Federal Law No. 67-FZ of June 12, 2002
"ON BASIC GUARANTEES OF ELECTORAL RIGHTS AND THE RIGHT OF CITIZENS
OF THE RUSSIAN FEDERATION TO PARTICIPATE IN A REFERENDUM"
(as amended on September 27, December 24, 2002; June 23, July 4, 2003)
Adopted by the State Duma on May 22, 2002
Approved by the Federation Council on May 29, 2002
Democratic free and
periodical elections of bodies of state power, bodies of local self-government,
as well as referendums shall be the supreme direct expression of power that
belongs to the people. The state shall guarantee the free expression of
citizens' will at elections and referendums, the protection of democratic
principles and norms of the electoral rights rights and the right to
participate in a referendum.
Article 1. Scope of This Federal Law
1. This Federal Law defines
basic guarantees for implementation by the citizens of the Russian Federation
of their constitutional right to participate at in elections and referendums
held on the territory of the Russian Federation as provided for by the Constitution
of the Russian Federation, federal laws, constitutions (charters), and laws of
subjects of the Russian Federation, and charters of municipal
entitiesmunicipalities.
2. This Federal Law shall
be of direct action and shall applyies on the entire territory of the Russian
Federation.
3. The federal
constitutional laws, other federal laws, laws of subjects of the Russian
Federation may set forth guarantees of electoral rights of citizens and the
right to participate in a referendum supplementing the guarantees set forth in
this Federal Law.
4. The issues related to
announcing, preparing and conducting a referendum of the Russian Federation
shall be regulated by the Constitution of the Russian Federation, the Federal
Constitutional Law "On the Referendum of the Russian Federation," and
this Federal Law.
5. The basic guarantees of
electoral rights and the right of citizens of the Russian Federation to
participate in a referendum set forth by this Federal Law as well as additional
guarantees set forth by other federal laws may beshall not be amended in no
other wayotherwise than by making amendments and changes to the relevant laws.
6. Ffederal laws,
constitutions (charters), laws of subjects of the Russian Federation, other
regulatory acts on elections and referendums adopted in the Russian Federation
shall not conflict with this Federal Law. Should a federal law, a constitution
(charter), a law of a subject of the Russian Federation, a regulatory act on
elections and/or referendums adopted in the Russian Federation conflict with
this Federal Law, the provisions of this Federal Law shall apply.
Article 2. Core Main Terms and Concepts
For the purposes of this
Federal Law, the terms and concepts used herein shall be construed as follows:
a
serviceman's card, a temporary card issued in place of a serviceman's card, an
identity card (for persons who are on military service);
a
temporary identity card of a Russian Federation citizen issued in the procedure
approved by the Government of the Russian Federation while the formalities for
receipt of a passport are being completed;
a
document certifying the identity of a Russian Federation citizen, on the basis
of which a Russian Federation citizen enters the Russian Federation in
accordance with the federal law which regulates the procedure for exiting from
and entering the Russian Federation (for persons who permanently reside outside
the Russian Federation);
a
seaman's passport (identity card of a seaman);
a
certificate of an established form, issued to citizens of the Russian
Federation who are held in places where suspects and defendants are held in
custody, in the procedure established by the Government of the Russian
Federation.
For
foreign nationals indicated in Clause 10, Article 4 of this Federal Law – a
document certifying the right of a foreign national to permanent residence in
the Russian Federation in accordance with the federal law which regulates the
legal officeposition of foreign nationals in the Russian Federation.
Outside
the Russian Federation the documents which substitute for the passport of a
Russian Federation citizen are documents certifying the identity of a Russian
Federation citizen, on the basis of which a Russian Federation citizen enters
the Russian Federation, as well as other documents, on the basis of which
citizens of the Russian Federation may stay on the territory of a foreign state
in accordance with international treaties of the Russian Federation.
Article 3. Principles of Conducting Elections
and Referendums in the Russian Federation
1. A citizen of the Russian
Federation shall participate atparticipate in elections on the basis of
universal, equal and direct suffrage by with secret ballot.
2. A citizen of the Russian
Federation shall participate in a referendum on the basis of universal, equal
and direct expression of will by secret ballot.
3. Participation of a
citizen of the Russian Federation at in elections and referendums shall be free
and voluntary. No one shall compel a citizen of the Russian Federation to
participate or not to participate in elections and referendums or shall prevent
free expression of his will.
4. A citizen of the Russian
Federation residing abroad shall have all electoral rights at elections to
elections of federal bodies of state power and the full right to participate in
a referendum. Diplomatic and consular missions of the Russian Federation
shall render assistance to citizens of the Russian Federation in the
implementation of his their electoral rights at elections to elections of
federal bodies of state power and the right to participate in a referendum of
the Russian Federation set forthestablished by this Federal Law or other federal
laws.
5. When preparing and
holding elections, a referendum, counting votes and tabulating determining
vote returns, determining establishing the election results, referendum
results, election commissions, referendum commissions shall act openly and
publicly.
6. Foreign citizens, except
as otherwise provided in Clause 10, Article 4 of this Federal Law, stateless
persons, foreign legal entities shall not be engaged in activities which help
or impede the nomination of candidates (lists of candidates), election of
registered candidates, putting forth an initiative of holding a referendum,
conduct of a referendum, and achievement of a certain result at an election or
a referendum.
7. Elections and
referendums shall be organized and conducted by commissions. Interference in
the operation of such commissions by legislative (representative), or executive
bodies of state power, bodies of local self-government, any organizations,
officials, or any other persons shall not be allowed.
Article 4. Universal Suffrage and Right to
Participate in Referendum
1. A citizen of the Russian
Federation who has attained to the age of 18 years shall be entitled to elect,
vote at a referendum; and upon reaching the age set forthestablished by the
Constitution of the Russian Federation, federal laws, constitutions (charters)
and laws of subjects of the Russian Federation, he shall be entitled to be
elected to the bodies of state power, bodies of local self-government. A
citizen of the Russian Federation who has attained to the age of 18 years on
voting day, shall be entitled to participate in any other electoral activities
and other activities related to the preparation and conduct of a referendum
that are established by law and implemented with by legal methods.
2. A citizen of the Russian
Federation may elect, be elected, or participate in a referendum regardless of
the sex, race, ethnicity, language, origin, property and official status, place
of residence, religion, beliefs, affiliation to public associations and other factors.
3. Citizens declared
incapable by a court or held in custody under a court sentence shall not be
entitled to elect and be elected or to participate in a referendum.
4. A citizen residing
within the boundaries of the relevant electoral district shall be entitled to
the active electoral right. The absence of a citizen of the Russian Federation
from his place of residence in the period of elections in the electoral
district containing such place of residence shall not constitute grounds for
depriving the citizen of the right to participate in the elections to elections
of bodies of state power of the relevant subject of the Russian Federation,
bodies of local self-government. The law may grant the active electoral right
to a citizen residing outside the relevant electoral district.
5. Any limitation of the
passive electoral right due to the location of the place of residence of a
citizen of the Russian Federation in a certain area of the Russian Federation,
including qualifications related to the duration of the period of residence in
such area, shall be established by the Constitution of the Russian Federation
only.
6. Additional conditions
for the exercise by a citizen of the Russian Federation of his passive
electoral right, preventing one and the same person from occupying one and the
same elective offices for more than a certain number of consecutive terms may
be established by a federal law, the constitution (charter), or a law of a
subject of the Russian Federation.
7. In the eventIf there
exists an effective court decision in relation to a citizen of the Russian
Federation that disfranchises disfranchising such citizen from the right to
hold occupy state and/or municipal offices for a certain period, during a
certain period when such citizen shall not be registered as a candidate if
voting at elections to elections of bodies of state power, bodies of local
self-government is held before the expiration of such the said period.
8. Additional age-related
qualifications for Russian Federation citizens to exercise their passive
electoral rights may be established by the constitutions (charters) or lLaws of
subjects of the Russian Federation. The minimum age established for a candidate
shall not exceed 21 years for elections to elections of the legislative
(representative) bodies of state power of subjects of the Russian Federation,
30 years for elections of the head of the Executive bodytop executive of a
subject of the Russian Federation and 21 years for election to election of
bodies of local self-government. No maximum age limit shall be
established.
9. Full-time
deputiesDeputies working on a permanent basis or elective officials shall not
occupy any other paid offices or be involved in paid activities, with the
exception of teaching, scientific, or other creative activities; deputies of
federal bodies of state power or bodies of state power of subjects of the
Russian Federation shall not occupy other state offices, elective municipal
offices, municipal offices of municipal service, be deputies of other
representative bodies of state power, or representative bodies of local
self-government; deputies of representative bodies of local self-government
shall not occupy municipal offices of municipal service, be deputies of
representative bodies of state power. Other restrictions related to the status
of a deputy or an elective official may be established by a federal law.
10. Under international
treaties of the Russian Federation and in accordance with due legal procedure,
foreign citizens who permanently reside on the territory of a relevant
municipality shall have the right to elect and be elected to bodies of local
self-government, be involved in other electoral activities at such elections,
and participate in a local referendum on the same conditions as citizens of the
Russian Federation.
Article 5. Equal Electoral Rights and Right
to Participate in Referendum
1. Citizens of the Russian
Federation shall participate atparticipate in elections and referendums in the
Russian Federation on an equal basis.
2. In the event at If, at
an election to election of a legislative (representative) body of state power
or to a representative body of local self-government, electoral districts are
established with different number of seats, each voter shall have an equal
number of votes.
Article 6. Direct Electoral Rights, the Right
to Direct Expression of Will at Referendum
At elections or a
referendum aA citizen of the Russian Federation shall vote directly at
elections or a referendum for or against a candidate (a list of candidates)
respectively, for or against a referendum question.
Voting at elections and
referendums shall be by secret ballot, which shall exclude any control over
expression of a citizen's will.
Article 8. Term of Powers of Bodies of State
Power and Local Self-Government
1. The terms for which
federal bodies of state power, bodies of state power of subjects of the Russian
Federation, bodies of local self-government, and their respective deputies are
elected, and the terms of powers of such bodies and deputies shall be
established, respectively, by the Constitution of the Russian Federation,
federal laws, constitutions (charters), laws of subjects of the Russian Federation,
charters of municipalities. Such established term shall not exceed five years.
2. Any change (prolongation
or reduction) of the term of powers of operating elective bodies or deputies
referred to in Clause 1 of this article shall be prohibited. A regulation that
changes (prolongs or reduces) the term for which bodies of state power, bodies
of local self-government, deputies are elected, and/or the term of powers of a
body of state power, a body of local self-government, or a deputy as established
by a federal law, the constitution (charter), a law of a subject of the Russian
Federation, the charter of a municipality may be appliedshall apply only to the
bodies or deputies that are elected at elections called after the official
publication of such regulation.
3. In the event the term of
powers of operating bodies or deputies referred to in Clause 1 of this article
expires within a period during which a state of emergency or martial law is in
effect, such bodies or deputies shall exercise their powers until such state of
emergency or martial law ceases to be effective and new bodies or deputies are
elected.
Article 9. Obligatory Nature of Elections
Elections of the bodies or
deputies specified in Clause 1, Article 8 of this Federal Law shall be obligatory,
periodic and conducted at intervals set forthestablished by the Constitution of
the Russian Federation, federal laws, the constitutions (charters), laws of
subjects of the Russian Federation, and the charters of municipalities.
Article 10. Calling of Elections
1. Elections of bodies or
deputies referred to in Clause 1, Article 8 of this Federal Law shall be called
by a duly authorized body or official authorized to do so. The decision on to
calling an election shall be made taken at least 65 days before the expiration
date of the term for which the relevant body or deputies were elected. In the
event of an early termination of powers of such bodies or deputes that renders
the body ineligibleincompetent, and election shall be called nott later than 14
days after the date of such termination.
2. Voting at an election to
election of federal bodies of state power shall be held no later thannot later
than 110 days and not earlier than 80 days from the date on which the decision
on callingto call the election is adoptedtaken. Voting at an election to
election of bodies of state power of a subject of the Russian Federation shall
be held not later than 110 days and not earlier than 80 days from the date on
which the decision on to calling the election is adoptedtaken. Voting at an
election to election of bodies of local self-government shall be held not later
than 80 days and not earlier than 70 days from the date on which the decision
on to calling the election is adoptedtaken. Such decision shall be officially
published in the mass media not later than five days from the date on which the
decision on is adoptedtaken.
3. Voting at aen election
shall be set on a Sunday only. Voting shall not be set on the day preceding an
official holiday, on an official holiday that is a day-off, on a day following
an official holiday that holiday is a day-off, or on a Sunday that has been
officially declared a working day.
4. 3. If a duly authorized
body or an official authorized to do so fails to call elections within the
period established by law, or when if there is no such dulya authorized body or
an official authorized to do so is not available, the elections shall be
conducted by the relevant election commission:
а) on the first or
the second Sunday of the month following the month in which the powers of the
body or the deputies expire. In this case, the decision of the election
commission to hold the elections shall be published not later than seven days
after the expiry date of the period established in Clause 2 of this article for
the publication of a decision concerning the setting ofto call the
elections;
b) not later than 120 days
after the date of early termination of powers of the body or the deputies that
rendersing the body powerlessincompetent. In this case, the decision of the
election commission to hold the elections shall be published not later than
seven days after the expiry date of the period established in Clause 2 of this
article for the publication of a decision concerning the calling ofto call the
elections.
5. If a duly authorized
body or an official authorized to do so or the corresponding election
commission fails to appoint set the date for the election of the bodies or
deputies indicated in Clause 1, Article 8 of this Federal Law in due time or if
an appropriate election commission is not available and cannot be formed in
accordance with the procedure established by this Federal Law, the elections
shall be called by an appropriate cCourt of general jurisdiction on the basis
of applications from voters, electoral associations, electoral blocs, bodies of
state power and local self-government or a prosecutor. In this case, elections
shall be organized and held by a provisional election commission which shall be
formed for the preparation and conduct ing of such elections by the Central
Election Commission of the Russian Federation or the election commission of a
subject of the Russian Federation (depending on the level of the elections)
within 7 days after of the day when the court decision enters into legal force.
This election commission shall consist of not more than 15 members and shall be
formed in compliance with the requirements to commission membership laid down
by Articles 22 to -24 and 29 of this Federal Law.
Article 11. Legislation of the Russian
Federation on Elections and Referendums
1. The legislation of the
Russian Federation on elections are is comprised offormed by the Constitution
of the Russian Federation, this Federal Law, other federal laws, the
constitutions (charters), laws of the subjects of the Russian Federation, other
regulatory legal acts on elections adopted in the Russian Federation.
2. The legislation of the
Russian Federation on referendums are comprised ofid formed by the Constitution
of the Russian Federation, this Federal Law, other federal laws, constitutions
(charters), laws of the subjects of the Russian Federation, other regulatory
legal acts on referendums adopted in the Russian Federation.
3. In the eventIf, in the
periodin the period of an election campaign or the period of a campaign related
to a referendum of a subject of the Russian Federation or a local referendum, a
law or the charter of a municipality is adopted that contain provisions
governing the procedure of the preparation and conduct of a relevant election
or referendum, or in the event that, inif, during such period, a law or the
charter of a municipality is modified or supplemented in a way that affects the
procedure of the preparation and conduct of the relevant election or
referendum, such regulations, modifications, or supplements shall only apply to
elections or referendums called after these regulations, modifications, or
supplements have entered into force.
4. In the eventIf the term
of a body of state power of a subject of the Russian Federation or a body of
local self-government has expired, or its powers were terminated, and a
relevant law of the subject of the Russian Federation on elections is not
availabledoes not exist or a provision (provisions) of such law of the subject
of the Russian Federation cannot be applied due to a court decision rendering
it (them) ineffective or inapplicable, the election to election of such body of
state power of the subject of the Russian Federation, or to the body of local
self-government shall be conducted, with respect of the provision (provisions)
that was declared by the court ineffective or inapplicable by court, are
concernedshall be conducted, by a relevant election commission governed on the
basis ofby this Federal Law, other federal laws that supportensuring the
exercise of the right of citizens of the Russian Federation to elect and be
elected to bodies of state power or to bodies of local self-government, and, In
the eventif the existing legal basis is insufficient, also also governedon the
basis of decrees of the President of the Russian Federation, as far as the
issuesto the extent such elections are not covered by the unregulated by
lawsare concerned, by decrees of the President of the Russian Federation.
5. In the eventIf the law
of a subject of the Russian Federation on referendum of the subject of the
Russian Federation or on local referendum is unavailabledoes not exist, or a
provision (provisions) of the law of the subject of the Russian Federation
cannot be applied due to a court decision rendering it (them) ineffective or
inapplicable, the referendum of the respective level shall, with respect of the
provision (provisions) of the law of the subject of the Russian Federation that
have beenwas declared ineffective or inapplicable by court, shall be conducted
by a relevant referendum commission on the basis of this Federal Law, other
federal laws ensuring the exercise of the right of citizens of the Russian
Federation to participate in a referendum; as well as on the basis of decrees
of the President of the Russian Federation, in the event of insufficiency ofif
the existing legal basis is insufficiientinsufficient, to the extent such
referendum is not covered those aspects are not regulated by the laws also on
the basis of decrees of the President of the Russian Federation.
Chapter II. Guarantees of Right of
Citizens of the Russian Federation to Calling a Referendum
Article 12. Referendum IssuesQuestions
1. IssuesQuestions to be
submitted to a referendum of the Russian Federation and issuesquestions which
are not to be submitted to a referendum of the Russian Federation shall be
specified by a federal constitutional law.
2. IssuesQuestions may be
submitted to a referendum of a subject of the Russian Federation only if they
are within the jurisdiction of the subject of the Russian Federation, or within
joint jurisdiction of the Russian Federation and subjects of the Russian
Federation, provided such issues questions are not regulated by the
Constitution of the Russian Federation or a federal law.
3. Only issues questions of
local significance may be submitted to a local referendum.
4. The constitutions
(charters), laws of subjects of the Russian Federation, the charters of
municipalities may define issuesquestions that are subject to mandatory
submission ttal to a referendum of the subject of the Russian Federation or a
local referendum.
5. IssuesQuestions
submitted to a referendum shall not restrict or abolish generally recognized
human and civil rights and constitutional guarantees for the realization
thereof.
6. The issues questions
submitted to a referendum of a subject of the Russian Federation, a local
referendum shall not conflict with the legislation of the Russian Federation.
IssuesQuestions submitted to a local referendum shall not conflict with the
legislation of the Russian Federation Russian Federation and the legislation of
the relevant subject of the Russian Federation.
7. A referendum issue
question shall be worded formulated in such manner so as to preclude any
possibility of its multiple interpretations, i.e. so that only an unambiguous
answer can be given to it, and also so as to rule out any ambiguity of the
legal consequences of the decision made adopted at the referendum.
8. The following issues
questions shall not be submitted to a referendum of a subject of the
Russian Federation or a local referendum:
а) early termination,
prolongation, suspension of powers of bodies of state power of the subject of
the Russian Federation or bodies of local self-government; and holding of early
elections to elections of bodies of state power of the subject of the Russian
Federation, bodies of local self-government or postponement of the said
elections;
b) personal membership of
bodies of state power of the subject of the Russian Federation and bodies of
local self-government;
c) election of deputies or
officials; approval or appointment or removal of officials; consent to
appointment or removal of such officials;
d) adoption or amendment of
an existing budget; fulfillment or modification of financial commitments of the
subject of the Russian Federation or the municipality;
e) adoption of
extraordinary and urgent measures to ensure health and security of the population.
9. No restrictions shall be
established for issuesquestions to be submitted to a referendum other than
those set forth in this article.
Article 13. Circumstances under Which
a Referendum Shall not be Called or Held
1. A referendum shall not
be held if a martial law or a state of emergency have been imposed on the
territory of the Russian Federation or on the territory in which the referendum
is to be held or within a part of this territory, or within three months after
the martial law or the state of emergency have been lifted.
2. The body of state power
of a subject of the Russian Federation or the body of local self-government
that under the constitution (charter) or law of the subject of the Russian
Federation or the charter of the municipality have the authority to decide on
calling a referendum shall be entitled to deny refuse to calling a referendum
only In the eventif the regulations governing the preparation and conduct of
the relevant referendum were violated in exercising the initiative to hold such
referendum.
3. The law of a subject of
the Russian Federation, the charter of a municipality may establish a
period during which another referendum of the subject of the Russian
Federation, another local referendum with essentially the same formulation of
the question shall not be held. The said period shall not exceed two years from
the date on which the results of the referendum are officially published.
4. No circumstances other
than those indicated in this article under which a referendum shall not be held
shall be established.
Article 14. Initiative to Hold Referendum
1. In the Russian
Federation, the initiative to hold a referendum is vested in those citizens of
the Russian Federation who are entitled to participate in a referendum.
2. The initiative to hold a
referendum may be vested in other subjects by a federal law.
3. In order to initiate a
referendum and collect signatures of citizens of the Russian Federation in
support thereof, a referendum initiative group may be formed. Any citizen or a
group of citizens of the Russian Federation who are entitled to participate in
a referendum shall have the right to form such initiative group. The
iInitiative to hold a referendum may also be exercised by an electoral
association or another public association the charter of which provides for
participation atparticipation in elections and/or referendums and which is
registered in the procedure prescribed by the federal law at a level
corresponding to the level of the referendum or a higher level no later thannot
later than one year before the date of forming the referendum initiative group.
The number of members of an initiative group for a referendum of the Russian
Federation shall be set by a federal constitutional law; the number of members of
the initiative group for a referendum of a subject of the Russian Federation or
a local referendum shall be set in accordance with this Federal Law, law of the
subject of the Russian Federation, the charter of the municipality.
4. For a referendum to be
called, a referendum initiative group established in accordance with Clause 3
of this article shall submit signatures of referendum participants supporting
the referendum initiative to the body prescribed by a federal constitutional
law, a law of the subject of the Russian Federation, or by the charter of the
municipality.
Article 15. Calling of Referendum
1. Calling and conducting
of a referendum shall be mandatory if the procedure and the timing time terms
for putting forward and implementation of the referendum initiative established
by the federal constitutional law "On the Referendum of the Russian
Federation", this Federal Law, the constitution (charter), a law of a
subject of the Russian Federation, or the charter of a municipality according
to the level of the referendum have been complied with in terms of both its
advancement and implementation as prescribed by the federal constitutional law "On
the Referendum of the Russian Federation", this Federal Law, the
constitution (charter), a law of a subject of the Russian Federation, or the
charter of a municipality.
2. The fact that Adoption
by a body of state power, a governmental bodyinstitution, a body of local
self-government of takes a decision on a issue question that may be submitted
to a referendum shall not constitute a circumstance that precludes a
possibility to holding of a referendum on this issuequestion.
3. A referendum of the
Russian Federation shall be called in accordance with the Constitution of the
Russian Federation or a federal constitutional law.
4. A referendum of a
subject of the Russian Federation shall be called by the legislative
(representative) body of state power of the subject of the Russian Federation
in accordance with this Federal Law, other federal laws, the constitution
(charter) or law of the subject of the Russian Federation.
5. A local referendum shall
be called in accordance with this Federal Law, the constitution (charter) or
law of a subject of the Russian Federation, the charter of a municipality by
the representative body of local self-government; and by a court if such body
is not available or have failed to make a decision within the required period.
6. Voting at a referendum
may only be set on a Sunday. Voting shall not be set on the day preceding a
holiday, on a holiday that is a day-off, on the day following a holiday that is
a day-off holiday, or on a Sunday that hashave been duly announced in the
established procedure to be a working day. A decision to hold a referendum
of the Russian Federation, a referendum of a subject of the Russian Federation
shall be officially published in the mass media not less than 60 days prior to
the voting day of voting, a decision to hold a local referendum not less
than 45 days prior to the voting day of voting.
7. Under a law of a subject
of the Russian Federation, the charter of a municipality, and not later than 25
days prior to the referendum day, the voting day of voting at a referendum of
the subject of the Russian Federation, or at a local referendum may be
postponed until a later date (but by not more than by 90 days) by a duly
authorized body authorized to do so in order to hold such referendum on the
same day as elections to elections of bodies of state power or bodies of local
self-government, or another referendum.
8. A decision to announce a
referendum or to put off the referendum voting day in accordance with Clause 7
of this article shall be published in mass media no later thannot later than
five days after it was taken.
Chapter III. Guarantees of Rights of Citizens of the Russian Federation
in During Registration of Voters, Referendum Participants, Compilation of
Voters Lists, Lists of Referendum Participants, Formation of Electoral
Districts, Electoral Precincts and Referendum Precincts
Article 16. Registration of Voters, Referendum
Participants
1. All citizens of the
Russian Federation who are entitled to an active electoral right or the right
to participate in referendums shall be subject to registration.
2. Registration of voters,
referendum participants shall be carried out on the basis of the fact that the
place of residence of a citizen of the Russian Federation is located on the
relevant territory as established by the bodies in charge of registration of
citizens of the Russian Federation that shall be established by bodies in
charge of registration of citizens of the Russian Federation, in accordance
with the federal law regulating the procedure for the exercise by citizens of
the Russian Federation of the right to the freedom of movement, choice of the
place of stay or residence within the Russian Federation.
3. Registration of voters,
referendum participants residing outside the territory of the Russian
Federation or staying abroad on long business trips shall be on the basis of
their permanent residence or staying on long business trips on the territory of
a foreign state that shall be set by the diplomatic and consular missions of
the Russian Federation.
4. Registration of voters,
referendum participants shall be effected by the head of a relevant
municipality (if this office is not provided for by the charter of the
municipality, by a person authorized to do so by the representative
body of local self-government), the commander of a military unit, the head of a
diplomatic mission, consular mission of the Russian Federation as of January 1
and July 1 of each year. Registration of voters, referendum participants shall
be effected carried out in accordance with a the procedure established by the
regulations on the state system of registration of voters, referendum
participants that shall be approved by the Central Election Commission of the
Russian Federation.
5. For registration of
voters, referendum participants may be supported by the State Automated
Information System may be used into which the following voter data on voters,
referendum participants is entered: surname, first name, patronymic name, date
of birth, place of birth, sex, citizenship, address of his the place of
residence, type of personal identification document, series and number of this
document, name or code of the issuing authority, date of issue.
6. Federal bodies of
executive power, bodies of executive power of subjects of the Russian
Federation shall render necessary assistance to the bodies of local self-government
and election commissions in registering voters, referendum participants and
updating the data on registered voters, referendum participants.
7. A voter, referendum
participant shall be entitled to free access to documented information
(personal file) regarding him including data on machine-readable media, to
correct inaccurate data in order to insure ensure its completeness and validity
and shall be entitled to know who uses or used such data and for what purposes,
and to whom and by whom such information has beenwas provided.
Article 17. Compilation of Lists of Voters,
Referendum Participants
1. In order to ensure the
rights of voters, referendum participants, relevant election commissions shall
compile lists of voters, referendum participants on the basis of the data
obtained through the utilization of the state system of voter and referendum
participant registration and provided in compliance with the requirements of
Clause 6 of this article.
2. Citizens of the Russian
Federation who as of voting day enjoy are entitled to an the active electoral
right, the right to participate in a referendum shall be included in the lists
of voters, referendum participants in the electoral precincts, precincts for
referendum precincts.
3. . In the eventIf, under
an international treaty of the Russian Federation, foreign nationals are
entitled to participate in elections to elections of bodies of local
self-government or in a local referendum, the lists of voters, referendum
participants for elections to elections of bodies of local self-government,
local referendums shall, in accordance with the law, include foreign nationals
that have attained to the age of 18 years as of voting day, and are not covered
bydo not fall within Clause 3, Article 4 of this Federal Law and permanently
resideing on the territory of the municipality in which the said election or
referendum is held.
4. The grounds for
including a citizen of the Russian Federation on the list of voters, referendum
participants in a concrete electoral precinct, precinct for the referendum
precinct shall be constituted by the fact that his permanent place of residence
is located on the territory of this electoral precinct; and in cases specified
by this Federal Law, other federal laws and provided that his place of
residence is located on the territory of the electoral district containing the
electoral precinct, also by the fact of his temporary stay on the territory of
this precinct or possession by the citizen of an absentee certificate. The fact
that a citizen’s place of permanent residence or temporary stay is located on
the territory of an electoral district or an electoral precinct shall be
established by the bodies in charge of registration of citizens of the Russian
Federation in accordance with the legislation of the Russian Federation.
5. Military Servicemen at
Servicemen in active military service conscripts in military units, military
organizations and institutions, cadets of military professional educational
institutionsschools that are located on the territory of the relevant
municipality shall not be included in the lists of voters, referendum
participants for at elections to elections of the bodies of local
self-government, a local referendum and shall not be counted during the
determination ofwhen the number of voters, referendum participants is
determined, unless they their place of residence prior to the drafting resided
permanently or currently was located within thein said municipalities.
6. Information about
registered voters, referendum participants shall be submitted and updated by an
authorized body or official of local self-government authorized to do so.
Information about voters, referendum participants who are servicemen staying in
military units, their families and other voters, referendum participants if
they live on the territory where the military unit is stationed located or are
duly registered in the established procedure at in the military unit as the
place of their service is compiled and kept updated by the commander of the military
unit. Information about voters, referendum participants who live outside the
territory of the Russian Federation or are on long missions business trips
abroad shall be compiled and updated by the head of the diplomatic mission,
consular mission of the Russian Federation. Such information shall be sent
delivered to territorial commissions (election commissions of municipalities)
by the authorized body or official authorized to do soto territorial
commissions (election commissions of municipalities), and if none are
availableterritorial commissions do not exist - to district election
commissions, and in the cases provided for by law - to precinct commissions
immediately after voting day is set or after the commissions are formed.
7. The list of voters, referendum
participants shall be composed compiled by the appropriate commission,
usingwith the use, among other things, the State Automated System, separately
for each electoral precinct, referendum precinct on the basis of the
information submitted in accordance with anthe established form by duly
authorized the bodyies authorized to do so or authorized officials.
8. At elections to
elections of federal bodies of state power or a referendum of the Russian
Federation, precinct commissions formed at in electoral precincts or referendum
precincts, established outside the territory of the Russian Federation, shall
be entitled to compile a list of voters, referendum participants before voting
day on the basis of written applications, and on voting day, on the basis of
oral applications of citizens of the Russian Federation who have come to the
precinct commission while and who permanently residing reside outside the
territory of the Russian Federation or being are on long business trips abroad.
9. A citizen of the Russian
Federation who is entitled to an active electoral right, a right to
participate in a referendum who, is staying on voting day at elections to
elections of the federal bodies of state power, referendum of the Russian
Federation, is staying outside the territory of the Russian Federation and who
have had no opportunity to obtain absentee voting certificate or vote earlier
shall be included in the list of voters, referendum participants by the
appropriate election commission, referendum commission when he comes for voting
to the premises of the precinct commission on voting day.
10. A citizen of the
Russian Federation shall be included in the list of voters, referendum
participants only in one electoral precinct, precinct for referendum precinct.
11. Lists of voters,
referendum participants shall be compiled in two copies. The data regarding
voters, referendum participants included in the list of voters, referendum
participants shall be arranged in an alphabetical or other order (by populated
areas, streets, blocs of apartments, voters' addresses). The lists of voters,
referendum participants shall contain the family surname, given first name,
patronymic name, year of birth (for voters at the aged of 18, also the day
and month of birth), address of the place of residence of the voter, referendum
participant. A list of voters, referendum participants shall provide blank
spaces for a voter, referendum participant to sign for each ballot received by
the voter, referendum participant, and blank spaces for entering summary data
for each type of election, referendum, and for the signature of the member of
the precinct commission issuing the ballot (ballots) to the voter, referendum
participant.
12. The first copy of the
list of voters, referendum participants shall be signed by the chairman and the
secretary of the commission that has compiled the list. In electoral precincts,
referendum precincts that are established on the territory of a military unit,
in a remote or a hard-to-reach area, the list of voters, referendum
participants shall be signed by the chairman and the secretary of the precinct
commission. The list of voters, referendum participants shall be certified by
the seals of the territorial commission (the district election commission, the
municipality election commission ) and the precinct commission, respectively.
The procedure and time of making the preparation and use of the second copy of
the list of voters, referendum participants, and its submission to the relevant
precinct commission, and of its certification and updating shall be defined
determined by the commission organizing the election or the referendum.
13. The relevant
territorial commission (the district election commission, the municipality
election commission) shall transfer the first copy of the list of voters,
referendum participants of a specific electoral precinct, precinct for the
referendum precictprecinct to the precinct commissions in accordance with a
transfer certificate not later than 25 days prior to the election day or the
referendum day. A precinct commission shall be entitled to divide the first
copy of the list of voters, referendum participants into separate books. Each
such book shall be sewn (stitched) together not later than on the day preceding
voting day, and certified by the seal of the corresponding precinct commission
and a the signature of its chairman.
14. The precinct commission
shall update the list of voters, referendum participants in compliance with the
procedure established for organization of interaction and cooperation of
election commissions and referendum commissions with the bodies of local
self-government, institutions and organizations in charge of the registration
of voters, referendum participants. A verified and updated list of voters, referendum
participants shall be signed by the precinct commission’s chairman and
secretary and certified by the seal of the precinct commission.
15. The list of voters,
referendum participants shall be displayed made available by the precinct
commission for inspection by to voters, referendum participants for inspection
and further updating verification not later than 20 days prior to voting day.
16. A citizen of the
Russian Federation who are is entitled to an active electoral right, the right
to participate in a referendum shall be entitled to apply to a precinct
commission about his non-enrollment inclusion on the list of voters, referendum
participants or regarding any mistake or inaccuracy of the his data on him on
the list of voters, referendum participants. The precinct commission shall
review consider such applications and submitted documents within 24 hours
of the submission or within 2 hours if submitted on voting day but not
later than the end of voting, and rectify correct the mistake or inaccuracy
or issue a written response to the applicant stating the reasons for the
rejection of the application. A citizen may be excluded removed from the list
of voters, referendum participants which has been signed by the chairman and
the secretary of the relevant commission and certified by the commission’s seal
in accordance with the procedure provided for by Clause 12 of this article only
on the basis of official documents or In the eventif an absentee certificate
was issued to the voter, referendum participanthas been issued and absentee
certificate, or his inclusion he is included in another list of voters,
referendum participants. In such case, the fact of exclusion removal and the
date on which the citizen of the Russian Federation was excluded removed from
the list and the reasons for exclusiondingremoval shall be indicated in the
list of voters, referendum participants and in the database of the State
Automated Information System. This entry in on the list of voters, referendum
participants shall be certified by a the signature of the chairman of the
precinct commission. The decision of the precinct commission may be appealed to
a higher commission or to a court (at the location of the precinct commission)
that shall review consider the appeal within 3 days or immediately if submitted
within three days of before voting day or on voting day. Each citizen of the
Russian Federation shall be entitled to notify the precinct commission of a
change inthat the data, specified by Clause 5, Article 16 of this Federal
Lawprovided for by Clause 5, Article 16 of this Federal Law, of voters,
referendum participants included in the list of voters, referendum participants
inat the respective precinct has been changed.
17. Voters, referendum
participants who occur are at locations places of their temporary stay and are
working at continuously operating organizations or are involved in such types
of operations where no shortening of work (working shift) is possible, and
military personnel occurring being outside their garrisons may, by their
personal application submitted in accordance with the due legal procedure
established by law, be included in the lists of voters, referendum participants
at in the electoral precinct, referendum precinct at the location place of
their temporary stay not later than seven days before voting day.
18. Modifications ofto the
list of voters, referendum participants shall not be allowed after the end of
voting and the beginning of the vote count.
Article 18. Formation (Establishment) of
Electoral Districts, Referendum Districts
1. In order to conduct
elections, single-seat and/or multi-seat electoral districts shall be formed
established or a single electoral district shall be formed; in order to conduct
a referendum, a referendum district shall be established.
2. Single-seat and/or
multi-seat electoral districts are shall be formed on the basis of the data on
the number of voters registered on the relevant territory in accordance with
Clause 4, Article 16 of this Federal Law. A relevant election commission shall,
not later than 80 days prior to the expiration of the period within which the
election must be called, establish the scheme of single-seat and/or multi-seat
districts specifying their boundaries, listing the administrative/territorial units,
or municipalities, or populated areas falling into each electoral district (in
the eventif an electoral district includes a part of the territory of an
administrative/territorial unit, or a municipality, or a populated area, the
scheme shall indicate the boundaries of such part of the territory of the
administrative/territorial unit, or a the municipality, or a the populated
area), specifying the number of each electoral district, the location of each
district election commission or an election commission authorized to exercise
the powers of the a district election commission, and the number of voters in
each electoral district. The appropriate legislative (representative) body of
state power, representative body of local self-government shall approve the
scheme of electoral districts not later than 20 days prior to the expiration of
the period within which the election must be called, and this body shall be
entitled to amend the proposed scheme before the electoral district scheme is
approved.
3. If there are no
legislative (representative) bodies of state power, representative bodies of
local self-government are not available on the territory where elections are to
be held or a new scheme of single-seat and/or multi-seat electoral districts
has not been approved by the time specified in Clause 2 of this article, the
election commission organizing the election shall take one of the following
decisions:
а) if the scheme of
electoral districts approved for the purposes of the election to elections of
bodies of state power, bodies of local self-government of the previous
convocation (hereinafter, the "previous scheme of the districts")
complies with the requirements set forth in this Federal Law, a decision on to
holdng the election by using the previous scheme of districts;
b) if the previous scheme
of districts does not satisfy the requirements set forth in this Federal Law
and/or has been duly declared invalid and inapplicable by a court in accordance
with the procedure established by the federal law, a decision on to holdng the
election by in electoral districts the scheme of which is to be established in
accordance with law the by the election commission organizing the election and
approved by this commission not later than five days from the date on which the
decision on to calling the election is officially published. In such case, if
the number of deputies elected by with the use of the new scheme of districts
shall remains unchanged, and the election commission, in defining determining
such scheme, shall only be entitled, apart from updating the number of voters,
to introduce alterations to in the previous scheme of the districts, with such
alterations to be made only in those districts that fail to meet the
requirements of Clause 4 of this article, and/or to supplement the previous
scheme of districts to the extent as far as it was declared invalid and
inapplicable. In the eventIf the said modifications alterations and supplements
resulted in modification of the boundaries of other districts in the previous
scheme of the districts, the commission may change the boundaries of such
districts in accordance with the requirements of Clause 4 of this article.
4. Single-seat and/or
multi-seat electoral districts shall be formed to meet the following requirements:
а) approximately
equal numbers of voters in single-seat electoral districts, with a permissible
deviation from the average voters’ representation quota not exceeding 10
percent, and for remote areas and hard-to-reach areas not exceeding 30 percent.
In forming multi-seat electoral districts, approximate equality of the numbers
of voters per one deputy seat shall be observed approximately equal. In a
multi-seat electoral district, the deviation from the average voters’
representation quota multiplied by the number of deputy seats in this district
shall not exceed ten percent of the average voters’ representation quota, and
15 percent in hard-to-reach or remote areas. These requirements need not apply
be observed at to elections to elections of federal bodies of state power,
other federal state bodies if according to the federal laws at least one
electoral district is shall be established on the territory of each subject of
the Russian Federation.
