The president has the right

The Constitutional Court recognized the legality of the appointment of governors the Constitutional Court recognized the legality of the new procedure for the formation of the executive power of the constituent entities of the Federation. The KS combined complaints in one case, which were filed by 14 regional branches of the ATP and a resident of Tyumen to human rights activist Vladimir Grishkevich.

The applicants appealed the three new powers of the President of Russia, which he appeared with the adoption of amendments to the law “On the General Principles of the Organization of Legislative (representative) and executive bodies of state power of the Russian Federation”: the appointment of the heads of regions in agreement with regional deputies, the dismissal of the governor “for loss of trust”, as well as the dissolution of the regional parliament in a two -time refusal to vote for the candidate .

Yesterday, the KS issued a resolution in which he recognized the constitutionality of the new procedure for the formation of the regional executive branch. A month ago, explaining why he filed a complaint with the Constitutional Court, the applicant Vladimir Grishkevich said: “I did not delegate the President of the Russian Federation of his active suffrage to nominate a candidate to the governors of the Tyumen region Sergey Sobyanin.” And after Sobyanin was appointed the head of the presidential administration, according to Grishkevich, “neither he himself, nor his political associates have the slightest chance of fighting for this The Constitutional Court crossed out the hopes of Grishkevich to ever become the governor, that "the right to take part in the direct elections of the Supreme Office of the Federation and to be elected to this position is not assigned to the constitutional right of the Russian Federation."

In his complaint, the applicants reminded that the Constitutional Court several times made decisions that recognized the unconstitutionality of the election of governors by deputies of the legislative assemblies. For example, in 1996 - about the Charter of the Altai Territory and the Charter of the Chita Region. And in 1997 - the charter of the Tambov region. “The text of the Constitution has not changed since then,” Boris Nadezhdin perplexed one of the applicants. - So what has changed in the country, what actual circumstances have changed, that the balance of values has undergone such changes? ”

Yesterday, the KS gracefully circumvented the contradiction between his decisions, citing the fact that the time was different then. “Since the provisions of the Constitution show their regulatory action both directly and through concretizing laws in a certain system of legal regulation, moreover, in the developing social historical context,” the provisions of the constitution “may be clarified or changed in order to adequately identify the meaning of certain constitutional norms, their letter and spirit.” In other words, before there was no federal law on the appointment of governors, but now there is. Therefore, governors can be appointed.

Part of the complaint regarding the dismissal of the governors and the dissolution of the Legislative Assembly, the KS simply went around in silence, making the decision to stop production. Having explained that the applicants' complaints are not subject to consideration, because the Constitutional Court does not have the right to consider the constitutionality of the law, according to which there is no law enforcement practice.

Indeed, Putin so far fired only one regional leader - the head of Koryakia Vladimir Loginov - for "frozen" the region. Loginov, who miraculously avoided the prison (his vice-governor Mikhail Sokolovsky was sentenced to one and a half years in prison), will not want to dispute the justice of the president’s decision. And it is unlikely that in the near future some Legislative Assembly will decide to go against the will of the president and let himself dissolve. So the applicants will have to look for new ways in search of the truth. Boris Nadezhdin with confidence states that by February a new statement will come to the Constitutional Court, according to which a positive decision will be made. “Governors not reassigned to Putin were injured as a result of the application of this law,” Nadezhdin believes. “We are working with them so that they turn to the Constitutional Court.” However, he categorically refused the surname: "Such a decision will require civilian heroism, I do not want to substitute people." According to Nadezhdin, the unwillingness of the KS to touch on the issues of the dissolution of the Legislative Assembly and the dismissal of the governors convinced him of his own rightness. Moreover, according to him, six out of 19 judges were against the vote, and among them the chairman of the KS Zorkin himself. However, it became known that only Anatoly Kononov and Vladimir Yaroslavtsev made a special opinion. Nadezhdin suggested that the judges were subjected to the pressure of the authorities. He was indignant in an interview with the “newspaper” that “our petition for the removal of those judges who met with the president, that is, the party participating in the process, was not even considered.” And the other applicant, lawyer Vadim Prokhorov, expressed confidence that “the judges of the KS were simply blackmailed”: “On the eve of the meeting, the issue of moving the court to St. Petersburg was raised. It is clear that, having recognized the unconstitutionality of the presidential law, it is possible not only on the banks of the Neva, but in the Chita region. ”

12/21/2005 / Olga Redichkina, the material was published in the "newspaper" No. 243 of December 22, 2005.