the State Duma;
– misapplied concepts of newly discovered and new circumstances;
– did not involve the political party that nominated the candidate to participate in the case as an interested person.
“The appeal also contains a number of other grounds and evidence. We believe that the stated legal grounds are sufficient for making a positive decision on the complaint and canceling the decision of the court [of first instance]. Thank you for your support and we continue the election campaign,” Lev Schlosberg wrote on social networks.
In addition, the Yabloko party appealed against the refusal of the Moscow City Court to recognise it as an interested person as a political party that nominated a candidate. This complaint will be examined in a separate case.
LEV SHLOSBERG
is a member of the Federal Political Committee of Yabloko and Chair of the Pskov regional branch of the party. Head of the Yabloko faction in the Pskov Regional Assembly of Deputies
Posted: August 17th, 2021 under Elections, State Duma Elections, State Duma Elections 2021, Yabloko's Regional Branches.