The requirements contained
in the first sentence of this sub-cClause shall not apply if on the territory
of an autonomous region comprised in another subject of the Russian Federation
a one single-seat electoral district covering the entire territory of such
autonomous region is formed established for elections of deputies to the
legislative (representative) body of state power of the subject of the Russian
Federation. If the application of provisions contained in the first sentence of
this sub-cClause entails the formation of an electoral district containing parts
of the territories of more than one municipality, or formation of an electoral
district containing the territories of one or more municipalities and a part of
the territory of another municipality, separate single-seat electoral districts
at an election of deputies of the legislative (representative) body of state
power of the subject of the Russian Federation may be established with a
maximum acceptable deviation from the average voters’ representation quota not
exceeding 20 percent. A list of remote and hard-to-reach localities areas shall
be established by the law of the subject of the Russian Federation
that became effective before the day of the official publication of the
decision to call the election;
b) when establishing
electoral districts in the areas populated by indigenous small peoples as
defined by the law of a subject of the Russian Federation, the permissible
deviation from the average voters’ representation quota in accordance with the
law of the subject of the Russian Federation may exceed the above limit, but
shall not be exceeding more than 40 percent;
c) an electoral district
shall constitute a single territory; creation of an electoral district
consisting of non-adjacent territories shall not be allowed, with the exception
of enclave territories.
5. The requirements to the
formation of single-seat and/or multi-seat electoral districts set forth in
Clause 4 of this article shall be met with due consideration for the
administrative-territorial structure (division) of a subject of the Russian
Federation, territory of municipalities.
6. If, in accordance with
the constitution (charter), or a law of a subject of the Russian Federation,
either of the chambers of its two-chamber legislative (representative) body of
state power of the subject of the Russian Federation is formed out ofwith
representatives of administrative-territorial units or municipalities,
Sub-cClauses "a" and "b" of Clause 4 of this article shall
not apply to the formation of such chamber.
7. The scheme of
single-seat and/or multi-seat electoral districts, including its graphical
representation, shall be published (made public) by the appropriate
representative body of state power, representative body of local
self-government, or the election commission organizing the election not later
than five days upon its approval.
8. If a multi-seat
electoral district is established, the number of seats to be distributed in the
district shall not exceed five. This restriction shall not apply to an election
to election of a body of local self-government in an electoral district that is
equal to formed within the boundaries of a municipalityan electoral precinct.
Article 19. Formation of Electoral Precincts,
Referendum Precincts
1. Electoral precincts,
referendum precincts shall be formed to conduct voting and count votes.
2. Electoral precincts,
referendum precincts shall be formed by the head of a municipality with the
concurrence of the relevant commissions, referendum commissions (if the charter
of the municipality does not provide for such office, by a person authorized to
do so by the representative body of local self-government), or the persons
indicated in Clauses 3 and 6 of this article, by the relevant commissions in
accordance with the procedure provided for in Clause 5 of this article, on the
basis of the data concerning on the number of voters, referendum participants
registered on the territory of the electoral precinct, referendum precinct in
accordance with Clause 4, Article 16 of this Federal Law, with not more
than 3 thousand voters, referendum participants per precinct. Electoral
precincts, referendum precincts shall be formed not later than 45 days prior to
voting day.
3. For citizens of the
Russian Federation staying outside the territory of the Russian Federation, electoral
precincts, referendum precincts shall be formed by the hHeads of diplomatic or
consular missions of the Russian Federation on the territory of the country
where they stay. The provisions regarding the number of voters, referendum
participants set forth in Clause 2 of this article shall not apply if electoral
precincts, referendum precincts are formed outside the territory of the Russian
Federation.
4. The boundaries of
electoral precincts shall not cross the boundaries of electoral districts. The
procedures for assigning electoral precincts formed outside the territory of
the Russian Federation to electoral districts formed for elections of federal
bodies of state power shall be set by a federal law.
5. In places where voters,
referendum participants temporarily stay (hospitals, sanatoriums, holiday
hotels, detention centers for suspected or accused persons, and other places of
temporary stay of voters), in remote areas and hard-to-reach areas, on ships at
sea on voting day and at polar stations, electoral precincts, referendum
precincts may be formed within the periods set forthindicated in Clause 2 of
this article, and in exceptional cases and upon approval by the higher
commission, not later than 5 days before voting day. Such electoral precincts
shall be included in electoral districts where the electoral precincts are
located or where the ships are registered. At elections to elections of bodies
of state power of a subject of the Russian Federation, to bodies of local
self-government, in at a referendum of a subject of the Russian Federation, a
local referendum, the law of the subject of the Russian Federation may
prescribe a different procedure for assignment of precincts established at
ships that are at sea on voting day to electoral districts, referendum
districts. In hard-to-reach or remote areas, electoral precincts, referendum
precincts may be set established by a higher commission with concurrence ofwith
the concurrence of the captain of the ship, the head of the polar station,
heads of organizations located in hard-to-reach or remote areas.
6. Servicemen shall vote in
regular electoral precincts, referendum precincts. In military units, electoral
precincts, referendum precincts may be formed by commanders of such military units
in the cases, and in thea procedure and at the time established by law.
7. Lists of electoral
precincts, referendum precincts indicating their boundaries and numbers,
location of precinct commissions, and polling stationsvoting premises shall be
published by the head of a municipality (in the eventif no such office is
provided for by the charter of the municipality, by a person authorized to do
so by the representative body of local self-government) no later thannot later
than 40 days before voting day. The procedure for providing the said
information to voters, referendum participants in the circumstances described
in Clauses 3 and 5 of this article is shall be established by law.
Chapter IV. Election Commissions, Referendum Commissions
Article 20. System and Status of Election
Commissions, Referendum Commissions
1. The following election
commissions, referendum commissions shall function in the Russian Federation:
the Central Election
Commission of the Russian Federation;
election commissions of
subjects of the Russian Federation;
election commissions of
municipalities;
district election
commissions;
territorial (raion, city,
and other) election commissions;
precinct commissions.
2. In holdingWhen relevant
referendums are held, the Central Election Commission of the Russian
Federation, election commissions of subjects of the Russian Federation,
election commissions of municipalities, territorial election commissions shall
act in the capacity of referendum commissions. Other election commissions may act
as referendum commissions on the basis of the decision of the relevant higher
election commissions in charge of the formation of election commissions that
shall be made taken in the procedure provided for by Clause 9 of this article.
3. Commissions shall
support ensure the implementation and protection of electoral rights and the
right of citizens of the Russian Federation to participate in a referendum,
prepare for and conduct elections and referendums in the Russian Federation.
4. Commissions shall, within
the scope of their competence, consider complaints grievances about violations
of law that they receive in the course of the an election campaign or the a
referendum campaign, check these complaints grievances and give written answers
to the persons who submitted such grievances within five days but not later
than the day preceding voting day; or immediately if such grievances are
received on voting day or on the day which followsfollowing voting day. If the
facts stated in such grievances complaints require additional verification,
decisions thereon shall be taken within ten days. If a complaint indicates
grievance states that a candidate, an electoral association, an electoral bloc,
a referendum initiative group violated a law, such candidate, electoral
association, electoral bloc, referendum initiative group or authorized
representatives thereof shall be immediately notified of receipt of such
complaint grievance and may provide explanations on the substance of the
claimstatement.
5. Commissions shall be
entitled to submit requests applications to law enforcement authorities, bodies
of executive power for to carrying out the required investigations and check
violations of law, the grounds of such applications may include complaints
grievances described in Clause 4 of this article. The law enforcement
authorities, bodies of executive power shall take measures to put an endcheck
to the violations within five days, and In the event the submittalif an
application was received five days or less before voting day, - not later than
the day preceding voting day, and immediately if an application is received on
voting day and the day following voting day and without delay inform the
applying commission about the results of the actions measurestaken. If the facts
stated in the submittal application require additional verification the said
measures shall be taken within ten days.
6. Commissions shall inform
voters, referendum participants about the time and the procedure for
performance of electoral actions, actions connected with the preparation and
conduct of a referendum, about the progress of the election campaign, the
referendum campaign, and about candidates, electoral associations, electoral
blocs which nominated candidates, or lists of candidates.
7. Competence, powers and
procedures for activities of the Central Election Commission of the Russian
Federation shall be set by this Federal Law, other federal laws. Competence,
powers and procedures for activities of other commissions in the preparation
and conduct of elections to elections of federal bodies of state power and a
referendum of the Russian Federation shall be set by this Federal Law, other
federal laws.
8. Competence, powers and
procedures for activities of election commissions of subjects of the Russian
Federation, election commissions of municipalities, district election
commissions, territorial and precinct commissions during the preparation and
conduct of elections to elections of bodies of state power of subjects of the
Russian Federation and bodies of local self-government, and referendums in
subjects of the Russian Federation and local referendums shall be set forth by
this Federal Law, the constitutions (charters), laws of subjects of the Russian
Federation, and the charters of municipalities.
9. Combination of by
commissions of’ powers related to theto prepareation and conduct of elections,
referendums of various levels shall be allowed possible only on the basis of
the decision of the commission organizing the election, the referendum on a
certain territory, which decisionthat is taken shall be made on the basis of an
application of a commission organizing the election, the referendum in a part
of this territory. Combination by commissions of powers to prepare and conduct
elections, referendums of the same level shall be effected allowedpossible on
the basis of a decision of the commission organizing the elections,
referendums.
10. Decisions of a higher
commission made taken within its competence shall be binding upon lower
commissions.
11. Decisions of a
commission which conflicts with a law or which has beenwas taken by a
commission in excess of its established competence shall be cancelled by a
higher commission or or overruled by a cCourt. In this case, the higher
commission shall be entitled to make a decision on the substance of the
matter or forward the relevant documents for reconsideration by the commission
a decision of which has beenwas revokedcancelled.
12. Within the limits of
their competence, commissions shall be independent of bodies of state power and
bodies of local self-government.
13. Decisions and other
acts of commissions adopted within their competence shall be binding upon
federal executive bodies of state power, executive bodies of state power of
subjects of the Russian Federation, state institutions, bodies of local
self-government, candidates, electoral associations, electoral blocs, public
associations, organizations, officials, voters and referendum participants. No
state registration shall be required for Decisions and other acts of
commissions shall not be subject to state registration.
14. Financial support of
activities of the Central Election Commission of the Russian Federation shall
be effected out offrom the funds allocated for this purpose by the federal law
on the federal budget for the relevant fiscal year. Financial support of
activities of the election commission of a subject of the Russian Federation
shall be effected out offrom the finds funds allocated for this purpose by the
law of the subject of the Russian Federation on the budget of the subject of
the Russian Federation for the relevant fiscal year and out offrom the funds
from of the federal budget in accordance with the procedure and in the amount
set by the Central Election Commission of the Russian Federation within the
limits of funds allocated for these such purposes by the federal law on the
federal budget for the relevant fiscal year. Financial support of activities of
the a municipality election commission of a municipality, a territorial
commission functioning on a permanent basis and constituting a legal entity
shall be effected out offrom funds from of the budget of the subject of the
Russian Federation and/or the local budget within the limits of funds allocated
for these such purposes by the law of the subject of the Russian Federation on
the budget of the subject of the Russian Federation, and/or the regulatory act
of the body of local self-government on the local budget for the relevant
fiscal year.
15. The Central Election
Commission of the Russian Federation, the election commissions of subjects of
the Russian Federation, municipality election commissions, and territorial
commissions shall submit reports on the expenditure of the funds allocated from
the relevant budgets to support their activities, the conduct of elections and
referendums in accordance with a the procedure established by the
legislation of the Russian Federation.
16. State bodies, bodies of
local self-government, state and municipal institutions and their officials
shall render assistance to commissions in the exercise of their powers; in
particular, by providing them, free of charge, with necessary premises,
including premises for safe keeping of electoral documents and
referendum-related documents before such documents are handed over to an
archives or destroyed upon expiry of safe keeping periods established by law,
make arrangements for guarding the provided premises, rooms, and the said
documents, and provide, free of charge, vehiclestransportation means, telecommunication
means and technical equipment.
17. Organizations with a
charter capital in which the state and/or municipality holds a stake exceeding
30 percent as of the day of the official publication of the decision to call
the an election, or the official publication of the decision to call the a
referendum, officials of such organization shall assist commissions in the
exercise of their powers, in particular, by providing them
transportationvehicles means, telecommunication means and technical equipment,
office premises.
18. The state and municipal
television and/or radio broadcasters, and/or editors editorial offices of state
and municipal periodical print media shall provide commissions, free air time
for information of voters, referendum participants, in accordance with the
procedure established by this Federal Law, other laws,of voters, referendum
participants as well as free space in print media for publication of the
commissions’ decisions and acts, placement of other printed information.
Related The expenditures of television and radio broadcasters and editors
editorial offices of periodical print media are shjall be governed effected in
accordance with theby procedure established by Clause 10, Article 50 of this
Federal Law.
19. State bodies, bodies of
local self-government, public associations, organizations of all forms of
ownership, including television and/or radio broadcasters (hereinafter the
"TV and radio broadcasting organizations"), editors editorial offices
of periodical printed media, and officials of these bodies and organizations
shall provide commissions with necessary information and materials, respond to
applications of made by commissions within five days but not later than the day
preceding voting day, and immediately if an application is made on the day
preceding voting day and on voting day, immediately. Such The said information
and materials shall be provided to commissions free of charge.
Article 21. Procedure for Formation and Status
of the Central Election Commission of the Russian Federation
1. The Central Election
Commission of the Russian Federation shall be a federal state body organizing
the preparation and conduct of elections, referendums in the Russian Federation
in accordance with its powers established by this Federal Law, other federal
laws.
2. The Central Election
Commission of the Russian Federation shall operate on a permanent basis and
shall be a legal entity.
3. The term of powers of
the Central Election Commission of the Russian Federation shall be four years.
In the eventIf the term of the Central Election Commission of the Russian
Federation expires in the periodin the period of an election campaign, in the
periodin the period between the setting announcement of a referendum of the
Russian Federation and the end of the referendum campaign organized by the
Central Election Commission of the Russian Federation, the term of powers of
the Central Election Commission of the Russian Federation shall be extended until
the end of the election campaign, referendum campaign. This provision shall not
apply to repeat elections or by-elections of deputies of the State Duma of the
Federal Assembly of the Russian Federation in single-seat electoral districts.
4. The Central Election
Commission of the Russian Federation shall consist of fifteen members. Five
members of the Central Election Commission of the Russian Federation shall be
appointed by the State Duma of the Federal Assembly of the Russian Federation
out offrom among the candidates proposed by the factions, other associations of
deputies of the State Duma of the Federal Assembly of the Russian Federation,
or by individual deputies of the State Duma of the Federal Assembly of the
Russian Federation. Each association of deputies in the State Duma of the
Federal Assembly of the Russian Federation may appoint not more than one
representative. Five members of the Central Election Commission of the Russian
Federation shall be appointed by the Federation Council of the Federal Assembly
of the Russian Federation out offrom among the candidates nominated by the
legislative (representative) bodies of state power of subjects of Russian
Federation and top officials executives of subjects of the Russian Federation
(the heads of the highest executive bodies of state power of subjects of the
Russian Federation). Five members of the Central Election Commission of the
Russian Federation shall be appointed by the President of the Russian
Federation.
5. Members of the Central
Election Commission of the Russian Federation shall must have higher legal
education or an advanced academic degree in law.
6. Members of the Central
Election Commission of the Russian Federation shall organize work by in
specific areas of activity of the Central Election Commission of the Russian
Federation defined by the Rules of Procedure of the Central Election Commission
of the Russian Federation, and shall bear responsibility for the results of
work in the said areas.
7. Members of the Central
Election Commission of the Russian Federation shall elect, out offrom among
their number members and by secret ballot , the Chairman of the Central
Election Commission of the Russian Federation, the Deputy Chairman of the
Central Election Commission of the Russian Federation and the Secretary of the
Central Election Commission of the Russian Federation.
8. The Central Election
Commission of the Russian Federation shall be theact as an election commission
organizing elections to elections of federal bodies of state power, and the as
a referendum commission organizing referendums of the Russian Federation.
9. The Central Election
Commission of the Russian Federation shall:
а) exercise control
over the observance of the electoral rights of citizens of the Russian Federation
and the right of citizens to participate in a referendum;
b) develop standard quotas
for technological equipment required for the work of commissions, approve these
standard quotas, and exercise control over observance thereof, and arrange for
the placement of orders for manufacturing of such standard technological
equipment;
c) ensure the
implementation of measures related to the preparation and conduct of elections,
referendums, improvement of the electoral system in the Russian Federation;
introduction, operation, and improvement of means of automation, legal
education of voters, professional training of commission members, and other
individuals involved in organization of elections, referendums, publication of
requisite required printed materials;
d) implement measures aimed
at ensuring a uniform procedure for allocation of air time and space in print
media between to registered candidates, electoral associations, electoral blocs
for the purposes of election campaigning, between to the referendum initiative
group and other groups of referendum participants for the purposes of
campaigning on issuesquestions of the referendum, tallying determination of the
vote returns, establishment of the results of elections, referendums, and as
well as ensuring the procedure for publication of the voting vote
resultsreturns, the outcomes results of elections, referendums;
e) implement measures aimed
at arranging for the funding of the preparation and conduct of elections,
referendums; distribute the funds allocated from the federal budget as
financial support to the preparation and conduct of elections, referendums;
control the proper use of the above funds;
f) render legal,
methodological, organizational, and technical support to commissions;
g) implement international
cooperation in the field of electoral systems;
h) hear the information of
federal bodies of executive power, executive bodies of subjects of the Russian
Federation and bodies of local self-government on issues related to the
preparation and conduct of elections to elections of federal bodies of state
power and referendums of the Russian Federation;
i) set standards by which
lists of voters, referendum participants and other electoral documents and
documents related to the preparation and conduct of referendums are to be
produced;
j) consider complaints
appeals (applicationsgrievances) about against decisions and actions
(omissions) of lower commissions, and take reasoned decisions on such appeals
(grievances)complaints (applications);
k) exercise other powers in
accordance with this Federal Law, other federal laws.
10. The Central Election
Commission of the Russian Federation shall consider complaints appeals against
decisions and actions (omissions) of the election commissions of subjects of
the Russian Federation and officials thereof that are claimed to have
violatinged the electoral rights of citizens and the right of citizens to
participate in referendums at elections to elections of bodies of state power
of subjects of the Russian Federation, referendums of subjects of the Russian
Federation, elections to elections of bodies of local self-government, local
referendums in accordance with Clause 7, Article 75 of this Federal Law.
11. The Central Election
Commission of the Russian Federation shall, within the limits of the funds
allocated to it under the federal law on the federal budget for the relevant
fiscal year in accordance with the legislation of the Russian Federation,
determine the amount of and set the procedure for compensation of workers of
institutions and organizations established to support its operation.
12. The Central Election
Commission of the Russian Federation, in conjunctiontogether with federal
bodies of state power, the election commissions of subjects of the Russian
Federation, bodies of executive power of subjects of the Russian Federation,
and bodies of local self-government shall organize a state system of
registration of voters, referendum participants and be involvedtake part in the
implementation of such registration.
13. The Central Election
Commission of the Russian Federation, within the scope of its
authoritycompetence, shall be entitled to issue binding binding
manualsinstructions on issuesrelated to the of uniform application of this
Federal Law.
14. The Central Election
Commission of the Russian Federation shall be entitled to issue conclusions on
compliance of laws and other regulations of subjects of the Russian Federation
with this Federal Law and other federal laws that govern the electoral rights
of citizens of the Russian Federation and their right to participate in a
referendum.
15. The Central Election
Commission of the Russian Federation shall have its official printed bulletin.
Article 22. General Terms and Conditions of
Formation of Election Commissions of Subjects of the Russian Federation,
Election Commissions of Municipalities, District Election Commissions,
Territorial, Precinct Commissions
1. Election commissions of
subjects of the Russian Federation, municipality election commissions, district
election commissions, territorial, precinct commissions shall be formed on the
basis of proposals from made by political parties, electoral blocs that have
nominated lists of candidates included in the distribution of deputy seats in
the State Duma of the Federal Assembly of the Russian Federation, the
legislative (representative) body of state power of the relevant subject of the
Russian Federation, public associations.
2. Election commissions of
municipalities, district election commissions for elections to elections of
bodies of state power of a subject of the Russian Federation, bodies of local
self-government, territorial, precinct commissions shall be formed on the basis
of proposals specified in Clause 1 of this article, and proposals made by
electoral associations, electoral blocs that have nominated lists of candidates
included in the distribution of deputy seats in the representative body of
local self-government.
3. In the event of early
termination of powers of the State Duma of the Federal Assembly of the Russian
Federation, the legislative (representative) body of state power of a subject
of the Russian Federation, or representative body of self-government, the right
to make proposals concerning the candidaturescies for members of election
commissions shall be retained by electoral associations, electoral blocs that
nominated lists of candidates included in the distribution of deputy seats in
the State Duma of the Federal Assembly of the Russian Federation, the
legislative (representative) body of state power of a subject of the Russian
Federation, the representative body of local self-government of the last
convocation, and such proposals shall be subject to consideration in accordance
with the procedure provided for by Clause 7, Article 23, Clause 8, Article 24,
Clause 7, Article 25, Clause 7, Article 26, Clause 5, Article 27 of this
Federal Law.
4. Not more than one
representative of each political party, electoral or other public association,
electoral bloc may be appointed member of an election commission. A political
party, an electoral association, another public association, an electoral bloc
shall not be entitled to nominate simultaneously at a time, more than one
candidaturescies for appointment as member of a commission.
5. State and municipal
officials shall not constitute more than 1/3 of the total number of members of
the election commission of a subject of the Russian Federation, the a
municipality election commissionof a municipality, a district election
commission, a territorial or precinct commission. This provision may be
inapplicable to the formation of precinct commissions at int electoral
precincts established in on the territories of military units located in
isolated remote areas or outside the territory of the Russian Federation.
6. The body that appoints
appointing a citizen of the Russian Federation duly nominated as a commission
member in accordance with the requirements established by this Federal Law a
member of a commission shall obtain a written consent of this citizen of the
Russian Federation to become a member of the relevant commission.
7. In the eventIf bodies of
state power, bodies of local self-government, commissions, duly authorized to
do so by this Federal Lawbodies of state power, bodies of local self-government
commissions fail to appoint all or some members of a commission within the
period prescribed established by law, or In the eventon the relevant territory
no if such body of state power, body of local self-government is not available
on the relevant territory, or In the eventif the relevant commission has not
been formed, all or some members of the election commission of the subject of
the Russian Federation shall be appointed by the Central Election Commission of
the Russian Federation; of the commission of a municipality - by the election
commission of a subject of the Russian Federation; of another commission - by a
higher commission in compliance with the requirements of this Federal Law and
the other laws.
8. Law shall establish
periodsThe period within which commissions must be formed, and periods the
period for acceptance of during which nominations for membership in commissions
are acceptedshall be set by law. For commissions operating on a permanent basis,
the period, of within which nomination acceptance bythe bodies forming such
commissions shall accept nominations, shall not be shorter than one month, and
not shorter than ten days for the other commissions, not shorter than ten days.
Article 23. Procedure of Formation and Powers
of Election Commissions of Subjects of the Russian Federation
1. Election commissions of
subjects of the Russian Federation shall be state bodies of subjects of the
Russian Federation that organize the preparation and conduct of elections,
referendums of the Russian Federation within the scope of their competence
established by this Federal Law, other federal laws, and laws of subjects of
the Russian Federation.
2. The election commissions
of subjects of the Russian Federation shall operate on a permanent basis and
shall be legal entities.
3. The term of powers of
election commissions of subjects of the Russian Federation shall be four years.
In the eventIf the term of the election commission of a subject of the Russian
Federation expires in the periodin the period of an election campaign, in the
periodin the period between calling announcement of a referendum and the end of
the referendum campaign where this commission is involvedtakes part, the term
of its powers shall be extended until the end of the election campaign,
referendum campaign. This provision shall not apply to repeat elections or
by-elections of deputies of the legislative (representative) body of state
power of the subject of the Russian Federation.
4. The number of voting
members of the election commission of a subject of the Russian Federation shall
be set by the constitution (charter), the law of the subject of the Russian
Federation and shall not be smaller than 10 and greater than 14.
5. The election commission
of a subject of the Russian Federation shall be formed by the legislative
(representative) body of state power of the subject of the Russian Federation
and the top executive of the subject of the Russian Federation (the head of the
highest executive body of state power of the subject of the Russian Federation)
on the basis of proposals referred to in Clause 1, Article 22 of this Federal
Law and proposals made by representative bodies of local self-government, the
previous election commission of the subject of the Russian Federation, and the
Central Election Commission of the Russian Federation.
6. One hHalf of the members
of the election commission of a subject of the Russian Federation shall be
appointed by the legislative (representative) body of state power of the
subject of the Russian Federation, the other half, by the top executive of the
subject of the Russian Federation (the head of the highest executive body of
state power of the subject of the Russian Federation).
7. Both the legislative (representative)
body of state power of a subject of the Russian Federation and the top
executive of the subject of the Russian Federation (the head of the highest
executive body of state power of the subject of the Russian Federation) shall
appoint at least a half of the total number of members of the election
commission of the subject of the Russian Federation, appointed by them, on the
basis of nominations proproposals made posed by:
а) political parties,
electoral blocs that have nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation.
8. In the event of an early
termination of powers of a member of the election commission of a subject of
the Russian Federation appointed by recommendation of a political party, an
electoral bloc in accordance with Clause 2 of this article, the vacancy shall
be filled by a nominee of the same political party or electoral bloc if such
party or bloc make such nomination.
9. Both the legislative
(representative) body of state power of the subject of the Russian Federation
and the top executive of the subject of the Russian Federation (the head of the
highest executive body of state power of the subject of the Russian Federation)
shall appoint at least one member of the election commission of the subject of
the Russian Federation on the basis of proposals received from the Central
Election Commission of the Russian Federation.
10. The election commission
of the a subject of the Russian Federation shall:
а) exercise, on the
territory of the subject of the Russian Federation, on the territory of the
subject of the Russian Federation exercise control over the observance of the
electoral rights of citizens of the Russian Federation and the right of
citizens to participate in a referendum;
b) on instructions of the
Central Election Commission of the Russian Federation, develop standard quotas
for technological equipment required for work of commissions, approve these
standard quotas, and arrange for the placement of orders for manufacturing of
such standard technological equipment; on the territory of the subject of the
Russian Federation exercise, on the territory control over the observance of
the standards of technological equipment required to support the operation of commissions;
c) on the territory of the
subject of the Russian Federation, ensure the implementation of measures
related to the preparation and conduct of elections, referendums, improvement
of the electoral system in the Russian Federation; introduction, operation, and
improvement of means of automation, legal education of voters, professional
training of commission members, and other individuals involved in organization
of elections, referendums, publication of requisite required printed materials;
d) on the territory of the
subject of the Russian Federation, implement measures aimed at ensuring a
uniform procedure for allocation of air time and space in print media between
to registered candidates, electoral associations, electoral blocs for purposes
of election campaigning, between to the referendum initiative group and other
groups of referendum participants for the purposes of campaigning on
issuesquestions of the referendum, tallying determination of the vote returns,
establishment of the results of elections, referendums, and as well as the
procedure for publication of the voting vote resultsreturns, the outcomes
results of elections, referendums;
e) on the territory of the
subject of the Russian Federation, implement measures aimed at arranging for allocation
of funds for the preparation and conduct of elections to elections of bodies of
state power of the subject of the Russian Federation, referendums of the
subject of the Russian Federation; distribute the funds allocated from the
federal budget, the budget of the subject of the Russian Federation as
financial support to the preparation and conduct of elections, referendums;
exercise control over the proper use of the above funds;
f) approve the list of
territorial commissions;
g) render legal,
methodological, organizational, and technical support to lower commissions;
h) hear reports of bodies
of executive power of the subject of the Russian Federation and bodies of local
self-government on issues related to the preparation and conduct of elections
to elections of bodies of state power of the subject of the Russian Federation,
bodies of local self-government, and referendums of the subject of the Russian
Federation, local referendums;
i) on instructions of the
Central Election Commission of the Russian Federation, set standards governing
according to whichthe printing of lists of voters, referendum participants and
other electoral documents and documents related to the preparation and conduct
of referendums shall be printed;
j) consider complaints
appeals (applicationsgrievances) related toagainst decisions and actions
(omissions) of lower commissions, and adopts reasoned decisions on such appeals
(grievances)complaints (applications);
k) be involvedparticipate
in organization of a state system of registration of voters, referendum
participants, and in implementation of this such registration;
l) exercise other powers in
accordance with this Federal Law, other federal laws, the constitution
(charter) of the subject of the Russian Federation.
11. The election commission
of a subject of the Russian Federation shall consider complaints appeals
against decisions and actions (omissions) of municipality election commissions
municipalities and officials thereof that are claimed to have violated violating
the electoral rights of citizens and the right of citizens to participate in
referendums in the conduct of at elections to elections of bodies of local
self-government, local referendums in accordance with Clause 7, Article 75 of
this Federal Law.
12. The election commission
of a subject of the Russian Federation may have its official printed bulletin.
Article 24. Procedure of Formation and Powers
of Municipality Election Commissions
1. An election commission
organizing, under the law of a subject of the Russian Federation, the charter
of a municipality, the preparation and conduct of elections to elections of
bodies of local self-government shall be the municipality election commission.
2. The position of the
municipality election commission in the system of bodies of local
self-government shall be determined by laws of the subject of the Russian
Federation, the charter of the municipality.
3. The law of a subject of
the Russian Federation, the charter of a the municipality, a regulatory act of
the body of local self-government may assign the status of a legal entity to an
municipality election commission of the municipality.
4. By a decision of the
relevant election commission of a subject of the Russian Federation taken on
the basis of an application made by the representative body of local
self-government of a municipality, the territorial commission may be vested
with the powers of the election commission of such municipality. In the eventIf
more than one territorial commission are is formed on the territory of a
municipality, none oneof them may be vested with the powers of the municipality
election commission. In this case, the municipality election commission shall
be established as a separate entity. This provision shall not apply if more than
oneseveral territorial commissions are formed in relation connection with theto
the formation of territorial commissions to direct the operation of precinct
commissions established on ships, at polar stations or electoral precincts,
referendum precincts established outside the territory of the Russian
Federation.
5. The term of powers of
the a municipality election commission shall be four years. In the event the
term of powers of the municipality election commission expires in the periodin
the period of an election campaign, n the periodin the period between the
setting announcement of a referendum and the end of the referendum campaign
where in which this commission is involvedtakes part, the term of its powers
shall be extended until the end of the election campaign, referendum campaign.
This provision shall not apply to repeat elections or by-elections of deputies
of the representative body of local self-government.
6. The number of voting
members of the a municipality election commission shall be set by the law of
the subject of the Russian Federation or the charter of the municipality.
7. The municipality
election commission shall be formed by the representative body of local
self-government on the basis of proposals referred to in Clause 2, Article 22
of this Federal Law and proposals made at meetings of voters at places of their
residence, work, service, study, proposals made by the previous municipality
election commission, the election commission of the subject of the Russian
Federation
8. The representative body
of local self-government shall appoint at least one half of the total number of
members of the a municipality election commission on the basis of nominations
proposedproposals made by:
а) political parties,
electoral blocs that nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation;
c) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the representative body of local
self-government.
9. The representative body
of local self-government shall appoint at least two members of the a
municipality election commission on the basis of proposals received from the
election commission of the subject of the Russian Federation.
10. The A municipality
election commission of the municipality shall:
а) exercise, on the
territory of the municipality, exercise control over the observance of the
electoral rights of citizens of the Russian Federation and the right of
citizens to participate in a referendum;
b) on the territory of the
municipality, ensure the implementation of measures related to the preparation
and conduct of elections to elections of bodies of local self-government, local
referendums, publication of requisite required printed materials;
c) on the territory of the
municipality, implement measures aimed at ensuring , during at elections to
elections of elections of bodies of local self-government, local referendums, a
uniform procedure for allocation of air time and space in print media between
to registered candidates, electoral associations, electoral blocs for the
purposes of election campaigning, between to the referendum initiative group
and other groups of referendum participants for the purposes of campaigning on
issuesquestions of the referendum;
d) on the territory of the
municipality, implement measures aimed at ensuring , during at elections to
elections of bodies of local self-government, local referendums, a uniform
procedure for tallying determination of the vote returns, establishment of the
results of elections, referendums;
e) on the territory of the
municipality, implement measures aimed at ensuring , during at elections to
elections of bodies of local self-government, local referendums, a uniform procedure
for publication of the voting results, the outcomes results of elections,
referendums;
f) on the territory of the
municipality, implement measures aimed at arranging for the funding of the
preparation and conduct of elections to elections of bodies of local
self-government, local referendums; distribute the funds allocated from the
local budget and/or the budget of the subject of the Russian Federation as for
financial support to of the preparation and conduct of elections to elections
of bodies of local self-government, local referendums; supervise exercise
control over the appropriate proper use of the above funds;
g) provide legal,
methodological, organizational, and technical support to lower commissions;
h) hear reports of bodies
of local self-government on issues related to the preparation and conduct of
elections to elections of bodies of local self-government, and referendums of
the subject of the Russian Federation, local referendums;
i) consider complaints
appeals (applicationsgrievances) related toagainst decisions and actions
(omissions) of lower commissions, and take reasoned decisions on such appeals
(grievances)complaints (applications);
j) exercise other powers in
accordance with this Federal Law, the constitution (charter), laws of the
subject of the Russian Federation, the charter of the municipality.
Article 25. Procedure of Formation and Powers
of District Election Commissions
1. District election
commissions shall be formed in the cases as provided for by law in conducting
when electionss are held in single-seat and/or multi-seat electoral districts.
The powers of district election commissions may be assigned vested into other
election commissions.
2. The term of powers of
district election commissions shall expire on the day of the official
publication of a decision calling to call the next respective relevant
election.
3. The number of voting
members of district election commissions for elections to elections of federal
bodies of state power shall be determined established by the federal law. The
number of voting members of district commissions for elections to elections of
bodies of state power of a subject of the Russian Federation, bodies of local
self-government shall be set established by a law of the subject of the Russian
Federation.
4. A district election
commission for elections to elections of federal bodies of state power shall be
formed by the election commission of the a subject of the Russian Federation on
the basis of proposals referred to in Clause 1, Article 22 of this Federal Law
and proposals made by representative bodies of local self-government, the
previous district election commission.
5. In forming a district
election commission for elections to elections of federal bodies of state power,
the election commission of the a subject of the Russian Federation shall
appoint at least one half of the total number of members of such district
election commission on the basis of nominations proposedproposals made by:
а) political parties,
electoral blocs that have nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation.
6. A district election
commission for elections to elections of bodies of state power of a subject of
the Russian Federation, bodies of local self-government shall be formed by the
higher commission on the basis of proposals referred to in Clause 2, Article 22
of this Federal Law and proposals made by representative bodies of local
self-government, and proposals made at meetings of voters at places of their
residence, work, service, study.
7. The higher election
commission shall appoint at least one half of the total number of members of
the a district election commission for elections to elections of bodies of
state power of a subject of the Russian Federation, bodies of local
self-government of the a municipality on the basis of nominations
proposedproposals made by:
а) political parties,
electoral blocs that have nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation;
c) electoral associations,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the representative body of local
self-government.
8. A district election
commission shall:
а) exercise, on the
territory exercise control over the observance of the electoral rights of
citizens of the Russian Federation on the territory of the electoral district;
b) work in conjunction with
bodies of state power, bodies of local self-government on issues related to the
preparation and conduct of elections in the electoral district;
c) register candidates;
d) approve the text of the
ballot in the electoral district;
e) exercise control over
compliance with the uniform procedure for vote-counting, determination of vote
returns and establishment of election results on the territory of the electoral
district;
f) determine the election
results for the electoral district;
g) publish (make public)
the outcome results of an election for the electoral district in the relevant
mass media;
h) provide legal and
administrative/technical assistance to lower commissions;
i) consider complaints
appeals (applicationsgrievances) related to decisions and actions (omissions)
of lower commissions, and take reasoned decisions on such appeals
(grievances)complaints (applications);
j) exercise other powers in
accordance with the law.
Article 26. Procedure of Formation and the
Powers of Territorial Commissions
1. The position of
territorial election commissions in the system of state bodies in subjects of
the Russian Federation shall be determined by laws of the a subject of the
Russian Federation.
2. Territorial commissions
shall operate on a permanent basis.
3. The term of powers of
territorial commissions shall be four years. In the eventIf the term of powers
of a territorial commission expires in the periodin the period of an election
campaign, in the periodin the period between calling announcement of a
referendum and the end of the referendum campaign where in which this
commission is involvedtakes part, the term of its powers shall be extended
until the end of the election campaign, referendum campaign.
4. A The law of the a
subject of the Russian Federation may assign confer the status of a legal
entity to on a territorial commission. By a decision of the appropriate
election commission of the a subject of the Russian Federation adopted in
agreementwith the concurrence of with the representative body of local self-government,
the relevant municipality election commission may be vested with the powers of
a territorial commission.
5. Territorial commissions
shall be formed to haveconsist of five to nine voting members.
6. A territorial commission
shall be formed by the election commission of the a subject of the Russian
Federation on the basis of proposals referred to in Clause 2, Article 22 of
this Federal Law and proposals made by representative bodies of local
self-government, meetings of voters at places of their residence, work,
service, study, proposals made by the previous territorial commissions.
7. The election commission
of the a subject of the Russian Federation shall appoint at least one half of
the total number of members of a territorial commission on the basis of
nominations proposedproposals made by:
а) political parties,
electoral blocs that have nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation;
c) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the representative body of local
self-government.
8. Within a singlethe
boundaries of one administrative-territorial unit with a large number of
voters, more than oneseveral territorial commissions may be formed, the
decision on their formation shall be taken by the election commission of the a
subject of the Russian Federation in agreementwith the concurrence of with the
Central Election Commission of the Russian Federation. The election commission
of the a subject of the Russian Federation shall have the rightbe entitled to
form one or more territorial commissions to direct the operation of precinct
commissions formed in electoral precincts, referendum precincts established on
ships, at polar stations. In cases specified by the federal law, the Central
Election Commission of the Russian Federation shall have the rightbe entitled
to form one or more territorial commissions to direct the operation of precinct
commissions formed at in electoral precincts, referendum precincts established
outside the territory of the Russian Federation.
