The Constitutional Court has given guidance regarding the period for clarifying the grounds for contesting the electoral commission’s act on the registration of a candidate / Comment / The “Lawyers’ Gazette” newspaper for the legal profession
The Court noted the prevalence of the practice: if the application of the administrative plaintiff about amendments to the grounds of the claim is stated during the proceedings in the first instance after 10 days have expired, the claim is not upheld by the courts.
In a comment to Lawyers’ Gazette (LG), the representatives of the applicant of the complaint to the Constitutional Court noted that the decision will make elections more competitive. According to one of the experts of LG, the Constitutional Court paid attention to a very original facet of the problem of individualizing the claim. As another expert explained, although the decision in its content does not indicate a contradiction of the provisions of Articles 46 and 240 of the Code of Administrative Judicial Procedure of the Constitution, in fact, the Court allows the possibility of the contested rule being supplemented with requirements for an administrative claim and indicates that its additional grounds need to be considered objectively.
Artyom Berlin, a Senior Associate at Borenius Russia, offered his comments to the legal newspaper “Lawyers’ Gazette” regarding the period for clarifying the grounds of the claim.