16 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT Having regard to the need for free expression for citizens during elections held at reasonable periods and the need for such elections to be of a competitive and transparent nature, the federal legislature had to put in place a set of criteria for information flow, including rules for election campaigning and its funding. To reconcile the exercise of electoral rights, freedom of expression, and freedom of mass information, the federal legislature had discretion to choose appropriate methods and means that take account of the historical conditions that prevail at a particular stage of the country’s development. To reconcile any conflict between these competing rights and freedoms, the legislature was to maintain the balance of constitutional values and not put in place disproportionate restrictions that would not be necessary in a democratic society and that would impinge upon the very essence of the protected rights. The exclusion of Russian citizens from election campaigning and the absence of legislative safeguards would mean, in substance, refusing them a realistic opportunity to influence the electoral process, confining them to the action of casting a vote. The absence of free political discussion and opportunities for a free exchange of opinions, including both candidates and citizens, during the elections would make it impossible to consider such elections as free. The legislature had to ensure adequate exercise of the citizens’ right to receive and impart information about elections. Under the Electoral Rights Act information flow was ensured by the provision of information about candidates, dates and the procedural for electoral acts, as well as by election campaigning aimed at inducing voters to vote for or against a candidate. Candidates were allowed to put in place campaign funds and to incur expenses from such funds for campaigning purposes and to have broadcast time and access to the print media, both paid and free of charge. Other citizens were allowed to engage in election campaigning without incurring expenses by way of public gatherings or otherwise. They could also make contributions to campaign funds within the limits prescribed by law. At that stage of Russia’s development the need to ensure transparent financing of elections required reinforced safeguards. Therefore, also taking into account the current realistic possibility of control over the financing of elections, the applicable regulatory framework, including sections 48, 51, 52, 58 and 50 of the Electoral Rights Act, pursued a legitimate aim and did not upset the balance of constitutional values. It also complied with the criterion of being necessary in a democratic society and was not disproportionate vis-à-vis the constitutionally protected aims. Judge Kononov issued a separate opinion, noting that a political discussion could not be a dispute about objective facts. Opinions and comments, by their nature, contain value judgments and the potential to induce a choice or a preference. Moreover, it is frequently difficult to