9. A territorial commission
shall:
а) exercise, on the
relevant territory, exercise control over the observance of the electoral
rights of citizens of the Russian Federation and the right of citizens of the
Russian Federation of citizens to participate in a referendum;
b) on the relevant
territory, ensure compliance with the standard quotas of the technological
equipment needed required to supportfor the operation of commissions;
c) on the relevant
territory, ensure the implementation of measures related to the preparation and
conduct of elections, referendums, improvement of the electoral system in the
Russian Federation; introduction, operation, and improvement of means of
automation, legal education of voters, professional training of commission
members, and other individuals involved in organization of elections,
referendums;
d) on the relevant
territory, implement measures aimed at ensuring a uniform procedure for
tallying determination of the vote returns;
e) distribute the funds
allocated to it from the federal budget, the budget of the subject of the
Russian Federation as for financial support to of the preparation and conduct
of an election, a referendum; oversee exercise control over the appropriate
proper use of such funds;
f) provide legal,
methodological, organizational, and technical support to lower commissions;
g) hear reports of bodies
of executive power of the subject of the Russian Federation and bodies of local
self-government on issues related to the preparation and conduct of an
election, a referendum;
h) consider complaints
appeals (applicationsgrievances) related toagainst decisions and actions
(omissions) of lower commissions, and take reasoned decisions on such appeals
(grievances)complaints (applications);
i) exercise other powers in
accordance with this Federal Law, other federal laws, the constitution
(charter), laws of the subject of the Russian Federation.
Article 27. Procedure of Formation and the
Powers of Precinct Commissions
1. Precinct commissions
shall be formed during in the period of an election campaign, a referendum
campaign at the time established by law in order to ensure the process of
voting by voters, referendum participants, and counting of votes cast by
voters, referendum participants.
2. The powers of a precinct
commission shall expire ten days after the day of official publication of the
results of an election, a referendum, if no complaints (applications) and
protests have been received by the higher election commission against decisions
and actions (omissions) of the given election commission, which resulted in the
violation of the voting and the vote-counting procedure and also if these facts
are not being investigated by a court. If the vote returns have been contested,
the powers of a precinct election commission shall expire after a court or the
higher election commission hands down a final decision on the substance of the
complaint (application) or the protest.
3. The number of voting
members of precinct commissions shall be set by law.
4. A precinct commission
shall be formed by the higher commission on the basis of proposals referred to
in Clause 2, Article 22 of this Federal Law and proposals made by the
representative body of local self-government, meetings of voters at places of
their residence, work, service, study.
5. The higher commission
shall appoint at least one half of the total number of members of a precinct
commission on the basis of nominations proposed by:
а) political parties,
electoral blocs that have nominated federal lists of candidates included in the
distribution of deputy seats in the State Duma of the Federal Assembly of the
Russian Federation;
b) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the legislative (representative) body of state
power of the subject of the Russian Federation;
c) political parties,
electoral blocs that have nominated lists of candidates included in the
distribution of deputy seats in the representative body of local
self-government.
6. A precinct commission
shall:
а) inform the
population about the address and telephone number of the precinct commission,
its working hours, and about the day, time, and place of voting;
b) update the list of
voters, referendum participants, arrange for voters, referendum participants to
inspect this list;, consider statements about mistakes and inaccuracies in this
list and makes required correction therein;
c) prepare the voting
premises, ballot boxes, and other equipment;
d) inform voters about
registered candidates, electoral associations, electoral blocs that have
registered their lists of candidates, inform referendum participants about the
issues of the referendum questions on the basis of the information received
from the higher commission;
e) exercise control over
compliance with the rules for election campaigning, campaigning on the issues
of the referendum questions on the territory of the electoral precinct, the
referendum precinct;
f) issue absentee
certificates;
g) at the polling station,
the referendum polling station, organize voting on voting day, and early
voting;
h) count votes, determine
vote returns for the electoral precinct, the referendum precinct, complete the
protocol of vote returns, and deliver it to the territorial commission;
i) announce the vote
returns in for the electoral precinct, the referendum precinct, and issues
certified copies of the protocol of vote returns or certify such copies for
persons who observed the progress of the voting;
j) within the scope of its
competence, consider complaints appeals (applicationsgrievances) about
violations of this Federal Law, other laws, and take reasoned decisions on such
appeals (grievances)complaints (applications);
k) in the eventif any
delinquencies infractions are found, compile protocols of administrative
offences (prepare materials for such protocols), and forward these protocols to
law enforcement authorities or the court, in accordance with the regulations on
administrative offences;
l) ensure the safe keeping
and transfer to higher commissions of documents relating to the preparation and
conduct of an election, a referendum;
m) exercise other powers in
accordance with the law.
Article 28. Organization of Operation of
Commissions
1. Commissions shall
operate on a collective basis.
2. A commission shall be
qualified to start functioning if at least two thirds of the total predetermined
established number of its members have been appointed.
3. A commission operating
on a permanent basis shall convene its first meeting not later than on the
fifteenth day after the decision on the appointment of its voting members is
adopted. In this case, at least two- thirds of the total number of its members
shall be appointed. The powers of the previous commission shall cease as of the
date of the first meeting of the new commission. The term of powers of a
commission shall be countedcommence from the date of its first meeting.
4. The chairman of the
election commission of a subject of the Russian Federation shall be elected by
secret ballot at its the commission’s first meeting from among voting members
of the election commission at theon the basis of the proposal nomination made
byof the Central Election Commission of the Russian Federation.
5. The chairman of the a
municipality election commission shall be elected by secret ballot at its first
meeting from among voting members of the election commission in accordance with
the following procedure:
a) in the event there is a
nomination by if the election commission of the a subject of the Russian
Federation has made the nomination, according to at the nomination of the
election commission of the a subject of the Russian Federation;
b) in the event there is no
nomination byif the election commission of the a subject of the Russian
Federation has not made the nomination, at nominationsaccording to the
nomination made by by voting members of the municipality election commission.
6. If a candidature for the
chairman of a commission nominated by the commission is rejected, the election
commission that made the nomination in accordance with Clauses 4 and 5 of this
article shall nominate another candidature from among the voting members of the
commission.
7. Chairmen of district,
territorial, and precinct commissions shall be appointed from among voting
members of such commissions and may be removed by the commissions of the next
higher level.
8. The deputy chairman and
the secretary of a commission shall be elected by secret ballot at the
commission’s first meeting from among voting members of the commission.
9. Meetings of a commission
shall be convened by its chairman as frequently as required. A meeting shall
also be held if requested by at least one- third of the established number of
voting members of the commission.
10. A voting member of a
commission shall attend at all meetings of the commission.
11. A meeting of the
Central Election Commission of the Russian Federation shall be valid competent
if attended by at least ten voting members of the Central Election Commission
of the Russian Federation. A meeting of another commission shall be valid
competent if attended by a majority of the established number of voting members
of this commission.
12. Upon request of any
member of a commission or any member of a higher commission present at the
meeting, the commission shall take a vote on any matter within its competence
that is considered by the commission at the meeting in accordance with the
approved agenda.
13. Decisions of a
commission regarding nomination, election or removal of its chairman, deputy
chairman and secretary, regarding issues of financial support of the preparation
and conduct of elections and referendums, registration of candidates, lists of
candidates, bringing legal actions for cancellation of the registration of
candidates, vote returns or election results, referendum results, declaring an
election or referendum as not having taken place or invalid, as well as
decisions regarding repeat voting or repeat election, cancellation of a
decision of a commission in the procedure provided for by Clause 11, Article 20
and Clauses 6 and 7, Article 75 of this Federal Law shall be made taken at
a meeting of the commission its meeting by a majority of the established
number of voting members of the commission. Decisions on removal of the
chairman, the deputy chairman, or the secretary who were elected to occupy these
offices shall be made taken by secret ballot (except when these officials are
removed at their personal request), and election of a new chairman, deputy
chairman, or secretary of the commission shall take place in accordance with
the procedure established by Clauses 4, 5, 6, and 8 of this article.
14. A commission shall take
decisions on other issues by a majority of the votes of the present voting
members of the commission.
15. In the event of a tie
vote, the vote of the chairman (the person chairing the meeting) of the
commission shall be have a casting vote.
16. Decisions of a
commission shall be signed by its chairman and secretary (the person chairing
the meeting and the meeting’s secretary).
17. Voting members of a
commission who disagree withdissent from a decision made taken by the
commission, shall be entitled to express in writing their dissenting opinion
which shall be considered by the commission, recorded in the minutes, attached
thereto, and brought by the commission chairman to the notice of the higher
commission not later than three days after the decision is madetaken, and
immediately if submitted on voting day or the day following voting day.
18. The Central Election
Commission of the Russian Federation, the election commissions of subjects of
the Russian Federation, municipality election commissions of municipalities,
territorial commissions that operate on a permanent basis and are legal
entities shall have their staff, the structure and staffing plan of which shall
be set by such commissions on their ownindependently. Staff officers employees
of the Central Election Commission of the Russian Federation shall have the
status of federal state employees. FillingOccupying, by staff officers
employees of the election commissions of subjects of the Russian Federation,
territorial commissions, municipality election commissions of municipalities
that operate on a permanent basis and are legal entities, of, respectively,
offices of state service of subjects of the Russian Federation, offices of
municipal service shall be governed by laws and other regulatory acts of
subjects of the Russian Federation, the charters of municipalities, and other
regulatory acts of bodies of local self-government. Levels of financial support
(including the size and nature of monetary compensations, other benefits) and
social support of commission staff officers employees filling offices of state
service or municipal service shall be established, respectively, by the federal
laws and other regulatory acts of the Russian Federation, laws and other
regulatory acts of subjects of the Russian Federation, regulatory acts of
bodies of local self-government. Federal bodies of state power, bodies of state
power of subjects of the Russian Federation, bodies of local self-government
shall take necessary measures to provide financial and social support
(including medical, recreational, housing, pension support, and other types of
support) of commission staff officersemployees.
19. Commissions may engage
involve citizens on a contractual basis in order to perform work related to the
preparation and conduct of elections, referendums.
Article 29. Status of Commission Members
1. Persons falling into any
of the following categories shall not be voting members of commissions:
a) persons that are not
citizens of the Russian Federation;
b) citizens of the Russian
Federation who have been declared, by a legally effective court decision that
has come into legal force, legally incapable or having limited capability;
c) citizens of the Russian
Federation under the age of 18 years;
d) deputies of legislative
(representative) bodies of state power, bodies of local self-government;
e) elective officials;
f) judges, prosecutors;
g) at relevant elections,
candidates, their authorized representatives and agents, authorized
representatives and agents of electoral associations, electoral blocs that have
nominated candidates;
h) at relevant referendums,
members and authorized representatives of referendum initiative groups;
i) at relevant elections,
referendums, non-voting members of commissions;
j) at relevant elections,
spouses and close relatives of candidates, close relatives of candidates’
spouses;
k) persons directly
subordinated to candidates;
l) persons removed from
commissions by a court decision;
m) persons who have
previous convictions that have not been cancelled or annuledannulled, and
persons who have been subjected by court to an administrative penalty for a
violation of regulations governing elections and referendums, within one year
after of the effective date of the court decision (ruling) on the
administrative penalty.
2. Provisions of
Ssub-Cclauses g), j), and k) of Clause 1 of this article shall not apply to
members of precinct, territorial or district election commissions if the
candidate is nominated or registered in another electoral district.
3. Under this Federal Law,
direct subordination is construed as service-related or work-related
relationship between a superior and a subordinate, whereby the superior has, in
relation to the subordinate, powers or managerial authorities, i.e. has the
right to employ or dismiss the subordinate or, within his position-related
authority, issue to the subordinate binding orders, instructions, or
directions, reward the subordinate or subject him to disciplinary penalties.
4. A voting member of a
commission shall not, at one and the same election, referendum, be a voting
member of another commission.
5. The term of powers of
voting members of a commission shall expire at the same time as with the
expiration of the powers of the commission of which they are members.
6. A voting member of a
commission shall be relieved cease from the duties of to act as a commission’s
member by a decision of the same body that appointed him if:
a) the commission member
files a written resignation;
b) there emerged grounds
referred to in Clauses 1 and 4 of this article, except suspension of a
commission member under Clause 7 of this article and instances referred to in
Ssub-cClauses a), b), and m), of Clause 1 of this article have arisen.
7. In the event there
emergedIf the grounds referred to in Sub-clause j) of Clause 1 of this article
have arisen, powers of a voting member of a commission who works on a permanent
(staff) basis shall be suspended by a decision of the relevant commission,
provided such suspension does not legally disqualifymake the composition of the
commission such that it is not competent to exercise its powers the commission.
In the event such suspension of a commission member renders the commission
disqualifiedIf such suspension of powers makes the composition of the
commission such that it is not competent to exercise its powers, powers of such
member of the commission member shall be terminated by a decision of the body
that appointed him .
8. Powers of a voting
member of a commission shall be terminated immediately if:
a) the commission member
ceases to be a citizen of the Russian Federation;
b) a guilty verdict of a
court against the commission member, or a court ruling subjecting the
commission member to an administrative penalty for a violation of laws and
regulationsthe legislation governing elections and referendums becomes legally
effectivehas come into legal force;
c) a legally effective
court ruling declares the commission member is declared by a court decision
that has come into legal force legally incapable, having limited legal
capability, missing, or dead;
d) the commission member
dies;
e) the commission member is
declared byon the basis of an application of the relevant commission, a legally
effective court decision declares that has come into legal force the commission
member systematically fails to perform his dutieson the basis of an application
of the relevant commission as systematically ignoring his duties.
9. Powers of a voting
member of a commission shall also be terminated in the event of the
commission’s dissolution under Article 31 of this Federal Law.
10. In the eventIf the body
that appointed a commission member fails to take a decision on early
termination of powers of this commission member within one month, and in the
period of an election campaign, within ten days from the date of on which
receipt by this body of received a written resignation of the commission member
or emergence of other grounds preventing him from performing his duties have
arisen, the decision to terminate powers of this such commission member shall
be taken by the commission of which he is a member within three days from of
the expiration date of the above periods.
11. The body that appointed
a commission member shall appoint a new commission member in the place of the
member withdrawn on the grounds referred to in Clauses 6 and 8 of this article
not later than in a month, and in the period of an election campaign, the
period from calling a referendum until the end of the referendum campaign, not
later than ten days after of the date of his termination withdrawal in
accordance with the provisions of Clause 4, Article 21, Articles 22-27 of this
Federal Law. In the eventIf this requirement fails to be fulfilled, a new
member of the commission shall be appointed by the higher commission in
accordance with provisions of this Federal Law.
12. The Chairman, Deputy
Chairman, and Secretary of the Central Election Commission of the Russian
Federation, the chairman, deputy chairman, and secretary of the election
commission of a subject of the Russian Federation, the chairman of another
commission that operates on a permanent basis and is a legal entity shall work
for the relevant commission on a permanent (staff) basis. The chairman of the
election commission of a subject of the Russian Federation shall must have
higher education in law or an advanced academic degree in law.
13. Except forBesides the
members of the Central Election Commission of the Russian Federation referred
to in Clause 12 of this article, voting members of the Central Election
Commission of the Russian Federation may work for the commission on a permanent
(staff) basis.
14. Except forBesides the
commission members referred to in Clause 12 of this article, the possibility of
working on a permanent (staff) basis for voting members of the election
commission of a subject of the Russian Federation, voting members of the a municipality
election commission of a municipality, a territorial commission that operate on
a permanent basis and are legal entities, and the size and nature of monetary
compensation of voting members of the said commissions that work on a permanent
(staff) basis, other benefits to these commission members shall be established
by laws, other regulatory acts of subjects of the Russian Federation, the
charters of municipalities, regulatory acts of bodies of local self-government.
15. A voting member of the
Central Election Commission of the Russian Federation who works for this the
commission on a permanent (staff) basis, shall occupy a state office of the
Russian Federation. A voting member of the election commission of a subject of
the Russian Federation who works for the commission on a permanent (staff)
basis, a voting member of another election commission that operates on a
permanent basis and is a legal entity shall occupy, in accordance with a law,
another regulatory act of the subject of the Russian Federation, the charter of
the a municipality, another regulatory act of the body of local
self-government, respectively, a state office of the subject of the Russian
Federation, a municipal office. Such persons shall not hold other offices in
bodies of state power, state bodies, bodies of local self-government, be
involved in business or another paid activity, with the exceptions of teaching,
scientific, or other creative activities.
16. Federal bodies of state
power, bodies of state power of subjects of the Russian Federation, bodies of
local self-government shall adopt take necessary measures to provide financial
and social support (including medical, recreational, housing, pension support,
and other types of support) of persons listed in Clauses 12-14 of this article.
The level of financial support (including the size and nature of monetary
compensation, other benefits) and social support of the above persons shall not
be lower than the level of financial and social support established for persons
filling state offices of category A respectively in a federal executive body of
state power, a legislative (representative) or executive body of state power of
a subject of the Russian Federation, municipal offices in a representative body
of local self-government. The size and nature of monetary compensation and
other benefits provided to the said persons shall be established, respectively,
by the federal laws and other regulatory acts of the Russian Federation, laws
and other regulatory acts of subjects of the Russian Federation, charters of
municipalities, and other regulatory acts of bodies of local self-government.
17. A voting member of a
commission may be eligible entitled to extra compensation (remuneration) for
his work for the commission in the preparation and conduct of an election, a
referendum. A voting member of a commission who has been relieved, at the
request of the commission, from his main job for the period of the preparation
and conduct of an election, a referendum, shall retain his main job (office)
and be compensated for the period during which he was relieved from his main
job. The size of and the procedure for payment of such compensation and extra
compensation (remuneration) shall be established by the commission organizing
the respective election, referendum out offrom and within the limits of the
funds allocated from budgets for the conduct of such election, referendum.
18. A voting member of a
commission shall not be subjected to criminal prosecution, administrative
penalties imposed in a court procedurejudicially without consent of the
prosecutor of a subject of the Russian Federation, and a voting member of the
Central Election Commission of the Russian Federation, the chairman of the
election commission of a subject of the Russian Federation, without consent of
the General Prosecutor General of the Russian Federation.
19. A voting member of a
commission, a non-voting member of a commission member shall not be dismissed
from his job on the initiative of his employer or transferred to a different
job without his consent respectively before the expiration of his powers and in
the period of an election campaign, a referendum campaign.
20. As ofFrom the day of
filing documents for registration, a candidate, an electoral association, an
electoral bloc that nominated candidates shall be entitled to appoint one
non-voting member to of the election commission registering the candidate, a
the list of candidates, and each lower election commission. Each electoral
association, electoral bloc that nominated a registered candidate shall also be
entitled to appoint a non-voting member to of the election commission
organizing the relevant election. Elected Elective officials, commanding
officers of military units, military organizations or institutions , judges,
and prosecutors shall not be appointed non-voting members of election
commissions.
21. After the official
publication of a decision to call a referendum taken by a duly body authorized
to do sobody to call a referendum, the referendum initiative group the and
electoral associations (including those that are part of electoral blocs), the
lists of candidates of which have been included in the distribution of deputy
seats in the legislative (representative) body of state power, the
representative body of local self-government in accordance with the level of
the referendum, or in a legislative (representative) body of a higher level,
shall be entitled to appoint one non-voting member of referendum commission to
the relevant and each lower referendum commission one non-voting member of the
referendum commission. Elected Elective officials, commanding officers of
military units, military organizations or institutions , judges, and
prosecutors shall not be appointed non-voting members of referendum commissions.
22. A non-voting commission
member member of a commission shall have the same rights as a voting member of
a commission, save with the exception to the rights to:
a) issue and sign ballots,
absentee certificates;
b) participate in sorting
out, counting, and canceling of ballots;
c) compile the protocol of
vote returns, the election resultsof an election, a, referendum election;
d) participate in the
voting on the matters which are within the scope of competence of the relevant
commission, and sign the commission’s decisions.
The provisions contained in
this cClause shall not serve a be used as a reason for refusing a non-voting
member of a commission the right to be present at the performance of any
actions mentioned in this cClause.
23. A voting member of a
commission and a non-voting member of a commission member shall:
a) receive timely notices
about meetings of the relevant commission;
b) speak at the
commission’s meetings, make proposals on issues falling within the scope of competence
of the relevant commission, and request that these matters be put to the vote;
c) put questions to other
participants in the commission’s meeting in accordance with the agenda, and
receive meaningful answers to these questions;
d) inspect documents and
materials (including lists of voters, referendum participants, with signature
sheets, financial statements of candidates, electoral associations, electoral
blocs, ballots) that are directly connected to the election, the referendum,
including documents and materials on a machine-readable media, held byof the
relevant commission or lower commissions, and receive copies of such documents
and materials (with the exception of ballots, absentee certificates, lists of
voters, referendum participants, signature sheets, other documents and
materials containing confidential information classified as such in accordance
with the procedure established by the federal law), and request thathave such
copies be certified;
e) make sure that the
number of voters who took part in the voting has been calculated correctly
according to the voters list and that the ballots have been correctly sorted
out in accordance with candidates, political parties, electoral blocs, options
of replying to the question of the referendum;
f) appeal actions
(omissions) of the commission in the relevant higher commission or a court.
24. The powers of
non-voting members of an election commission operating on a permanent basis,
who have been appointed by candidates who have been elected the election,by or
electoral associations, electoral blocs that nominated the lists of candidates
who have been included in the distribution of deputy seats, shall continue
until the end of registration of candidates, lists of candidates at the next
election to election of the same body or to of the same office. The powers of
other non-voting members of a commission operating on a permanent basis shall
expire 30 days after the official publication of the results of the election
conducted in on the respective territory within the relevant election campaign.
Powers of non-voting members of the other election commissions, referendum
commissions shall expire at the same time as the powers of such commissions. In
the eventIf the registration of a candidate, an electoral association, an
electoral bloc (registration of a list of candidates) is refused, or
registration of a candidate, a list of candidates nominated by a political
party, an electoral bloc is annulled , the powers of non-voting members of the
election commission shall cease as of the day of such refusal or annulment of
registration of the respective candidate, list of candidates, and In the
eventif the decision about the refusal of registration is appealed in a court,
as offrom the effective date ofday on which the court ruling decision regarding
the lawfulness of the refusal of registration came into legal force.
25. A non-voting commission
member shall, within the period of his powers, have the rights granted
conferred by this article in relation to the preparation and conduct of all
elections and referendums in which this commission is involved.
26. The powers of a
non-voting commission member may be terminated by a decision of the person or
body that appointed such commission member, and transferred to another person.
27. Elected candidates and
electoral associations, electoral blocs the whose lists of candidates nominated
by which have been included in the distribution of deputy seats shall, for the
period of powers of the deputy, the official, retain the right to appoint
non-voting members of election commissions operating on a permanent basis,
including the right to appoint replacements to withdrawn members.
Article 30. Openness in Activities of
Commissions
1. Members of higher
commissions, a candidate registered by the given or a higher commission or his
agent, an authorized representative or an agent of the electoral association,
electoral bloc whose list of candidates has been registered by this or a higher
commission or a candidate from the said list, a member or an authorized
representative of the referendum initiative group may attend all meetings of
the commission, and when the appropriate precinct, territorial commissions are
working on lists of voters, referendum participants, ballots, absentee
certificates, protocols on vote returns. The aforementioned persons shall not
need any additional permission to attend the meetings and be present when the
election commission is working with the said electoral documentssessions of
work with the aforementioned election-related documents, documents related to
the preparation and conduct of a referendum. The commission shall inform the
aforementioned se persons and provide free access for themof to its meetings
and sessions of workto the premises where the commission is working with the
aforementioned election-relatedelectoral documents, documents related to the
preparation and conduct of a referendum and shall provide free access for the
aforementioned persons to such meetings and sessions. Members of the press may
also be present at all meetings of the commissions, when it is working with the
said documents and counting votes cast by voters, referendum participantsThe
meetings, sessions of work with the aforementioned election-related documents,
documents related to the preparation and conduct of a referendum, and counting
of votes cast by voters, referendum participants may also be attended by
members of the press .
2. Decisions of commissions
that are directly related to the preparation and conduct of an election, a
referendum shall be published in state-owned or municipal periodic print media
or otherwise communicated to voters, referendum participants in another way,
and provided to other mass media in the scopein the scope and within the
periods established by law.
3. On voting day from the
time the precinct commission begins its work and until it is notified by the
higher commission about acceptance of the protocol of vote returns and also
when votes cast by voters, referendum participants are recounted, the persons
referred to in Clause 1 of this article as well as observers, foreign
(international) observers may be present at the polling stations.
4. At an election, an
observer may be appointed by a registered candidate, electoral association,
electoral bloc, public association that must be established and registered at a
level corresponding with the level of the election, or on a higher level. In a
referendum, an observer may be appointed by the referendum initiative group, a
public association that must have beenbe established and registered at a level
corresponding with the level of the referendum or on a higher level. Elective
officials, their direct subordinates, judges, and prosecutors shall not be
appointed observers.
5. Access to the premises
of the precinct commission of in any election precinct, referendum precinct
formed on the territory of a military unit, closed administrative-territorial
unit, at a hospital, sanatorium, holiday hotel, investigation and pretrial
detention wards and to the polling station in this election precinct,
referendum precinct shall be provided to all members of the precinct
commission, persons indicated in Clause 1 of this article, observers.
6. Observers, foreign
(international) observers may be present at other commissions when they are
conducting early voting, determining vote returns, results of elections,
compiling relevant protocols on vote returns, election results or when votes
are being recounted.
7. The powers of an
observer shall be certified by written credentials issued by a registered
candidate or his agent, an electoral association, an electoral bloc, a public
association, the referendum initiative group represented by the observer. The
credentials must indicate the surname, first name and patronymic of the
observer; address of his place of residence; number of the electoral precinct;
name of the election commission (district, territorial, precinct election
commission) to which the observer is sent. Provision of any additional
information about the observer shall not be required and the credentials need
not be certified by a seal if the observer is appointed by a candidate or his
agent. These credentials shall be valid if produced together with a document
certifying the identity of the observer. An advance notification about sending
of an observer shall not be required.
8. The document indicated
in Clause 7 of this article may be presented to a precinct commission in the
period indicated in Clause 3 of this article, to a territorial or another
commission, at early voting or in the period from the commencement of voting in
electoral precincts, referendum precincts to the completion of the final
protocol for the relevant territory. Two or more observers representing the
same registered candidate, electoral association, electoral bloc, public
association, referendum initiative group shall not simultaneously exercise
their powers on the premises of the commission, at the polling station. No
restrictions other than those imposed by this Federal Law shall be established
on the presence of observers on the premises of an election commission or at
the polling station; on monitoring of voting and vote counting, preparation of
the protocols of vote returns; on the issuance of copies of the protocols of
vote returns.
9. Observers shall be
entitled to:
a) inspect voters lists,
lists of referendum participants;
b) be present at polling
stations of the relevant electoral precinct, referendum precinct on voting day
at any time during the period specified in Clause 3 of this article;
c) attend the voting
procedure at an election, a referendum outside the polling station;
d) watch the number of
citizens being entered in the lists of voters, referendum participants, ballots
being issued to voters, referendum participants, canceled ballots being
counted; watch votes cast by voters, referendum participants being counted at
the polling station at elections, a referendum from a distance and under
conditions which allow them to see the marks made by voters, referendum
participants on the ballots; inspect any marked and unmarked ballot when votes
cast by voters, referendum participants are being counted; watch the commission
preparing the protocol of vote returns and other documents during the period
indicated in Clause 3 of this article;
e) apply to the chairman of
the precinct commission, and in the event of the Chairman’s absence, to the
person acting in the chairman’s capacity, and make proposals and comments
regarding the organization of the voting procedure;
f) inspect the protocols of
the relevant commission, lower commissions of vote returns, returns results of
the election, the referendum and documents attached thereto, receive from the
relevant commission certified copies of such protocols and documents or make
copies of such protocols or documents. Upon request of an observer, the
commission shall issue such copies or certify copies made by the observer;
g) wear a badge indicating
the observer’s status, family surname, given first name, patronymic name, and
also the family surname, given first name, patronymic name of the registered
candidate or the name of the electoral association, electoral bloc, public
organization that have sent the observer to the commission;
h) appeal, in the procedure
established by Article 75 of this Federal Law, actions (omissions) of a
commission to the higher commission, the election commission of the subject of
the Russian Federation, the Central Election Commission of the Russian
Federation or a court;
i) be present when the
appropriate commissions are recounting votes cast by voters, referendum
participants.
10. An observer shall not:
a) issue ballots to voters
or referendum participants;
b) sign for a voter,
referendum participant for receipt of ballots even when asked to do so by the
voter, referendum participant;
c) complete mark ballots
for a voter, referendum participant even upon his request;
d) do anything violating
the secrecy of ballotvoting;
e) directly participate in
ballot counting conducted by voting members of the commission;
f) do anything interfering
with the work of the commission;
g) conduct campaigning
among voters, referendum participants;
h) participate in the
adoption of decisions by the relevant commission.
11. Members of the press
shall be entitled to examine the protocol of vote returns of the precinct
commission and the protocols of vote returns or results of the elections,
referendum of other commissions, make or receive from the appropriate
commission copies of the said protocols and documents attached thereto. At
a request of a representative of the mass mediamember of the press, the
commission shall certify a copy of the protocol of vote returns or results of
the elections, referendum.
12. Copies of protocols and
other documents of commissions shall be certified by the chairman, or the
deputy chairman, or the secretary of the relevant commission. In this case, the
aforementioned persons shall write "This is a true copy" on the copy
being certified, sign the copy, indicate the date and the time of certification,
and affix the seal of the relevant commission.
13. Foreign (international)
observers shall receive the permit to enter the Russian Federation in the
procedures provided for by the federal law and, if invited by the bodies of
state power, commissions organizing the election, the referendum, they shall be
accredited by the Central Election Commission of the Russian Federation.
Foreign (international) observers shall conduct their activities in compliance
with the federal laws.
Article 31. Dissolution of Commission
1. A commission may be
dissolved by a court of appropriate jurisdiction established by Clause 2,
Article 75 of this Federal Law in the event thatif:
a) a violation of the
electoral rights of citizens, the right of citizens to participate in a
referendum committed by the commission infringement resulted in the fact that
the vote returns in the corresponding territory or the results of the
elections, referendum were declared null and void by the Central Election
Commission of the Russian Federation, the election commission of a subject of
the Russian Federation in accordance with the procedure established by this
Federal Law, another law (among other things, on the basis of a court
decision);
b) failure, on the part of
the commission, fails to abide by a decision of a court or a higher commission,
decisions of the Central Election Commission of the Russian Federation, the
election commission of a subject of the Russian Federation adopted in
accordance with Clause 7, Article 75 of this Federal Law.
2. An application asking
for dissolution of the Central Election Commission of the Russian Federation
may be submitted to a court by a group numbering not less than one-third of the
total number of members of the Federation Council of the Federal Assembly of
the Russian Federation or deputies of the State Duma of the Federal Assembly of
the Russian Federation.
3. An application asking
for dissolution of the election commission of a subject of the Russian
Federation, a district election commission forat elections to elections of
federal bodies of state power may be submitted to a court by a group numbering
not less than one-third of the total number of members of the Federation
Council of the Federal Assembly of the Russian Federation or deputies of the
State Duma of the Federal Assembly of the Russian Federation or not less than
one-third of the total number of deputies of the legislative (representative)
body of the relevant subject of the Russian Federation, or by a group of
deputies of any elective chamber of the aforementioned body numbering not less
than one-third of the total number of deputies of this chamber, and also by the
Central Election Commission of the Russian Federation.
4. An application asking
for dissolution of a district election commission forat elections to elections
of the legislative (representative) body of a subject of the Russian
Federation, the representative body of local self-government, the a
municipality election commission of a municipality, a territorial, a precinct
commission may be submitted to a court by a group of deputies numbering not
less than one-third of the total number of deputies of the legislative
(representative) body of the given subject of the Russian Federation, or by a
group of deputies of any elective chamber of the aforementioned body numbering
not less than one-third of the total number of deputies of this such chamber,
or by a group of deputies of the appropriate representative body of local
self-government numbering not less than one-third of the total number of
deputies of this body and also by the Central Election Commission of the
Russian Federation, the election commission of a subject of the Russian
Federation.
5. An application to a
court asking for about dissolution of a commission organizing an election, a
referendum may be submitted to a court after the end of the election campaign,
the referendum campaign but not later than three months after the day on which
the election campaign, the referendum campaign ends. An application to a court
about dissolution of another commission may be submitted not later than 30 days
before voting day or after the end of the election campaign, the referendum
campaign but not later than three months after the grounds for dissolution of
the commission emerge. In the event of a repeat voting, an application to a
court about dissolution of a precinct commission may also be submitted in the
period after the vote returns in this precinct have been determined but not
later than seven days before the day of the repeat voting.
6. An application asking
for for dissolution of a commission shall be accepted for consideration
immediately and a decision shall be taken thereon shall be decided upon not
later than 14 days after its acceptance, and in the period of an election
campaign, a referendum campaign, not later than three days after the day on
which the application is submitted. A case of dissolution of a commission shall
be examined by a court in a full session.
7. In the event aIf a court
makes a decisionrules that the Central Election Commission of the Russian
Federation be dissolved, this the said commission shall be formed in accordance
with Article 21 of this Federal Law.
8. In the event a court
makes a decisionIf , in the period of an election campaign, a referendum
campaign, a copurt rules that the election commission of a subject of the
Russian Federation be dissolved, the Central Election Commission of the Russian
Federation shall form, in compliance with the provisions of Clause 1, Article
29 of this Federal Law, a provisional election commission of the subject of the
Russian Federation composed of new members. After the end of the period of the
election campaign, the referendum campaign, the election commission of the
subject of the Russian Federation shall be formed by bodies of state power of
the subject of the Russian Federation in compliance with provisions of Clauses
22 and 23 of this Federal Law.
9. In the event a court
makes a decisionIf , in the period of an election campaign, a referendum
campaign, a court rules that the a municipality election commission be
dissolved, the higher commission, and if no such commission is available, the
election commission of the subject of the Russian Federation, shall forms, in
compliance with Clause 1, Article 29 of this Federal Law, a provisional
commission of the municipality comprised of new members. After the end of the
period of the election campaign, the referendum campaign, the municipality
commission of the municipality shall be formed by the representative body local
self-government in compliance with the provisions of Clauses 22 and 24 of this
Federal Law.
10. In the event If a court
makes a decision to dissolveordersrules that dissolution of any commissions
other than those referred to in Clauses 8 and 9 of this article be dissolved,
such commissions composed of new members shall be formed to be comprised of new
members by higher commissions in the period of an election campaign, a
referendum campaign in compliance with provisions of Clause 1, Article 29 of
this Federal Law, and after the end of the period of the election campaign, the
referendum campaign, in compliance with provisions, Articles 22, 25, 26 of this
Federal Law
11. An interimA provisional
commission shall be formed not later than three days after of the the effective
date date whenof the court decision ruling to on dissolution oflve a commission
came into legal force. Beyond the period of an election campaign, a referendum
campaign, a new commission shall be formed not later than one month after of
the day when the effective date of the court decision to dissolveruling on
dissolution of a commission came into legal force (after the end datelast day
of the election campaign, the referendum campaign). In this case, the first
meetings of such commissions shall be convened by the body that has formed
them.
12. Dissolution of a
commission shall not entail termination of powers of non-voting members of such
commission.
Chapter V. Guarantees of Citizens’ Rights in Nomination and Registration
of Candidates, Realization of Initiative to Hold Referendum
Article 32. Right to Nominate Candidates
1. Citizens of the Russian
Federation who are entitled to a passive electoral right may be nominated
candidates directly or on a list of candidates in accordance with this Federal
Law, another law.
2. Direct nomination of
candidates may be carried out by way of self-nomination, nomination by an
electoral association, an electoral bloc.
3. Nomination of candidates
on a list of candidates may be carried out by an electoral association, an
electoral bloc.
4. A citizen of the Russian
Federation who occupied the office of President of the Russian Federation and
is removed from the office of President of the Russian Federation as a result
of impeachment, persistent inability to exercise presidential powers for health
reasons, or resignation shall not be nominated as a candidate for the election
called in connection to such circumstances.
5. A citizen of the Russian
Federation who occupied the office of the top executive of a subject of the
Russian Federation (the head of the highest executive body of state power of a
subject of the Russian Federation) and resigned from this office on his free
will or because of a no-confidence vote of the legislative (representative)
body of state power of the subject of the Russian Federation or was removed
from this office by the President of the Russian Federation shall not be
nominated as a candidate at the election called because of such circumstances.
6. A citizen of the Russian
Federation who occupied the office of the head of a municipality and is removed
from the office of the head of the municipality on his free will or because of
an expression of no confidence to him by the population in accordance with the
procedure defined by the charter of the municipality, or was removed from this
office by the President of the Russian Federation, the top executive of the
subject of the Russian Federation (the head of the highest executive body of
state power of a subject of the Russian Federation) shall not be nominated as a
candidate at the election called because of such circumstances.
7. In a repeat election or
a by-election held to fill a vacancy of a deputy in an operating legislative
(representative) body of state power, a representative body of local
self-government, a person who is a deputy (member) of such body shall not be
nominated as a candidate.
8. A citizen of the Russian
Federation who is not entitled to a passive electoral right at the relevant
election shall not be nominated as a candidate.
9. A candidate shall not be
nominated, at one and the same election, in more than one electoral district.
This rule shall not apply when a candidate is nominated by one and the same
electoral association, electoral bloc at one and the same election in a
single-seat (or a multi-seat) electoral district and on a list of candidates.
10. A candidate shall not,
at one and the same election, give consent to nomination by more than one
nomination initiator.
Article 33. Conditions of Candidate Nomination
1. A written notice of
nomination of a candidate, a list of candidates shall be submitted to the
relevant election commission. The form of such written notification and the
procedure for its submission shall be established by law.
2. A candidate shall be
considered nominated and shall acquire the rights and responsibilities of a
candidate provided for by this Federal Law, another law after the relevant
election commission has received the notice referred to in Clause 1 of this
article, and a written statement made by the nominated person about his consent
to stand for election in the relevant electoral district. The statement must
indicate the biographical data of the candidate: his surname, first name and patronymic;
date and place of birth; address of the place of residence; education; main
place of work or service; position (occupation, if there is no main place of
work or service); if the candidate is a deputy and exercises his powers on a
non-permanent basis - this fact and the name of the relevant representative
body; kind, series, number and date of issuance of the identity document
containing information about the citizenship, address of the place of residence
and the name or code of the body which issued this document, and the date of
its issue, information about the candidate’s convictions, citizenship,
including citizenship of a foreign state, indicating the date and grounds for
its acquisition, and with an obligation, if elected, to discontinue the activities
incompatible with the status of a deputy or another elective office. A
candidate shall be entitled to declare membership in not more than one public
association registered in the procedure established by law, and his status in
such public association, provided that a document is submitted together with
the notice referred to in Clause 1 of this article that confirms the above data
and is certified by a permanent leading body of this public association.
