Published on 28 June 2021

THIRD SECTION

Application no. 616/15 Dmitriy Vladimirovich AGRANOVSKIY against Russia lodged on 18 December 2014 communicated on 9 June 2021

SUBJECT MATTER OF THE CASE

The application concerns elections on 4 December 2011 to the Moscow Regional Duma. The applicant participated in the elections as a candidate supported by the Communist Party in the Electrostal Electoral District. According to official election results, he received 0.48% fewer votes than a candidate from the United Russia, who won the elections.

According to the applicant, serious violations took place during the vote counting (unjustified recounts, manipulations with voting results, etc). Those violations allegedly affected the outcome of the elections and were determinative for the applicant ’ s defeat.

The applicant complained about those violations to domestic authorities, including courts. The Electrostal Town Court, the Noginsk Town Court, and the Pavlovskiy Posad Town Court dismissed his complaints on 7 August, 5 and 24 September 2013 respectively. The Moscow City Court upheld those decisions on appeal on 16 October, 23 December 2013 and on 2 July 2014. Acting as a court of the first instance, on 19 April 2013 it dismissed the applicant ’ s complaint in respect of the alleged violations by the Electoral Commission of the Electoral District. The latter decision was upheld on appeal by the Supreme Court of Russia on 31 July 2013.

QUESTION TO THE PARTIES

Has there been a breach of the applicant ’ s right to free elections as set out in Article 3 of Protocol No. 1? In particular, did the applicant put forward arguable allegations of serious irregularities during the elections of 4 December 2011 to the Moscow Regional Duma? If yes, did his complaint receive an effective examination at the domestic level? (see Davydov and Others v. Russia , no. 75947/11, §§ 271-338, 30 May 2017).