Russia’s Yabloko party has filed a complaint with the Constitutional Court over the cancellation of its federal candidate list registration for the State Duma elections. In its complaint, Yabloko identified seven “interrelated elements of the established legal interpretation” that it considers unconstitutional.
In particular, Yabloko argues that any informational material published on the website of a party participating in elections can be classified as campaign material “regardless of the purpose for which it was created.” The party also objected to several other aspects of the current approach:
archival materials published before the start of an election campaign can be classified as campaign materials;
minor use of intellectual property can serve as grounds for removing a party list from an election;
election disputes do not take into account whether the material in question is protected by copyright;
political parties can be held responsible for actions by individuals who independently engage in campaigning;
to conclude that a party used funds from its election fund, “assumptions about the cost of a particular activity” are sufficient without proof that money was actually spent;
the fact that a Russian citizen or organisation previously received funds from a foreign source can serve as grounds for declaring their donations to a party unlawful.
Yabloko concluded that the established approach makes it possible to remove virtually any candidate from an election. The party argues that this legal interpretation “contradicts the constitutional principles of political diversity and a multiparty system,” as well as freedom of expression and equality before the law.
On August 10, Russia’s Supreme Court annulled the registration of Yabloko’s federal list for the State Duma elections. The decision followed a lawsuit filed by the Rodina party, which accused Yabloko of using several images and popular quotations without the copyright holders’ permission, as well as of receiving foreign funding.
On August 17, the Supreme Court’s Appeals Panel upheld the decision, while the court declined to consider Yabloko’s complaint.
By Jeyhun Aghazada