3. Together with the notice
referred to in Clause 1 of this article, the relevant election commission shall
be provided with information about the size and sources of the candidate’s
income and about any property owned by the candidate (each candidate on the
list of candidates) (including property co-owned by the candidate), about
deposits in banks, securities. The information about the size and sources of
income shall be submitted in the form of a copy of the tax declaration of the
citizen who is a candidate for the year preceding the year in which the
election was called (with a note of the tax authority at the place of
submission). If, under Russian Federation laws, the citizen who is a candidate
does not have to file a tax declaration, he shall submit certified information
about his income (including the pension, benefits, other payments) for the year
preceding the year in which the election was called from the legal entities
and/or natural persons, which/who are tax agents under the federal law, from
the organizations making such payments. The information about the property
owned by the candidate and other information indicated in this clause shall be
submitted in accordance with the form shown in the Annex to this Federal Law,
and this Annex may be supplemented by the federal law. If, in the year preceding
the year in which the election was called, the candidate did not receive any
income and/or does not own any property to be reported in accordance with this
clause, this fact must be indicated under this clause in the candidate's
statement of consent to stand for election in the relevant electoral district.
Federal Law may require that, along with the above information, similar
information be provided about the candidate’s spouse.
4. At elections of deputies
of representative bodies of local self-government where electoral districts are
formed in accordance with the average quota of voters’ representation that does
not exceed five thousand voters, candidates do not need to submit to the
relevant election commission the information specified in Clause 3 of this
article unless otherwise provided by the law of the subject of the Russian
Federation.
5. A candidate (except
candidates nominated on a list of candidates) shall personally submit the
documents specified in Clauses 1 to 3 of this article. The documents specified
in Clauses 1 to 3 of this article may be submitted, at the request of the
candidate, by other persons. If the candidate is ill, held in custody in places
where suspects and defendants are held (in this case the candidate's signature
on the statement shall be notarially certified or certified in writing by the
administration of the hospital in which the candidate is being treated or the
administration of the place of detention where he is held in custody as a
suspect or defendant), in other cases specified by a federal law.
6. The election commission
shall apply to relevant bodies with a request to verify the information
provided under Clauses 2 and 3 of this article. Relevant bodies shall, at the
request of the election commission, verity such information and report the
results of the verification to the election commission within ten days.
7. The election commission
shall communicate to voters the information about candidates that they provided
at the time of their nomination within the scope established by the election
commission organizing the election.
8. The election commission
shall communicate to the mass media information about discovered inaccuracy of
the data submitted by candidates.
9. The period that is
established by law for nomination of candidates, lists of candidates, and
collection of voter signatures in support of nominated candidates, lists of
candidates or otherwise support of nomination shall be at least 40 days (in the
event of an early election, at least 30 days) at elections of federal bodies of
state power, at least 30 days at elections of bodies of state power of subjects
of the Russian Federation, and at least 20 days at elections of bodies of local
self-government.
Article 34. Nomination of Candidates by Way of
Self-Nomination of Candidates
1. Self-nomination of
candidates shall be carried out by way of notification thereof of the election
commissions where the candidates are to be registered, followed by the
collection of signatures in support of such self-nominated candidates or
payment of an electoral deposit.
2. The federal law may
require that a group of a certain number of voters be assembled to support a
self-nominating candidate.
Article 35. Nomination of Candidates, Lists of
Candidates by Electoral Associations, Electoral Blocs
1. Electoral associations,
electoral blocs shall be entitled to nominate candidates, lists of candidates.
In a single-seat electoral district, an electoral association, an electoral
bloc may nominate one candidate. In a multi-seat electoral district, an
electoral association, an electoral bloc may nominate a candidate for each
deputy seat in this electoral district.
2. Nomination of
candidates, lists of candidates by political parties shall be regulated by the
Federal Law "On Political Parties." Nomination of candidates, lists
of candidates by other public associations shall be carried out at congresses
(conferences, meetings) of such public associations, their regional or local
branches, by secret ballot, and in compliance with other requirements of the
federal law regarding nomination of candidates by political parties.
3. Electoral blocs shall be
formed after the official publication of a decision to call (hold) the
election.
4. Apart from electoral
associations, electoral blocs may include, in accordance with the procedure
established by law, all-Russia public associations established as
non-governmental organizations or public movements, the charters of which
provide for participation in elections and referendums. Such all-Russia public
associations established as non-governmental organizations or public movements,
and any amendments or supplements to the charters thereof that provide for
participation in elections and referendums shall be registered, in accordance
with the federal law, not later than one year before voting day, and if an
election of a body of state power, a body of local self-government is called
because of an early termination of powers of a body of state power, a body of local
self-government, not later than six months before voting day. The above time
limits shall not apply to other amendments or supplements introduced to the
charter of a national public association.
5. Electoral blocs shall
not incorporate the following all-Russia public associations established as
non-governmental organizations or public movements:
a) an association
registered under the legislation of the Russian Federation as a trade union, a
religious organization, a charitable organization, an ethnic/cultural autonomy;
b) an association the
charter of which requires that its members or associated persons be selected
solely by an occupational, ethnic, racial and/or confessional criterion
(criteria);
c) an association the
non-political nature of which is specifically provided for by the federal law;
d) an association the
charter of which allows membership therein or otherwise association thereto of
foreign citizens, foreign or international organizations;
e) an association the
charter of which allows membership therein or association thereto of persons
who have no right to be members of political parties;
f) an association
established to advance professional, scientific, amateur interests, or
established to advance interests of groups of people in accordance with a
special federal law adopted under Federal Law No. 82-FZ of May 19, 1995
"On Public Associations.".
6. Electoral blocs shall be
subject to registration with the election commission organizing the election
either immediately after they are established or simultaneously with submission
of the joint list of candidates to the election commission. Electoral
associations incorporated into an electoral bloc shall not, at the same
election, be included into other electoral blocs or act as independent
electoral associations.
7. An electoral bloc shall
have the rights of an electoral association.
8. An electoral bloc, at
the time of its creation, shall authorize a body of this electoral bloc or a
member electoral association to act on its behalf in the period of the election
campaign, and during the term of the legislative (representative) body of state
power, the body of local self-government if the list of candidates nominated by
this electoral bloc is included in the distribution of deputy seats in the
above bodies.
9. At the request of the
election commission organizing the election, the registering authorities shall,
not later than ten days after the day of receipt of the request, provide to the
said commission a list of electoral associations, and a list of all-Russia
public associations that meet the requirements of Clauses 4 and 5 of this
article as of the day of receipt of the request.
10. The name of an
electoral association shall be the name indicated in the charter of the
corresponding political party or another public association.
11. The name of an
electoral bloc, including its short name, that consists of not more than seven
words, shall be determined at a congress (conference) of representatives of the
electoral associations that formed the given bloc. The name of an electoral
bloc shall not use the name of a public association which has been registered
at the given or a higher level and has not joined the given electoral bloc, or
the name of another electoral bloc which has already been registered for this
election. The first name and surname of a natural person, the name of a state
or municipal office shall not be used in the name of an electoral bloc.
12. In cases and in
accordance with a procedure provided for by law, an electoral association,
electoral bloc may submit its emblem to the relevant election commission.
An electoral association may submit only its own emblem a description of
which is contained in its charter. An electoral bloc may submit an emblem of
any of the electoral associations comprised in the given electoral bloc or any
other emblem with the exception of emblems descriptions of which are contained
in the charters of other public associations which nominated candidates, lists
of candidates at the given or previous elections of the given or a higher
level, and emblems of electoral blocs that nominated candidates, lists of
candidates at the given election. Symbols of an electoral association,
electoral bloc shall not infringe upon rights of intellectual property, insult
or denigrate the National Flag of the Russian Federation, the National Emblem
of the Russian Federation, the National Anthem of the Russian Federation,
flags, emblems, anthems of subjects of the Russian Federation, municipalities,
foreign states, religious symbols and national sentiments, violate the
generally recognized moral norms.
13. The names and symbols
of electoral associations, electoral blocs shall not be changed after their
submission to the relevant election commission.
14. The list of candidates
nominated by an electoral association, electoral bloc shall be submitted to the
election commission organizing the election together with the documents
specified in Clauses 2 and 3, Article 33 of this Federal Law. Within three
days, the election commission shall certify the list of candidates nominated by
an electoral association, electoral bloc.
15. After the list of
candidates has been submitted to the election commission, the candidates on the
list and the order in which they are arranged thereon shall not be changed
otherwise than due to withdrawal (removal) of the candidates. In cases provided
by law, this rule shall not apply to elections in single-seat (multi-seat)
electoral districts.
16. At least a half of the
deputy seats in the legislative (representative) body of state power of a
subject of the Russian Federation or in either of its chambers shall be
distributed between the lists of candidates nominated by electoral
associations, electoral blocs in proportion to the number of votes received by
each list of candidates. The law of a subject of the Russian Federation may
establish a minimum percentage of votes to be received by a list of candidates
in order to be included in such distribution of deputy seats. Such minimum
percentage of votes shall be established so that at least two lists of
candidates that have jointly received more than 50 percent of votes cast by the
voters who participated in the voting be included in the distribution of the
deputy seats.
Article 36. Procedure for Realization of
Initiative to Hold Referendum of Subject of the Russian Federation, Local
Referendum
1. Each citizen of the
Russian Federation or group of citizens entitled to participate in a relevant
referendum shall be entitled to form a referendum initiative group, the number
of members in the group being not less than 20 persons entitled to participate
in a referendum, for putting forward an initiative to hold a referendum of a
subject of the Russian Federation, and not less than 10 for putting
forward an initiative to hold a local referendum. If a public association
referred to in Clause 3, Article 14 of this Federal Law initiates a referendum,
its leading body shall constitute a referendum initiative group regardless of
the number of its members.
2. A referendum initiative
group shall submit an application for registration of the group to the election
commission of the relevant level that shall, as of the day of such submission,
act as a referendum commission.
3. The application of a
referendum initiative group shall contain the question (questions) proposed by
the referendum initiative group, and indicate the surname, first name and
patronymic, date and place of birth, series, number and the date of issue of
the passport or an equivalent identity document of a citizen, name or code of
the issuing body, and the residential address of each member of the initiative
group and each person authorized to act on its behalf on the territory in which
the referendum is to be held. The application of the initiative group shall be
signed by all members of the said group.
4. Attached to the
application shall be the minutes of the meeting of the referendum initiative
group at which a decision was taken to put forward an initiative to hold a
referendum.
5. Within 15 days after
receipt of the application of the referendum initiative group, the commission
referred to in Clause 2 of this article shall consider this application and the
attached documents and decide as follows:
if the application and the
documents meet the requirements of this Federal Law, the constitution
(charter), the law of a subject of the Russian Federation, the charter of the
municipality, to forward thereof to the legislative (representative) body of
state power of the subject of the Russian Federation or to the representative
body of local self-government authorized by the constitution (charter), the law
of the subject of the Russian Federation, the charter of a municipality to
make a decision to call a referendum;
otherwise, to refuse to
register the initiative group.
6. The legislative
(representative) body of state power of a subject of the Russian Federation or
the representative body of local self-government referred to in Clause 5 of
this article, shall make sure that the question proposed for a referendum of
the subject of the Russian Federation, a local referendum meets the
requirements of Article 12 of this Federal Law in accordance with a procedure
and within the period established by the law of the subject of the Russian
Federation, the charter of the municipality. This period shall not exceed 20
days from the day on which the application for a referendum and the attached
documents were submitted to the relevant body by the referendum initiative
group.
7. Within 5 days after an
application of an initiative group to hold a referendum in a subject of the
Russian Federation and attached documents are received, the legislative
(representative) body of state power of the subject of the Russian Federation
referred to in Clause 5 of this article shall notify the President of the
Russian Federation, the Federation Council of the Federal Assembly of the
Russian Federation, the State Duma of the Federal Assembly of the Russian
Federation, the Government of the Russian Federation and the Central Election
Commission of the Russian Federation of this initiative.
8. If the legislative
(representative) body of state power or the representative body of local
self-government indicated in Clause 5 of this article establishes that the question
to be put to a referendum meets the requirements of Article 12 of this Federal
Law, the commission indicated in Clause 2 of this article shall register the
referendum initiative group, issue a registration certificate to the group
and inform the mass media about this. A decision to register a referendum
initiative group shall be taken within 15 days of the date when the
legislative (representative) body of state power or the representative body of
local self-government indicated in Clause 5 of this article establishes that
the question to be put to a referendum meets the requirements of Article 12 of
this Federal Law.
9. A registration
certificate the form of which shall be approved by the election commission of a
subject of the Russian Federation and which is issued to the referendum
initiative group, shall be valid for the period established by the law of the
subject of the Russian Federation, the charter of the municipality.
10. If a dispute arises
over the competence in connection with the initiative to hold a referendum in a
subject of the Russian Federation, the President of the Russian Federation, the
Federation Council of the Federal Assembly of the Russian Federation, the State
Duma of the Federal Assembly of the Russian Federation, the Government of the
Russian Federation shall be entitled to suggest that the body which established
that the question to be put to a referendum meets the requirements of Article
12 of this Federal Law form a conciliatory commission. Representatives of the
referendum initiative group in a subject of the Russian Federation shall be
entitled to participate in the work of the conciliatory commission. The period
indicated in Clause 8 of this article shall be extended for as long as the
conciliatory commission is working.
11. If the body indicated
in Clause 5 of this article establishes that the question to be put to a
referendum does not meet the requirements of Article 12 of this Federal Law,
the commission indicated in Clause 2 of this article shall refuse to register
the referendum initiative group.
12. If the registration of
a referendum initiative group is refused, a decision of the relevant body
indicating the reasons for the refusal shall be issued to it.
13. The reason for the
refusal to register a referendum initiative group may only be a violation by
the initiative group of the Constitution of the Russian Federation, federal
laws, the constitution (charter), the laws of a subject of the Russian
Federation, the charter of a municipality. The refusal of registration may be
appealed in a court.
Article 37. Collection of Signatures in Support
of Nomination of Candidates, Lists of Candidates, Referendum Initiative
1. In accordance with the
procedure established by law, signatures of voters, referendum participants may
be collected in support of nomination of candidates, lists of candidates, a
referendum initiative. The number of signatures required for registration of
candidates, lists of candidates shall be established by law and shall not
exceed two percent of the number of voters registered on the territory of the
electoral district in accordance with Clause 4, Article 16 of this Federal Law.
The number of signatures required to be collected in support of an initiative
to hold a referendum of a subject of the Russian Federation shall be
established by law and shall not exceed two percent of the number of referendum
participants registered on the territory of the referendum in accordance with
Clause 4, Article 16 of this Federal Law, and in support of an initiative to
hold a local referendum, five percent of the number of referendum participants
registered on the territory of the referendum in accordance with Clause 4,
Article 16 of this Federal Law.
2. The number of signatures
required by law for registration of candidates in a multi-seat electoral
district shall not exceed two percent of the number of voters registered on the
territory of the relevant electoral district divided by the number of deputy
seats.
3. The quotas for
collection of voter signatures on the territory of one subject of the Russian
Federation at elections of federal bodies of state power may be established by
the federal laws.
4. No quotas shall be
established for the collection of signatures of voters, referendum participants
at an election of bodies of state power of subjects of the Russian Federation,
bodies of local self-government, a referendum of a subject of the Russian
Federation, a local referendum for a part of the territory of the subject of
the Russian Federation, a part of the territory of the municipality.
5. Signatures may be
collected starting on the day following the day when the commission received a
notice about nomination of a candidate, a list of candidates was certified, a
referendum initiative group was registered. The signature sheets shall be
printed for the account of the relevant electoral funds, referendum funds. The
period established by the law of a subject of the Russian Federation for
collection of signatures of referendum participants in support of an initiative
to hold a referendum of the subject of the Russian Federation shall be at least
30 days, in support of an initiative to hold a local referendum, at least 20
days.
6. Signatures may be
collected only among voters who are entitled to an active electoral right in
the electoral district in which a candidate gives consent to nomination, or
among referendum participants who are entitled to participate in a relevant
referendum. Bodies of state power, bodies of local self-government, governing
bodies of organizations of any form of ownership, institutions, voting members
of election commission shall not participate in signature collection. In the
course of signature collection it shall be prohibited to compel voters to put
their signatures or to remunerate them in any form for doing so and collect
signatures at work places, when and where wages, pensions, allowances,
stipends, other social benefits are paid.
7. A legally capable
citizen of the Russian Federation who has attained to the age of 18 years by
the time of signature collection shall be entitled to collect signatures of
voters, referendum participants. A candidate, an electoral association, an
electoral bloc, an authorized representative of the referendum initiative group
may enter a contract for signature collection with a person collecting
signatures of voters, referendum participants. Remuneration for such work shall
be paid only through the electoral funds of the candidate, electoral
association, electoral bloc, through the referendum funds established by the
referendum initiative group.
8. The form of a signature
sheet shall be determined by law. A voter, referendum participant shall put on
the signature sheet his signature and the date of signing, and indicate his
surname, first name and patronymic, year of birth (at the age of 18, also the
day and month of birth), series and number of the passport or equivalent
identity paper, and the address of the place of residence as stated in the
passport or equivalent identity document. The data on voters, referendum
participants who put their signatures and write the dates of signing on the
signature sheet may be entered in the signature sheet, at the request of a
voter, referendum participant, by the person collecting signatures in support
of the candidate, list of candidates. All such data shall be written by hand. A
voter, referendum participant shall put his signature and write the date of
signing with his own hand.
9. If a candidate has a
conviction, this information must be indicated on the signature sheet. The
signature sheet shall also contain information about possession by the
candidate of a foreign citizenship specifying the name of the relevant state.
Article 38. Registration of Candidates, Lists
of Candidates, Procedure for Calling of Referendum
1. A candidate, a list of
candidates shall be registered by the relevant election commission, provided
that a statement (statements) by the candidate (candidates) on his (their)
consent to stand for election in the respective electoral district compiled in
accordance with Clause 2, Article 33 of this Federal Law, and information
submitted in accordance with Clause 3, Article 33 of this Federal Law, and the
required number of voter signatures collected in support of the nomination of
the candidate, list of candidates, or a paid electoral deposit, or a decision
of a political party, an electoral bloc referred to in Clause 16 of this
article are available. The availability of the required number of signatures of
referendum participant collected in support of a referendum initiative shall
constitute grounds for calling a referendum by the body authorized to do so in
accordance with the procedure established by law.
2. The number of signatures
of voters, referendum participants collected in support of a candidate, a list
of candidates, a referendum initiative and submitted for the purposes of
registration of a candidate, a list of candidates, for calling a referendum may
exceed the number of signatures required for such registration, but not more
than by 25 percent. Any other maximum number of signatures of voters,
referendum participants to be provided to obtain registration of a candidate, a
list of candidates, or to ensure calling of a referendum shall not be
established by law.
3. Law shall provide for
a procedure to check compliance with the rules for signature collection,
inspection of signature sheets, to verify the authenticity of data about
voters, referendum participants and signatures of voters, referendum
participants collected in support of a candidate, a list of candidate, a
referendum initiative. All or some of the signatures submitted may be subjected
to verification, but not less than randomly selected (drawn) 20 percent of the
number of signatures required by law for registration of a candidate, a list of
candidates, for calling a referendum.
4. Signatures on signature
sheets that have been annulled (struck out) by the persons initiating the
nomination of a candidate, a list of candidates, the calling of a referendum
shall not be counted or verified, provided they specifically indicated this
fact on the signature sheet or in the protocol of results of signature
collection before the signatures are submitted to the relevant commission.
5. Signatures shall be
declared invalid if collected with participation of bodies of state power,
bodies of local self-government, governing bodies of organizations of any form
of ownership, institutions, voting members of election commissions, or with
coercion applied to voters, referendum participants in the course of signature
collection, or with remuneration of voters, referendum participants for putting
their signatures, or at work places, or when and where wages, salaries,
pensions, welfare benefits, other social benefits are paid.
6. No abbreviations
contained in the data about a voter, a referendum participant shall constitute
grounds for declaring his signature invalid, provided such abbreviations do not
prevent unambiguous interpretation of such data. Verification of authenticity
of the signature of a voter, a referendum participant by questioning shall be
forbidden.
7. All candidates,
authorized representatives of candidates, electoral associations, electoral
blocs that have nominated candidates, lists of candidates, authorized
representatives of referendum initiative groups that submitted the required
number of signatures shall be entitled to attend any verification of the
signatures submitted by a candidate, an electoral association, an electoral
bloc, a referendum initiative group, including sampling of signatures for such
verification. A candidate, an authorized representative of an electoral
association, an electoral bloc that have nominated a list of candidates, an
authorized representative of the referendum initiative group that submitted the
number of signatures required for registration of a candidate, a list of
candidates, for calling a referendum shall be notified about the relevant
verification.
8. If at least 25 percent
of signatures subjected to verification are found to be unauthentic or invalid,
or the number of authentic signatures is smaller than the number required for
registration of the relevant candidate, list of candidates, for calling a
referendum, the commission shall refuse to register the candidate, the list of
candidates, or refuse to call a referendum.
9. The results of the
verification referred to in Clause 3 of this article shall be communicated to
the candidate, an authorized representative of the electoral association,
electoral bloc, the referendum initiative group not later than two days before
the meeting at which the question whether or not to register the candidate,
list of candidates, call a referendum is to be considered. If, as a result of
the relevant verification, it has been found that the number of the submitted
signatures is insufficient for registration, or that the maximum proportion of
unauthentic or invalid signatures has been exceeded in the portion of
signatures subjected to the verification, the candidate, an authorized
representative of the electoral association, the electoral bloc, the referendum
initiative group shall be provided, within the established time, with: copies
of the protocol of the results of the verification of signature sheets, copies
of records of signature sheet verification indicating the grounds (reasons) for
declaring signatures of voters, referendum participants unauthentic or invalid,
copies of official documents on the basis of which signatures were declared
unauthentic or invalid.
10. At elections of federal
bodies of state power, with the exception of elections of the President of the
Russian Federation, to bodies of state power of subjects of the Russian
Federation, bodies of local self-government, a candidate, an electoral
association, an electoral bloc may decide not to collect voter signatures in
support of the nomination of such candidate, a list of candidates, in such
case, registration of the candidate, the list of candidates shall be carried
out by the relevant election commission on the basis of an electoral deposit
paid to the election commission by this candidate, the electoral association,
electoral bloc that nominated a list of candidates.
11. The fact of collection
and submission by a candidate, an electoral association, an electoral bloc of
voter signatures in support of nomination of the candidate, a list of
candidates shall not constitute grounds for refusal of registration on the
basis of payment of an electoral deposit; similarly, payment of an electoral
deposit shall not constitute grounds for refusal of registration on the basis
of collected voter signatures.
12. An electoral deposit
shall be paid from electoral funds. If a candidate, a list of candidates is
registered on the basis of submitted voter signatures, the electoral deposit
shall be returned to the electoral fund.
13. If a registered
candidate failed to be elected and received less votes cast by voters who
participated in the election than the number established by law, if an
electoral association, an electoral bloc did not participate in the
distribution of deputy seats and/or received less votes cast by voters who
participated in the election than the number established by law, the electoral
deposit paid by such candidate, electoral association, electoral bloc shall be
remitted to the relevant budget. The said number of votes shall not be more
than 5 percent of the number of voters who participated in the voting in the
relevant electoral district for candidates, and more than 3 percent for lists
of candidates nominated by electoral associations, electoral blocs. The
electoral deposit shall be also remitted to the relevant budget if the
candidate, the list of candidates are denied registration, if the candidate
withdraws his candidature, or the electoral association, electoral bloc recalls
its registered candidate, list of candidates without compelling circumstances,
provided that such recall results in circumstances specified in Clause 30 of
this article or calling of a repeat election, and if registration of a
candidate, a list of candidates is annulled on the grounds specified in Clause
5, Article 76 of this Federal Law. In all other cases, including the case of
declaring the election results null and void, the electoral deposit shall be
returned to the relevant electoral fund.
14. The size of the
electoral deposit shall be 15 percent of the maximum amount of expenditures
from the electoral fund of, respectively, a candidate, an electoral
association, an electoral bloc, that is established by law.
15. The procedure for
establishment and maintenance of a special account for receipt and keeping of
the electoral deposit by the relevant election commission shall be determined
by law.
16. Registration of
candidates, lists of candidates nominated by political parties, electoral blocs
shall be carried out without collection of voter signatures or payment of an
electoral deposit, provided that, as a result of the previous election of
deputies of the State Duma of the Federal Assembly of the Russian Federation,
the federal lists of candidates nominated by these political parties, electoral
blocs were included in the distribution of deputy seats. In such case, a
candidate shall be registered on the basis of a decision on his nomination
adopted by the political party, electoral bloc in accordance with the procedure
established by the federal law.
17. At elections of
representative bodies of local self-government of municipalities with the
average voters’ representation quota of less than ten thousand, the collection
of voter signatures in support of candidates need not be carried out if a
different procedure for nomination of candidates is provided for by the law of
the subject of the Russian Federation.
18. Within an established
period that shall not exceed ten days, the relevant election commission shall
check the compliance of the procedure of nomination of a candidate, a list of
candidates with the requirements of the law and shall decide to register or not
to register the candidate, list of candidates.
19. At one and the same
election, a candidate may only be registered in one electoral district. This
rule shall not apply to registration of a candidate when the candidate is
nominated at the same election, by one electoral association, electoral bloc
simultaneously in a single-seat (or multi-seat) electoral district and on a
list of candidates.
20. In registration of a
candidate nominated by an electoral association, electoral bloc, the relevant
decision of the election commission shall indicate the fact of his nomination
by this electoral association, electoral bloc. If a candidate is registered
both in a single-seat (or multi-seat) electoral district and on a list of
candidates, the decision of the election commission shall indicate the fact
that the candidate is also registered on the list of candidates.
21. If the procedure of
putting forward the initiative to hold a referendum complies with the
requirements of the law, the charter of a municipality, the commission
specified in Clause 2, Article 36 of this Federal Law shall, within 15 days of
the date when the referendum initiative group submits signature sheets and a
protocol of signature collection, forward these signature sheets, a copy of the
signature collection protocol and a copy of its decision to the legislative
(representative) body of state power of the subject of the Russian Federation
or to the representative body of local self-government that are authorized by
the constitution (charter), the law of the subject of the Russian Federation,
the charter of the municipality to take a decision to call a referendum. A copy
of the commission’s decision shall also be sent to the referendum initiative
group.
22. If a dispute about the
competence in connection with the calling of a referendum of a subject of the Russian
Federation arises, such dispute shall be resolved by the Constitutional Court
of the Russian Federation. In such case, preparation of the referendum shall be
suspended pending the decision of the Constitutional Court of the Russian
Federation.
23. In the event of a
refusal to register a candidate, a list of candidates, refusal to call a
referendum, the relevant commission shall, within one day of the date of the
decision on refusal of registration, issue to an authorized representative of
the electoral association, electoral bloc that nominated the candidate, an
authorized representative of the referendum initiative group a copy of the
commission’s decision stating the grounds for the refusal. The following may
constitute grounds for refusal of registration:
a) the candidate is not
entitled to a passive electoral right;
b) for candidates, lists of
candidates nominated by a political party, and electoral bloc, the requirements
to nomination of a candidate, a list of candidates specified in the Federal Law
"On Political Parties," are not complied with, for candidates
nominated by other public associations, the requirements of Clause 2, Article
35 of this Federal Law are not complied with;
c) for registration of a
candidate, a list of candidates, for calling a referendum, any document is not
available in the set of documents submitted for registration, provided for by
this Federal Law, another law;
d) a serious or repeated
violation of the prohibition to collect signatures at places where the law
prohibits collection of signatures, if the signatures submitted for
registration of a candidate, a list of candidates, in support of a referendum
initiative were collected in violation of this prohibition. A serious violation
of the said prohibition is committed if at least 20 percent of the signatures
provided for registration of a candidate, a list of candidates, in support of a
referendum initiative are collected at places where signature collection is
prohibited;
e) insufficient number of
submitted authentic and valid signatures of voters, referendum participants
collected in support of a candidate, a list of candidates, a referendum
initiative, or an excessive proportion, as established by this Federal Law, of
unauthentic or invalid signatures among the signatures subjected to
verification (if the electoral deposit was not paid or the decision of an
electoral association, electoral bloc was not provided for registration of the
candidate, the list of candidates under Clause 16 of this article);
f) inaccuracy of
information submitted by the candidate in accordance with Clause 2, Article 33
of this Federal Law. Inaccuracy of information about individual candidates
included in a list of candidates may serve as a reason for removal of only the
relevant candidates from the list of candidates;
g) a failure of a
candidate, electoral association, electoral bloc, referendum initiative group,
to establish a relevant electoral fund, a referendum fund (with the exception
of cases when under Article 58 of this Federal Law no electoral fund,
referendum fund is required);
h) the use by a candidate,
an electoral association, electoral bloc in funding their election campaigns,
by a referendum initiative group in funding their activities related to
furthering its initiative to hold a referendum, in arranging signature
collection in support of this initiative, and in activities aimed at obtaining
a certain result at the referendum, of the funds other than their electoral
fund, referendum fund that amount to more than 5 percent of the maximum limit
of expenditures of the electoral fund, referendum fund established by law;
i) exceeding by a
candidate, an electoral association, electoral bloc in funding their election
campaigns, by the referendum initiative group in funding its activities related
to furthering its initiative to hold a referendum, in arranging signature
collection in support of this initiative, and in activities aimed at obtaining
a certain result at the referendum, of the maximum limit of expenditure of the
electoral fund, referendum fund established by law by more than five percent;
j) the number of candidates
removed from the list of candidates on the basis of their applications, by a
decision of the electoral association, electoral bloc (with the exception of
candidates who were removed due to compelling circumstances) and by a decision
of an election commission for the reasons set forth in this Clause exceeds 25
percent of the total number of candidates on a certified list of candidates;
k) a candidate, an authorized
representative of the electoral association, electoral bloc has violated
provisions of Clause 1, Article 56 of this Federal Law during the campaigning
period, and this fact is established by a court decision;
l) a candidate, his agent,
a member or an authorized representative of the referendum initiative group has
taken advantage of his office or official position ;
m) a candidate has been
registered in some other electoral district at this election, save the case
where a candidate was nominated by an electoral association, electoral bloc
simultaneously in a single-seat (multi-seat) electoral district and on a list
of candidates.
24. The list of reasons for
refusal to register a candidate, a list of candidates, for removal of a
candidate from a list of candidates by a decision of the commission, refusal to
call a referendum established by Clause 23 of this article shall be exhaustive.
25. If the commission makes
a decision to refuse to call a referendum on the question proposed for putting
to the referendum, members of the respective initiative group shall not, for
two years after the day of adoption of this decision, repeat the initiative of
holding a referendum on a similar question.
26. If the registration of
a candidate, a list of candidates is refused, re-nomination of the candidate,
list of candidates shall be possible in compliance with the procedure and
within the time limits established by law.
27. A candidate shall be
entitled to submit to the commission that registered him a written application
to remove his candidature, not later than three days before voting day
(including the day of a repeat voting). In such case, the election commission
that registered the candidate shall take a decision to cancel his registration.
28. The body of an
electoral association, electoral bloc that took the decision to nominate a
candidate in a single electoral district, a list of candidates shall be
entitled to take a decision to recall this candidate, list of candidates. Such
decision shall be submitted to the election commission that registered this
candidate, list of candidates not later than five days before voting day
(including the day of a repeat voting). In such case, the election commission
that registered the candidate, list of candidates shall take a decision to
cancel the registration of the candidate, list of candidates.
29. An electoral
association, in accordance with its charter, an electoral bloc, by a decision
of representatives authorized to do so by the member electoral associations, shall
be entitled to recall a candidate nominated by them in a single-seat or
multi-seat electoral district, remove some candidates from the list of
candidates certified by a relevant election commission on the grounds
established by the charter of the electoral association, the agreement on
establishing the electoral bloc. A recall or removal may be effected not later
than five days before voting day. The total number of candidates removed from
the list shall not exceed 25 percent of the total number of candidates on a
certified list of candidates. Persons who previously were not on the list of
candidates shall not be included in such list, or changes in the order in which
names are arranged on the list, with the exception of cases when such changes
result from the change in the arrangement caused by the withdrawal, including
removal, of some candidates, shall not be allowed.
30. If, by voting day, the
number of registered candidates in an electoral district is smaller than the
established number of deputy seats or is equal to this number, or if only one
list of candidates is registered or no lists of candidates are registered, the
voting in such district shall be postponed by not more than six months to allow
additional nomination of candidates, lists of candidates and performance of the
further electoral actions, with the exception of cases specified in Clause 32
of this article.
31. If the circumstances
referred to in Clause 30 of this article result from the fact that a registered
candidate withdrew his candidature without any compelling circumstances, or a
political party, an electoral bloc recalled a registered candidate in the
absence of any compelling circumstances, all expenses incurred by a relevant
election commission in the preparation and conduct of the election shall be
collected from this registered candidate, this political party, electoral bloc.
32. If the circumstances
referred to in Clause 30 of this article arise, voting in a single-seat
electoral district or a single electoral district on a single candidature shall
be conducted:
a) at a repeat voting;
b) at an election of
deputies of bodies of local self-government (if established by the law of the
subject of the Russian Federation).
In either case, a candidate
shall be considered elected if he received at least 50 percent of the vote.
33. Circumstances
compelling a registered candidate to withdraw his candidature or an electoral
association, electoral bloc to recall a candidate mean the pronouncement of a
candidate to be incapable or partially incapable by a court, a serious illness
or persistent health problems of a candidate or his next of kin.
Chapter VI. Status of Candidates,
Referendum Initiative Groups
Article 39. Equality of Candidates
1. All candidates shall
have equal rights and bear equal obligations, save as otherwise provided by
this Federal Law.
2. Only authorized
representatives for financial matters and agents of candidates may act on
behalf of such candidates or, if a candidate is nominated on a list of
candidates – also authorized representatives and agents of the electoral
association, electoral bloc which nominated this list.
Article 40. Restrictions Connected with Office
or Official Position
1. Candidates who occupy
state or municipal offices or are in state or municipal service as well as
candidates who are officials in mass media organizations or are employees of
such organizations shall not take advantage of their office or official
position when conducting their election campaigns.
2. Registered candidates
occupying state offices of category A in the bodies of executive power, or
offices in the bodies of judicial power, or elective municipal offices (with
the exception of deputies of representative bodies of local self-government) as
well as registered candidates who are in state and municipal service or work in
mass media organizations (with the exception of the editorial offices of print
media founded by candidates, political parties) shall, for the period of their
participation in the election, be relieved from their official duties and shall
submit certified copies of relevant orders to the election commission which
registered them, within three days of the day of registration, with the
exception of the case referred to in Clause 3 of this article. It may be established
by the law of a subject of the Russian Federation that at elections of
representative bodies of local self-government, if there is a certain number of
voters in an electoral district (which shall not exceed five thousand voters),
registered candidates who are in state service shall not be relieved from their
official duties.
3. The President of the
Russian Federation (the Chairman of the Government of the Russian Federation
who in accordance with the Constitution of the Russian Federation is the acting
President of the Russian Federation and is a registered presidential candidate)
shall continue to exercise his powers. However, he shall be prohibited from
taking advantage of his official position.
4. In the period of an
election campaign, a referendum campaign, persons who are not candidates and
occupy state or municipal offices or are in state or municipal service shall
not take advantage of their offices or official position to promote nomination
and/or election of a candidate, list of candidates, advancement or furthering
of a referendum initiative, to obtain a certain answer to the referendum
question.
5. Under this Federal Law,
taking advantage of an office or official position means:
a) involvement of persons
who are subordinate to or otherwise dependent on a candidate in the line of
duty, other state and municipal employees in activities carried out during the
working hours to promote nomination and/or election of a candidate, advancement
or furthering of a referendum initiative, to obtain a certain answer to the
referendum question;
b) use of premises occupied
by state bodies or bodies of local self-government for activities promoting
nomination and/or election of candidates, advancement or furthering of a
referendum initiative, obtaining a certain answer to the referendum question,
if the use of the same premises is not guaranteed to other candidates on the
same terms and conditions;
c) use of telephone, fax
and other means of telecommunication, information services, office equipment of
state bodies or bodies of local self-government, state and municipal
institutions or bodies of local self-government for election campaigning,
campaigning on the referendum questions;
d) use of state- or
municipality-owned transport facilities at no charge or reduced charges for
activities promoting nomination and/or election of candidates, advancement or
furthering of a referendum initiative, obtaining a certain answer to the
referendum question. This provision shall not apply to persons using the said
transport facilities in accordance with the Russian Federation laws on the
security services provided by the state;
e) collection of signatures
or election campaigning, campaigning on the referendum questions carried out by
persons who occupy state and municipal offices or are in state or municipal
service during business trips paid for from the state or municipal funds;
f) preferential access
(compared to other candidates, referendum participant groups) to the state and
municipal mass media for collection of signatures, election campaigning, or
campaigning on the referendum questions;
g) propaganda speeches at
mass events organized in the period of an election campaign, a referendum
campaign by a state and/or municipal body, organization, with the exception of
a speech at the events indicated in Clause 6, Article 53 of this Federal Law;
or, in the period of an election campaign, publication in mass media, in
printed propaganda materials of work progress reports, distribution, on behalf
of a citizen who is a candidate, of congratulations or other materials, if such
publication or distribution has not been paid for out of the relevant electoral
fund;
6. Compliance with the
restrictions listed in Clause 5 of this article must not prevent deputies, the
President of the Russian Federation from exercising their powers and performing
their obligations to voters.
7. Officials, journalists
and other persons holding creative jobs in mass media organizations (with the
exception of the editorial offices of print media founded by candidates,
political parties) shall not participate in highlighting an election campaign
in the mass media if these persons are candidates, or authorized
representatives of candidates, electoral associations, electoral blocs.
Article 41. Guarantees for Activity of
Registered Candidates
1. At a written request or
report of a registered candidate, the administration of the organization, the
commanding officer of the military unit, the head of the body of internal
affairs where the candidate works, serves, undergoes military training, studies
shall relieve the candidate from work, service, training sessions on any day
and for any time in the period from the day of the candidate's registration to
the day of the official publication of the election results.
2. During the election
period, a registered candidate shall not, at the initiative of the
administration (employer), be dismissed from his job, service, expelled from an
educational establishment, transferred to another job without his consent, sent
on business trips, called up for military service or military training or
ordered to do an alternative civilian service.
3. The time of
participation of a registered candidate in the election shall be included in
his overall service time in accordance with his specialty before the
registration as a candidate.
4. A registered candidate
shall not be subjected to criminal prosecution, arrested and no administrative
punishments shall be imposed on such candidate by a court without the consent
of the prosecutor (according to the level of the election). Having given such
consent, the prosecutor shall serve a notice to this effect on the election
commission that registered the candidate.
5. A candidate shall
forfeit the rights and be relieved of the responsibilities associated with the
status of a candidate, with the exception of responsibilities referred to in
Clause 9, Article 59 of this Federal Law, from the time of the official
publication of the general data on the election results, or, in the event of an
early withdrawal from the elections, on the date of such withdrawal. If the
relevant election commission sets, in accordance with the law, a repeat voting,
the candidates who are not included in the repeat voting shall forfeit their
status on the day for which the election commission sets the repeat voting.
