Alexei Navalny garnered at the elections of the mayor of Moscow in 2013, 27.24% of the vote, faced with difficulties during preparation for a new campaign — this time presidential. A fundraiser organized in support of the future candidate, his ally Leonid Volkov, now you can’t, apparently, be conducted through one of the most popular services of electronic payments “Yandex.Money.” Refusal to provide its services to the political activities of the company Volkov said on Friday.
Thus, already in the beginning of the campaign (she will be announced 100 days before the election date) Bulk partly repeats his last election experience. Four years ago, in the midst of the mayoral campaign, Navalny was sentenced to five years imprisonment in the case of “Kirovles” and taken into custody in the courtroom. This led to unprecedented outrage in Moscow (even thousands of protesters briefly blocked the Central crossroads of the country — Tverskaya and Okhotny Ryad) and, according to observers, greatly increased interest in released on the next day the opposition candidate.
Now, in addition to the re-consideration of the case of “Kirovles” Navalny limit the ability to collect donations — ostensibly to blame the state’s main Bank of the country — Sberbank, owning “Yandex.Money.” The problem Navalny stated on Monday on their resources. The operator of the payment system appealed to Volkov with a message that in a free presentation Bulk transferred as follows:
“Dude, we call CB (“Yandex.Money” in the payment system falls under their regulation), and requires that we, under any pretext, closed the purse, Leonid Volkov, in which we collect money.”
apparently, we are talking about some kind of informal communication, because of the actual correspondence with the operator Volkov (courtesy of “Газете.Ru” by him) that the platform owner suspected the owner of the wallet to use it for commercial purposes (apparently because of the amount of funds received) and was interested in the order with which you use the service.
the wolves gave requested of him by explanations:
“the Nature of these operations — the collection of voluntary donations for the campaign of Alexei Navalny on elections of the President of Russia in 2018.
Citizens voluntarily submit to me, as the head of the election headquarters, the funds that will be used to build the infrastructure needed in order to prepare for the collection of signatures in support of nomination of candidate”.
After some thought on the part of “Yandex.Money,” Volkov received a notification in which it was reported that the use of purse in the designated order “may be regarded by the regulator as being contrary to the law on elections”. Caring about the reputation of the service, the owners are compelled to stop using it for its stated purpose, and otherwise in accordance with the terms of this agreement within five days of the purse block.
Later, the press service issued an official comment, which implies that the company management has considered that these activities can be classified from the point of view of the law is ambiguous, that carries “compliance risks” (potential restrictive action by the regulator — in this case, the Central Bank). Therefore, it was decided “to change the terms of use and to make a point, limiting the collection of funds for a purse for political purposes”.
the lawyers of the Fund of struggle against corruption, led by Alexei Navalny, I don’t see activities to raise funds any violations of the law on elections, as elections have not yet been announced, and, therefore, the provisions of the law “On elections of President of the Russian Federation” currently not applicable.
This view is put forward in a conversation with “Газетой.Ru” expert on election law Alex Susumu:
“the law on presidential elections there is no direct provision prohibiting such fundraising before the official announcement of the elections, and hence to deny doing it at the Central Bank no reason”.
an Indirect confirmation of this position can be considered, and the text of the received Volkov notification, in which lawyers “Yandex.Money” give specific reference to the provisions of the user agreement and the Federal law “About national payment system”, but the paragraphs of the election law that caused their fears, do not call.
nevertheless, this does not negate the rights of “Yandex.Money” to refuse the client in the provision of services. “Formally, the question of closing the so-called e-wallet transferred to the legal plane, where there is a non-Bank credit institution, account holder and the contract between them, — said the partner of legal Bureau “Zamoskvorechye” Dmitry Shevchenko. — One of the parties to this agreement (the service operator. — “Газета.Ru”), using the right vested in it by this agreement, refuses him.”
the reasons for such refusal from the legal point of view not of fundamental importance, and importance is only the presence or absence of a right to it, the lawyer added.
“As with any transaction, the rejection of the Treaty can be challenged, however, in my view, when consideration of the dispute by the court are unlikely to be explored in discussing the reasons, because the subject of proof in a civil case will include formal study of the circumstances and conditions of the terminated contract,” — he concluded.
Judicial perspective such consideration, the team is well aware of the Bulk — about any claims in the appeal are not mentioned. But this does not prevent effective use of information drive to attract additional attention to the campaign. Bulk in the open letter demands that the head of the Central Bank Elvira Nabiullina explanations and offers a “Yandex.Money” to create a “conciliation Commission” to review the legal aspects of the case, and at the same time to attract to its work the head of Sberbank German Gref.
it Should be noted that the election law, when its provisions take effect, to strictly control formation of the electoral account of the candidate. In particular, the sum of the contributions of individuals to the election Fund may not exceed RUB6 million (according to headquarters of the candidate, collected more than 12 million rubles). Impossible the financing of campaigns by foreign citizens and legal entities. To trace the origin of donations to “Yandex.The money” just as the donated bitcoins now worth over a million rubles — absolutely anonymous. However, from the point of view of the law at the moment all the money raised are the personal funds Volkov and the elections have no relationship.
So — using your own judgement or do informal indication of the controller — “Yandex.Money” gave an additional opportunity Bulk to increase their political weight. At least, so say the experts.
“Navalny actively influence the agenda — said in an interview with “Газетой.Ru” the head of the Political expert group Konstantin Kalachev. — I believe that he deliberately uses a reflex reaction, inertia and the weight of his detractors.
Yesterday, without naming names, it was mentioned in the report of Medvedev at the Congress of “United Russia”.
It was about ideological opponents, who early began the presidential campaign. Traditionally in Russia with ideological opponents is not too stand on ceremony. That makes them martyrs. The donations were probably started with the original assumption that the partners soon “Yandex” joint venture “Yandex.The money” will react to it. After consulting with someone, or for yourself — we don’t know. But losing power.”
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