Why Navalny can't run for president. Western media do not doubt Putin’s victory, but regret the absence of Navalny from the ballot

Thus, persons sentenced to imprisonment for committing grave and (or) especially grave crimes and who have an unexpunged and unexpunged conviction for these crimes on the day of voting in the elections do not have the right to be elected. Subclause a.1 of clause 3.2 of Article 4 of this law extends the restriction of passive voting rights for persons convicted of committing serious crimes for 10 years from the date of removal or expungement of the criminal record. Similar rules are contained in Federal law“On the election of the President of the Russian Federation.”

Part 3 of Article 15 of the Criminal Code defines crimes of average gravity as intentional acts for which the maximum punishment provided for by the Code does not exceed five years in prison.

Part 4 of Article 15 of the Criminal Code defines serious crimes as intentional acts, for the commission of which the maximum punishment provided for by the Code does not exceed ten years of imprisonment.

It should also be taken into account that the severity and punishability of an act are determined by the criminal law that was in force at the time the act was committed, and not at the time of sentencing.

To date, Alexey Navalny has two criminal records: the “Yves Rocher case” and the “deputy Lisovenko case.”.navalny.com

CASE OF DEPUTY LISOVENKO

By a decision of the Babushkinsky District Court on June 23, 2014, the verdict of the magistrate court under Part 1 of Article 128.1 of the Criminal Code of the Russian Federation (Slander) was left unchanged. The penalty was a fine of 300,000 rubles. The sanction of this article does not provide for deprivation of liberty. The crime is classified as minor. Currently, in accordance with paragraph “b” of Part 3 of Article 86 of the Criminal Code of the Russian Federation, this criminal record has been expunged.

THE YVES ROCHE CASE

By an appeal ruling of the Moscow City Court on February 17, 2015, Alexey Navalny was sentenced to 3 years 6 months of suspended imprisonment with probationary period 5 years.

He was found guilty under the articles provided for in Part 3 of Art. 159.4, part 2 art. 159.4 and paragraph “a”, part 2 of Art. 174.1 of the Criminal Code of the Russian Federation. Under these articles, the following maximum sanctions in the form of imprisonment were provided:

Part 3 art. 159.4 of the Criminal Code of the Russian Federation - up to five years in prison;

Part 2 art. 159.4 of the Criminal Code of the Russian Federation - up to three years in prison;

Part 2 art. 174.1 of the Criminal Code of the Russian Federation - up to five years in prison.

Thus, in the “Yves Rocher case,” Alexei Navalny was not convicted of committing serious crimes.

KIROVLES-2

On February 8, 2017, the Leninsky District Court of Kirov issued a verdict in the second “Kirovles case”, in which Alexey Navalny was given a suspended sentence under Part 4 of Article 160 of the Criminal Code of the Russian Federation (Embezzlement committed on an especially large scale).

The sanction of Part 4 of Article 160 of the Criminal Code of the Russian Federation provides for up to 10 years of imprisonment. That is, Alexei Navalny was sentenced in this case for committing a serious crime.

However, in accordance with Part 1 of Art. 86 of the Criminal Code of the Russian Federation, a criminal record is formed only by a court verdict that has entered into legal force.

The verdict of the Leninsky District Court of Kirov has not yet entered into force. In accordance with the Code of Criminal Procedure of the Russian Federation, this sentence can come into force only after 10 days and only if an appeal is not filed (Part 1 of Article 389.4, Part 1 of Article 390 of the Code of Criminal Procedure).

An appeal against the verdict will be filed immediately.

If an appeal is filed, a criminal record can only arise after a decision is made by the Kirov Regional Court, which is the court of appeal in this case.

The decision of the Kirov Regional Court, in turn, can be successfully challenged and overturned in subsequent instances at national and international level. This was proven by the decision of the ECHR in the first “Kirovles case”.

It is important to remember Part 3 of Art. 32 of the Constitution, which establishes that only citizens held in places of deprivation of liberty by a court verdict do not have the right to be elected. The Constitution of the Russian Federation has supreme legal force and direct effect (Part 1, Article 15). Thus, according to the Constitution of the Russian Federation, only deprivation of liberty limits passive suffrage. Alexei Navalny is not being held in prison and can continue his election campaign.

CONCLUSION

Based on the analysis of existing criminal records and the verdict in the second “Kirovles case”, which did not enter into force, Alexey Navalny has no convictions for serious crimes. The presence of other criminal records does not affect the passive voting rights of Alexei Navalny and continues to allow him to nominate his candidacy in elections at all levels.