6. In the cease referred to
in Clause 3, Article 71 of this Federal Law, the candidate who takes the place
of a removed candidate, shall acquire the rights and responsibilities
associated with the status of a candidate.
Article 42. Status of Members of Referendum
Initiative Group and Other Groups of Referendum Participants
1. Members and authorized
representatives of a referendum initiative group shall not take advantage of
their office or official position in order to advance and further the
referendum initiative, obtain a certain answer to the referendum question.
2. It may be provided for
by law that after a referendum initiative group is registered, other groups of
referendum participants may be established and registered by referendum
commissions, and that the leading bodies of public associations, leading bodies
of regional branches or other structural divisions of public associations the
charters of which allow participation in elections and/or referendums and which
have been registered in accordance with the procedure established by the
federal law at a level corresponding to the level of the referendum or a higher
level not later than six months before the day when the referendum initiative
was put forward may operate in the capacity of such groups. It shall be
provided by law that the leading bodies of political parties, regional branches
and other structural divisions of political parties may act in the capacity of
such groups, in accordance with the level of a referendum. Provisions of this
Federal Law governing the activities of a referendum initiative group after its
registration, its members and authorized representatives shall also apply to
other groups of referendum participants, their members and authorized
representatives unless otherwise provided by this Federal Law.
1. A candidate, as well as
an electoral association, electoral bloc that have nominated candidates, a list
of candidates shall be entitled to appoint their agents. Registration of agents
shall be carried out forthwith by the election commission on the basis of a
written application of a candidate (an electoral association, electoral bloc)
and an application of the proposed agent stating his consent to be such agent.
2. Persons occupying state
offices of category A or elective municipal offices shall not be agents of
candidates, political parties, electoral blocs. State or municipal officials
may be appointed agents provided that they are relieved from their official
duties for the period of the exercise of the powers of agents. Registration of
an agent who is a state or municipal official shall be effected provided that
an order relieving such official from his official duties (including the period
of his leave, vacation) is submitted to the relevant election commission.
3. Agents shall receive
their ID cards by the election commission and shall be involved in the election
campaign of a candidate, an electoral association, electoral bloc, including
propaganda activities. For the period of a person’s activity as an agent, the
administration (employer) shall grant such person, at his request, an unpaid
leave. Candidates, electoral associations, electoral blocs that appointed
agents shall be entitled to recall such appointments at any time by serving a
notice to this effect on the election commission that shall annul the ID cards
issued to such agents. The number of agents of a candidate, an electoral
association, electoral bloc shall be established by law.
4. The powers of agents
shall be terminated by the decision of the candidate, the electoral
association, electoral bloc or at the time when the candidates included on a
list of candidates nominated by the electoral association, electoral bloc that
appointed these agents forfeit their status as candidates.
Chapter VII. Guarantees of the
Rights of Citizens to Receive and Disseminate Information about Elections and
Referendums
Article 44. Informational Support of Elections
and Referendums
Informational support of
elections and referendums shall include information of voters, referendum
participants and election campaigning, referendum campaigning and shall be
conducive to conscious expression of citizens’ will and to openness of
elections, referendums.
Article 45. Information of Voters and
Referendum Participants
1. Voters and referendum
participants shall be informed by bodies of state power, bodies of local
self-government, election commissions, mass media organizations, legal entities
and natural persons in accordance with this Federal Law. Bodies of state power,
bodies of local self-government shall not be entitled to inform voters about
candidates, about electoral associations, electoral blocs.
2. Informational materials
carried by the mass media or otherwise disseminated shall be objective and
accurate and shall not violate the equality of candidates, electoral
associations, electoral blocs.
3. Information of voters,
referendum participants, in particular through the mass media, about the
preparation and conduct of elections, referendums, the periods and procedures
for the performance of electoral actions, actions relating to participation in
a referendum, about electoral and referendum laws of the Russian Federation,
about candidates, electoral associations, electoral blocs shall be carried out
by commissions.
4. Mass media organizations
shall be free in their activity aimed at informing voters, referendum
participants.
5. In television and radio
programs and in the publications carried by the print media, reports concerning
election events, events related to a referendum shall be always presented in
the form of separate news items, without any comments. Such news items shall
not give preference to any candidate, electoral association, electoral bloc,
referendum initiative group, another group of referendum participants, in
particular with regard to the time devoted to cover their election activities,
the amount of space allocated in the print media for such reports.
6. Journalists, other
creative workers and officials of a mass media organization who have been
engaged in an activity related to informational support of an election, a
referendum in accordance with the legislation of the Russian Federation
governing elections and referendums shall not be dismissed from their offices
at the initiative of the administration (employer) and shall not be transferred
to other offices without their consent in the period of the relevant election campaign,
referendum campaign, and during one year thereafter, save the case where a
disciplinary action was taken against them in accordance with the labor
legislation of the Russian Federation and this action has not been appealed in
a court or has been declared lawful and appropriate by a court.
7. On voting day, before
the end of the voting in an electoral district, referendum district, no
information shall be published (made public) about the results of the election,
referendum and no such information shall be placed in public
information-telecommunications networks (including the Internet).
1. Publication of the
results of opinion polls related to elections or referendums shall be a form of
information of voters, referendum participants. The failure to comply with the
requirements of Clauses 2 and 3 of this article when the results of opinion
polls are published (made public) shall result in the fact that the materials
containing this information will be treated as propaganda materials and such
failure shall entail the responsibility established by this Federal Law.
2. When publishing the
results of opinion polls related to elections or referendums, the mass media,
citizens and organizations that publish (make public) these results shall
indicate the organization which conducted the poll, the time when it was
conducted, the number of respondents (sample size), the method of information
collection, the region where the poll was conducted, the precise formulation of
the question, statistical assessment of a possible error, the person (persons)
who ordered the poll and paid for the publication of its results.
3. For five days before
voting day and on voting day, it shall be prohibited to publish (make public)
the results of opinion polls, forecasts of the results of the election, the
referendum, other studies relating to the current election or referendum, in
particular in public information-telecommunications networks (including the Internet).
Article 47. Television and Radio Broadcasting
Organizations and Print Media Used for Informational Support of Elections and
Referendums
1. The informational
support of elections and referendums of the respective levels shall be provided
by means of state, municipal and non-state TV and radio broadcasting
organizations and print media.
2. In this Federal Law,
state TV and radio broadcasting organizations and state print media outlets
shall mean TV and radio broadcasting organizations and print media outlets
which are founded (co-founded) or the editorial offices of which are founded
(co-founded) by state bodies and organizations and/or which, a year before the
day of the official publication of the decision to call the election, the
referendum, received state support in the form of subsidies and/or subventions
for their current functioning from the federal budget, budget of a subject of
the Russian Federation and/or which have a charter capital where the state has
a stake as of the day of the official publication of the decision to call the
election, the referendum.
3. In this Federal Law,
municipal TV and radio broadcasting organizations and print media outlets hall
mean TV and radio broadcasting organizations and print media outlets which are
founded (co-founded) or the editorial offices of which are founded (co-founded)
by municipal bodies and organizations and/or which, a year before the day of
the official publication of the decision to call the election, the referendum,
received municipal support in the form of subsidies and/or subventions for
their current functioning from the local budget and/or which have a charter
capital where the municipality has a stake as of the day of the official
publication of the decision to call the election, the referendum.
4. In this Federal Law,
non-state TV and radio broadcasting organizations and print media shall mean TV
and radio broadcasting organizations and print media outlets which do not fall
within Clauses 2 and 3 of this article.
5. In this Federal Law, depending
on their coverage or information distribution area, state TV and radio
broadcasting organizations and print media outlets are divided into:
a) national TV and radio
broadcasting organizations, i.e. TV and radio organizations which have a
broadcasting license covering the territory of a half or more than a half of
Russian Federation subjects;
b) regional TV and radio
broadcasting organizations, i.e., TV and radio broadcasting organizations which
have a broadcasting license covering less than a half of Russian Federation
subjects, as well as relevant divisions of the TV and radio broadcasting
organizations referred to in sub-Clause a) of this Clause;
c) national print media
outlets registered for distribution in a half or more than a half of Russian Federation
subjects;
d) regional print media
outlets registered for distribution in less than a half of Russian Federation
subjects.
6. Print media outlets
founded by legislative (representative), executive and judicial bodies of state
power, bodies of local self-government exclusively for the publication of their
official documents and reports, regulations and other acts shall not publish
any propaganda materials and materials highlighting the activity of candidates,
electoral associations, electoral blocs, referendum initiative groups.
7. A list of state and/or
municipal TV and radio broadcasting organizations and state and/or municipal
print media outlets that must provide their air time, space in print media for
election campaigning materials, referendum campaigning materials shall be
published by the commission organizing the election, referendum, or a lower
commission specified by law at the request of the relevant executive bodies of
state power that implement the state policy in the field of mass media, bodies
of local self-government.
Article 48. Election Campaigning, Referendum
Campaigning
1. Citizens of the Russian
Federation, public associations shall be entitled to conduct election
campaigning, referendum campaigning in the forms permitted by law and by legal
methods.
2. The following shall be
regarded as election campaigning in the period of an election campaign:
а) calls for voting
for or against a candidate (list of candidates);
b) expression of preference
for any of the candidates, an electoral association, electoral bloc, in
particular, statements indicating the candidate, list of candidates, electoral
association, electoral bloc for which a voter will vote;
c) description of possible
consequences of the election or non-election of a candidate (list of
candidates);
d) dissemination of
materials with a marked predominance of information about some candidates,
electoral associations, electoral blocs in combination with positive or
negative comments;
e) dissemination of
information about the activities of a candidate unrelated to his professional
activity or performance of his official duties;
f) activity promoting
formation of a positive or negative attitude of voters towards a candidate, an
electoral association, an electoral bloc of which the candidate is a member,
toward an electoral association, an electoral bloc which nominated the
candidate, candidates, list of candidates;
g) other actions which aim
at encouraging or are encouraging voters to vote for or against a candidate,
list of candidates or against all candidates, all lists of candidates.
3. Election campaigning,
referendum campaigning may be conducted:
a) on the channels of TV
and radio broadcasting organizations and in the print media;
b) by means of public
events (meetings with citizens, rallies, marches, demonstrations, public
debates and discussions);
c) by producing and
distributing printed, audio-visual and other propaganda materials;
d) by other methods which
are not prohibited by law.
4. A candidate, an
electoral association, an electoral bloc, a referendum initiative group may
select the contents, form and methods of their election campaigning at their
own discretion, conduct election campaigning and involve other persons therein
in the procedure established by law.
5. Election campaigning,
referendum campaigning expenditures shall be paid exclusively from relevant
electoral funds, referendum funds in accordance with the procedure established
by law. Campaigning in favor of a candidate, an electoral association,
electoral bloc, that is paid for from electoral funds of other candidates,
electoral associations, electoral blocs, shall be prohibited.
6. Persons who have not
attain to the age of 18 years as of voting day shall not be involved directly
or indirectly in election campaigning, referendum campaigning.
7. Election campaigning,
referendum campaigning shall not be conducted and any kind of propaganda
materials shall not be produced and distributed by:
a) federal bodies of state
power, bodies of state power of Russian Federation subjects, other state
bodies, bodies of local self-government;
b) persons who are in state
and municipal service, including military personnel, persons occupying state
offices of category A or elective municipal offices when they are discharging
their official duties and/or by taking advantage of their office and official
position;
c) military units, military
institutions and organizations;
d) charity and religious
organizations and organizations founded by them as well as representatives of
religious associations when they are performing rites and ceremonies;
e) commissions, voting
members of commissions;
f) foreign nationals, with
the exception of the case referred to in Clause 10, Article 4 of this Federal
Law, stateless persons, foreign legal entities;
g) members of the press
when they are engaged in their professional activities.
8. Persons who occupy state
offices of category A or elective municipal offices shall not conduct election
campaigning on the channels of TV and radio broadcasting organizations and in
the print media, save the case where these persons have been registered as
candidates.
9. Pictures of a natural
person, positive statements of a natural person about a candidate, an electoral
association, electoral bloc may be used in propaganda materials of candidates,
electoral associations, electoral blocs only with a written consent of the
natural person. A document confirming such consent shall be submitted to the
commission together with copies of propaganda materials to be submitted in
accordance with Clause 3, Article 54 of this Federal Law and, if the propaganda
material is to be broadcast by a TV and radio broadcasting organization or
published in a print media outlet, at the request of an election commission.
This restriction shall not apply to opinions quoted by candidates, electoral
associations, electoral blocs in their election campaigning if these opinions
have been expressed in public and published (made public), provided the date
(period of time) of the publication and name of the mass media outlet where
this opinion was published are indicated. References in propaganda materials to
a positive statement of a natural person, who is not allowed to conduct
election campaigning under this Federal Law, about a candidate, an electoral
association, electoral bloc, a public association comprised in an electoral
bloc shall be allowed only if this statement was published (made public) before
the official publication of the decision to call the election, and must
indicate the date (period of time) when this statement was published (made
public) and the name of the mass media outlet where it was made public.
10. A political party, if
such party, including a political party comprised in an electoral bloc, or an electoral
bloc nominated a candidate (a list of candidates) and then a relevant election
commission registered this candidate (list of candidates) not later than ten
days before voting day, shall publish its election program in accordance with a
relevant level of elections at least in one state print media outlet and in the
Internet. A political party comprised in an electoral bloc shall be entitled
not to publish its election program, if the electoral bloc publishes its
election program within the period indicated above. Such publication shall be
carried out with the use of either free space provided by the print media
outlet under this Federal Law or space paid for from the electoral fund of the
candidate, the electoral association, electoral bloc.
Article 49. Campaigning Period
1. A campaigning period
shall commence from the day of nomination of a candidate, list of candidates,
referendum initiative group and establishment of the relevant electoral fund,
referendum fund. A campaigning period shall end at 00.00 hours local time one
day before voting day.
2. Election campaigning,
referendum campaigning on the channels of TV and radio broadcasting
organizations and in the print media shall begin 30 days before voting day.
3. No election campaigning
shall be conducted on voting day and a day before.
4. Printed propaganda
materials (leaflets, posters, etc.), which were earlier displayed outside
polling stations and premises of commissions at a minimum distance of 50 meters
from the entrance thereto in the procedure established by the federal law,
shall remain in place on voting day.
5. In the event of a repeat
voting, the campaigning period shall be resumed on the day on which the
relevant commission sets the date of the repeat voting and end at 00.00 hours local
time one day before the repeat voting day.
Article 50. General Conditions of Election,
Referendum Campaigning on the Channels of TV and Radio Broadcasting
Organizations and in Print Media
1. State and municipal TV
and radio broadcasting organizations and editorial offices of state and
municipal print media outlets shall ensure equal conditions for election
campaigning for registered candidates, electoral associations, electoral blocs,
including presentation of their election programs to voters, and for the
referendum initiative group, equal conditions for campaigning on the referendum
questions in accordance with the procedure established by this Federal Law,
another law. Air time on channels of the said TV and radio broadcasting
organizations and space in print media shall be provided to registered
candidates, electoral associations, electoral blocs, the referendum initiative
group and other referendum participant groups for a charge, and, in cases and in
accordance with the procedure established by this Federal Law, another law,
free of charge as well (free air time, free space in print media).
2. Registered candidates,
electoral associations, electoral blocs shall not be entitled to use free air
time, free space in print media provided to them for campaigning in favor of
other registered candidates, other electoral associations, electoral blocs.
This shall not apply to campaigning by registered candidates nominated by an
electoral association, electoral bloc, or by an electoral association,
electoral bloc that nominated these candidates, in favor of candidates
nominated by the same electoral association, electoral bloc.
3. If more than one
election campaign, referendum campaign is conducted simultaneously on the same
territory, and the periods of campaigning on TV and radio channels and in print
media of such campaigns coincide, the total amount of free air time and free
space in print media shall not be increased without consent of the TV and radio
broadcasting organization, the editorial office of the print media outlet.
4. Non-state TV and radio
broadcasting organizations and editorial offices of non-state print media
outlets that were founded not later than a year before the commencement of the
election campaign, referendum campaign, and non-state TV and radio broadcasting
organizations and editorial offices of non-state print media that were founded
later than a year before the commencement of the election campaign, referendum
campaign by electoral associations, shall be entitled to provide their air
time, space in print media to registered candidates, electoral associations,
electoral blocs, the referendum initiative group, other groups of referendum
participants. Other non-state TV and radio broadcasting organizations and
editorial offices of non-state print media outlets shall not be entitled to
provide their air time, space in print media to registered candidates,
electoral associations, electoral blocs, the referendum initiative group, other
groups referendum participant.
5. The terms of payment for
the air time, space in print media provided by non-state TV and radio
broadcasting organizations and editorial offices of non-state print media
outlets shall be the same for all registered candidates, electoral
associations, electoral blocs, the referendum initiative groups, other
referendum participant groups. This requirement shall not apply to the
editorial offices of non-state print media founded by candidates, electoral
associations, citizens who are members of the referendum initiative group.
6. At an election,
information about the rates charged (in the Russian Federation currency) for
air time, space in print media and other terms of payment shall be published by
a relevant TV and radio broadcasting organization, editorial office of a print
media outlet not later than 30 days after the day of the official publication
of the decision to call the election, and submitted, within the same period, to
the election commission organizing the election or a lower commission specified
by law together with a notice of readiness to provide air time, space in print
media for election campaigning. At a referendum, such information shall be
published and provided to the relevant referendum commission by the TV and
radio broadcasting organization, editorial office of a print media outlet not
later than one day before the first campaigning material is published thereby.
7. Non-state TV and radio
broadcasting organizations, editorial offices of non-state print media outlets,
editorial offices of state print media outlets that publish new issues less
frequently than once a week, specialized TV and radio broadcasting
organizations and editorial offices of specialized print media outlets
(cultural, educational, children-oriented, technical, scientific, etc.), and at
an election of federal bodies of state power, bodies of state power of subjects
of the Russian Federation, at a referendum of the Russian Federation, a
referendum of a subject of the Russian Federation, as well as municipal TV and
radio broadcasting organizations and editorial offices of municipal print media
shall be entitled to refuse to provide air time, space in print media for
election campaigning, referendum campaigning. The failure to provide to the
relevant commission a notice referred to in Clause 6 of this article by the
time specified in the said Clause shall be regarded as such refusal.
8. Mass media organizations
shall maintain separate records of the amount and cost of the air time and
space in print media provided for election campaigning, referendum campaigning
in the format and in accordance with the procedure established by the relevant
commission.
9. Mass media organizations
shall keep the records of free and paid provision of air time and space in
print media referred to in Clause 8 of this article for at least three years
after voting day.
10. Costs of state and
municipal TV and radio broadcasting organizations and editorial offices of
state and municipal print media incurred in the provision of free air time and
free space in print media for election campaigning, referendum campaigning
shall be accounted for in the operational results of these organizations and
editorial offices.
11. Free and paid air time
on the channels of TV and radio broadcasting organizations and space in print
media shall be provided for election campaigning, referendum campaigning under
written contracts between a TV and radio broadcasting organization, the
editorial office of a print media outlet and candidates, electoral
associations, electoral blocs, representatives of the referendum initiative
group entered into before such air time, space in print media are provided.
12. If more than one
election campaign is conducted in the same territory at the same time, and the
periods of campaigning on TV and radio channels and in print media of such
campaigns are the same, a registered candidate nominated in more than one
election district for different elections shall be entitled to receive free air
time in state and municipal TV and radio broadcasting organizations and free
space in state and municipal print media in the amount that does not exceed the
amount to which he is entitled at the election of a higher (highest) level.
Article 51. Election Campaigning, Referendum
Campaigning on Television and Radio
1. Free air time on the
channels of state and municipal TV and radio broadcasting organizations shall
be provided to registered candidates, electoral associations, electoral blocs
on equal terms and conditions (the amount of the provided air time, the time of
airing, and other conditions). Free air time on the channels of state and
municipal TV and radio broadcasting organizations shall be provided on equal
terms and conditions after the official publication of the decision to call a
referendum only to the referendum initiative group and other group of
referendum participants that shall be formed by the leading bodies of public
associations (their structural divisions) referred to in Clause 2, Article 42
of this Federal Law, provided that the lists of candidates nominated by them
were included in the distribution of deputy seats in the State Duma of the
Federal Assembly of the Russian Federation and/or, in accordance with the level
of the referendum, in the legislative (representative) body of state power of a
subject of the Russian Federation, representative body of local
self-government.
2. National and regional
state TV and radio broadcasting organizations shall provide free air time to
registered candidates, electoral associations, electoral blocs for election
campaigning at elections of federal bodies of state power, and to the
initiative group for holding a referendum of the Russian Federation and other
groups of referendum participants referred to in Clause 1 of this article for
campaigning on the questions of the referendum of the Russian Federation.
Regional state TV and radio broadcasting organizations shall provide free air
time to registered candidates, electoral associations, electoral blocs for
election campaigning at elections of bodies of state power of subjects of the
Russian Federation, and to the initiative group for holding a referendum of the
subject of the Russian Federation and other referendum participant groups
referred to in Clause 1 of this article for campaigning on the questions of the
referendum of the subject of the Russian Federation. Municipal TV and radio
broadcasting organizations shall provide free air time to registered
candidates, electoral associations, electoral blocs for election campaigning at
elections of bodies of local self-government, and to the initiative group for
holding a local referendum and other referendum participant groups referred to
in Clause 1 of this article for campaigning on the questions of the local
referendum. Free air time so provided must be provided in prime time when the
television and radio audiences are the biggest, as determined by the relevant
TV and radio broadcasting organization.
3. The total amount of free
air time to be provided for election campaigning, referendum campaigning by
each national state TV and radio broadcasting organization on each of its
channels shall be not less than 60 minutes on working days. The total amount of
free air time to be provided for election campaigning, referendum campaigning
by each regional state TV and radio broadcasting organization on each of its
channels shall be not less than 30 minutes on working days and, if the total
broadcasting time of a TV and radio broadcasting organization is less than two
hours a day, not less than one-fourth of the total broadcasting time. If, as a
result of providing free air time, each registered candidate, each electoral
association, each electoral bloc that nominated a registered list of
candidates, each referendum initiative group or each other group of referendum
participants referred to in Clause 1 of this article gets more than 60 minutes
of free air time, the aggregate amount of free air time that each of the TV and
radio broadcasting organizations provides for campaigning shall be reduced to
total 60 minutes multiplied, respectively, by the number of registered
candidates, electoral associations, electoral blocs that nominated registered
lists of candidates, by the number of groups that have been granted the right
to campaign on the referendum questions.
4. Not less than a half of
the total amount of free air time shall be provided to registered candidates,
electoral associations, electoral blocs exclusively for joint debates,
"roundtables" and other joint campaigning events. This rule shall not
apply if each registered candidate receives less than five minutes of the total
amount of free air time. Registered candidates (including those on the lists of
candidates) may participate in joint campaigning event only in person, while representatives
of a registered candidate shall not participate in such joint campaigning event
save as otherwise provided by law. At a referendum, not less than a half of the
total amount of free air time shall be provided to the referendum initiative group,
other referendum participant groups referred to in Clause 1 of this article for
joint debates, "roundtables" and such other joint campaigning events.
5. A candidate, an
electoral association, electoral bloc, a referendum initiative group may refuse
to participate in a joint campaigning. In this case, the air time allocated for
this joint campaigning event shall not be reduced, save the case where as a
result of such refusal only one participant is able to participate in this
campaigning event. At his request, the participant shall be provided free air
time within his share calculated by dividing the air time made available for
the joint campaigning event by the total number of the planned participants in
this event. Refusal by a registered candidate, an electoral association,
electoral bloc, referendum initiative group from participation in a joint
campaigning event shall not increase the amount of free air time to which they
are entitled.
6. State and municipal TV
and radio broadcasting organizations shall reserve air time to be acquired on a
paid basis for election campaigning, referendum campaigning. The rates and the
terms of payment shall be the same for all registered candidates, electoral
associations, electoral blocs that nominated registered lists of candidates,
the referendum initiative group and other groups of referendum participants.
The total amount of air time to be reserved shall be equal to the established
total amount of free air time or exceed it but not more than by a factor of
two. A registered candidate, the said electoral association, electoral bloc,
the referendum initiative group, other groups of referendum participants shall
be entitled, for a charge, to a part of the total amount of reserved air time,
calculated by dividing this total amount by the total number of registered
candidates, the said electoral associations, electoral blocs, the number of
groups having the right to conduct referendum campaigning, respectively.
7. The provision of extra
free and paid air time on equal conditions to electoral associations, electoral
blocs that nominated registered candidates may be established by law.
8. Non-state TV and radio
broadcasting organizations that have satisfied the provisions of Clause 6,
Article 50 of this Federal Law, shall provide air time to registered
candidates, electoral associations, electoral blocs that nominated registered
lists of candidates, to the referendum initiative group, and other referendum
participant groups on equal conditions (in particular, in terms of the time of
airing).
9. Transmission of
propaganda materials on the channels of TV and radio broadcasting organizations
shall not be interrupted by transmission of other TV and radio programs, other
propaganda materials.
10. Any other terms and
conditions of election campaigning, referendum campaigning on television and
radio shall be regulated by law.
Article 52. Terms and Conditions of Election
Campaigning, Referendum Campaigning Through Print Media
1. Editorial offices of
state and municipal print media circulated on the territory on which an
election, a referendum is conducted and published at least once a week shall
provide space for propaganda materials provided by registered candidates,
electoral associations, electoral blocs, referendum initiative group, other
referendum participant groups. The minimum aggregate amount of such space, the
availability of free space in print media, the ratio between print space
provided by editorial offices free of charge and print space provided on a paid
basis shall be established by law.
2. The editorial offices of
state and municipal print media outlets published not less than once a week
shall reserve space to be acquired on a paid basis for election campaigning,
referendum campaigning. The rates and terms of payment shall be the same for
all registered candidates, electoral associations, electoral blocs, referendum
initiative group, other referendum participant groups. The total amount of
space thus reserved shall be established by law. A registered candidate, electoral
association, electoral bloc that nominated registered lists of candidates,
referendum initiative group, other referendum participant group shall be
entitled to paid space from the total amount of the reserved space within a
part thereof calculated by dividing the total amount by the total number of
registered candidates, the said electoral associations, electoral blocs, or by
dividing the total amount by the number of groups entitled to referendum
campaigning.
3. The provision of extra
paid and free space in print media to electoral associations, electoral blocs
that nominated registered candidates may be established by law.
4. Editorial offices of
non-state print media that satisfied the requirements of Clause 6, Article 50
of this Federal Law, shall be entitled to refuse to provide space in print
media for election campaigning, referendum campaigning.
5. Propaganda materials
published in accordance with this article shall not be accompanied by any forms
of editorial comment or by headlines and illustrations that are not agreed upon
with the relevant candidate, electoral association, electoral bloc, referendum
initiative group, another referendum participant group.
6. All propaganda materials
placed in print media shall carry information about the candidate, electoral
association, electoral bloc, group entitled to referendum campaigning from
whose electoral or referendum fund the given publication was paid for. If
propaganda materials were published free of charge, the publication shall
indicate this fact and name of the entity that placed such material. The
editorial office of a print media outlet shall bear the responsibility for the
compliance with this requirement.
7. The editorial offices of
print media which publish election propaganda materials, save the print media
founded by candidates, electoral associations, shall not give preference to any
candidate, electoral association, electoral bloc, referendum initiative group,
another referendum participant group by changing the circulation and publication
frequency of the print media.
8. Any other terms and
conditions of election campaigning, referendum campaigning in print media shall
be regulated by law.
Article 53. Conditions of Election Campaigning,
Referendum Campaigning by Means of Mass Events
1. State bodies and bodies
of local self-government shall assist registered candidates, electoral
associations, electoral blocs, referendum initiative group, other referendum
participant groups in organizing meetings with voters, referendum participants,
public debates and discussions, rallies, demonstrations and marches.
2. Applications for the
provision of premises to hold meetings of registered candidates and their
agents, representatives of electoral associations, electoral blocs with voters,
representatives of referendum initiative group and other referendum participant
groups with referendum participants shall be considered by state bodies and
bodies of local self-government within three days of the day of submission
thereof. Notifications of organizers of rallies, demonstrations and marches
shall be considered by bodies of local self-government within seven days of the
day when they are received, in accordance with the legislation of the Russian
Federation.
3. On the basis of an
application made by a registered candidate, electoral association, electoral
bloc, initiative group of voters, referendum initiative group, premises which
are suitable for holding mass events and are state- or municipality-owned shall
be made available by the owner, proprietor, free of charge and for a time to be
established by the commission that is vested with such responsibility by law,
to registered candidates, their agents, representatives of electoral
associations, electoral blocs for meetings with voters, representatives of the
referendum initiative group, other referendum participant groups with
referendum participants. Commissions shall ensure equal conditions in holding
mass events for registered candidates, electoral associations, electoral blocs,
referendum initiative group, other referendum participant groups.
4. If the premises
indicated in Clause 3 of this article or the premises owned by an organization
with a charter capital in which the state and/or municipality holds a stake
exceeding 30 percent as of the day of the official publication of the decision
to call the election or the referendum, were provided for holding an
election-relation mass event to one of the aforementioned persons, the owner,
proprietor of the premises shall not refuse to provide the premises to another
person out of the aforementioned persons on the same terms and conditions.
5. Candidates, electoral
associations, electoral blocs, a referendum initiative group, and other
referendum participant groups may rent, on a contractual basis, buildings and
premises belonging to citizens and organizations of all forms of ownership to
hold meetings with voters, referendum participants, rallies, public debates,
discussions and other mass events.
6. Election campaigning and
public speeches by registered candidates at an event funded, organized or
conducted for the public by bodies of state power, bodies of local
self-government, state or municipal enterprises or institutions shall be
allowed only provided that all registered candidates of this electoral district
were notified of such event and granted an opportunity to speak at this event.
7. No election campaigning,
referendum campaigning shall be allowed on the territory of military units, in
military organizations and institutions, save the case where the only building,
premises suitable for meetings with voters is/are located within the territory
of a military unit. Such building, premises shall be provided for campaigning
events by the commander of the military unit at the request of a relevant
commission. Meetings of registered candidates, their agents, representatives of
electoral associations, electoral blocs with voters who are military
servicemen, and meetings of representatives of a referendum initiative group
and other referendum participant groups with referendum participants who are
military servicemen shall be ensured by the commander of the military unit
together with the relevant commission, subject to a mandatory requirement that
all registered candidates or their agents, representatives of the referendum
initiative group and other referendum participant groups be notified of the
time and the place of such meeting not later than three days before the day of
the meeting.
8. Security at mass events
organized for the purposes of election campaigning, referendum campaigning
shall be ensured by the state bodies in accordance with the legislation of the
Russian Federation.
Article 54. Conditions for Production and
Distribution of Printed, Audio-Visual and Other Propaganda Materials
1. Candidates, electoral
associations, electoral blocs, a referendum initiative group, other referendum
participant groups shall be free to produce and distribute printed,
audio-visual and other propaganda materials in the procedure established by the
legislation of the Russian Federation.
2. All printed,
audio-visual and other propaganda materials, with the exception of the
materials distributed pursuant to Articles 51 and 52 of this Federal Law, shall
indicate the name and legal address of the organization (the surname, first
name and patronymic of the person and the name of the Russian Federation
subject, raion, city, other populated center where the person's place of
residence is located) that produced the material, the name of the organization
(the surname, first name and patronymic of the person) that placed an order for
the material, information about the number of copies printed and the date of
publication.
3. Prior to their
distribution, printed, audio-visual and other propaganda materials or their
copies, photos of other propaganda materials shall be submitted to a relevant
election commission, referendum commission by the candidate, electoral
association, electoral bloc, referendum initiative group or another referendum
participant group. Along with the aforementioned materials the relevant
commission shall be furnished information concerning the location (place of
residence) of the organization (person) that produced and ordered these
materials.
4. Propaganda materials
shall not contain commercial advertisements.
5. Propaganda materials
shall not be produced without prepayment made from a relevant electoral fund,
referendum fund or in violation of the requirements set forth in Clauses 2 and
4 of this article.
6. Distribution of propaganda
materials in violation of the requirements set forth in Clause 3 of this
article and Clause 9, Article 48 of this Federal Law shall not be allowed.
7. On the recommendation of
the relevant commission, bodies of local self-government shall designate
special places for displaying printed propaganda materials on the territory of
each electoral precinct, referendum precinct. Such places shall be convenient
for voters, referendum participants to visit and shall be arranged so that
voters, referendum participants could examine the displayed information. The
area of such designated places must be sufficient to display the information
materials of commissions and propaganda materials of registered candidates,
electoral associations, electoral blocs, referendum initiative group, other
referendum participant groups. Registered candidates, electoral associations,
electoral blocs, a referendum initiative group, other referendum participant
groups shall be allocated equal areas for displaying their printed propaganda
materials. A list of such places shall be communicated by commissions that
proposed these places to candidates, electoral associations, electoral blocs,
referendum initiative group, other referendum participant groups.
8. Printed propaganda
materials may be displayed (posted, placed) inside premises, on buildings,
structures, and other objects (with the exception of places specified in Clause
7 of this article) only with consent of and on conditions stated by the owners,
proprietors of such objects. Placement of propaganda materials on an object
that is state or municipal property or property of an organization that is more
than 30 percent owned by the state or a municipality on the day of official
publication of the decision to call the election, register a referendum
initiative group shall be governed by a set of conditions equally applicable to
all candidates, electoral associations, electoral blocs, referendum initiative
group and other referendum participant groups. No fee shall be charged for placement
of propaganda materials on an object that is state- or municipally owned
property.
9. Organizations providing
advertising services shall ensure that candidates, electoral associations,
electoral blocs, a referendum initiative group, other referendum participant
groups are offered the same conditions for placement of propaganda materials.
10. Propaganda materials
shall not be placed (posted, displayed) on monuments, obelisks, buildings,
structures and premises which have a historical, cultural or architectural
value, inside the buildings and premises of commissions and at polling stations
or at a distance less than 50 meters from the entrance thereto.
Article 55. Guarantees of the Right of
Referendum Participants to Timely Inspection of Text of Draft Law, Another
Regulatory Act Submitted to Referendum
If a draft law, another
regulatory act is submitted to a referendum, each referendum participant shall
be entitled to receive, not later than 30 days before voting day, the text of
such draft law at the territorial commission (municipality election
commission). The responsibility for printing and distribution of copies of such
text shall be borne by the referendum initiative group, unless otherwise
provided by law. Payment for the printing of the said text shall be made out of
the relevant referendum fund, unless otherwise provided by law.
Article 56. Inadmissibility of Misuse of the
Right to Election Campaigning, Referendum Campaigning
1. Misuse of the freedom of
mass information in election campaigning, referendum campaigning shall not be
allowed. Election programs of candidates, electoral associations, electoral
blocs, speeches of candidates or their agents, representatives of electoral
associations, electoral blocs, referendum initiative group, other referendum
participant groups, other propaganda materials shall not contain calls for
forcible seizure of power, violent change of the constitutional system and
violation of the integrity of the Russian Federation, warmongering. Propaganda
exciting social, racial, ethnic, religious hatred or enmity, misuse of the
freedom of mass information in other forms defined by the legislation of the
Russian Federation shall be prohibited. Propaganda shall not be regarded as
fomenting social discord if it is aimed at the defense of the ideas of social
justice.
2. Candidates, electoral
associations, electoral blocs, their authorized representatives, referendum
initiative group, other referendum participant groups and their authorized
representatives as well as other persons and organizations involved in election
campaigning, referendum campaigning shall not bribe voters, referendum
participants: they shall not give them money, gifts and other things of value
otherwise than for the performance of organizational work (collection of
signatures of voters, referendum participants, campaigning activities);
remunerate voters, who perform the said organizational work, depending on the
vote returns or promise such remuneration; sell goods at reduced prices;
distribute free of charge any goods other than printed materials (including
illustrated booklets) and badges specially produced for the election campaign,
referendum campaign; render services free of charge or at reduced rates, or
influence voters by promises of money, securities, other things of value (in
particular, depending on the vote returns) or by rendering services other than
on the basis of decisions of bodies of state power or local self-government
taken in accordance with the law.
3. In the period of an
election campaign, referendum campaign, the election, the referendum and their
results shall not be an object of lotteries, totalizators (pari mutiel), and
other risk-based games.
4. In the course of an
election campaign, a referendum campaign, any commercial advertising or
advertising of any activity of candidates, electoral associations, their agents
and authorized representatives, public associations comprised in electoral
blocs, authorized representatives of electoral blocs, members and authorized
representatives of the referendum initiative group or other referendum
participant groups that is not related to the election, referendum, or any
advertising involving the use of names or images of the above persons, payment
for advertisements by organizations of which the above persons or entities are
founders, owners, proprietors and/or members of their leading bodies shall be
paid for only from the relevant electoral fund, referendum fund. Publication of
such advertisements shall not be allowed on voting day and on the day preceding
voting day.
5. Candidates, electoral
associations, electoral blocs which nominated candidates, their authorized
representatives and agents, public associations comprised in electoral blocs
that carried out relevant nominations or registrations, members or authorized
representatives of a referendum initiative group or other referendum
participant groups, as well as organizations registered after the commencement
of an election campaign, which have been founded, are owned or possessed by
such natural persons and organizations and/or in which such natural persons or
organizations are members of their leading bodies shall not engage in any
charity activities in the course of the election campaign, the referendum
campaign. In the course of an election campaign, a referendum campaign, other
natural persons and legal entities shall not engage in any charity activities
at the request, on the instructions or on behalf of candidates, electoral
associations, electoral blocs, their agents or authorized representatives,
public associations comprised in electoral blocs, members or authorized
representatives of a referendum initiative group, other referendum participant
groups, and shall not conduct election campaigning, referendum campaigning
simultaneously with the pursuance of charity activities. Such candidates,
electoral associations, electoral blocs, their agents or authorized
representatives, public associations comprised in electoral blocs, members or
authorized representatives of a referendum initiative group, other referendum
participant groups shall be prohibited from asking other natural persons or
legal entities to render material (in-kind) or financial assistance or services
to voters, referendum participants or organizations located on the territory of
a relevant electoral district, referendum territory.
6. Mass media organizations
shall not make public (publish) propaganda and informational materials
(including such materials that contain true information) which may damage the
honor, dignity or business reputation of a candidate, if these organizations
cannot provide a possibility to the candidate to make public (publish) a denial
or some other explanation in defense of his honor, dignity or business
reputation before the end of the campaigning period. When a possibility is
provided to the candidate to publish (make public) free of charge a denial or
some other explanation in defense of his honor, dignity or business reputation,
the air time shall be provided at the same time of the day at which the original
information was made public, and the amount of this air time shall not be less
than the amount of air time provided for presentation of the original
information and, in any case, not less than two minutes, and if space in print
media is provided, such denial shall be printed in the same type, in the same
place on the page and shall be allocated space not less than the space taken up
by the original compromising text. The failure to provide such possibility to a
candidate before the end of the campaigning period shall constitute grounds for
bringing such mass media organizations and their officials to responsibility
under the legislation of the Russian Federation. The rules established by this
clause shall not apply to the editorial offices of non-state print media
outlets founded by candidates, electoral associations.
