Ivanov appealed to the court for recognition

Ivanov filed a lawsuit on invalidating the results of the election of deputies of the legislative assembly of the Krasnoyarsk Territory of the first convocation held on April 15, 2007, and canceling the decision of the Provisional Electoral Commission of the Krasnoyarsk Territory on elections of deputies of the Legislative Assembly of the Krasnoyarsk Territory of the first convocation on the election results. The applicant referred to the fact that these elections were held on the basis of the Regulation on the election of deputies of the Legislative Assembly of the Krasnoyarsk Territory of the first convocation, approved by Decree of the President of the Russian Federation of August 21, 2006 No. 913, Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees voting rights and the right to participate in a referendum of citizens of the Russian Federation ”and other regulatory legal acts in which the form of voting against all candidates (against all lists of candidates) was canceled. However, according to Ivanov, the abolition of this form of voting does not comply with the principles, goals and objectives of the Russian federal election legislation, international treaties of the Russian Federation, in particular, Art. 4 of the Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States, concluded in Chisinau on October 7, 2002 and ratified by the Russian Federation Federal Law of June 2, 2003 No. 89-ФЗ, according to the provisions of which the principle of direct suffrage means that citizens vote in elections for the candidate and / or list of candidates, respectively. Ivanov believes that the disputed decisions of the Provisional Election Commission of the Krasnoyarsk Territory on the election of deputies of the Legislative Assembly of the Krasnoyarsk Territory violated his voting rights to vote against all candidates (against all lists of candidates).
What should be the court decision? Is the decision on whether to introduce or exclude from the norm on the form of voting against all candidates (against all lists of candidates) the prerogative of federal law? To answer these questions, analyze article 6 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” (as amended on June 12, 2006); Decision of the Constitutional Court of the Russian Federation of November 14, 2005 No. 10-P; The determination of the Constitutional Court of the Russian Federation of April 19, 2007 No. 281-O; Section 3, Art. 1 of the Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States, ratified by the Russian Federation by Federal Law of June 2, 2003 No. 89-ФЗ.