Movement ‘Golos’ filed complaint with Prosecutor General alleging violation of law while forming election commission of Moscow region
‘Golos’ filed a complaint with the Prosecutor General of the Russian Federation Yuri Chaika alleging Governor violated the provisions on appointment of members of Moscow region election commission.
On 16 November 2016, the CEC of Russia has decided to propose a candidate Andrei Yurevich Buzin to the post of election official of Moscow region election commission in voting capacity to the governor of Moscow region. Under the law, the governor shall appoint at least one member of the election commission of Moscow region based on proposals submitted by the CEC of Russia. Since the CEC did not propose any other candidates, the governor was obliged to appoint A. Y. Buzin. On November 29, the governor of Moscow region appointed seven election officials to the election commission of Moscow region, though A. Y. Buzin was not among them. Therefore, the governor inevitably violated the law.
We believe that the governor of Moscow region taking such a decision has undermined the law, as well as the CEC authority and the confidence in the Russian electoral system. At the same time, he damaged the reputation of the election commission of Moscow region, depriving it of one of the most qualified and solid experts on election law and electoral issues.
To the General Prosecutor of the Russian Federation Y. A. Chaika
STATEMENT
Dear Yuri Yakulevich,
On 16 November 2016, the CEC of Russia adopted a decision No. 65 / 617-7 ‘to propose a candidate Andrei Yurevich Buzin to the post of election official of the Election Commission of Moscow region in voting capacity to be appointed by the governor of Moscow region’. Under the paragraph 9 of Article 23 of the Federal Law of 12 June 2002, No. 67-FZ ‘On basic guarantees of electoral rights and the right to participate in the referendum citizens of Russian Federation’ the governor of Moscow region shall appoint at least one member of election commission of Moscow region based on proposals submitted by the CEC of Russia. Since the CEC did not propose any other candidates, the governor was obliged to appoint A. Y. Buzin.
On November 29, the governor of Moscow region has adopted a decree No. 514-PG to appoint seven members of the election commission of Moscow region, though A. Y. Buzin was not among them. Therefore, the governor inevitably violated the law.
Under the paragraph 2 of Article 1, Articles 22, 23, 27, 28 of the Law of the Russian Federation ‘On the Prosecutor's Office of the Russian Federation’ the Prosecutor General has the power to:
- To file a complaint against the decree of the governor of Moscow region No. 514-PG of 29 November 2016;
- In case the claim is not satisfied, to file a lawsuit against the governor by challenging validity of the decree.
Taking into consideration that the new composition of election commission of Moscow region has been confirmed, but the members have not yet assumed the office, we urge to take the above-mentioned steps.
Co-chairs of ‘Golos’ movement board
- Gurman
- Lyubarev
- Melkonyants
