On 30 April 2026, the Constitutional Court of the Russian Federation adopted Judgement No. 30-П in accordance with Article 47.1 of the Federal Constitutional Law «On the Constitutional Court of the Russian Federation». The case on the review of constitutionality of Article 38 (item 1.1, sub-item «в.2» of item 24) of the Federal Law «On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation» was considered in connection with the complaint of citizen K.I. Volkov.Background
In 2024, Kirill Volkov stood as a candidate for the seventh convocation of the Municipal Council of the Lanskoye municipal district, an intracity municipal formation of Saint Petersburg. He submitted to the territorial electoral commission an application consenting to run for office, as well as other necessary documents. However, on 14 July 2024, the territorial electoral commission informed the applicant that there was no information on his exercise of deputy powers in the municipal district Okkervil, despite this information being confirmed by the submitted certificate. On 16 July, the applicant filed a new application containing the missing information. Despite this, the territorial electoral commission refused to register the applicant as a candidate, considering the new application not as a clarification, but as a newly submitted one, presented after the established deadline.
The courts refused the applicant’s claim to declare the commission’s decision unlawful and to oblige the territorial electoral commission to register him, stating that a candidate is only entitled to clarify an existing application, not to submit it anew.
Position of the Court
According to the Constitution, citizens have the right to participate in the governance of state affairs both directly and through their representatives, to elect and be elected to the state and local government bodies, and to participate in referendums. The rules for nomination and registration of candidates, including the provision to the commission of necessary information about a particular candidate and documents confirming such information, must meet the criteria of certainty and must not create excessive restrictions that, contrary to the Constitution, create unjustified obstacles to the exercise by citizens of their electoral rights.
A candidate personally submits to the commission an application consenting to run for office, along with an obligation to cease activities incompatible with the status of a deputy or other elected office. The accuracy of this information is confirmed by documents, including information indicating that the candidate serves as a deputy on a non permanent basis. This ensures that citizens have accessible and reliable information about candidates, and also creates the preconditions for the most objective assessment of the desirability of electing specific persons seeking elective office, as well as of the legal consequences of such election, including for the activities of the relevant representative bodies.
The current regulation grants a candidate the right, after being notified, no later than one day before the day of the commission meeting at which the issue of his registration is to be decided, to make clarifications and additions to the documents submitted to the electoral commission for registration, or to replace such documents in order to bring the information contained therein into compliance with the requirements of the law. However, this does not relieve the candidate of responsibility for the quality, completeness, accuracy and form of the information provided, nor of the obligation to submit the necessary documents. Accordingly, a candidate is entitled to make clarifications and additions to the submitted documents and to replace them on his own initiative, if the electoral commission does not notify him in the prescribed manner of any deficiencies. Although current regulation does not expressly provide for such a possibility, it implicitly follows from the provision of the law stating that electoral commissions not only prepare and conduct elections and referendums, but also ensure the exercise and protection of electoral rights and the right to participate in referendums.
The contested provisions do not contradict the Constitution. They provide that, if the electoral commission identifies deficiencies in the submitted documents, a candidate may, no later than one day before the day of the meeting of the electoral commission, replace the application consenting to run for office (which does not contain information that he is a deputy and exercises his powers on a non permanent basis, indicating the name of the relevant representative body) submitted upon notification of his nomination, with a new application drawn up in accordance with the requirements of the law. In such a case, refusal of registration on these grounds is not permitted.
The applicant is entitled to compensation.
Press Service of the Constitutional Court of the Russian Federation