On this moment There are no legal obstacles to the nomination of Alexei Navalny for president. Any obstacles that may arise in the future (for example, after the decision of the Leninsky District Court of Kirov comes into force) directly contradict the Constitution of the Russian Federation and will be immediately appealed and canceled in Constitutional Court and/or the ECHR. Alexey Navalny will continue his active election campaign in the Russian presidential elections, which will take place in March 2018.

December 2017 brought several surprises to the presidential election campaign. One of the first was the nomination from the Communist Party of the Russian Federation not of Gennady Zyuganov, but of Pavel Grudinin. Then even the Central Election Commission of the Russian Federation was surprised at how many self-nominated candidates were able to collect the minimum number of signatures and declare themselves. Someone was surprised by Vladimir Putin’s statement that he would not march under the banners of any parties. Well, the most intriguing moment in the context of the launched election race was, perhaps, the decision on the application of a famous oppositionist. Millions of Russians asked the same question: “Will Navalny participate in the 2018 elections?”. The Central Election Commission of the Russian Federation said “no” and refused to register Alexey Anatolyevich’s candidacy. But the politician is already accustomed to the fact that no one from government service representatives is in a particular hurry to meet him. Hoping to challenge the decision of the Central Election Commission, he turned to Supreme Court. On December 30, the final answer came from the mentioned authority.

On December 26, 2017, the Central Election Commission of the Russian Federation rejected the applicant’s application, citing an outstanding criminal record. For the million-strong army of Navalny’s supporters, this came as a surprise. Of course, fans of the oppositionist feel sorry for Alexey. He worked so long to gather this same audience. Held dozens of rallies. Participated in many debates both in open areas with ordinary people, as well as with famous figures in politics, journalism, culture and others. After numerous sleepless nights, a lot of wasted nerves and money, the oppositionist wanted to achieve a positive result. The site's editors do not take sides, but believe that any work should be rewarded. However, as many bloggers have already noticed, at the final speech at the Russian Central Election Commission, the politician lost his nerve.

We have already written that Alexei Navalny’s behavior during his speech at the Central Election Commission of the Russian Federation before the commission was not the best. He was openly rude to Ella Pamfilova; humiliated the status of “state employees,” saying that they “sit on the necks of citizens.” All this was noticed by the famous publicist Dmitry Puchkov, who voiced the described rudeness from the oppositionist in the video.

After a “devastating” speech at the Central Election Commission of the Russian Federation, Navalny was given a quite expected refusal to register his candidacy. A few hours later, a video appeared on Alexey Anatolyevich’s YouTube channel in which the politician called for a boycott of the upcoming presidential elections 2018. The video quickly spread throughout social networks and media. Seeing the growing interest on the part of journalists, the Kremlin leadership could not remain aloof. Navalny's statement was of great interest to press secretary Dmitry Peskov.

“Calls for a boycott are, of course, subject to very scrupulous study for compliance or contradiction with our legislation.”, - Dmitry Peskov told TASS reporters.

A few days later, the Central Election Commission of the Russian Federation was criticized. Western authorities, as well as numerous journalists from reputable media, unanimously accused the country’s government “in the application of strict measures in relation to certain independent voices, failure to protect Russia’s space for the exercise of human rights”.

But neither this statement nor any other in which there is a mention of “infringement of rights” confirms concrete examples. A corresponding statement was made by the official representative of the Russian Foreign Ministry, Maria Zakharova.

"On what basis official representatives The United States considers itself entitled to assess the internal political processes of other countries, remains unknown, she emphasized. — As for some strict measures against independent voices, in particular we are talking about journalists, what specific cases are we talking about? Can the State Department, for example, provide us with correct information about which agency is applying these strict measures and how?”, Maria Zakharova told reporters on December 28.

Political scientists assessed the statements of the State Department and Western media as an attempt to exert possible pressure on the Supreme Court of Russia, to which Alexei Navalny filed a complaint days earlier. This is the penultimate authority through which the oppositionist could “break through” and register his candidacy. The judge considered the arguments of the administrative plaintiff that the verdict of the Leninsky Court of Kirov cannot form a criminal record due to non-compliance with the decision of the ECHR to be unfounded.

“The Supreme Court finds no grounds to satisfy the stated requirements. In satisfaction of the claim Navalny Alexey Anatolyevich<…>refuse", - read the judge of the Supreme Court of the Russian Federation Nikolai Romanenkov.

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