7. Commissions shall
oversee compliance with the established procedure for conducting election
campaigning, referendum campaigning.
8. Should a TV and radio
broadcasting organization, the editorial office of a print media outlet violate
the election campaigning, referendum campaigning rules laid down by this
Federal Law, a relevant election commission may apply to law enforcement
authorities, courts, bodies of executive power which implement the state policy
vis-ŕ-vis the mass media for stopping the unlawful propaganda activities and
bringing the TV and radio broadcasting organization, editorial office of the
print media outlet, their officials to responsibility under the legislation of the
Russian Federation.
9. Law enforcement and
other authorities shall take measures to stop unlawful propaganda activities,
prevent production of and seize false and unlawful printed, audio-visual and
other propaganda materials, identify the producers of such materials and the
source from which they are paid for and promptly inform a relevant election
commission, referendum commission about the facts established and measures
taken.
Chapter VIII. Funding of Elections
and Referendums
Article 57. Funding of the Preparation and
Conduct of Election or Referendum
1. Costs related to the
preparation and conduct of an election of a relevant level in the Russian
Federation, operation and improvement of means of automation, training of
election officials and voter education shall be paid by election commissions
from the funds allocated for these purposes from an appropriate budget (the
federal budget, the budget of a subject of the Russian Federation and/or the
local budget).
2. Costs related to the
conduct of a referendum of the Russian Federation shall be paid out of the
funds allocated from the federal budget for such purpose. Costs related to the
conduct of other referendums shall be paid out of the funds allocated,
respectively, from the budget of a subject of the Russian Federation, the local
budget for such purpose. Before the decision to call a referendum is officially
published, the funds allocated to commissions from the federal budget, the
budget of a subject of the Russian Federation, the local budget respectively
may only be used to cover the commissions’ expenditures related to the
verification of signatures collected in support of the referendum initiative.
3. Allocations for the
preparation and conduct of elections and referendums shall constitute a
separate entry in the respective budget for the relevant fiscal year. The
commissions organizing elections and referendums that receive funds within ten
days from the day of official publication of the decision to call (hold) an
election, a referendum shall be primarily if charge of managing and disposing
of the funds allocated by respective budgets for the conduct of elections and
referendums.
4. If the respective budget
provides no funding for an election, a referendum, or if the transfer of funds
to the commissions organizing an election, a referendum is delayed, the
preparation and conduct of such election, referendum shall rely on bank loans
to be granted on a competitive basis to such commission or the election
commission of a subject of the Russian Federation if the election commission
organizing an election of bodies of local self-government, a local referendum
is not a legal entity. In such case, the maximum amount of expenditures shall
not exceed the sum contained in the report of the election commission,
referendum commission of the respective level on expenditure of funds in the
preparation and conduct of the similar previous election, referendum, with due
regard to the change in the size of the minimum monthly wage established by the
federal law. The Government of the Russian Federation, the relevant executive
body of state power of a subject of the Russian Federation, the authorized body
of local self-government shall, within ten days of the day of the application
made by the relevant commission, issue to this commission a state or municipal
guarantee for return of the borrowed funds, including interest thereon.
5. Such borrowed funds and
interest thereon shall be repaid, depending on the level of the election, the
referendum from the federal budget, the budget of the subject of the Russian
Federation, the local budget. Funds allocated for such debt repayment shall be
specifically approved by a law or another regulatory act concerning the
respective budget for the relevant year.
6. Reports of the Central
Election Commission of the Russian Federation, the election commissions of
subjects of the Russian Federation, municipality election commissions on
spending the budgetary funds on an election, a referendum shall be submitted, respectively,
to the houses of the Federal Assembly of the Russian Federation, legislative
(representative) bodies of state power of subjects of the Russian Federation,
representative bodies of local self-government. Chairmen of commissions shall
manage the funds allocated for the preparation and conduct of an election,
referendum and be responsible, in accordance with the law, for compliance of
financial documents with financial decisions of the commissions and for filing
statements on expenditure of such funds in accordance with the procedure and by
the time established by law.
7. The procedure for
establishment and maintenance of accounts, records, reports, and the procedure
for transfer of funds allocated from the federal budget of the Central Election
Commission of the Russian Federation to other commissions for the preparation
and conduct of elections of federal bodies of state power, referendums of the
Russian Federation, operation and improvement of means of automation, training
of election officials and education of voters, and supporting the operation of
election commissions shall be established by the Central Election Commission of
the Russian Federation with the concurrence of the Central Bank of the Russian
Federation. The procedure for establishment and maintenance of accounts,
records, reports, and the procedure for transferring funds allocated from the
budget of a subject of the Russian Federation, a local budget to the election
commission of the subject of the Russian Federation, other commissions for the
preparation and conduct of elections of bodies of state power of the subject of
the Russian Federation, to bodies of local self-government, referendums of the
subject of the Russian Federation, local referendums, operation and improvement
of means of automation, training of election officials and education of voters,
and supporting the work of election commissions shall be established by the
election commission of the subject of the Russian Federation with concurrence
of the main office (the national bank) of the Central Bank of the Russian
Federation in the subject of the Russian Federation.
8. Banks shall charge no
fee for opening accounts of election commissions, referendum commissions and
for transactions on these accounts and no interest shall accrue on the funds
kept in the said bank accounts.
9. Commissions that receive
funds from budgets of different levels shall maintain separate accounting
records and reports for funds received from the said budgets.
Article 58. Procedure for Establishment of
Electoral Funds, Referendum Funds
1. Candidates shall
establish their own electoral funds for funding their election campaigns in the
period between service of written notice of their nomination (self-nomination)
on the relevant election commission and their registration by this election
commission. The law of a subject of the Russian Federation may establish that,
at elections of bodies of local self-government with a certain number of voters
in the electoral district (that shall not exceed five thousand), a candidate
need not establish an electoral fund, provided that the candidate does not fund
his election campaign. In this case, the candidate shall notify the relevant
election commission of the said circumstances. Electoral associations, electoral
blocs that nominated lists of candidates shall, for the purpose of funding
their election campaigns, establish electoral funds after their authorized
representatives, including authorized representatives for financial matters,
are registered by relevant election commissions.
2. A referendum initiative
group shall establish its own fund for funding its activities related to
advancement of the referendum initiative, organization of the collection of
signatures in support of such initiative, and activities aimed at obtaining a
certain result at the referendum. The law of a subject of the Russian
Federation may establish that, when an initiative to hold a local referendum
with a certain number of referendum participants on the territory of the
relevant municipality (that shall not exceed five thousand), the referendum
initiative group need not establish a referendum fund, provided that the group
does not fund the preparation and conduct of the referendum. The maximum limit
of expenditures from a referendum fund, sources of its formation, and the
maximum limit of donations and contributions to the referendum fund shall be
established by law. The law of a subject of the Russian Federation that
regulates the preparation and conduct of referendums shall provide for the
possibility of establishing referendum funds by other referendum participant
groups, including funds for propaganda against holding a referendum,
participation in a referendum, against questions submitted for a referendum.
The said funds shall be governed by the rules established by this Federal Law
for a referendum fund established by the referendum initiative group.
3. Candidates shall be
entitled to, and electoral associations, electoral blocs, an referendum
initiative group must appoint authorized representatives for financial matters.
Registration of authorized representatives for financial matters shall be
effected by commissions in the procedure established by law.
4. Candidates standing for
election only on a list of candidates nominated by an electoral association,
electoral bloc shall not be entitled to establish their own electoral funds.
5. Electoral funds of
candidates, electoral associations, electoral blocs may be formed only from the
following sources:
a) the own money of a
candidate, electoral association, electoral bloc;
b) sums allocated to a
candidate by the electoral association, electoral bloc that nominated him ;
c) voluntary donations of
citizens;
d) voluntary donations of
legal entities;
e) funds allocated to a
candidate, electoral association, electoral bloc by the relevant election
commission in cases established by law.
6. No donations to
electoral funds of candidates, registered candidates, electoral associations,
electoral blocs, to referendum funds shall be allowed from:
а) foreign states and
foreign legal entities;
b) foreign nationals, save
the case referred to in Clause 10, Article 4 of this Federal Law;
c) stateless persons;
d) citizens of the Russian
Federation who have not attained to the age of 18 years on voting day;
e) Russian legal entities
with foreign participation if the foreign stake in their charter capital
exceeds 30 percent as of the day of the official publication of the decision to
call the election, referendum (for open joint-stock companies - as of the date
of the list of shareholders for the previous year);
f) international
organizations and international public movements;
g) bodies of state power
and local self-government;
h) state and municipal
institutions and organizations;
i) legal entities with a
charter capital where the state or a municipality has a stake exceeding 30 per
cent as of the day of the official publication of the decision to call the
election, referendum;
j) organizations
established by state and municipal bodies and by organizations indicated in
Sub-clauses e) and j) of this Clause;
k) military units, military
institutions and organizations and law enforcement authorities;
l) charity organizations
and religious associations as well as organizations established by them;
m) anonymous donors
(regarded as an anonymous donor shall be a citizen who has not indicated or
indicated incorrectly any of the following data: the surname, first name and
patronymic, the address of the place of residence; a legal entity which has not
indicated or indicated incorrectly any of the following data: the taxpayer's
identification number, the name, the bank details);
n) legal entities
registered less than a year before voting day of the election, referendum.
7. When making a donation,
a citizen shall indicate in the payment document the following personal data:
surname, first name, patronymic, date of birth, address of his place of
residence, series and number of passport or equivalent identity document,
citizenship.
8. When making a donation,
a legal entity shall indicate in the payment document the following data: the
taxpayer's identification number, the name, date of registration, the bank
details, absence or presence of a foreign stake in the charter capital and the
size of such stake, absence of state or municipal bodies or legal entities
referred to in Sub-clauses e) and j) of Clause 6 of this article among the
founders.
9. Donations referred to in
Clause 6 of this article, donations made in violation of the requirements of
Clauses 7 and 8 of this article, or that part of a donation which is in excess
of the amount established by law shall be returned to the donors, and donations
made by anonymous donors shall be remitted to the relevant budgets.
10. Maximum limits for sums
that may be transferred to electoral funds, including own money of a candidate,
an electoral association, electoral bloc, money allocated to a candidate by the
electoral association, electoral bloc that nominated him, voluntary donations
by citizens and legal entities, as well as the maximum limits for expenditures
out of electoral funds shall be established by law. Such maximum limits for
expenditures out of electoral funds may be increased by up to 20 percent for
electoral funds of registered candidates included in the ballot for a repeat
voting. A candidate who is simultaneously nominated in more than one electoral
district at different elections, if such elections are conducted on the same
territory or on territories one of which is located within the other, shall
establish electoral funds in accordance with Clause 1 of this article, however,
the maximum aggregate limit of expenditure from the funds shall be calculated
by the greatest of the above limits.
11. All sums of an
electoral fund, a referendum fund shall be transferred to a specialized
electoral account, referendum account that is established, with the consent of
the relevant commission, by the candidate or his authorized representative for
financial matters, authorized representative for financial matters of an electoral
association, electoral bloc, referendum initiative group at a branch of the
Savings Bank of the Russian Federation, and, in the absence of such branches,
at other credit institutions located on the territory of the electoral
district, referendum territory. In the absence of any credit institutions on
the territory of the electoral district, referendum territory a candidate, an
electoral association, electoral bloc, referendum initiative group shall, with
the concurrence of the relevant commission, choose a credit institution at
which a special electoral account, a special referendum account is to be
established.
12. At elections of federal
bodies of state power, referendums of the Russian Federation, the procedure for
establishment and maintenance of the said accounts, keeping records of
electoral funds, referendum funds, and reporting of such funds shall be
established by the Central Election Commission of the Russian Federation with
the concurrence of the Central Bank of the Russian Federation. At elections of
bodies of state power of subjects of the Russian Federation, and to bodies of
local self-government, a referendum of a subject of the Russian Federation, a
local referendum, the procedure for establishment and maintenance of the said
accounts, keeping records of electoral funds, referendum funds, and reporting
of such funds shall be established by the relevant election commission of the
subject of the Russian Federation with the concurrence of the main office (the
national bank) of the Central Bank of the Russian Federation in the subject of
the Russian Federation.
Article 59. Procedure for Spending Electoral
Funds, Referendum Funds
1. The authority to manage
electoral funds, referendum funds shall be vested in the candidates, electoral
associations, electoral blocs, referendum initiative groups, other referendum
participant group that established these funds.
2. Electoral funds,
referendum funds shall be intended for particular purposes. Electoral funds may
be used by candidates, electoral associations, electoral blocs only to cover
expenses related to their election campaigns. Referendum funds may be used by
the referendum initiative group only for activities aimed at advancing a
referendum initiative, collection of signatures in support of this initiative,
and obtaining a certain result at the referendum, other referendum participant
groups may use the funds only for activities aimed at obtaining a certain
result at the referendum.
3. Electoral funds,
referendum funds may be used for:
a) financial support to
organizational-technical measures aimed at collecting signatures of voters,
referendum participants in support of the nomination of a candidate, list of
candidates, referendum initiative, to include compensation of persons engaged
to collect signatures of voters, referendum participants;
b) election campaigning,
referendum campaigning, and payment for information and consultancy work
(services);
c) payment for other work
(services) performed by citizens or legal entities, and payment of other
expenses directly related to the conduct of their election campaigns by
candidates, electoral associations, electoral blocs, to the activity of the
referendum initiative group aimed at advancing a referendum initiative,
collecting signatures in support of this initiative, and obtaining a certain
result at the referendum, to the activity of other referendum initiative groups
aimed at obtaining a certain result at the referendum;
d) payment of an electoral
deposit.
4. Contracts (agreements)
with citizens and legal entities for performance of certain work (services)
related to the election campaign of a candidate, electoral association,
electoral bloc, to a referendum campaign, shall be entered into personally by
the candidate or his authorized representative for financial matters, an
authorized representative for financial matters of an electoral association,
electoral bloc, the referendum initiative group, other referendum participant
groups. Settlements for performance of such work (services) between a candidate,
electoral association, electoral bloc, referendum initiative group, another
referendum participant group and legal entities shall be effected only on a
non-cash basis.
5. Citizens and legal
entities shall be entitled to provide financial (monetary) support to a
candidate, electoral association, electoral bloc, referendum initiative group
only through electoral funds, referendum funds. It shall be prohibited, without
a written consent of a candidate or his authorized representative for financial
matters, an authorized representative for financial matters of an electoral
association, electoral bloc, referendum initiative group, and without payment
out of the relevant electoral fund, referendum fund, to perform paid work, sell
goods, render paid services that are directly or indirectly related to an
election, a referendum or aimed at obtaining certain results at an election, at
advancing a referendum initiative, obtaining a certain result at a referendum.
Legal entities, their subsidiaries, branches, representation offices, and other
divisions shall be prohibited from performing free of charge, or at
unreasonably low rates, any work, services, sell goods that are directly or
indirectly related to the election, referendum or are aimed at obtaining a certain
result at the election, at advancing a referendum initiative, obtaining a
certain result at the referendum. A citizen may voluntarily and personally
perform work, services in relation to the preparation and conduct of an
election, referendum without engaging any third parties.
6. Candidates, electoral
associations, electoral blocs, referendum initiative groups shall be prohibited
from using any funds other than their electoral funds, referendum funds for
payment for work related to the collection of signatures of voters, referendum
participants, election campaigning, referendum campaigning, any other
activities aimed at obtaining a certain results at an election, a referendum.
7. The credit institution
that is a holder of a special electoral account, a special referendum account
shall, at the request of the relevant commission, candidate, electoral
association, electoral bloc, referendum initiative group, periodically provide
them with information about receipt of funds on and withdrawal of funds from the
electoral account of this candidate, electoral association, electoral bloc, the
special referendum account of this referendum initiative group. At the request
of the relevant commission and in relation to the relevant electoral fund,
referendum fund and at the request of the candidate, electoral association,
electoral bloc, referendum initiative group the credit institution that is a
holder of a special electoral account, a special referendum account shall,
within three days or if the request is submitted three days prior to voting day
- immediately, issue certified copies of initial financial documents evidencing
receipt and spending of electoral funds, referendum funds.
8. Before voting day at an
election, referendum, the relevant election commission shall periodically send
the information about receipt and spending of electoral funds, referendum funds
to mass media for publication. Editorial offices of state and municipal print
media outlets, in accordance with the level of the election, referendum shall
publish the said information provided to them by commissions for publication
within three days of receipt of such information. The scope of information that
is required to be published shall be established by law.
9. A candidate, an
electoral association, electoral bloc, a referendum initiative group shall
present to the relevant commission at least two financial reports (one report
not later than 10 days before voting day of the election, referendum, and the
final report not later than 30 days after the publication of the results of the
election, the referendum) indicating the size of their electoral fund,
referendum fund, all sources from which it was formed, and all expenses that
have been paid from it. The final financial report shall be presented together
with initial financial documents evidencing receipt and spending of the
electoral fund, referendum fund. Copies of the said reports shall be issued by
the commissions to mass media not later than five days from the day of their
receipt.
10. It may be required by
law that an electoral association, electoral bloc that registered a list of
candidates which was not included in the distribution of deputy seats and
received less votes of the total vote at the election than required by such
law, reimburse mass media organizations for the expenses incurred by such
organizations to ensure the right of this electoral association, electoral bloc
to free air time and free space in print media for election campaigning. The
said number of votes shall not exceed two percent of the total vote.
11. Candidates, electoral
associations, electoral blocs, referendum initiative groups shall remit any
unspent funds remaining in the special electoral account, referendum account
after voting day to citizens and legal entities that made donations to their
electoral funds, referendum funds in proportion to the donations. After the
expiration of the period of thirty days from voting day, the credit institution
shall dispose of the balance of unspent funds in the special electoral account,
referendum account in the following manner: without further authorization and
at the written instruction of the relevant commission, it shall remit to the
commission the funds due to it, and transfer the remainder of the funds to the
relevant budget.
12. The procedure for
taxation of electoral funds, referendum funds, voluntary donations and
transfers to the said funds, and spending of the said funds shall be
established by the federal laws.
13. Commissions shall
exercise control over formation and spending of electoral funds, referendum
funds. State bodies and authorized bodies and organizations in charge of
registration of legal entities shall, at the request of commissions, verify,
within five days, the accuracy of the information provided by legal entities
that donated funds to electoral funds, referendum funds and notify the relevant
commissions of the results of such verification.
Article 60. Supervisory and Auditing Services
1. For the purposes of
supervision over proper spending of funds allocated to commissions for the
preparation and conduct of an election, a referendum, and over sources, proper
accounting, and use of electoral funds, referendum funds, for auditing of
financial documents of candidates, electoral associations, electoral blocs,
referendum initiative groups, for verification of information provided by
candidates under Clause, Article 33 of this Federal Law about their property,
income and sources thereof, for supervision over the return of budgetary funds
allocated by relevant election commissions to electoral funds of candidates,
electoral associations, electoral blocs, supervisory and auditing services
shall be established.
2. Supervisory and auditing
services shall be established under the Central Election Commission of the
Russian Federation, the election commissions of subjects of the Russian
Federation, district election commissions for elections of federal bodies of
state power, and in cases established by law, and under other commissions
managers and experts from state and other bodies and institutions, including
the Central Bank of the Russian Federation, the Savings Bank of the Russian
Federation, main offices (national banks) of the Central Bank of the Russian
Federation in subjects of the Russian Federation may be retained. The said
bodies and institutions, at the request of the relevant election commission and
not later than one month after the publication of the decision on calling
(holding) an election, a referendum, shall send their specialists to and put
them at the disposal of the commissions. In this case, specialists shall be
assigned to the Central Election Commission of the Russian Federation, the
election commission of a subject of the Russian Federation for periods of at
least five months, and to district election commissions, for periods of at
least three months.
3. For the periods of their
work in supervisory and auditing services, specialists referred to in Clause 2
of this article shall be relieved from their main work and retain their jobs,
salaries, and other benefits at their main place of work, and they may receive
additional compensations out of the funds allocated for the preparation and
conduct of elections and referendums.
Chapter IX. Guarantees of Citizens’ Rights in Organization and Conduct
of Voting, Counting of Votes at Elections and Referendums, Establishment of
Results of Elections, Referendums and Their Publication
1. A polling station shall
be made available to a precinct commission free of charge by the head of the
relevant municipality (if the charter of a municipality does not provide for
the office of the head of municipality, by a person authorized to do so by the
representative body of local self-government), and in cases established by this
Federal Law, another federal law, by the commanding officer of a military unit,
the captain of a ship, the head of a polar station, the head of a diplomatic or
consular mission of the Russian Federation.
2. A polling station shall
have a hall with booths or other special places for secret voting, provided
with a lighting system and writing utensils other than pencils.
3. Inside or directly in
front of the polling station a precinct election commission shall set up a
notice-board for displaying the following information about all candidates,
lists of candidates, electoral associations, electoral blocs included in the
ballot:
а) biographical
information about the candidates in the scope established by the commission
organizing the election but not less than the scope of biographical information
indicated in the ballot;
b) if a candidate, a list
of candidates were nominated by an electoral association, electoral bloc, the
words "Nominated by the electoral association, electoral bloc"
specifying the name of the electoral association, electoral bloc that nominated
the candidate, list of candidates;
c) if the candidate is
self-nominated, the words "Independent candidate;"
d) information about
grounds for registration of candidates, lists of candidates (voter signatures,
electoral deposit, other grounds), and in cases specified in Clause 16, Article
38 of this Federal Law, such information is not required to be stated;
e) information about
personal income and properties of candidates in the scope established by the
election commission organizing the election;
f) information (if any)
about the inaccuracy of the data submitted by candidates referred to in Clause
2 and 3, Article 33 of this Federal Law (if such information is available).
4. If a registered
candidate, including candidates on the lists of candidates, has a conviction
that has not been cancelled or annulled, the notice-board shall display
information about the candidate’s convictions.
5. If a registered
candidate, including candidates on the lists of candidates, has citizenship of
a foreign state, this fact and the name of the relevant foreign state, shall be
included in the information displayed on the notice-board.
6. At a referendum, the
notice-board shall carry informational materials on referendum questions,
including the text of the regulatory act submitted to the referendum.
7. Materials placed on the
notice-board shall not contain elements of election propaganda, referendum
propaganda.
8. The notice-board shall
carry samples of marked ballots that must not contain the names of candidates
registered in this electoral district, names of electoral associations,
electoral blocs participating in this election, samples of ballots for voting
at the referendum that must show all options for marking the ballot (ballots).
9. At the polling station,
there shall be an enlarged form of the protocol of vote returns where vote
returns shall be entered as they are established. Such enlarged form of the
protocol of vote returns shall be posted before the commencement of voting so
that it is within the field of vision of members of a precinct election
commission, observers, at a distance at which they can read the information
contained therein.
10. Inside the polling
station there shall be stationary ballot boxes. The functions of stationary
ballot boxes may be performed by vote-counting machines, including programmed
technical complexes for processing of ballots.
11. The polling station
shall be fitted out so that the places where ballots are issued, places for
secret voting, and ballot boxes, technical equipment for vote counting remains
in the field of vision of members of the precinct commission and the observers.
Article 62. Absentee Certificate
In cases and in the
procedure established by law, a voter, a referendum participant who is unable,
on voting day, to come to the polling station of an electoral precinct,
referendum precinct where he is included in the voters list, referendum
participants list may receive an absentee certificate from a relevant
commission and take part in the voting in that electoral precinct, referendum
precinct where he will be on voting day within the boundaries of the electoral
district, referendum territory where the given voter, referendum participant is
entitled to an active electoral right, the right to participate in a
referendum. Absentee certificates shall be documents subject to strict
accountability.
1. In order to participate
in an election, a referendum, a voter, referendum participant shall be issued a
ballot.
2. Ballots shall be
produced on the instruction of the relevant commission and shall be documents
subject to strict accountability. Numbering of ballots shall not be allowed.
The quantity of produced ballots shall not exceed the number of registered
voters, referendum participants by more than three percent.
3. Ballots shall be
produced:
а) for elections of
federal bodies of state power, bodies of state power of a subject of the
Russian Federation:
with the use of special
paper (paper with water marks or colored paper) or special paint;
with a micro-inscription or
a protective grid printed thereon at a printing house;
b) for elections of bodies
of local self-government (save elections of representative bodies of local
self-government in electoral districts where the number of voters is five
thousand or less):
with the use of colored
paper or special paint or with a colored background applied by a print shop;
with a micro-inscription or
a protective grid printed thereon at a print shop;
4. The form and the text of
the ballot, the quantity of ballots, and the procedure for supervision over
their production shall be approved by the relevant commissions not later than
25 days before voting day. The text shall be printed only on one side of the
ballot. In the event of a repeat voting, the text of the ballot, the quantity
of ballots shall be approved by the relevant commission at the time it takes
the decision to hold the repeat voting.
5. For voting on candidates,
surnames of registered candidates shall be arranged in the ballot in the
alphabetical order, and the ballot shall contain the following information
about each registered candidate:
а) surname, first
name, patronymic;
b) year of birth;
c) place of residence (name
of a Russian Federation subject, raion, city, other populated center);
d) main place of work or
service, official position (occupation, if there is no main place of work or
service);
e) if a candidate is a
deputy and exercises his powers on a non-permanent basis, this fact and the
name of the representative body;
f) if a candidate was
nominated by a political party, electoral bloc, the words "Nominated by
the political party (electoral bloc)" and the abbreviated name of the
political party, electoral bloc;
g) if a candidate is a
self-nominated candidate, the words "Independent candidate;"
h) information about the
grounds for registration (voter signatures, electoral deposit, other grounds),
while this information shall not be indicated in the case provided by Clause
16, Article 38 of this Federal Law.
If a registered candidate
indicated his membership in some public association in accordance with Clause
2, Article 33 of this Federal Law, the ballot shall also indicate the
abbreviated name of this public association and the status of the registered
candidate in this public association.
If a registered candidate
is also nominated on a list of candidates registered by the relevant election
commission, this fact shall be indicated on the ballot.
6. For voting on lists of
candidates, the ballot shall contain abbreviated names of electoral
associations, electoral blocs arranged in an order determined as a result of
lot-drawing, and also surnames, first names, patronymics of at least first
three candidates from the list and/or its respective regional part, and
black-and-white emblems of electoral associations, electoral blocs.
7. If a registered
candidate indicated in the ballot has a conviction that has not been cancelled
and annulled, the ballot shall contain information about the candidate's
convictions. If a registered candidate put on the ballot has a foreign
citizenship, the ballot shall indicate this fact and the name of the relevant
foreign state.
8. A blank box shall be
placed to the right of the data of each registered candidate indicated under
Clauses 5 and 6 of this article, to the right of the name of each electoral
association, electoral bloc. A line reading "Against all candidates"
("Against all lists of candidates") with a blank box to the right
thereof shall be placed at the end of the list of registered candidates, names
of electoral associations, electoral blocs.
9. For voting at a
referendum, the ballot shall contain the text of the question submitted to the
referendum and indicate the options for expression of the voter’s will with the
words "Yes" or "No" over which blank boxes are placed. If
more than one question is submitted to a referendum, they shall be put on
different ballots. If a draft law, regulatory act of a body of local
self-government is submitted to a referendum, the ballot shall either reproduce
its text or unambiguously set forth the contents of this text.
10. Ballots shall be
printed in the Russian language. Subject to a decision of the commission
specified by law, ballots shall be printed in the Russian language and in the
official language of the given republic comprised in the Russian Federation
and, in the necessary cases, in the languages of the peoples of the Russian
Federation in the territories where they are concentrated. If ballots for an
electoral precinct are printed in two or more languages, the Russian text shall
be printed on each ballot.
11. Ballots produced by a
print shop shall be inspected and defective ballots rejected by the personnel
of the print shop under the supervision of voting members of the commission
that placed, in accordance with the law, an order for the ballots, and then the
ballots shall be handed over to the members of this commission on the basis of
a certificate. After the ballots packed in bundles are handed over in the
quantity corresponding to the order, the personnel of the print shop shall
destroy rejected and surplus ballots (if any) and shall draw up a certificate
to this effect. The commission that placed the order for the ballots shall
notify all members of this commission, relevant candidates, electoral
associations, electoral blocs, the referendum initiative group, other
referendum participant groups (their representatives) of the time when and the
place where ballots are to be inspected and handed over to the appropriate
commission. The print shop shall allow at least one representative from each
candidate, electoral association, electoral bloc, referendum initiative group,
another referendum participant group to be present when all these actions are
performed, and each of these persons may put his signature on the certificates
mentioned in this Clause.
12. After receiving ballots
from the print shop, the commission shall deliver the ballots, of the basis of
an acceptance certificate, to lower commissions that shall deliver the ballots
to lower commissions down to precinct commissions, in accordance with the same
procedure.
13. The chairmen of the
commissions that deliver and accept the ballots shall bear responsibility for
correct delivery of ballots.
14. Ballots shall be
delivered to territorial (district) commissions not later than 20 days before
voting day, and to precinct commissions, not later than three days before
voting day.
15. The quantity of ballots
to be delivered on the basis of an acceptance certificate to a precinct
commission shall be determined by a decision of the higher commission. Such
quantity shall not exceed by more than 0.5 percent or be less than 90 percent
of the number of voters, referendum participants that have been included in the
list of voters, referendum participants in the electoral precinct, referendum
precinct as of the day of the ballot delivery. If the number of voters,
referendum participants included in the list of voters, referendum participants
is less than 200, two extra ballots shall be given to the precinct commission.
16. Signatures of two
voting members of the precinct election commission certified by the
commission's seal shall be put in the upper right corner on the face of all
ballots received by the precinct election commission.
17. If a registered
candidate, list of candidates withdraw after ballots have been produced,
territorial, district, and precinct election commissions shall, on the instruction
of the commission which registered this candidate, list of candidates, cross
out the data of this candidate, list of candidates on ballots.
18. If in accordance with
the law a decision is taken to register candidates, federal list of candidates
to transfer a place on the list to the next registered candidate in replacement
of a candidate who withdrew after the ballots had been produced less than seven
days before voting day, the commission that registered a candidate, list of
candidates shall be entitled to make a decision to put the data of the said
registered candidate, list of candidates into the printed ballots by hand or
through using technical equipment.
19. In exceptional cases,
in electoral precincts, referendum precincts formed in remote and hard-to-reach
areas, on ships at sea on voting day, at polar stations, outside the territory
of the Russian Federation electoral documents, including ballots, may be
produced by a precinct commission itself. A decision to produce electoral
documents, indicating the required number of ballots and the deadline for their
production, shall be taken by this precinct commission with the concurrence of
the higher commission.
20. On voting day, after
the voting time ends, commissions shall count and cancel unused ballots. In
precinct commissions, this procedure is carried out in accordance with Clause
3, Article 68 of this Federal Law. In other commissions, statements of ballot
cancellation specifying the number of cancelled ballots shall be drawn up.
Persons indicated in Clause 3, Article 30 of this Federal Law may be present
when ballots are being cancelled. Cancelled ballots shall be handed over for
safekeeping with the other documentation of the commission to the secretary of
the commission.
1. The time of the
commencement and the end of voting at an election, referendum shall be
established by law, and the duration of voting shall not be less than ten
hours. If voting day at an election of bodies of state power of a subject of
the Russian Federation, bodies of local self-government, at a referendum of a
subject of the Russian Federation, a local referendum is the same as voting day
at an election of federal bodies of state power, the House of Representatives
of the Union State, at a referendum of the Russian Federation, the provisions
of federal law that set the time of commencement and end of voting shall apply.
2. The time and place of
voting shall be communicated to voters, referendum participants by territorial
and precinct commissions not later than 20 days before voting day through mass
media or otherwise, and if early or repeat voting is conducted the time and
place of voting shall be communicated in the procedure and at the time
established by law but not later than five days before voting day.
3. On voting day and before
the beginning of voting, the chairman of a precinct commission shall present
for inspection by members of the precinct commission, by voters, referendum
participants who are present, by persons specified in Clause 3, Article 30 of
this Federal Law empty ballot boxes (relevant compartments of the technical
vote counting equipment, if any) that are then sealed with the precinct
commission’s seal.
4. Each voter, referendum
participant shall vote in person, voting on behalf of other voters, referendum
participants shall be prohibited.
5. Ballots shall be issued
to voters, referendum participants who are included in a list of voters,
referendum participants against presentation of their passports or equivalent
identity documents, and if a voter, referendum participant votes on the basis
of an absentee certificate, against presentation of such absentee certificate.
6. When receiving a ballot,
a voter, referendum participant shall write the series and number of his passport
or equivalent identity document in the list of voters, referendum participants.
With the consent of a voter, referendum participant or at his request, the
series and number of the passport or equivalent identity document presented by
him may be written in the list of voters, referendum participants by a voting
member of the precinct commission. The voter, referendum participant shall
verify the correctness of the entry and sign in the respective box of the list
of voters, referendum participants for receipt of a ballot. In the event of
voting on the basis of an absentee certificate, additional notes shall be made
in the list of voters, referendum participants. In the event of voting with
more than one ballot at a time, a voter, referendum participant shall sign for
receipt of each ballot. The member of the precinct commission who issued a
ballot (ballots) to a voter, referendum participant shall also sign in the
relevant box of the list of voters, referendum participants.
7. A voter, referendum participant
shall vote by putting any mark in the box (boxes) corresponding to the
candidate (candidates) or a list of candidates chosen by the voter or the box
to the right of the words "Against all candidates" ("Against all
lists of candidates"), and in a referendum ballot, by putting any mark in
the box corresponding to the option chosen.
8. A ballot shall be marked
by a voter, referendum participant in a specially equipped booth or another
specially equipped place where the presence of other persons shall not be
allowed, save as otherwise provided by Clause 10 of this article.
9. If a voter, referendum
participant thinks that he has made a mistake when marking a ballot, he may ask
the commission member who had issued the ballot to give him a new ballot in place
of the spoilt one. The commission member shall issue a new ballot to the voter,
note this fact in the list of voters, referendum participants against the name
of this voter. The spoilt ballot shall be immediately cancelled, and a
statement to this effect shall be made.
10. A voter, referendum
participant who is not able to sign for receipt of a ballot or mark a ballot by
himself may be assisted by another voter, referendum participant who is not a
member of the commission, or a registered candidate, or an authorized
representative or agent of an electoral association, electoral bloc, registered
candidate, a referendum initiative group, or an observer. In this case, a voter
shall orally inform the election commission of his intention to ask for assistance
in marking the ballot. The surname, first name and patronymic, series and
number of the passport or an equivalent identity document of the person
assisting such voter, referendum participant shall be indicated in the
appropriate box (boxes) of the list of voters, referendum participants.
11. Voters, referendum
participants shall drop marked ballots into sealed (tamper-proof) ballot boxes
or into the technical vote counting equipment, if such equipment is used.
12. A member of a precinct
commission shall be immediately barred from participation in its work and an
observer and other persons shall be expelled from the polling station if they
commit a violation of a law governing the election, the referendum. In this
case, a reasoned written decision to this effect shall be taken by the precinct
commission. The decision shall be taken in writing. The law enforcement
authorities shall enforce the decision and take steps to bring the barred
member of the precinct commission, expelled observer and other offenders to
responsibility under the legislation of the Russian Federation.
13. Registered candidates,
electoral associations, electoral blocs, members of referendum initiative
groups and their agents or authorized representatives as well as the
organizations, which are founded, owned, possessed by the said persons and
organizations and/or which have leading bodies where the said persons and
organizations are represented, other natural persons and legal entities acting
at the request or on the instructions of the said persons and organizations
shall not take any actions to arrange for transportation of voters, referendum
participants for participation in voting.
14. The law of a subject of
the Russian Federation may provide for the possibility of voting by post for
voters, referendum participants. In this case, these votes shall be deemed
received by the relevant commission if delivered not later than the end of
voting on voting day. The procedure for voting by post at elections of bodies
of state power of subjects of the Russian Federation, bodies of local
self-government, referendums of a subject of the Russian Federation, locals
referendums shall, until this issue is regulated by a federal law, be
established by the Central Election Commission of the Russian Federation.
1. An early voting at
elections of federal bodies of state power, bodies of state power of subjects
of the Russian Federation, in a referendum of the Russian Federation, a
referendum of a subject of the Russian Federation shall not be conducted in the
procedure established by Clauses 2-9 of this article.
2. At an election of bodies
of local self-government, a local referendum, a voter, referendum participant
who on voting day is absent from his place of residence and cannot come to the
polling station in the electoral precinct, referendum precinct in which he was
included in the list of voters, referendum participants for a valid reason
(leave or vacation, business trip, hours of work or study, state or public
duties, state of health) shall, if law does not allow voting by absentee
certificates, be granted a possibility to vote early by marking a ballot at the
premises of the relevant territorial commission, district election commission,
municipality election commission (15 to 4 days before voting day), or the
precinct commission (not earlier than three days before voting day). A voter,
referendum participant who votes early shall submit to the relevant commission
an application stating the reasons for early voting. This application shall be
attached to the list of voters, referendum participants who voted early. The
commission shall ensure the secrecy of voting, prevent any possibility of the
will of a voter, referendum participant being distorted, arrange for the safekeeping
of the ballot and ensure that the vote cast by the voter, referendum
participant will be counted when vote returns are determined.
3. If a voter, referendum
participant votes at the premises of the territorial commission, district
election commission, municipality election commission, signatures of two
members of the commission certified by the commission's seal shall be put in
the upper right corner on the face of the ballot issued to him. The territorial
commission, district election commission, municipality election commission
shall compile a list of voters, referendum participants who voted early.
Precinct commissions shall continue compiling, for the relevant precinct, the
lists of voters, referendum participants who voted early, which they receive
from the higher commissions.
4. A ballot marked by a
voter, referendum participant voting early shall be put by the voter,
referendum participant into an envelope and the envelope shall then be sealed.
Two voting members of, respectively, territorial commission, district election
commission, municipality election commission or the precinct commission and
non-voting members of the commission, observes (if they so desire) shall put
their signatures on the envelope seam. The said signatures shall be certified
by the seal of the respective commission and a signature of the voter,
referendum participant who voted early.
5. The sealed envelope with
ballots shall be kept by the secretary of the relevant commission in the office
of the territorial commission, district election commission, election
commission of the municipality until the time when all ballots are transferred
to precinct commissions, and in the office of the precinct commission, until voting
day.
6. On voting day, the
chairman of a precinct commission, shall get ready the technological vote
counting equipment, if such equipment is used, switch this equipment to the
voting mode and officially open the polling station in the presence of members
of the precinct commission, observers, other persons referred to in Clause 3,
Article 30 of this Federal Law. Before the commencement of voting, he shall
announce the total number of voters, referendum participants who cast their
votes early, including those who voted early at the premises of the territorial
commission, district election commission, municipality election commission and
shall produce for visual inspection the sealed envelopes with ballots and a
list of voters, referendum participants who voted early. After this, the
chairman of the precinct commission shall open each envelope in turn.
