If the election commission identifies shortcomings in the application for consent to run, the candidate has the right to replace it by completing it in accordance with the requirements, the Constitutional Court (CC) explained. Refusal of registration in this case is not allowed, as stated in the decision made following the review of the law on basic guarantees of citizens’ electoral rights. This will make life easier for election participants, the expert believes.
The reason for the inspection was a complaint from the former MP from St. Petersburg, Kirill Volkov. In 2024, he was nominated by the A Just Russia party to the council of the Lanskoye municipal district, but was refused registration because in his statement of consent to run he did not indicate that he already held the position of deputy of the Okkervil district.
The commission, as required by law, informed Mr. Volkov in advance about the gap, and he hastened to make corrections, especially since he had provided a certificate of his status initially. However, the election commission came to the conclusion that this was a new document submitted in violation of the deadline. The refusal to register was confirmed by the courts.
Former candidate Kirill Volkov complained to the Constitutional Court about the manifestation of “unacceptable bureaucracy.” He drew the court’s attention to the fact that neither the procedure for submitting clarifications nor the form of the corresponding document at the regulatory level are regulated by law or at least by the methodological recommendations of the Central Election Commission.
In the absence of official regulations, he used the form that he considered optimal. But the election commission’s interpretation of the current law opens up the possibility of arbitrary and selective enforcement, the candidate clarified.
KS agreed with him. The controversial norms do not contradict the Basic Law, since they do not prohibit the candidate from making additions and clarifications to the documents submitted for registration or even replacing them (with the exception of signature sheets in support of the nomination).
The choice of certain forms of eliminating shortcomings belongs to the candidate himself, the court emphasized: otherwise would be at odds with the provisions of the Constitution, which guarantee free elections, and also provide for the creation of conditions for mutual trust of the state and society.
The Constitutional Court reminded election commissions that they not only prepare and conduct elections, but are also called upon to protect the electoral rights of candidates.
The applicant, the court decision notes, has the right to compensation – its amount must be determined by the Primorsky District Court of St. Petersburg.
This is good news, especially on the eve of the State Duma elections, says election lawyer Garegin Mitin. He recalls that errors and inaccuracies in documents are one of the common reasons for refusal to register candidates. After clarification from the Constitutional Court, the commissions will not be able to introduce any specific procedure for correction, which will undoubtedly make life easier for candidates.
