THE SUPREME COURT HAS CLARIFIED THE CASE ON UNLAWFUL BRINGING A MANAGER TO LIABILITY

The courts of three instances satisfied the requirement of the state body to bring the manager to administrative liability in the form of a warning. However, the manager himself did not agree with this state of affairs and challenged the decisions made in the Supreme Court of Russia.

The Economic Board canceled the judicial acts, obliging to reconsider the claim in connection with the following. As it turned out in the process of considering the dispute, the manager brought to justice was a member of the local electoral board with a decisive vote. Such a circumstance obliges to observe one important stage in the issue of bringing such a person to liability.

It is necessary to obtain consent to such a measure from the prosecutor of the constituent entity of the Russian Federation, which was not done.

At the same time, the Supreme Court indicated that the guarantees under consideration were not the personal privilege of the manager, but served the public interests, since they protected him against unjustified persecution and contributed to the smooth operation of election commissions, their independence and independence.

Thus, in connection with the violations committed by the courts and also given that the time limit for bringing the manager to justice has not expired, the Supreme Court sent the case for reconsideration to the court of first instance (determination 308-ES20-10652 of November 24, 2020).