Paul
Goble
Staunton, March 23 – In a development
that reflects efforts by regional officials to be more Orthodox than the patriarch
but one that threatens Vladimir Putin’s power vertical and the country’s common
legal space, some regional governments are restricting demonstrations even more
harshly than the constitution allows and than Moscow wants to permit.
According to Yekterina Trifonova of Nezavisimaya gazeta, legal specialists
in the KPRF have called on the justice ministry to examine the situation and ensure
the constitution is obeyed, something the Russian justice ministry may be
willing to do either to give the center new levers over regional officials or
to make itself look good (ng.ru/politics/2019-03-21/3_7537_opposition.html).
At the very least, this will give Moscow
yet another way to keep regional officials in line by threatening them with
legal action for exceeding their mandates while giving the impression that
authorities in the center are actually concerned about defending the
constitution rather than being its chief violators.
The KPRF lawyers are especially
concerned by restrictions on individual protests that some regions like Kirov
oblast have introduced, something the Russian Constitution guarantees and that
Moscow practice typically allows, but they say that “illegal methods of the
struggle with public protest are encountered everywhere.”
Vadim Solovyev, a KPRF lawyer, argues
that “local laws cannot worsen the position of citizens compared with what is
written in federal legislation which is also draconian,” but unfortunately, he
continues, there are flagrant examples of such excesses in Tver, Kemerovo,
Saratov and Tomsk oblasts among others.
The KPRF complaint reflects its own
experiences, of course, but Ilya Shablinsky, a member of the Presidential Human
Rights Council says that the problem it highlights “really exists.” Such “legal creativity” at the regional level
works against other groups as well and must be reined in.
According to Shablinsky, “the
Supreme Court must clearly explain to subordinate courts that individual pickets
don’t require official permission, and the justice ministry in turn must issue
an order to its regional office to ensure that federal law is given priority
over regional ones.”
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