Sobchak went to court

Ksenia Sobchak asks the Supreme Court to cancel registration with Vladimir Putin candidate

The presidential candidate Ksenia Sobchak filed an application with the Supreme Court of Russia with a request to cancel the registration of Vladimir Putin as a candidate. The document is published in the Telegram channel of the Sobchak headquarters. This information was confirmed by the press secretary of Sobchak Ksenia Chudinova.

The application to the Supreme Court states that Vladimir Putin “has no right to nominate and be registered as a candidate for the presidency of the Russian Federation,” since he has repeatedly held this position. In addition to the previous three, Putin from December 31, 1999 to May 7, 2000 served the duties of the head of state after the resignation of Boris Yeltsin.

The Supreme Court accepted the Supreme Court Sobchak and will consider on February 16 at 10:00.

In turn, the Central Election Commission said that there are no reasons for the cancellation of Putin's registration.

“This topic has long been studied and discussed, so it is surprising that Ksenia Anatolyevna has just reached the point of raising this topic again. There were already court decisions on this issue, there is a definite answer - at the moment, Vladimir Vladimirovich has no prohibitions on participating in the presidential election, ” Interfax told Deputy Chairman of the CEC Nikolai Bulaev.

Below - the full text of the statement of Ksenia Sobchak to the Supreme Court:

Supreme Court of the Russian Federation

121260, Moscow, Vovarskaya St., 15

Administrative plaintiff: registered candidate for the President of the Russian Federation Sobchak Ksenia Anatolyevna, born 05.11.1981, place of birth: city of St. Petersburg

Administrative defendant: Central Electoral Commission of the Russian Federation

109012, Moscow, Bolshoi Cherkassky per., 9

Interested person: registered candidate for the President of the Russian Federation

Putin Vladimir Vladimirovich

STATEMENT

On the cancellation of the decision

Central Election Commission of the Russian Federation

On the registration of a presidential candidate

"06" February 2018 by a decision of the Central Election Commission of the Russian Federation Putin V.V. Registered by the presidential candidate.

However, he does not have the right to nominate and be registered as a candidate for the specified post by virtue of the following.

Earlier, Putin V.V. Already repeatedly held the post of President of the Russian Federation, including:

- in the period from December 31, 1999 to May 7, 2000 (was appointed acting President of the Russian Federation in connection with the resignation of the current president Yeltsin B.N.);

- in the period from May 7, 2000 to May 7, 2004 in connection with the election of the President of the Russian Federation in the elections of the President of the Russian Federation on March 4, 2000;

- in the period from May 7, 2004 to May 7, 2008 in connection with the election of the President of the Russian Federation in the election of the President of the Russian Federation on March 4, 2004;

- In the period from May 7, 2012 to the present in connection with the election of the President of the Russian Federation in the election of the President of the Russian Federation on March 4, 2012.

In addition, in the period from May 8, 2008 to May 6, 2012 Putin V.V., not having, due to the restriction provided for by paragraph 3 of Art. 81 of the Constitution of the Russian Federation, legitimate opportunities for the third time in a row to nominate the presidency of the Russian Federation and, for this reason, formally holding the post of chairman of the Government of the Russian Federation, by preliminary unspoken agreement with Medvedev D.A., elected for the specified period by the President of the Russian Federation, under the guise of the nominal powers of the latter in fact retained the full power of the head of the executive authorities and the head of state.

So, from May 8, 2008 to May 7, 2012 Putin V.V. He was the chairman of the Government of the Russian Federation. His candidacy for this position was proposed by D.A. Medvedev, who was before the post of chairman of the Government of the Russian Federation and nominated by the President of the Russian Federation for the same time by the United Russia party, whose leader was Putin V.V.

September 24 and re -on November 27, 2011 D. A. Medvedev at the congress of the United Russia party proposed the candidacy of Putin V.V. The presidency of the Russian Federation for the next period. At the same time, Putin V.V. And Medvedev D.A. have repeatedly publicly admitted that their actions are dictated by an unspoken agreement on the transfer of the position of the President of Russia, reached between them two back in 2007. So, on September 24, at the congress of the United Russia party, President Medvedev D.A., offering Putin V.V. For the next presidential term, said:

“We really discussed this scenario in the period when our comradely union was formed. Well, the fact that for quite some time we did not publicly declare our position according to the election scenario, I hope you will understand us, like our citizens, this is a matter of political expediency . ”

Following him in October 2011, Putin V.V. He said: “We presented it as a question. Solved between us . We offer such a configuration, and citizens of the country in polling stations will say whether they agree with this proposal or not

These statements are nothing more than a unique recognition in the two senior officials of the state in conspiracy in order to unlimited or long -term consolidation of the President’s post for his group.