7. If the number of voters,
referendum participants who voted early is more than one percent of the number
of voters, referendum participants included in the list of voters, referendum
participants in the electoral precinct, referendum precinct (but not less than
ten voters, referendum participants), the ballots of voters, referendum
participants who voted early shall be stamped on the back with the seal of the
precinct commission immediately after the ballots are taken out of the
envelopes.
8. After the performance of
the actions described in Clauses 6 and 7 of this article, the chairman of the
precinct commission shall, while observing the secrecy of the expression of the
voters', referendum participants' will, drop the ballots into a stationary
ballot box or a technological vote counting equipment, if such equipment is
used. If an envelope does not bear the required marks provided for by Clause 4
of this article, or more than one ballot of the standard form established for
the relevant district is taken out of the envelope, all ballots taken out from
this envelope shall be declared invalid and a written statement shall be drawn
up to this effect. An inscription stating the reasons for declaring a ballot
invalid, certified by signatures of two voting members of the precinct
commission and a seal of the precinct commission, shall be made on the face of
each ballot in the boxes located to the right of the data of the candidates,
lists of candidates, the option "Against all candidates"
("Against all lists of candidates"), the option "Yes" and
"No."
9. On the list of voters,
referendum participants the surnames of voters, referendum participants who
voted early shall be marked with the words "Voted early."
10. In cases and in the
procedure established by law, the relevant commission shall be entitled, with
the concurrence of the higher commission, to allow early voting (but not
earlier than 20 days before voting day) to be conducted in remote and
hard-to-reach areas, on ships at sea on voting day, at polar stations, at one
or more electoral precincts, referendum precincts.
Article 66. Arrangements for Voters, Referendum
Participants to Vote Outside Polling Station
1. A precinct commission
shall make voting arrangements for voters, referendum participants who are
included in the list of voters, referendum participants in the electoral
precinct, referendum precinct but cannot come to the polling station on their
own, due to valid reasons (poor health, physical disability).
2. Save the cases referred
to in Clause 10, Article 65 of this Federal Law, voting outside a polling
station shall be conducted only on voting day and only on the basis of a
written or oral application (including such written or oral application relayed
by other persons) of a voter, referendum participant for an opportunity to vote
outside a polling station. A precinct commission shall register all such
written (oral) applications in a special register and, after the end of voting,
shall keep this register together with the lists of voters, referendum
participants.
3. An entry in the register
mentioned in Clause 2 of this article, registering an oral application shall
indicate the time when the application was received, the surname, first name,
patronymic of the voter, referendum participant who stated his intention to
vote outside the polling station, his place of residence, and shall be signed
by the member of the commission who received this application. If such
application was relayed by another person, the register shall also indicate the
surname, first name and patronymic and place of residence of such person. Upon
the arrival of members of a precinct election commission to the voter, the voter
shall confirm his oral application by a written application.
4. A written (oral)
application for voting outside the polling station must state the reason why
the voter, referendum participant is unable to come to the polling station and
must indicate the same data of the voter, referendum participant as is
contained in the list of voters, referendum participants.
5. Written (oral)
applications referred to in Clause 4 of this article may be submitted to the
precinct commission not later than four hours before the end of voting time.
6. At least 30 minutes
before the departure of members of a precinct election commission, the chairman
of the precinct election commission shall announce that commission members are
going to conduct voting outside the polling station.
7. A precinct election
commission may determine that the reason for which a voter, referendum
participant cannot come to the polling station on his own is untenable and
refuse to conduct voting outside the polling station for the voter, referendum participant..
8. A precinct commission
shall have the necessary number (but not more than three) of mobile ballot
boxes, that shall be determined by the commission’s decision.
9. Members of a precinct
commission who are to conduct voting outside the polling station on the basis
of such written (oral) applications shall receive ballots and sign for their
receipt. Voting outside the polling station shall be conducted by at least two
voting members of the precinct commission who shall have a sealed (temper proof)
mobile ballot box that was sealed or temper proof at the precinct commission,
the required number of ballots of the established form, the register described
in Clause 2 of this article or a certified excerpt from the register containing
the necessary data of the voter, referendum participant and the information
about the received written (oral) application for voting outside the polling
station, applications for voting outside the polling station received from
voters, referendum participants, and required writing utensils needed for a
voter, referendum participant to mark the ballot. Voting outside the polling
station may be conducted by one voting member of a precinct election
commission, provided that not less than two persons indicated in Clause 14 of
this article are present at the voting.
10. Voting outside the
polling station shall be conducted in accordance with the provisions of Article
64 of this Federal Law.
11. In the written
application for voting outside the polling station, the voter, referendum
participant shall indicate the series and number of his passport or an
equivalent identity document and shall sign for receipt of each ballot. With
the consent or at the request of the voter, referendum participant the series
and number of his passport or an equivalent identify document may be entered in
the application by a voting member of a precinct election commission. Voting
members of a precinct election commission shall confirm the issuance of ballots
by putting their signatures on the written application. A corresponding note
shall be made on the application when a new ballot is issued in place of a
spoilt one, and a note indicating the total number of received ballots shall be
made, if a voter, referendum participant receives more than one ballot
(depending on the type of the election and on the combination of elections,
referendums).
12. Members of a precinct
commissions who come to the voter’s, referendum participant’s place in response
to their written (oral) applications may issue ballots only to those voters,
referendum participants whose written (oral) applications were recorded in the
register under Clause 2 of this article.
13. The series and number
of the passport or an equivalent identity document of a voter, referendum
participant who voted outside the polling station shall be written in the list
of voters, referendum participants by voting members of the precinct commission
who went to the voter’s, referendum participant’s place in response to their
written (oral) applications. At the same time, the words "Voted outside
the polling station," signed by the commission members indicated above,
shall be written in the appropriate column (columns) of the list of voters,
referendum participants.
14. When voting is carried
out outside the polling station, non-voting members of an election commission,
observers may be present at the voting. In this case, a precinct election
commission shall provide the same possibilities to come to the place of voting
both for voting members of the precinct election commission who conduct voting
outside the polling station and for not less than two non-voting members of the
election commission, observers appointed by different candidates, political
parties, electoral blocs, referendum initiative groups, other referendum
participant groups.
15. Voting outside the
polling station shall be organized so as to prevent any violations of electoral
rights of a voter, referendum participant and distortion of the expression of
their will.
16. If a voter, referendum participant
who made a written or oral application for voting outside the polling station
comes to the polling station to vote after members of the precinct election
commission were sent to him to conduct voting outside the polling station, a
relevant member of the precinct election commission shall not issue a ballot to
this voter at the polling station until the commission members who organize
voting outside the polling station in response to the written or oral
application of this voter, referendum participant come back and it has been
established that the voter, referendum participant has not voted outside the
polling station.
17. A separate certificate
shall be drawn up to record the number of written and oral applications of
voters, referendum participants for voting outside the polling station and the
number of issued, used and returned ballots, and such certificate shall also
indicate the non-voting members of a precinct election commission and observers
who were present when voting outside the polling station was conducted.
Article 67. Protocol of Vote Returns of
Precinct Commission
1. A precinct commission
shall compile a protocol of vote returns for the relevant election precinct,
referendum precinct.
2. A protocol of vote
returns shall consist of a single sheet of paper. In exceptional cases, such
protocol may consist of more than one sheet, and each sheet shall be signed by
all present voting members of the precinct commission. A protocol of vote
returns shall contain:
a) the number of the copy;
b) the name of the
election, referendum, the date of voting;
c) the word
"Protocol;"
d) the name of the
commission specifying the number of the electoral precinct, referendum
precinct;
e) protocol lines in the
following succession:
line 1: the number of
voters, referendum participants who were included in the list as of the end of
voting time;
line 2: the number of
ballots received by the precinct commission;
line 3: the number of
ballots issued to voters, referendum participants who voted early, and a
separate line 4 shall state the number of voters who voted early at the
premises of the territorial (district) commission, municipality electoral
commission ;
line 5: the number of
ballots issued to voters, referendum participants at the polling station on
voting day;
line 6: the number of
ballots issued to voters, referendum participants who voted outside of the
polling station on voting day;
line 7: the number of
cancelled ballots;
line 8: the number of
ballots contained in mobile ballot boxes;
line 9: the number of
ballots contained in stationary ballot boxes;
line 10: the number of
invalid ballots;
line 11: the number of
valid ballots;
line 12 and the following
lines: the number of votes for each of the options contained in all ballots,
including the option "Against all candidates" ("Against all
lists of candidates"), the number of votes for the options "Yes"
and "No" in a referendum.
If a law provides for
voting by absentee certificates, the protocol of vote returns shall also
contain the lines:
line 11a: the number of
absentee certificates received by the precinct commission;
line 11b: the number of
absentee certificates issued by the precinct commission to voters, referendum
participants in the electoral precinct, referendum precinct before voting day;
line 11c: the number of
voters, referendum participants who voted by absentee certificates in the
electoral precinct, referendum precinct;
line 11d: the number of
absentee certificates cancelled in the electoral precinct, referendum precinct;
f) information about the
number of grievances (applications), statements and other documents that are
appended to the protocol, which were received by the precinct commission on
voting day before the end of counting of votes cast by voters, referendum
participants;
g) surnames and the
initials of the chairman, deputy chairman, secretary and the other voting
members of the precinct commission, and their signatures;
h) the date and time when
the protocol was signed;
i) the seal of the precinct
commission.
3. The numbers specified in
Clause 2 of this article shall be entered into the protocol of vote returns
both in figures and in words. The numbering of the lines of the protocol shall
be established by law.
Article 68. Procedure of Counting Votes Cast by
Voters, Referendum Participants and Compilation of Protocol of Vote Returns by
Precinct Commission
1. Votes cast by voters,
referendum participants shall be counted openly and publicly, with the number
of ballots and number of votes cast by voters, referendum participants, as
counted by the voting members of a precinct election commission, being
consecutively announced and entered in the enlarged form of the protocol of
vote returns.
2. Counting of votes cast
by voters, referendum participants shall begin immediately after the voting
time expires and shall be continued without interruption until the vote returns
are determined. These vote returns shall be made known to all members of the
precinct commission and observers. If elections of different levels are
combined, votes cast at the election of federal bodies of state power, to
bodies of state power of a subject of the Russian Federation shall be counted
first, after which votes cast at the election of bodies of local
self-government shall be counted.
3. After the end of voting,
voting members of a precinct election commission in the presence of persons
indicated in Clause 3, Article 30 of this Federal Law shall count unused
ballots, cancel them by cutting off the lower left corner (care shall be taken
to avoid damaging the boxes located on the ballots to the right of the data of
registered candidates, names of electoral associations, electoral blocs and to
the right of the lines "Against all candidates," "Against all
federal lists of candidates", the boxes located under the options
"Yes" and "No"), announce the number of cancelled ballots
obtained by summing up the number of unused ballots and the number of ballots
spoilt by voters, referendum participants in the course of voting and enter the
number of cancelled ballots in line 7 of the protocols of vote returns and
enlarged forms of these protocols. If a technological vote counting equipment
is used, this information after its announcement shall be entered in line 7 of
the enlarged form of the protocol of vote returns.
4. The chairman, deputy
chairman, or secretary of a precinct commission shall ascertain, announce and
enter in line 2 of the protocol of vote returns and its enlarged form the
number of ballots received by the precinct commission (the ballots of voters,
referendum participants who voted early at the premises of territorial
commission, district election commission, municipality commission, which were
taken out of the envelopes, shall not be included in this number). If the
technological vote counting equipment is used, this information, after its
announcement, shall be entered in line 2 of the enlarged form of the protocol
of vote returns.
5. Before starting to count
votes cast by voters, referendum participants voting members of a precinct
election commission shall enter the following data in each page of the list of
voters, referendum participants:
а) the number of
voters, referendum participants included in the list of voters, referendum
participants as of the end of voting time (minus the number of voters,
referendum participants to whom absentee certificates were issued by the
territorial commission and the district commission, and those who were
withdrawn for other reasons);
b) the number of ballots
issued to voters, referendum participants at the polling station on voting day
(to be established from the number of signatures of voters, referendum
participants in the list of voters, referendum participants);
c) the number of ballots
issued to voters, referendum participants who voted outside the polling station
on voting day (to be established from the number of relevant notes in the list
of voters, referendum participants);
d) the number of ballots
issued to voters, referendum participants who voted early (to be established
from the number of relevant notes in the list of voters, referendum
participants and verified against the list of voters, referendum participants
who voted early);
e) the number of absentee
certificates issued by the precinct commission to voters, referendum
participants in the electoral precinct, referendum precinct;
f) the number of voters,
referendum participants who voted on the basis of absentee certificates in the
electoral precinct, referendum precinct.
6. After entering the data
specified in Clause 5 of this article, each page of the list of voters,
referendum participants shall be signed by the member of the commission who
entered this data, and the same member shall then sum up the data, announce it,
and communicate it to the chairman, deputy chairman, or secretary and to the
persons present at the vote counting. The totals that are determined as the sum
of the numbers established in accordance with Clause 5 of this article shall be
announced, entered in the last page of the list of voters, referendum
participants by the chairman, deputy chairman, or secretary of the precinct
commission and certified by his signature and the seal of the precinct
commission. The announced data shall be entered in the relevant lines of the
protocol of vote returns and its enlarged form, and if the technological vote
counting equipment is used, only in the relevant lines of the enlarged form of
the protocol of vote returns:
a) line 1: the number of voters,
referendum participants included in the list of voters, referendum participants
as of the end of voting time;
b) lines 3 and 4: the
number of ballots issued to voters, referendum participants who voted early;
c) line 5: the number of
ballots issued to voters, referendum participants who voted at the polling
station on voting day;
d) line 6: the number of
ballots issued to voters, referendum participants who voted outside the polling
station on voting day;
e) line 11a: the number of
absentee certificates received by the precinct commission;
f) line 11b: the number of
absentee certificates issued by the precinct commission to voters, referendum
participants in the electoral precinct, referendum precinct;
g) line 11c: the number of
voters, referendum participants who voted on the basis of absentee certificates
in the electoral precinct, referendum precinct;
h) line 11d: the number of
absentee certificates cancelled in the electoral precinct, referendum precinct;
Data is entered into lines
11a, 11b, 11c, and 11d of the protocol of vote returns and its enlarged form if
voting on the basis of absentee certificates is provided for by law.
If a repeat voting is
provided for by law, the procedure for counting of absentee certificates shall
be established by such law.
After that the list of
voters, referendum participants shall be made available for examination to
persons indicated in Clause 3, Article 30 of this Federal Law, and non-voting
members of a precinct election commission may make sure that the counting was
carried out correctly.
7. No further work shall be
carried out on the list of voters, referendum participants until the control
relationships of the data entered in the protocols of vote returns are checked
as provided for by Clause 22 of this article. In the meantime, the list of
voters, referendum participants shall be kept in a safe or at a place specially
equipped for safekeeping of documents. The chairman or the secretary of a
precinct election commission shall make arrangements for the safekeeping of the
voters list so as to make it inaccessible to persons present at the polling
station.
8. Votes cast by voters,
referendum participants shall be counted by voting members of a precinct
election commission from ballots in the ballot boxes.
9. Non-voting members of a
precinct election commission, observers, other persons listed in Clause 3,
Article 30 of this Federal Law may be present when votes cast by voters,
referendum participants are being counted.
10. Votes cast by voters,
referendum participants shall be counted at special places fitted out so as to
allow access to them for voting and non-voting members of a commission. Voting
members of the commission, with the exception of the chairman (deputy chairman)
and the secretary of the commission, shall not use any writing utensils during
vote counting, save as otherwise provided for by Clauses 16 and 17 of this
article. The actions of members of the commission shall be clearly visible to
all persons present at the vote counting
11. When sorting out the
ballots a precinct commission shall separate ballots which do not conform to a
standard format. Such ballots shall be packed separately and sealed
12. First, ballots shall be
counted in the mobile ballot boxes. Before mobile ballot boxes are opened, the
integrity of the seals on the boxes shall be checked. Votes shall be counted so
as to avoid violating the secrecy of voting. The number of ballots taken out
shall be announced and entered into line 8 of the protocol of vote returns and
its enlarged form. If the number of ballots of the established form found in
the mobile ballot box is greater than the number of applications of voters,
referendum participants containing the note about the number of received
ballots, all ballots contained in this mobile ballot box shall be invalidated
by the decision of the commission and this fact shall be recorded in a separate
certificate which shall be appended to the corresponding protocol of vote
returns. This certificate shall indicate the surnames and the initials of the
members of the precinct commission who ensured the voting outside the polling
station using this mobile ballot box. The number of ballots thus invalidated
shall be announced, entered in the said certificate, and then summed up with
the number of invalid ballots identified during sorting out of the ballots. On
the face of each of these ballots in the boxes located to the right of the data
about the candidates who stand for election, lists of candidates, the option
"Against all candidates" ("Against all lists of
candidates"), in the boxes against the options "Yes" and
"No", a note shall be made about the reason for invalidating the
ballot, that shall be endorsed by signatures of two voting members of the
precinct commission and certified by the precinct commission's seal, and when
votes are to be counted, such ballots shall be packed separately, sealed and
disregarded in vote counting.
13. Stationary ballot boxes
shall be opened after the integrity of their seals is verified.
14. Members of a precinct
commission shall sort out ballots taken out of mobile and stationary ballot
boxes according to the votes cast in favor of each candidate (each list of
candidates), and according to the votes cast against all candidates (all lists
of candidates), according to the votes cast for options "Yes" and
"No" contained in a referendum ballot, putting apart non-standard and
invalid ballots. While sorting out the ballots, voting members of the precinct
commission shall read out the words written by the voter, referendum
participant thereon and show ballots for examination to all persons present at
the vote counting. The words written on two and more ballots shall not be read
out simultaneously.
15. At an election in a
multi-seat electoral district and when a voter has more than one vote, ballots
cast for each of the candidates shall not be sorted out. The words written by a
voter on each ballot shall be read out and the ballot shall be shown for
examination to all persons present at the vote counting. The words written on
two and more ballots shall not be read out simultaneously. After it is
announced, the data contained in the ballot shall be entered in a special table
indicating the surnames of all the candidates included into the ballot, and
shall be summed up.
16. If the number of
voters, referendum participants who voted early at the premises of a
territorial commission, district election commission, municipality election
commission, and a precinct commission exceeds one percent of the number of voters,
referendum participants included in the list of voters, referendum participants
in the electoral precinct, referendum precinct (but is not less than ten
voters, referendum participants), the precinct commission, at the request of
any member of the commission, any observer shall perform a separate vote
counting by ballots the reverse sides of which are marked with a seal of the
precinct commission in accordance with Clause 7, Article 65 of this Federal
Law. The results of such counting shall be indicated in a certificate that
shall be appended to the protocol of vote returns. In these cases, such ballots
shall be packed separately and sealed.
17. Invalid ballots shall
be counted and summed up separately. Ballots shall be invalid if they do not
contain any marks in the boxes to the right of the corresponding registered
candidates, names of electoral associations, electoral blocs, the options
"Against all candidates," ("Against all federal lists of
candidates,") or, in the boxes opposite to the options "Yes" and
"No", or if the number of marks made on the ballot exceeds the number
of marks established by law. If any doubts arise with regard to the expression
of the will of a voter, referendum participant, the ballot shall be put apart
in a separate bundle. After the ballots are sorted out, the commission shall
decide the question of the validity of each doubtful ballot by voting and a
note explaining the reasons why the ballot was pronounced valid or invalid
shall be made on the back of the ballot. This note shall be certified by
signatures of not less than two voting members of the commission and endorsed
with the commission's seal. The ballot pronounced valid or invalid shall be put
in the corresponding bundle of ballots. The total number of invalid ballots
(including the ballots declared invalid in accordance with Clause 12 of this
article and Clause 8, Article 65 of this Federal Law) shall be entered in line
10 of the protocol of vote returns and its enlarged form.
18. After that the sorted
out standard ballots shall be counted separately in each bundle, by each
candidate, list of candidates, the options "Against all candidates"
("Against all lists of candidates"), the options "Yes" and
"No." Ballots shall be counted by moving them from one part of the bundle
to the other part so that the persons present at the vote counting could see
the mark made by the voter on each ballot. Ballots from different bundles shall
not be counted simultaneously. The information so obtained shall be entered in
line 12 and the following lines of the protocol of vote returns and its
enlarged form.
19. Voting members of the
precinct commission shall count the number of valid ballots and enter it in
line 11 of the protocol of vote returns and its enlarged form.
20. Voting members of the
precinct commission shall count the number of standard ballots contained in the
stationary ballot boxes announce and enter it in line 9 of the protocol of vote
returns and its enlarged form.
21. After that observers,
may examine the sorted out ballots under the supervision of voting members of a
precinct election commission, and non-voting members of the commission may make
sure that the counting was carried out correctly.
22. After non-voting
members of a precinct election commission and observers examine the sorted out
ballots the control relationships of the data entered in the protocols of vote
returns shall be checked. If these control relationships are not complied with,
the precinct election commission shall take a decision to carry out additional
vote counting for all or some of the lines of the protocols of vote returns,
including additional counting of ballots.
If as a result of such
additional counting the control relationships still fail to coincide, the
precinct commission shall take a decision to this effect, append it to the
protocol of vote returns, and enter the information about the discrepancy in
special lines of the protocol of vote returns.
23. After the counting has
been completed the ballots shall be packed in separate bundles. The ballots
thus bundled shall be packed in bags or boxes, on which the number of the
electoral precinct, referendum precinct and the number of ballots shall be
marked. The bags or boxes shall be sealed and may be opened only by a decision
of the higher election commission or a court. Both voting members and
non-voting members of the precinct commission shall be entitled to put their
signatures on the said bags or boxes. The packaging shall be performed in the
presence of persons specified in Clause 3, Article 30 of this Federal Law who
shall be entitled to put their signatures on these bags or boxes.
24. If technological
equipment is used for vote counting, the following shall be done in the
presence of voting members of a precinct commission, observers, other persons
specified in Clause 3, Article 30 of this Federal Law after the work with the
list of voters, referendum participants is completed:
a) if for any reason the
voting at the polling station was temporarily conducted without the use of the
technological vote counting equipment, the precinct commission shall verify the
integrity of the seals on the special compartment of this technological vote
counting equipment or on a backup stationary ballot box, open this box, and
drop all the ballots contained therein into the technological vote counting
equipment so as to avoid violation of the secrecy of voting;
b) the precinct commission
shall count the ballots contained in mobile ballot boxes in accordance with the
procedure specified in Clause 12 of this article, all the ballots shall be
taken out of the mobile ballot boxes to be dropped into the technological vote
counting equipment switched to the vote counting mode, the ballots shall be
dropped so as to avoid violation of the secrecy of voting;
c) the precinct commission
shall enter into the technological vote counting equipment the data obtained at
the stage of working with the list of voters, i.e. the data entered in lines 1,
2, 3, 4, 5, 6, 7 and 11а, 11b, 11c, 11d of the enlarged form of the protocol
of vote returns ;
d) the precinct commission
shall print out the protocol of vote returns from the technological vote
counting equipment, announce and enter the respective data in lines 8, 9, 10,
11, 12 and the following lines of the enlarged form of the protocol of vote
returns;
e) the precinct commission
shall check the control relationships of the data entered in the protocol of
vote returns. If these control relationships are not complied with, the
precinct commission shall make a decision on additional counting with respect
to all or some lines of the protocol of vote returns, including a decision on
additional manual counting of the ballots. If as a result of such additional
counting the control relationships are still not complied with, the precinct
commission shall take a decision to this effect, which shall be appended to the
protocol of vote returns, and enter the information about the discrepancy into
special lines of the protocol of vote returns ;
f) in the circumstances
referred to in Clause 16 of this article, the precinct commission shall sort
out the ballots by separating the ballots of early voters that were taken out
of envelopes that bear the seal of the precinct commission on their back. A
separate vote counting by the said ballots shall be performed manually or by
means of the technological vote counting equipment. The results of this
counting shall be indicated by the precinct commission in a certificate that
shall be appended to the protocol of vote returns.
25. A precinct commission
shall consider grievances (statements), received on voting day before the end
of counting of votes cast by voters, referendum participants from persons who
were present at vote counting, and take appropriate decisions that shall be
appended to the first copy of the precinct commission’s protocol of vote
returns. If there are ungrounded grievances (statements) submitted by persons
who were present at vote counting, the precinct commission that used the
technological vote counting equipment shall be entitled to make a decision to
immediately recount the votes without the use of such equipment (about manual
counting). If the difference between the two counts is more than one percent
(obtained by dividing the greater number by the smaller) but not less than
three units in at least one of the following lines: 10, 11, 12 and the
subsequent lines of the precinct commission’s protocol of vote returns, the
protocol of vote returns shall be compiled on the basis of the results of the
manual counting. If no such difference is found, the protocol compiled on the
basis of results obtained with the use of the technological vote counting
equipment shall be signed, and a certificate confirming the compliance of the
recount results with the initial results shall be drawn up and forwarded to the
higher commission together with the protocol of vote returns of the precinct
commission.
26. After all required
actions and counts have been accomplished, a precinct commission shall hold a
mandatory final meeting to consider any grievances (statements) about
violations during the voting and counting of votes cast by voters, referendum
participants, after which the precinct commission’s protocol of vote returns
shall be signed, copies of which shall be issued to the persons indicated in
Clause 3, Article 30 of this Federal Law. The protocol of vote returns shall be
completed in two original copies and signed by all present voting members of
the precinct commission, and shall indicate the date and time (the hour and the
minute) when it was signed. The protocol of vote returns compiled on the basis
of the results obtained with the use of the technological vote counting
equipment shall come into legal force after the said signing. The protocols of
vote returns shall not be completed in pencil and no alterations shall be made
therein. Signing of such protocol in violation of these rules may constitute a
reason for invalidation of such protocol and for a vote recount.
27. If some voting members
of a precinct commission are absent when a protocol of vote returns is being
prepared, a note to this effect shall be made in the protocol indicating the
reason for their absence. The protocol shall be valid if it is signed by the
majority of the established number of voting members of the given precinct
commission. If, when the protocol of vote returns is being signed, any
commission member or any other person put his signature for at least one voting
member of the precinct commission this shall constitute a reason for
invalidation of such protocol and for a vote recount.
28. When a protocol of vote
returns is being signed voting members of a precinct election commission who
dissent from the contents of the protocols may attach their dissenting opinion
to the protocol and this fact shall be noted in the protocols.
29. At the request of any
member of a precinct commission, an observer, other persons indicated in Clause
3, Article 30 of this Federal Law, immediately after signing the protocols of
vote returns the precinct commission shall issue a copy of the protocol of vote
returns to these persons or allow them to copy the protocol and have this copy
certified by the commission. The issuance of such copy shall be recorded by the
precinct commission in a special register. The person who receives a copy shall
sign for its receipt in the register. The responsibility for completeness and
accuracy of the data contained in a copy of the protocol of vote returns shall
be borne by the person who certified such copy.
30. The first original copy
of the protocol of vote returns of a precinct commission, after it was signed
by all present voting members of the precinct commission and their copies were
issued to or certified for all persons entitled to receive them, shall be,
without delay, forwarded to the higher commission and shall not be returned to
the precinct election commission. Attached to the first original copy of the
protocol shall be dissenting opinions of voting members of the precinct
commission; the grievances (statements) about violations of the law governing
the election, the referendum, received by the election commission on voting day
and before the end of vote counting; the decisions taken by the precinct
election commission in connection with these grievances (statements);
certificates drawn up by the precinct commission. The first original copy of
the protocol of vote returns with the attached documents shall be delivered to
the higher commission by the chairman or the secretary of the precinct election
commission or some other voting member of the precinct election commission upon
instruction of its chairman. Such delivery of the protocol may be witnessed by
other members of the precinct election commission and by observers sent to the
given precinct election commission.
31. The second original copy
of the protocol of vote returns shall be provided for inspection to observers,
other persons specified in Clause 3, Article 30 of this Federal Law, and a
certified copy thereof shall be displayed to the general public at a place
designated by the precinct commission, after which the second original copy of
the protocol of vote returns, together with the electoral documentation,
referendum documentation required by law, including the ballots and the seal of
the precinct commission, shall be submitted to the higher commission for
safekeeping.
32. Precinct commissions
shall, by the decision of the Central Election Commission of the Russian
Federation or on its instruction on the basis of the decision of the relevant
election commission of a subject of the Russian Federation at elections,
referendums, use technological vote counting equipment instead of stationary
ballot boxes, and if several elections of different levels are combined, the
use of such technological vote counting equipment for vote counting at all
elections of all levels shall be mandatory. A list of electoral precincts,
referendum precincts in which technological vote counting equipment is to be
used shall be made up by the Central Election Commission of the Russian
Federation or, on its instruction, by the relevant election commission of a
subject of the Russian Federation.
If a precinct commission
uses the technological vote counting equipment, votes shall be counted in
accordance with the provisions of Clause 24 of this article. It may be established
by law or by a decision of the Central Election Commission of the Russian
Federation, if such law does not exist, that at not less than 5 percent of
electoral precincts, referendum precincts (but at least three electoral
precincts, referendum precincts) to be determined by lot drawing within the
territory of operation of one territorial commission the votes cast by voters,
referendum participants shall be subject to control recount to be carried out
by voting members of precinct commissions (manual vote counting). Such lot
drawing shall be performed by the higher commission within half an hour after
the end of the voting time, and the results of the lot drawing shall be
immediately communicated to each relevant precinct commission. At combined elections,
the control vote recount procedure shall be determined by the Central Election
Commission of the Russian Federation or by the relevant election commission of
a subject of the Russian Federation, depending on the level of the election,
referendum.
All persons present at a
polling station in the electoral precinct, referendum precinct where the
technological vote counting equipment was used shall be informed about the
possibility of a control (manual) vote recount. Manual vote counting shall be
carried out in the presence of observers, other persons listed in Clause 3,
Article 30 of this Federal Law. In electoral precincts, referendum precincts
determined by lot drawing, the manual vote counting shall be carried out in
accordance with the procedure established by Clauses 8-11, 13-15, 17-19, 21-23
of this article. As a result of such manual vote counting, either a new
protocol of vote returns shall be compiled (if a difference of more than one
percent (obtained by dividing the greater number by the smaller one), but not
less than three units, is found between the results of the manual vote counting
and the results of the counting with the use of the technological vote counting
equipment, in relation to even one of the following lines: 10, 11, 12 and the
consequent numbers of the protocol of vote returns of the precinct commission,
on which a mark "Recount" shall be made and which, together with the
initial protocol of vote returns of the precinct commission shall be sent to
the higher commission, or a certificate shall be compiled to indicate the fact
of no difference between the data obtained as a result of the vote re-count
with the initial data, and such certificate shall, together with the protocol
of vote returns of the precinct commission, be sent to the higher commission.
The chairman of the precinct commission of an electoral precinct, referendum
precinct that was determined by lot-drawing for control (manual) vote recount
shall, immediately after the results of such control (manual) vote recount are
determined, inform the higher commission of the obtained results.
The higher commission that
determined by lot-drawing the electoral precincts, referendum precincts subject
to the control (manual) vote recount shall, without delay after the information
about the results of the control (manual) vote recount is received from the
chairmen of precinct commissions of the said electoral precincts, referendum
precincts, make a relevant decision and a decision about conducting the control
(manual) vote recount in all electoral precincts, referendum precincts where a
manual vote count was not conducted and which are located on the relevant
territory, if as a result of control (manual) vote recount a new protocol of
vote returns was compiled due to a difference, in lines 10, 11, 12 and the
consequent lines of the protocol, between the data obtained with the use of the
technological vote counting equipment and the data of the manual vote count
even at one electoral precinct, referendum precinct determined by the lot-drawing.
Precinct commissions of
electoral precincts, referendum precincts at which the technological vote
counting equipment was used shall, after the vote returns are determined
through the manual vote count and a new protocol of vote returns or certificates
stating coincidence of the data is signed in the procedure set forth in Clause
30 of this article, send the protocols to the higher commission.
33. If the technological
vote counting equipment is used, data of vote counting shall not be disclosed before
the end of voting at the electoral precinct, referendum precinct, save the data
on the total number of votes cast.
34. The data of the
protocol of vote returns, including the data obtained with the use of the technological
vote counting equipment, shall be transmitted to the higher commission through
telecommunication lines (with the exception of voice telecommunication lines)
of the state automated information system or another telecommunication
information system, and the first original copy of the protocol of vote returns
and all electoral documentation, referendum documentation, including the
ballots, shall, at first opportunity, be submitted to the higher commission
either directly or through diplomatic or consular missions of the Russian
Federation or in any other way that ensures safekeeping of electoral
documentation, referendum documentation and its delivery to the destination. It
may be established by the federal law that, with the exception of the first
original copy of the protocol of vote returns that must be submitted to the
higher commission, all electoral documentation, referendum documentation of
electoral precincts, referendum precincts established outside the territory of
the Russian Federation, including the ballots, be kept at the premises of
diplomatic and consular missions of the Russian Federation with concurrence of
their heads.
35. The procedure for using
the technological vote counting equipment, telecommunication information
systems, the procedure and time of transmission, processing and use of
information related to an election, referendum, including the data from
protocols of vote returns transmitted in an electronic form over
telecommunication channels, shall be regulated by the federal law, and by the
Central Election Commission of the Russian Federation to the extent such
procedure is not covered by the federal law.
Article 69. Processing of Vote Returns by
Territorial Commissions, District Election Commissions, Election Commissions of
Municipalities, Election Commissions of Subjects of the Russian Federation, the
Central Election Commission of the Russian Federation
1. First original copies of
protocol of vote returns of precinct commissions, territorial commissions,
district election commissions, municipality election commissions, election
commissions of subjects of the Russian Federation shall, immediately after they
are signed by voting members of the commission and their certified copies and
certified copies of the summary tables are issued to persons entitled to
receive such copies or have such copies certified, be submitted to the higher
commission for summing up of the data contained in the said protocols and
consequent transfer of this data to the commission that determines the vote
returns for the entire territory in which the election, the referendum was held
and that establishes the results of the relevant election, referendum,
including the commission organizing this election, referendum.
2. On the basis of the data
of the protocol of vote returns, and after a preliminary verification of their
correct execution, the higher commission shall determine the vote returns for
the relevant territory, district, subject of the Russian Federation, the
Russian Federation by summing up the data contained therein.
The receipt of protocols
from lower commissions, summing up of the data from these protocols, and
compilation of a protocol of vote returns for the relevant territory shall be
performed at the same premises, and all actions by the commission related to
the receipt of protocols from lower commissions, summing up of the data from
these protocols, and compilation of the protocol of vote returns shall be
within the fields of vision of the commission’s members and observers, other persons
indicated in Clause 3, Article 30 of this Federal Law. At the said premises
there shall be an enlarged form of the summary table for the relevant territory
into which the data from this protocol shall be entered and the time of the
entering be indicated, immediately after the arrival of the chairman, secretary
or another voting member of a lower commission with the first original copy of
the protocol of vote returns.
The chairman, secretary or
another voting member of a lower commission shall submit the first original
copy of the protocol of vote returns and the documents appended thereto to a
voting member of the higher commission who shall check the correctness of the
protocol’s execution, the completeness of the appended documents and the matching
of the control relationships.
If a protocol and/or
summary table of a lower commission were compiled in violation of the
requirements established by law for the compilation of a protocol and a summary
table, the said commission shall compile a new protocol and/or summary table in
accordance with the requirements of Clause 8 of this article, and the initially
submitted protocol and/or summary table shall be retained by the higher
commission.
If a protocol and/or
summary table of a lower commission were compiled in compliance with the
requirements established by law for the compilation of a protocol and a summary
table, a voting member of the higher commission shall enter the data from this
protocol into the summary table of the higher commission. The chairman,
secretary or another voting member of a lower commission that submitted the
protocol of vote returns to the member of the higher commission shall put his
signature in the enlarged form of the summary table under the data of the
protocol of vote returns of the relevant commission.
The summing up of the data
contained in protocols of vote returns of lower commissions shall be carried
out by voting members of the higher commission in person.
3. On the basis of the data
of the protocols of lower commissions, the higher commission shall compile a
summary table and a protocol of vote returns (on the results of the election,
referendum), whereto data shall be entered about the number of lower
commissions in the respective territory, in the district, the subject of the
Russian Federation, in the Russian Federation, the number of received protocols
of lower commissions on the basis of which the said protocol was compiled, and
the data summarized by lines of the protocol of vote returns of the precinct
commission set forth by Clause 2, Article 67 of this Federal Law. To sign its
protocol, the commission shall hold a mandatory final meeting at which any
grievances (statements) received by the commission and related to the conduct
of voting, vote counting, and execution of lower commissions’ protocols shall
be considered. After this, the commission shall sign a protocol of vote returns
(of the results of the election, referendum) and issue copies of this protocol
to persons referred to in Clause 3, Article 30 of this Federal Law. The
protocol of vote returns (of the results of the election, referendum) shall be
compiled in two original copies and signed by all present voting members of the
commission, and indicate the date and time (hour, minute) of its signing. Signing
of a protocol in violation of this procedure shall constitute grounds for
invalidating this protocol.
4. The protocols of vote
returns of the commissions referred to in Clause 1 of this article shall be
appended with a summary table of vote returns, compiled in two original copies,
for the relevant territory, district, subject of the Russian Federation, the
Russian Federation, which shall include full data from all protocols of vote
returns received by the relevant commission. A voting member of the commission
who dissents from a whole protocol or any part thereof may attach his
dissenting opinion to the protocol and this fact shall be noted in the
protocol.
5. The first original copy
of the protocol shall be appended with dissenting opinions of members of the
commission that compiled the protocol and any grievances (statements) against
violations of this Federal Law, another law received by the commission in the
period beginning on voting day and ending on the day of compilation of the
relevant protocol of vote returns, as well as decisions taken with regard to
such grievances (statements).
6. The second original copy
of the protocol of vote returns, together with the second original copy of the
summary table of vote returns, lists of non-voting members of the commission
that compiled the protocol, observers, other persons referred to in Clause 3,
Article 30 of this Federal Law who were present at the determination of vote
returns and at the preparation of the relevant protocols, as well as the other documents
provided for by this Federal Law shall be kept by the secretary of the said
commission and stored in a guarded room.
7. The second original copy
of the protocol of vote returns together with the second original copy of the
summary table of vote returns shall be provided for inspection and copying by
members of the commission that compiled the protocol, observers, other persons
referred to in Clause 3, Article 30 of this Federal Law, and a certified copy
of the protocol shall be displayed to the general public.
8. If after the protocol of
vote returns and/or summary table of vote returns were signed and their first
original copies were sent to the higher commission, the commission that sent
the protocol and the summary table, or a higher commission discover, in the
course of a preliminary inspection finds an inaccuracy (including a slip of the
pen, misprint, error in the summation of the data of protocols of territorial
election commissions), the commission that sent the protocol and the summary table
shall be entitled to consider, at its meeting, the question of making
corrections in the protocol and/or the summary table. The commission’s decision
shall be made known to its non-voting members, observers and other persons who
were present at the preparation of the previously approved protocol, and
members of the press. In such case, the commission shall compile a protocol of
vote returns marked with the word "Repeat." The said protocol shall
be promptly sent to the higher commission. The violation of the above procedure
of preparation of a repeat protocol shall constitute grounds for invalidating
this protocol.
