14
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
mass media were free in their editorial policy (section 45(4) of the Basic
Guarantees Act) and were allowed to comment on political events and
personalities outside the “information slots”.
C. Position of the Constitutional Court of the Russian Federation on
the distinction between “informing” and “campaigning”
47. The Constitutional Court of the Russian Federation has ruled that
professional journalists are regarded as involved in electoral campaigning
only if they do so with special intent to campaign in favour of or against one
or more candidates (judgment of 30 October 2003, no. 15-P). Thus, in order
to distinguish between campaigning and informing (that is, normal
journalistic activity) the courts have to establish whether or not the
journalist pursued a specific aim of influencing the voting, dolus specialis.
Where there is no such specific aim (the existence of which should be
established by the courts), the materials, articles and so on must be
considered as “informing”. The Constitutional Court further stressed that,
whilst the law required that information slots on TV and radio be neutral,
the mass media were not prohibited from expressing their own opinion
about candidates or giving comments outside the scope of the information
slots.
D. Complaints about breaches of electoral law
48. Under the Basic Guarantees Act, the CEC was the central body
responsible for organising and overseeing the electoral campaign at the
federal level. It was also empowered to consider complaints about breaches
of electoral law (section 20 of the Basic Guarantees Act). The CEC was
entitled to refer such complaints to the law-enforcement and other official
bodies for further consideration and reaction. Decisions of the CEC, taken
within its competence, were binding on the lower electoral commissions,
federal and regional State bodies, public officials, local authorities,
candidates, parties, organisations, and voters. State broadcasting companies
were required by law to provide free airtime to the candidates and parties
during the elections and were required to give replies to the requests of the
electoral commissions within five days of receipt.
49. Section 75 of the Basic Guarantees Act provided that unlawful acts
and omissions of the public authorities and officials were amenable to
judicial review. It further established rules of jurisdiction on applications for
judicial review of acts and omissions of the CEC and regional
commissions. The Basic Guarantees Act also provided for an appeal to a
higher electoral commission against decisions of the lower electoral
commissions. The Supreme Court of the Russian Federation had power to
invalidate the results of the federal elections if the violations committed did