Oppositionists are removed from the elections with the help of the new "law against the FBK"

But even this is done with violations

Opposition policy Ilya Yashin was not allowed to advance to the benefits of the Moscow City Duma, a little earlier a similar story happened with Oleg Stepanov, who decided to participate in the elections to the State Duma. In both cases, the reason was named a new law that deprives the right to elect those people who are involved in extremist organizations - and the FBK and headquarters of Navalny were allegedly recognized as such. "Medusa" explains why the arguments of the election commission are erroneous, and their failures Stepanov and Yashin are illegal.

The election commission has already begun to refuse oppositionists

The opposition policy, the municipal deputy of the Moscow district, Krasnoselsky, Ilya Yashin, was not allowed to elections to the Moscow City Duma. On June 24, he came to the election of district No. 37 to submit documents for registration with a candidate, but he was issued an official refusal and did not allow him to open an election account. The refusal has a direct reference to the new law - paragraph 3.6 of Article 4 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation”

“The election commission said that I was recognized as“ a person involved in extremist activity ”and I am forbidden to participate in the elections,” Yashin wrote on Facebook. - The court did not consider my case. No evidence of “extremist activity” has been presented. ”

Prior to this, the district election commission for the Nagatinsky single -mandate district of Moscow also arrived with the former coordinator of the Moscow headquarters of Alexei Navalny Oleg Stepanov: he was refused the opening of the electoral account for the collection of signatures for nomination for elections to the State Duma. Stepanov’s team told about this on the evening of June 22 in the policy of the politician.

The associates of Stepanov submitted documents to the commission for his nomination to the State Duma in a single -mandate constituency No. 201. Stepanov could not do this personally, since he was under house arrest in the “sanitary business” . “They [commission officers] accepted the documents. Then - fell silent. We waited three days and today 10 minutes before the closing of the election commission received an answer, ”said Oleg Stepanov’s telegram channel. Team".

The commission explained the refusal to Stepanov in the opening of the electoral account by the ban on participating in the elections for people involved in the activities of an extremist organization, in respect of which the court decision on the liquidation or prohibition of activities entered into force. According to Stepanov, this decision is illegal. “There is no decision on me to be involvement in extremist activities! No, it was not and not a fact that it will be, ”says his telegram channel.

References to the court decision are incorrect, because the decision itself is not yet valid

Indeed, according to the law, for the uncertain of a particular person in the elections, his involvement in the activities of an extremist organization should be established by a court decision that has entered into legal force .

Restrictions on the right to be elected

The law , acting on June 4, prohibits the elected people, "in whose actions that have entered into legal force, the court decision has established involvement in the activities of an extremist or terrorist organization."

Society is understood:

• “Implementation of goals and forms of activity” - that is, participation in shares
• "Providing funds, property assistance" - that is, any donates
• "Providing organizational and methodological assistance"
• "Providing advisory assistance"
• "Providing different assistance"
• and even “expression of support from statements, including statements on the Internet, that is, approving comments on social networks

In paragraph 3.6 of Article 4 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation”, the terms of deprivation of the right to be elected - three or five years after the recognition of the organization of extremist, depending on the degree of involvement of a person in its activities. The involvement itself is also determined retrospectively - from three years for managers to a year for ordinary employees and just supporters.

“It's funny that my surname in the court decision that the commission referred to is not even mentioned. Neither the court nor the election room bore bore to observe the formalities and at least somehow prove my connection with the FBK , ” says Yashin in his video on Yetube. This was confirmed in the telegram channel and the lawyer of the “team 29”, which submitted the FBK in the court, Ivan Pavlov: “In the materials of the court case on the recognition of the FBK an extremist organization of documents indicating its [Yashin] connection with the fund, we did not see. But the prosecutor’s office in an oral speech mentioned that Yashin was signed for monthly support for the FBK in the amount of 1000 rubles. ”

But Stepanov appears in the decision of the Moscow City Court on recognition by extremist organizations of the FBK and the “headquarters of Navalny” - as a coordinator of the Moscow headquarters. The website of the Moscow City Court on the case of the case indicates that the publication of the decision is prohibited, but the text of the decision was posted into public access to the ally of Navalny. The connection of Stepanov (as well as other associates of the opposition policy) with the structures of Navalny there is confirmed by “evidence presented in the case file, including information posted on the Internet” - Stepanov himself never hid that he was the coordinator of the Moscow headquarters of Navalny.

Even if you consider this court decision confirming the involvement of Stepanov (and dozens of other people named in it) in the activities of the FBK, FZPG or Navalny’s headquarters - it has not yet entered into legal force, as the law “on basic guarantees of electoral rights”, establishing restrictions for involved in the activities of extremist organizations. Stepanov also indicates this in his telegram channel.

The court decision in relation to the FBC will enter into legal force at best on July 9. But, most likely, this will happen even later, after the court of appeal, which the FBK lawyers promise to file. In the meantime, only part of the decision of the Moscow City Court to terminate the activities of organizations is subject to immediate execution

“Immediate execution of the decision means its execution before the decision comes into force,” the prosecutor explains . That is, the decision of the Moscow City Court of June 9 on the recognition of the FBK and the headquarters of Navalny with extremist organizations has not yet entered into legal force even partially, which means that it can not be the basis for refusing someone (even the Stepanov mentioned in it) in the right to advance to the elected position.

The election room exceeds its powers

Reflated by Stepanov, the election man not only exceeded his powers, said the electoral lawyer Vladimir Swede, who analyzed the refusal of the election commission Stepanov in the opening of the electoral account. “To participate in the election, the candidate goes through two stages: nomination and registration. At the stage of nomination from the candidate, it is necessary to submit an application for the nomination and a package of documents and information about himself, which is defined by law, - writes the Swede. - At the stage of nomination, the election commission does not evaluate the facts set forth in the application. <...> The commission within three days is obliged to issue permission to open a special electoral account to the candidate. The law does not provide for the procedure for refusing to issue such a decision. ”

At the registration stage, explains the electoral lawyer, the candidate is obliged to provide another package of documents and information to the commission - and only then, after the audit, does the commission decide on registration or refusal (on legal grounds). “Thus, illegal obstacles are consciously created by the election commission in the implementation of passive suffrage to the candidate,” the Swede is sure.

“In general, this is some kind of sur. Why do this, in advance and consciously to take illegal actions and steps when there is a procedure clearly provided for in the legislation? To attract attention? Or give a signal that Navalny’s supporters should not count on legality and justice at any stages of the electoral process? The signal that they are outlawed and you can wait for everything, up to the notorious “to wet in the toilet”? - added a lawyer. “Otherwise, such actions cannot be called as clear and intentional contempt for legal norms and justice.”

Oleg Stepanov said that he intends to challenge the decision of the election commission in court. “It [the decision to refuse] has been made with one simple goal - to reduce the time for collecting signatures. Collecting 15,000 signatures in 40 days is very difficult. No one has succeeded. Especially from house arrest and in conditions of permanent repression. And now we will actually be forced to cross out at least two weeks to the courts, ”Stepanov said in the telegram channel. - We will force this hypocritical thief to open an account and approve the financial authorized person. We will begin the collection of signatures, even if there is very little time left for it, and in any case we will take out a united Russia. ”

Ilya Yashin will also appeal the actions of the Moscow City War. “We will appeal this in court - but, of course, there are no illusions. A political decision has been made not to let me in any elections, ”Yashin told “ open media ”.

Kristina Safonova, Tatyana Lysova