38
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
candidate on the list of United Russia. However, such a practice was quite
widespread, was provided for by law and had also been used by
representatives of other political forces, including the Communist Party
itself during the elections of 2000.
133. In the applicants’ opinion, during the period preceding the 2003
elections electoral law had not been stable and had increased the chances of
the United Russia party to the detriment of smaller political parties. Within
one year of the 2003 elections, four Laws had been passed introducing
amendments to the Basic Guarantees Act, and four others introducing
amendments to the Duma Elections Act. For example, the Law of 23 June
2003 introducing amendments to section 36 of the Political Parties Act and
introducing amendments to the State Duma Elections Act had banned public
associations other than political parties from standing in the State Duma
elections. Further, pursuant to the amendments of 23 June 2003 political
parties in debt to TV and radio broadcasters at the date on which the
decision calling an election was officially published were not granted free
airtime during the elections. That restriction had affected two political
parties which had participated in the 2003 elections. The amendments of
4 July 2003 had enlarged the list of public associations banned from
entering the electoral blocs. The applicants also produced a detailed analysis
of numerous changes in the electoral legislation after 2003, which, in their
opinion, had increased the domination of the majority party still further.
134. Second, the applicants claimed that United Russia had deliberately
misled the voters in so far as the intention of its key member to be elected to
the Duma was concerned. In the aftermath of the elections 37 freshly
elected members had renounced their mandates. Most of them had been
high-level public officials who had thus kept their positions in the executive
while ceding their places in the parliament to candidates not known to the
voters. Such a mass forfeiture of seats had violated the principle of
“legitimate expectation” on the part of the voters and was not accidental.
135. As to the first point raised by the applicants, the Court considers
that, as such, countries are free to amend and modify their legislation on
elections, provided that they remain within their margin of appreciation
under Article 3 of Protocol No. 1. In the present case the applicants (both
individual and party candidates) did not demonstrate how the changes to the
legislation they mentioned had directly affected them or the parties they
represented. Their complaint in this respect appears to be an actio popularis
and must therefore be rejected in accordance with Article 35 §§ 3 (a) and 4
of the Convention.
136. As to the forfeiture of mandates by the MPs elected on behalf of
United Russia, the Court notes that the Russian electoral system at the time
combined elements of proportional representation and the majority system
(see paragraph 38 above). By casting a vote for a political party the voter
supported the whole list of candidates, and not a particular person. It was