Formal interruption of replacement by Putin V.V. The posts of the President of the Russian Federation in 2008-2012 under the above circumstances and on the basis of an informal agreement with D. A. Medvedov did not lead to the elimination of Putin V.V. From the disposal of higher authority in the state and, therefore, did not ensure the fulfillment of the meaning and content of the requirements of Part 3 of Article 81 of the Constitution of the Russian Federation in its relationship with other constitutional norms, but only created the appearance of its fulfillment.

Therefore, at present Putin V.V. In fact, the President of the Russian Federation is acting at least the fourth term in a row , and, therefore, on December 27, 2017, he was nominated as a candidate for the presidency of the Russian Federation and was registered in this capacity for the fifth consecutive period , which is a gross violation of the requirements of part 31 of the Constitution of the Russian Federation.

In addition, even if we assume that the elimination of Putin V.V. From the exercise of the powers of the head of state in the period 2008–2012. She took place (with which the applicant does not agree), then in this case the requirement of part 3 of Article 81 of the Constitution of the Russian Federation was violated by him.

Thus, the Constitutional Court of the Russian Federation in the definition of November 5, 1998 N 134-O “in the case of the interpretation of Article 81 (part 3) and paragraph 3 of the section of the second“ Final and transitional provisions of the “Constitution of the Russian Federation” formulated the following comprehensive constitutional and legal position: “Two terms of powers in a row, as follows in article 81 (part 3) of the Constitution of the Russian Federation, constituted constitutional. The limit, the excess of which the Constitution of the Russian Federation ... does not allow. " From the indicated generally binding constitutional and legal interpretation, it follows that the constitutional limit in the form of two terms in a row has no exceptions and, therefore, cannot be overcome or “rejoined” by a break after its achievement. In other words, the Constitution of the Russian Federation, having established the specified constitutional limit, does not allow the person who exercised the authority of the President of the Russian Federation for two terms in a row, to occupy the indicated position under any conditions, including after the “break”. Another interpretation of this constitutional limit entails the emasculation of its meaning and is profanity.

The Constitution of the Russian Federation, in accordance with part 1 of its Article 15, has the highest legal force and direct action. In accordance with Part 2 of Article 16 of the Constitution of the Russian Federation, no other provisions may contradict the foundations of the constitutional system of the Russian Federation. Consequently, the requirement of part 3 of Article 81 of the Constitution of the Russian Federation, limiting the stay as the President of the Russian Federation “two terms in a row”, should be interpreted and applied in a systemic relationship with constitutional norms that form the basis of the constitutional system of Russia, including:

- Part 1 and part 4 of Article 3 of the Constitution of the Russian Federation, according to which the “bearer of sovereignty and the only source of power in the Russian Federation is its multinational people”; “No one can assign power in the Russian Federation. The seizure of power or the assignment of power is persecuted by federal law ”;

- Part 3 of Article 13 of the Constitution of the Russian Federation, in accordance with which "political diversity, multi -partyism are recognized in the Russian Federation."

The requirement of part 3 of Article 81 of the Constitution of the Russian Federation on the inadmissibility of staying in the position of President of the Russian Federation for more than two consecutive terms was aimed at ensuring regular replacement of the highest power and preventing it and usurpation of anyone . It loses all meaning and turns into profanity if its interpretation allows the essence to ignore the restrictions established by it.

The interpretation of the norm cannot be carried out in such a way that it serves as an excuse for the unlimited stay of one person as the President of the Russian Federation.

The Constitution of the Russian Federation cannot correspond to such an interpretation of its paragraph 3 of Article 81, in which the same person will be able to take an infinite number of times to occupy the position of President of the Russian Federation, including if it is formally (and essentially artificially and pretensively ) takes a break for one term of office after every two terms of being in office.

The Constitution of the Russian Federation cannot comply with such an interpretation of its restrictive norm, in which the position of the President of the Russian Federation is transferred from one person to another and vice versa by agreement between them.

An agreement between Putin V.V. And Medvedev D. A. O “ Here is such a configuration ” - the temporary assignment of the position of the President of the Russian Federation with the obligation to return it back after the agreed deadline - is the abuse of the right to bypass the law .

Under such circumstances, the decision of the Central Election Commission of the Russian Federation of February 06, 2018 on the registration of Putin V.V. A presidential candidate is illegal and is subject to cancellation.

On the basis of the foregoing, in accordance with paragraph 4 of Article 39 of the Elections of the President of the Russian Federation,

I ask:

Recognize illegal and cancel the decision of the Central Election Commission of the Russian Federation of February 06, 2018 on the registration of Putin V.V. candidate for the President of the Russian Federation.