9. If any mistakes,
discrepancies are discovered in protocols of vote returns and/or summary tables
of vote returns, if any doubts arise about the correctness of the compilation
of the protocols and/or summary tables received from a lower commission, the
higher commission shall be entitled, not later than one day before the
expiration of the period for determining the results of the election, referendum
established by law, to take a decision to conduct a recount the votes cast by
voters, referendum participants by the lower commission or a recount of the
votes cast by voters, referendum participants by this higher commission itself
for the relevant electoral precinct, referendum precinct, the relevant
territory. A recount of votes cast by voters, referendum participants shall be
conducted in the presence of voting member (members) of the higher commission
by the commission that compiled and approved the protocol that is subject to
the verification or the commission that made the decision to recount the votes
cast by voters, referendum participants, and non-voting members of the relevant
commission, observers, candidates, other persons indicated in Clause 3, Article
30 of this Federal Law who are entitled to attend a recount of votes cast by
voters, referendum participants shall receive mandatory notification of such
recount. On the basis of the results of the recount of votes cast by voters,
referendum participants, the commission that conducted such recount shall
compile a protocol of vote returns marked with the words "Vote
recount." Its certified copies shall be issued (copies certified) to
observers, other persons indicated in Clause 3, Article 30 of this Federal Law.
The protocol shall be sent to the higher commission forthwith.
Article 70. Procedure for Determination of the
Results of Elections, Referendums
1. On the basis of the
first original copies of the protocol of vote returns received from lower
commissions, a commission duly authorized by law shall establish the results of
the election, referendum. Voting members of such commission shall establish the
results of the election, referendum in person. The results of the election,
referendum shall be indicated in a protocol and a summary table that shall be
compiled in two original copies each and signed by all present voting members
of this commission.
2. An election shall be
declared by the relevant election commission not to have taken place if:
a) less than 20 percent of
voters included in the voters lists took part in the election. It may be
established by law that the said minimal percentage for elections of federal
bodies of state power, bodies of state power of subjects of the Russian Federation
be increased. The law of a subject of the Russian Federation may provide that
there shall be no minimal percentage of voters required for declaring an
election of deputies of representative bodies of local self-government to have
taken place;
b) in a single-seat or
single electoral district the number of votes cast for a candidate who gained
the largest number of votes as compared with the other candidate (candidates)
is less than the number of votes cast against all candidates;
c) less than two lists of
candidates, in voting for lists of candidates, received in accordance with law
the right to be included in the distribution of deputy seats;
d) in the voting for lists
of candidates the lists of candidates who received in accordance with the law
the right to be included in the distribution of deputy seats, gained together
50 percent or less than 50 percent of the votes cast;
e) all candidates were
removed as a result of a repeat voting;
f) in the case referred to
in the third paragraph, Clause 1, Article 71 of this Federal Law.
No any additional grounds
for declaring an election not to have taken place shall be established by law.
3. Sub-clause a), Clause 2
of this article shall not apply when a repeat voting is conducted with regard
to candidates who received the largest number of votes.
4. A law, save the case
stated in Clause 5 of this article and Clause 1, Article 71 of this Federal
Law, shall not contain any provisions that allow a possibility to declare a
candidate who gained the largest number of votes as not elected if the election
was declared to have taken place.
5. At elections in
multi-seat electoral districts in which a voter has the number of votes that is
not less than the number of seats in the electoral district, a candidate shall
be considered not elected if the number of votes cast for the candidate is less
than the number of votes cast against all candidates. At elections in
multi-seat electoral districts in which a voter has less votes than the number
of seats in the electoral district, a candidate shall be considered not elected
if the number of votes cast for the candidate is less than the calculated for
this electoral district number of votes cast against all candidates. The said
calculated number of votes cast against all candidates shall be determined as
the quotient of dividing the aggregate number of votes cast against all
candidates by the quotient of dividing the number of seats in the multi-seat
electoral district by the number of votes that a voter of this electoral
district has. If after tabulating the vote returns in multi-seat electoral
districts not all seats are taken, a repeat election shall be called with
regard to the vacant seats.
6. The relevant election
commission shall cancel its decision on declaring elected a candidate who
received the number of votes required to be elected or who is declared elected
as a result of voting for a list of candidates, if he fails to provide to the
relevant election commission, within seven days from the day of the official
publication of the general results of the election, a copy of the order
(instruction) relieving him from the duties incompatible with the status of a
deputy, elective official, or copies of documents certifying that, within three
days, he filed an application to be relived from such duties.
7. It may be provided for
by law that, if a candidate without compelling circumstances did not resign any
powers that are incompatible with the status of a deputy, elective official, as
a result of which a repeat election was called, this deputy must reimburse, in
full or in part, the relevant election commission for its costs related to the
conduct of the repeat election. Such law shall also contain a list of
circumstances under which such reimbursement shall not be made.
8. A referendum shall be
declared not to have taken place by the relevant referendum commission if not
more than half of the referendum participants included in referendum
participant lists took part in it on the territory where the referendum is conducted.
The relevant referendum commission shall declare that a decision has not been
adopted at a referendum if not more than half of the referendum participants
who took part in voting at the referendum voted for this decision. No other
grounds for declaring a referendum not to have taken place shall be established
by the law of a subject of the Russian Federation.
9. The relevant commission
shall declare vote returns, results of an election, a referendum of a subject
of the Russian Federation, a local referendum null and void:
a) if violations committed
when voting was conducted or vote returns were determined do not make it
possible to determine reliably the results of the expression of the will of the
voters, referendum participants;
b) if they were declared
null and void in some electoral precincts, referendum precincts where at the
time of the end of voting the lists of voters, referendum participants
aggregately contain not less than one fourth of the total number of voters,
referendum participants included in the lists of voters, referendum
participants at the time of the end of voting in the relevant electoral
district, referendum district;
c) in accordance with a
court decision.
10. Documentation of
commissions of all levels, including signature sheets with signatures of
voters, referendum participants, ballots, absentee certificates and lists of
voters, referendum participants shall be stored for the periods established by
law. Such periods established for safekeeping of signature sheets with signatures
of voters, referendum participants, ballots, absentee certificates and lists of
voters, referendum participants shall not be shorter than one year from the day
of the publication of vote returns and the results of an election, referendum.
Established periods for safekeeping of protocols of vote returns and summary
tables of vote returns of election commissions shall not be shorter than one
year from the day on which the next election of the same level is announced,
and those of referendum commissions, shorter than five years from the day of
publication of the vote returns. If any appeals against a commission’s decision
on vote returns, the results of an election, a referendum are considered by a
court, or any criminal action is initiated in relation to violation of
electoral rights, the right to participate in a referendum enjoyed by citizens
of the Russian Federation, the periods for safekeeping of the relevant
electoral documentation, referendum documentation shall be extended until the
court decision becomes effective (the case is dropped in accordance with the
law). The responsibility for safekeeping of electoral documentation, referendum
documentation shall be vested on the chairman (deputy chairman) and the
secretary of the relevant commission until the documents are submitted to the
higher commission or transferred to an archive.
11. The procedure for
safekeeping, transfer to an archive, and destruction of electoral
documentation, referendum documentation shall be approved by the Central Election
Commission of the Russian Federation, the election commissions of subjects of
the Russian Federation with the concurrence of the relevant state archive
authorities.
Article 71. Repeat Voting and Repeat Elections.
By-Elections
1. It may be established by
law that if more than two candidates were included in the ballot and none of
them received the number of votes required to be elected, the election
commission organizing the election shall call a repeat voting of two or more
candidates who received the largest number of votes. The organization and
conduct of a repeat voting, including the order in which information about the
candidates on whom repeat voting is to be conducted is arranged on the ballot
shall be carried in accordance with law.
At an election of the top
executive of a subject of the Russian Federation (the head of the highest
executive body of state power of a subject of the Russian Federation) the
registered candidate who received more than 50 percent of the votes cast shall
be considered elected. If the ballot contained more than two registered
candidates and none of them was elected top executive of a subject of the
Russian Federation (the head of the highest executive body of state power of a
subject of the Russian Federation), a repeat voting on two registered
candidates who received the largest number of votes shall be called.
If a repeat voting is
provided for by law, and the ballot of the main election contained two
candidates and neither of them has received the number of votes required to be
elected, the relevant election commission shall declare the election not to
have taken place.
2. The candidate who
received in the repeat voting the greater number of votes shall be considered
elected in the repeat voting, provided that the number of votes received by the
candidate who received the greater number is greater than the number of votes
cast against all candidates.
3. If a candidate on whom
the repeat voting is to be conducted has withdrawn his candidature or otherwise
has ceased to be a candidate before voting day, on the basis of a decision
taken by the election commission that determines the results of the election
his place shall be passed on to the next, by the number of received votes,
candidate who previously took part in the said election. If all other
candidates have ceased to be candidates, the repeat voting shall be conducted
on the one remaining candidate. In this case, the candidate shall be considered
elected if he received at least 50 percent of the votes cast.
4. If all candidates cease
to be candidates, a repeat election shall be held within a period not exceeding
six months. In this case, the periods of electoral actions may be reduced but
not more than by one third.
5. If an election was
declared not to have taken place, null and void or if a candidate elected in a
single-seat or multi-seat electoral district failed to resign his duties
incompatible with the status of a deputy, an elective official, a repeat
election shall be called in the procedure and within the period established by
law. If the composition of the relevant legislative (representative) body of
state power, representative body of local self-government is such that it is
not competent to exercise its powers, a repeat election of deputies, elective
officials shall be held not later than four months after the day on which the
election was declared not to have taken place, null and void. In other cases, a
repeat election shall be held not later than one year from the day on which the
election was declared not to have taken place, null and void. At a repeat
election, the periods of electoral actions may, by a decision of the relevant
election commission, be reduced by one third. The decision to call a repeat
election shall be officially published not later than three days after the day
when it was taken.
6. In the case referred to
in Clause 5, Article 70 of this Federal Law, the election commission organizing
the election shall, in the procedure established by law, call a repeat election
in the electoral district.
7. If a repeat election is
called, the election commission organizing the election shall issue orders to
either extend the term of powers of the precinct election commissions or form
precinct election commissions with new members.
8. If powers of a deputy
elected in a single-seat electoral district are terminated earlier, a
by-election shall be called in the electoral district. The voting at a
by-election shall be held not later than one year after the day of early
termination of powers of such deputy.
9. If powers of a deputy
elected in a multi-seat electoral district are terminated earlier, a
by-election shall be called and conducted in the procedure specified in Clause
8 of this article, if less than two thirds of deputy seats in the district are
occupied. Other reasons for holding a by-election in a multi-seat electoral
district to replace a deputy whose powers have been terminated may be
established by law.
10. A repeat and/or
by-election shall be called or conducted if, as a result of this election, a
deputy cannot be elected for a term exceeding one year.
11. It may be established
by law that if a repeat election conducted within the time limits established
by law was declared not to have taken place on the grounds stated in sub-Clause
a) or b), Clause 2, Article 70 of this Federal Law, the next repeat election
may be postponed for a period not exceeding two years.
12. If powers of more than
one deputies are terminated in a period when by-elections shall not be held in
accordance with Clause 10 of this article, and if the composition of the
legislative (representative) body of state power, body of local self-government
is such that it is not competent to exercise its powers, a new regular election
shall be held.
13. No procedure may be
established by law providing for that, if a decision to register a deputy
elected in a single-seat or multi-seat electoral district, an elective official
is cancelled, or if powers of such deputy or elective official are terminated
before the expiration of his term, the election commission shall take a
decision to register the candidate who received the next greatest number of
votes as such deputy, elective official.
Article 72. Publication of Vote Returns and
Results of Election, Referendum
1. The vote returns for
each electoral district, referendum district, the territory within the area of
responsibility of the commission, referendum results within the scope of the
data contained in its protocol of vote returns and protocol of vote returns of
the commissions of the next lower level shall be made available by the
commission for inspection to voters, referendum participants, candidates,
authorized persons of candidates, electoral associations, electoral blocs,
authorized representatives of the referendum initiative group, observers,
foreign (international) observers, members of the press at their request.
2. Election commissions
that registered candidates (lists of candidates), referendum commissions that
determine referendum results shall send the general data on the election
results, referendum results to mass media within one day after the election
results, referendum results are determined.
3. The general results of
an election, a referendum, and information about the number of votes received
by each candidate (list of candidates), votes cast against all candidates
(lists of candidates), votes of referendum participants cast for the options
"Yes" and "No" shall be officially published by the
relevant commission in the procedure and at the time provided for by law but
not later than one month after voting day.
4. Commissions of all
levels, with the exception of precinct commissions, shall publish (make public)
the data contained in the protocols of vote returns and protocols of the results
of an election, a referendum of commissions of the relevant levels and the data
contained in the protocols of vote returns and protocols of the results of an
election, a referendum of commissions of the next lower level on the basis of
which the vote returns, the results of the election, the referendum were
determined by the relevant commissions. The publication of the data listed
above and contained in the protocols of election commissions that operated
within the territory of the electoral district may be assigned by law to the
relevant district election commission or to the election commission of the
subject of the Russian Federation. The complete data on the results of an
election of federal bodies of state power, a referendum of the Russian Federation
shall be officially published within three months after voting day. The
complete data on the results of an election of bodies of state power of a
subject of the Russian Federation, bodies of local self-government, a
referendum of a subject of the Russian Federation, a local referendum shall be
officially published within two months after voting day. Within three months
after the day of the official publication of the complete data on the results
of an election of bodies of state power, a referendum of the Russian
Federation, a referendum of a subject of the Russian Federation, the data
contained in the protocols of vote returns of all commissions and in protocols
of election results, referendum results of all commissions shall be displayed
in the public information/telecommunication network "Internet."
Article 73. Legal Effect of Decision Adopted at
Referendum
1. A decision adopted at a
referendum shall be binding and shall not need any additional approval.
2. A decision adopted at a
referendum of the Russian Federation shall have effect in the entire territory
of the Russian Federation.
3. A decision adopted at a
referendum of a subject of the Russian Federation shall have effect on the
territory of this subject of the Russian Federation.
4. A decision adopted at a
local referendum shall have effect on the territory of the relevant
municipality.
5. A decision adopted at a
referendum of a subject of the Russian Federation, a local referendum shall be
registered, respectively, with the body of state power of the subject of the
Russian Federation, the body of local self-government in the procedure
established for registration of regulatory legal acts of the respective level.
6. A decision adopted at a
referendum of a subject of the Russian Federation, a local referendum may be
cancelled or changed by adopting a different decision at a referendum of the
subject of the Russian Federation, a local referendum, respectively, but not
earlier than two years after the initial decision was adopted, or if the initial
decision was declared null and void (having no effect) by a court. If a
regulatory act was adopted at a referendum of a subject of the Russian
Federation, a local referendum, such act may be modified in the procedure
established by the said act. If such procedure is not established,
modifications may be also introduced in the procedure provided for the
introduction of modifications to a relevant regulatory act, but not earlier
than five years after the relevant decision was adopted at the referendum.
7. A decision made at a
referendum of a subject of the Russian Federation, a local referendum may be
cancelled by a court on the following grounds:
the procedure for
conducting a referendum of a subject of the Russian Federation, a local
referendum established by this Federal Law, the law of a subject of the Russian
Federation, the charter of a municipality has been violated, that made it
impossible to establish the real will of referendum participants;
the law of a subject of the
Russian Federation on the basis of which the referendum of the subject of the
Russian Federation was conducted failed to comply with the Constitution of the
Russian Federation, the federal law effective at the time when the referendum
was conducted, the law of a subject of the Russian Federation, the charter of a
municipality on the basis of which the local referendum was conducted failed to
comply with the Constitution of the Russian Federation, the federal law, the
law of a subject of the Russian Federation effective at the time when the
referendum was conducted, that made it impossible to establish the real will of
referendum participants;
the decision made at a
referendum of a subject of the Russian Federation, a local referendum fails to
comply with the Constitution of the Russian Federation, the federal law, and
for a local referendum with the law of the subject of the Russian Federation.
8. If the results of a
referendum have been declared null and void, the commission organizing voting
at a referendum shall call a repeat voting.
9. If to implement the
decision made at a referendum an additional law, regulatory act is required,
the federal body of state power, the body of state power of a subject of the
Russian Federation, the body of local self-government within the competence of
which such issue falls, shall determine the time term for the preparation
and/or adoption of this law, regulatory act within 15 days from the day when
the decision adopted at the referendum came into effect. The said time term
shall not exceed one year.
10. If after conducting a
referendum of a subject of the Russian Federation on a question that falls
within joint competence of the Russian Federation and the subject of the
Russian Federation, the federal law that governs this issue has become effective,
the decision made at the referendum and not complying with this Federal Law
shall not be applicable.
Article 74. Use of State Automated Information
System at Election, Referendum
1. In the course of
preparation and conduct of an election, referendum, and in order to exercise
other powers of commissions in support of the electoral rights and the right of
citizens of the Russian Federation to participate in a referendum, use shall be
made only of the state automated information system in the procedure established
by this Federal Law, other federal laws. The requirements to the state
automated information system and to its operation and upgrading shall be
established by the federal law, and to the extent such requirements are not
covered by the federal law - by the Central Election Commission of the Russian
Federation.
2. The staff composition of
each election commission of a subject of the Russian Federation shall include,
as its structural element, the information center of the election commission of
the subject of the Russian Federation, the functions of which shall include
technical and information support of the activities of the election commission
of the subject of the Russian Federation, automation of information processes
implemented in the course of preparation and conduct of elections, referendums
on the territory of the subject of the Russian Federation, operation and
upgrading of that part of the state automated information system operating on
the territory of this subject of the Russian Federation. Employees of the said
information center shall arrange and perform work related to the operation and
upgrading of the state automated information system within the entire territory
of the subject of the Russian Federation, including territorial commissions.
3. When at an election,
referendum of the relevant level the state automated information system
(individual components thereof) is used in accordance with the law for, among
other things, registration of voters, referendum participants, preparation of
lists of voters, referendum participants, counting of votes cast by voters,
referendum participants, determination of vote returns and results of the
election, referendum, the relevant commission shall established a group
consisting of voting and non-voting members to exercise control over the use of
the state automated information system (individual components thereof). All
members of the commission, observers shall be entitled to get any information
contained in the state automated information system for examination.
4. From the commencement of
voting and till the time when the protocol of vote returns (the protocol of
results of the election, the referendum) is signed by the relevant commission,
the state automated information system shall be used to watch the progress of
voting and detrermination of the vote returns through transmitting the data
from lower commissions to higher commissions, and individual technical
components of the system shall be used to count votes cast by voters,
referendum participants. The data on the progress of voting and determination
of vote returns that is obtained through the state automated information system
(individual components thereof) shall be regarded as preliminary and legally
ineffective information unless otherwise provided by this Federal Law, another
law.
5. When the state automated
information system (individual components thereof) is used at an election, a
referendum, the data about participation of voters, referendum participants in
the election, referendum, about interim and final vote returns shall be
accessible in real time (in the read-only mode) to users of the public
information/telecommunication network "Internet." The procedure and
the time of the provision of such data shall not conflict with the requirements
of the legislation governing elections and referendums.
Chapter X. Actions in Response to Violations of Electoral Rights and the
Right of Citizens of the Russian Federation to Participate in a Referendum and
the Responsibility for Violation of the Legislation Governing Elections and
Referendums
Article 75. Appealing against decisions and
actions (omissions) that violate electoral rights and the right of citizens of
the Russian Federation to participate in a referendum
1. Appeals against decisions
and actions (omissions) of bodies of state power, of bodies of local
self-government, public associations and officials, as well as against
decisions and actions (omissions) of commissions and their officials that
violate electoral rights of citizens and the right of citizens to participate
in a referendum may be submitted to a court.
2. Appeals against
decisions and actions (omissions) of the Central Election Commission of the
Russian Federation shall be submitted to the Supreme Court of the Russian Federation,
appeals against decisions and actions (omissions) of the election commissions
of subjects of the Russian Federation, district election commissions at
elections of federal bodies of state power, district election commissions at
elections of legislative (representative) bodies of state power of subjects of
the Russian Federation shall be submitted to the supreme courts of the
republics, regional courts, courts of cities of federal significance, courts of
autonomous regions and districts, appeals against actions or omissions of the
other commissions shall be submitted to district courts.
3. Court decisions shall be
binding on the relevant commissions.
4. Appeals against
decisions of commissions about vote returns, results of an election, referendum
shall be submitted to courts of the relevant level in accordance with the
jurisdictions set forth in Clause 2 of this article. A court of the appropriate
level shall consider on the substance not only the actions (omissions) of the
election commission organizing the election, the relevant referendum
commission, but also the actions (omissions) of all lower commissions that
participated in the organization and conduct of the election, referendum in
accordance with the law, if violations committed by such commissions could
affect the results of the election, referendum.
5. In the circumstances
established by this Federal Law, another law, a court may annul the decision of
a relevant commission on vote returns, results of an election, referendum or
another decision of the commission.
6. Appeals against
decisions and actions (omissions) of commissions and their officials that
violated electoral rights of citizens and the right of citizens to participate
in a referendum may be submitted to the commission of the next higher level
which shall, without forwarding the appeal to the lower commission, with the
exception of the case when the circumstances stated in the appeal were not
considered by the lower commission, consider the appeal and make one of the
following decisions:
а) leave the appeal
without remedy;
b) cancel the disputed
decision in full or in part (declare an action (omission) illegal) and make a
decision on the substance;
c) cancel the disputed
decision in full or in part (declare an action (omission) illegal) and demand
the lower commission to reconsider the issue and make a decision on the
substance (perform a certain action).
7. Appeals against
decisions or actions (omissions) of the municipality election commission or an
official thereof that violate electoral rights of citizens and the right of
citizens to participate in a referendum may be submitted to the election
commission of the subject of the Russian Federation, and appeals against
decisions or actions (omissions) of the election commission of a subject of the
Russian Federation or an official thereof that violate electoral rights of
citizens and the right of citizens to participate in a referendum shall be
submitted to the Central Election Commission of the Russian Federation. The
election commission of the subject of the Russian Federation, the Central
Election Commission of the Russian Federation shall take a decision in
accordance with Clause 6 of this article.
8. A prior application to a
higher commission, the election commission of a subject of the Russian
Federation, the Central Election Commission of the Russian Federation shall not
be a prerequisite for submitting an appeal in court.
9. If an appeal is accepted
for consideration by a court, and the same person applies to the relevant
commission with a similar appeal, this commission shall suspend consideration
of the appeal until the court decision becomes effective. The court shall
notify the commission that such appeal is received and accepted for consideration.
If the court makes a decision on the substance of the appeal, the commission
shall terminate the consideration of the appeal.
10. Appeals against
decisions and actions (omissions) that violate electoral rights of citizens and
the right of citizens to participate in a referendum may be submitted by
voters, referendum participants, candidates, their agents, electoral
associations, electoral blocs and their agents, other public associations, a
referendum initiative group, observers, and commissions. If violations referred
to in such appeal (appeals) affect a significant number of citizens or became
due to other circumstances of a particular public significance, the Central
Election Commission of the Russian Federation shall be entitled to apply to the
Supreme Court of the Russian Federation which shall consider the appeal on the
substance.
11. Courts and bodies of
prosecution shall organize their work (including on days-off) so as to ensure
timely consideration of appeals and grievances.
12. When grievances
(appeals) are considered, and in other cases when an issue of violation of
electoral rights of citizens and the right of citizens to participate in a
referendum is considered, the concerned parties (the authors of the grievances
(appeals), persons whose actions (omissions) are considered) shall be invited
to the meeting of the commission.
Article 76. Grounds for Annulment, Cancellation
of Registration of Candidates, List of Candidates, Cancellation of Registration
of Referendum Initiative Group
1. The decision of an
election commission to register a candidate shall be annulled by the higher
commission if the requirement of Clause 19, Article 38 of this Federal Law is
not complied with. In this case, all decisions to register a candidate shall be
annulled with the exception of the first one.
2. Registration of a
candidate (list of candidates) shall be annulled by a decision of the election
commission which registered the candidate (list of candidates) on the basis of
a statement of the candidate that he withdraws his candidature, decision of an
electoral association, electoral bloc to recall a candidate (list of
candidates), to be submitted to this election commission in accordance with
Clause 27 or 28, Article 38 of this Federal Law.
3. Registration of a
candidate shall be annulled by the election commission that registered the
candidate if the candidates is disfranchised of a passive electoral right.
4. Registration of a list
of candidates shall be annulled if the number of candidates, who were removed
from the list of candidates on the basis of the statements of candidates about
withdrawal of their candidatures, by a decision of an electoral association,
electoral bloc to remove candidates from the list of candidates (save the cases
where candidates were removed owing to compelling circumstances) and by a
decision of an election commission to remove candidates from the list of
candidates on the grounds indicated in Clause 23, Article 38 of this Federal
Law, exceeds 25 percent of the number of candidates in a certified list of
candidates.
5. Registration of a
candidate (list of candidates) may be cancelled by a court on the basis of an
application of an election commission which registered the candidate (list of
candidates), on the basis of an application of a candidate registered in the
same electoral district, application of an electoral association, electoral
bloc a list of which was registered in the same electoral district in the
following cases:
a) new circumstances have
come to light, which constitute a ground for refusal of registration in
accordance with Clause 23, Article 38 of this Federal Law;
b) in order to achieve a
definite result at the election, a candidate, an electoral association,
electoral bloc, their authorized representatives have used financial resources
other than those of their own electoral fund in an amount exceeding by more
than 5 percent the maximum limit of all expenditures from an electoral fund
established by law or in the event of exceeding by more than 5 percent of the maximum
limit of all expenditures from an electoral fund established by law;
c) a candidate, leader of
an electoral association, electoral bloc have taken advantage of their office
or official position ;
d) it has been established
that voters were bribed by candidates, electoral associations, electoral blocs,
their authorized representatives or agents or by some other persons or
organizations acting on the instructions of candidates, electoral associations,
electoral blocs, their agents or authorized representatives;
e) a candidate, an
electoral association, electoral bloc has violated the requirements of Clause
1, Article 56 of this Federal Law;
f) it has been established
that a candidate concealed the information about his conviction or foreign
citizenship (if such fact has been established in respect of a candidate on a
list of candidates it may constitute a reason only for removal of this
candidate from the list of candidates);
6. Registration of a
referendum initiative group, another referendum participant group may be
cancelled by a court on the basis of an application of a commission organizing
the referendum not later than three days before voting day in the following
cases:
a) the rules for advancing
of a referendum initiative were violated;
b) members and/or
authorized representatives of the referendum initiative group, another
referendum participant group violated the rules of referendum campaigning or
the rules of funding a referendum campaign;
c) members and/or
authorized representatives of the referendum initiative group, another
referendum participant group have taken advantage of their office or official
position;
d) it has been established
that referendum participants were bribed by members and/or authorized
representatives of the referendum initiative group, another referendum
participant group;
e) there are other grounds
established by this Federal Law, other law.
Article 77. Annulment of Decision on Vote
Returns, Election Results, Referendum Results
1. In the event any
violations of this Federal Law, another law governing the conduct of the
relevant election, referendum have been committed when voting was conducted or
vote returns were determined, the higher commission, before it determines the
vote returns, election results, referendum results, may annul the decision of a
lower commission on the vote returns, election results, referendum results and
order a vote recount or, if the violations do not make it possible to determine
reliably the results of the expression of the will of voters, referendum
participants, declare the vote returns, election results, referendum results
null and void.
2. A court may annul the
decision of an election commission on the results of the relevant election
after these results were established, on the basis of the following facts as
established by the court:
a) the sums, expended by a
candidate declared elected, an electoral association, electoral bloc whose
lists of candidates were included in the distribution of deputy seats, on their
election campaign from sources other than their electoral funds exceeded,
respectively, 10 percent of the maximum limit of all expenditures from an
electoral fund of a candidate or 10 percent of the maximum limit of all
expenditures from an electoral fund of an electoral association, electoral bloc
established by law;
b) a candidate declared
elected, an electoral association, electoral bloc whose federal lists of
candidates were included in the distribution of deputy seats bribed voters and
this infraction does not make it possible to establish the real will of voters;
c) in the course of
election campaigning a candidate declared elected, an electoral association,
electoral bloc whose lists of candidates were included in the distribution of
deputy seats failed to comply with the requirements of Clause 1, Article 56 of
this Federal Law and this infraction does not make it possible to establish the
real will of voters;
d) a candidate declared
elected, a leader of an electoral association, electoral bloc whose lists of
candidates were included in the distribution of deputy seats took advantage of
their office or official position and this infraction does not make it possible
to establish the real will of voters.
3. A court of an
appropriate level may also annul a decision of an election commission on the
vote returns and election results in an electoral precinct, territory,
electoral district, a municipality, in a subject of the Russian Federation, in
the whole of the Russian Federation if infractions were committed in respect of
the rules for the preparation of voters lists, procedures for the formation of
election commissions, voting and vote counting procedures (including
interference with their monitoring), establishment of election results, if a
candidate, federal list of candidates were unlawfully refused registration and
this fact was admitted after voting day, and in the event of other violations
of electoral laws, provided such infractions and violations do not make it
possible to establish the real will of the voters.
4. A court of an
appropriate level may annul a decision of the referendum commission of a
subject of the Russian Federation, a local referendum commission on the vote
returns and the referendum results if infractions were committed in respect of
the rules for the preparation of referendum participant lists, procedures for
the formation of referendum commissions, rules of campaigning and funding a
referendum campaign, if members and authorized representatives of the
referendum initiative group, leaders of public associations took advantage of
their official position in order to obtain a desired answer to the question put
for the referendum, if facts of bribing referendum participants by these
persons and public association for the same purpose have been established, if
infractions were committed in respect of voting and vote counting procedures
(including interference with their monitoring), and in the event of other
violations of referendum laws and regulations, provided such infractions and
violations do not make it possible to establish the real will of the referendum
participants.
5. A decision on vote
returns, election results shall not be annulled because of violations of this
Federal Law which were conducive to the election of, or which aimed at
encouraging or encouraged voters to vote for, candidates who have not been
elected according to the vote returns or for lists of candidates which have not
been included in the distribution of deputy seats.
6. Annulment of a decision
on election results by an election commission or a court in the cases where
infractions committed do not make it possible to determine reliably the voters'
will shall cause the election results in this electoral district to be declared
null and void.
7. At an election in a
multi-seat electoral district, violations referred to in Clause 2 of this
article if committed by individual candidates may cause the annulment of the
decision on the results of the election only in relation to these candidates.
8. When voting were
conducted on lists of candidates, violations committed by individual electoral
associations, electoral blocs referred to in Clause 2 of this article may cause
that the decision to include these electoral associations, electoral blocs in
distribution of deputy seats and to re-distribute deputy seats be annulled.
9. Annulment of a decision
on the results of a referendum by a court, in the cases when infractions
committed do not make it possible to determine reliably the referendum
participants’ will shall cause the referendum results be declared null and
void.
10. If vote returns in some
electoral precinct, referendum precinct are declared null and void and this
results in the reversal of a decision to declare a candidate elected or in a
redistribution of deputy seats, changes in the decision on the referendum
results, all higher commissions shall prepare new protocols. In the other cases
alterations shall be made in the previously prepared protocols.
Article 78. Time of Submission and
Consideration of Grievances and Statements
1. A court of the
appropriate level shall not deny acceptance of a grievance against a violation
of electoral rights, the right of citizens of the Russian Federation to
participate in a referendum.
2. An appeal against a
decision of a commission about registration, refusal to register a candidate
(list of candidates), a referendum initiative group, another referendum
participant group may be submitted within ten days after the decision that is
appealed against was made. This period shall not be restored (extended).
3. After the publication of
the results of an election, a referendum, a grievance against a violation of
the electoral rights of citizens and the right of citizens to participate in a
referendum that occurred in the period of the election campaign, a referendum
campaign may be submitted to a court within one year after the day of
publication of the results of the relevant election, referendum.
4. A decision on grievances
received in the period of an election campaign, a referendum campaign shall be
adopted within five days but not later than the day preceding voting day, and
immediately if received on voting day or the day following voting day. If the
facts stated in the grievances require additional verification, decisions on
them shall be taken within ten days. A court shall make a decision with regard
to an appeal against a commission’s decision on vote returns, the results of an
election, referendum within two months after the day on which the appeal was
submitted.
5. An application for
annulment of registration of a candidate, a list of candidates may be submitted
to a court not later than eight days before voting day (including repeat voting
day). The court shall take a decision not later than five days before voting day.
Article 79. Responsibility for the Violation of
Russian Federation Laws on Elections, Referendums
1. Persons who falsify vote
returns shall bear criminal responsibility in accordance with the federal laws.
In this Federal Law the
falsification of vote returns shall be construed as follows:
adding unregistered ballots
to the ballots used in voting;
knowingly incorrect
preparation of lists of voters, referendum participants, entering persons who
are not entitled to an active electoral right, right to participate in a
referendum, or fictitious persons into such lists;
substitution of valid
ballots;
unlawful destruction of
official ballots;
knowingly incorrect
counting of votes cast by voters, referendum participants;
signing, by commission
members, of a protocol of vote returns before the votes have been counted or
the vote returns have been determined, knowingly incorrect (deviant from the
actual vote returns) preparation of a protocol of vote returns ;
introduction of changes to
a protocol of vote returns after its completion (save the case referred to in
Clause 10, Article 77 of this Federal Law).
2. Persons who by violence,
deception, threat, forgery or otherwise prevent a citizen of the
or violating the procedure
established by this Federal Law for provision of information about voters,
referendum participants or lists of voters, referendum participants,
or taking advantage of
their office or official position in the period of an election campaign, a
referendum campaign,
or violating the rules of
funding an election campaign, a referendum campaign, including persons who
remit funds to commissions, candidates, electoral associations, electoral
blocs, referendum initiative groups, other referendum participant groups in an
untimely manner,
or officials of bodies of
state power who failed to verify, at the request of commissions, information
about violations of this Federal Law, another law, or failed to take measures
aimed at restraining such violations,
or officials conducting an
election campaign, referendum campaign in violation of the rules established by
this Federal Law,
or persons rendering
financial (material) support to candidates, electoral associations, electoral
blocs, to the activities of a referendum initiative group, another referendum
participant group from sources other than their electoral funds, referendum
funds;
or compelling citizens to
put their signatures in support of a candidate, an electoral association,
electoral bloc, a referendum initiative, or obstructing them in their doing so,
as well as persons involved in forging such signatures;
or producing illegal
pressruns of ballots,
or unlawfully interfering
with the operation of the state automated information system;
or bribing voters,
referendum participants, i.e. performing actions prohibited by Clause 2,
Article 56 of this Federal Law;
or denying a leave for
participation in an election, a referendum provided for by law,
or officials who organize
signature collection and/or an election campaign, a referendum campaign, other
activities conducive to nomination and/or election of candidates, advancement
and/or support of a referendum initiative, obtaining this or that answer to the
question of a referendum by their subordinate state or municipal employees in
their official hours or when they travel on missions,
or officials who failed to
create conditions for conducting mass rallies, provided that such duty is
assigned to them by law,
or persons who obstruct the
operation of commission or activities of commission members that are related to
the exercise of their responsibilities, or illegally interfering in such
operation or activities, including persons compelling others to refuse to be
appointed member of a commission,
or compelling voters,
referendum participants to vote against their own choice,
or voters, referendum
participants who knowingly stated untrue reason for receiving a ballot in their
applications for early voting,
or persons who violated the
right of citizens to examine the list of voters, referendum participants, as
well as persons who failed to consider, within the legal period, statements
about an inaccuracy in a list of voters, referendum participants,
or who concealed a
remaining part of a pressrun of produced ballots,
or obstructing the
monitoring and supervision exercised by persons referred to in Clause 3,
Article 30 of this Federal Law,
or refusing to provide, in
the procedure established by this Federal Law, either voting members or
non-voting members of a commission with copies of the commission’s documents
directly related to the election, referendum,
or violating the secrecy of
voting,
or who issued ballots to citizens
in order to provide to them an opportunity to vote for other persons or cast
more than one vote in the same voting,
or who gave (issued)
pre-marked ballots to citizens,
or interfering with voting
in electoral precincts, referendum precincts,
or violating the procedure
of early voting,
or violating the procedure
of voting outside the polling station,
or compelling commission
members to falsify vote returns,
or preventing non-voting
members of a commission from being among voting members of the commission near
the places where ballots are being sorted out and votes cast by voters,
referendum participants are being counted,
or preventing either voting
members or non-voting members of the commission from exercising their right to
make sure on the basis of the lists of voters, referendum participants that the
number of persons who participated in voting is counted correctly and the
ballots were correctly sorted out according to candidates, electoral
associations, electoral blocs, options for answering the question of the
referendum,
or violating the procedure
of counting votes cast by voters, referendum participants established by this
Federal Law, including the ballot sorting out procedure, or the procedure for
determining the vote returns,
or who committed
falsification of electoral documents, referendum documents, who knowingly
compiled and issued false documents,
or not issuing a copy of
the protocol of vote returns to persons specified in Clause 3, Article 30 of
this Federal Law,
or refusing to hold the
final meeting of a commission on the vote returns at an election, a referendum,
or who failed to provide
(provided incompletely) or failed to publish information about vote returns in
defiance of the duties assigned to them,
or failing to provide or
publish reports on expenditure of funds for the preparation and conduct of an
election, a referendum, and reports on expenditure of budgetary funds for an
election, a referendum,
or who provided incomplete
or inaccurate financial reports of candidates, electoral associations,
electoral blocs, a referendum initiative group,
or knowingly disseminating
false information about candidates or committing other actions defaming the
honor and dignity of candidates,
or violating the rules of
election campaigning, referendum campaigning, including persons conducting
campaigning on the day preceding voting day, and on voting day, and persons
conducting campaigning in spite of being prohibited from doing so by law,
or violating the rules of
publication (making public) of the results of public opinion polls related to
an election, a referendum,
or violating the rules of
production and displaying of propaganda materials,
or mass media organizations
participating in election campaigning, referendum campaigning, who failed to
publish information about the size and the other terms and conditions of
payment for their air time, space in print media,
or not complying with the
requirements to the conduct of election campaigning, referendum campaigning:
in terms of the payment
size and procedure,
in terms of the amount and
timing of the provided air time or the amount and location of the space in
print media,
or giving preference in
information bulletins containing reports of election campaigning events, events
related to a referendum to a certain candidate, electoral association,
electoral bloc, the referendum initiative group, another referendum participant
group,
or accepting illegal
payment for transmission or publication of an information block, -
shall bear criminal,
administrative or other responsibility in accordance with the federal laws.
3. The failure to perform
or improper performance of decisions adopted at a referendum, shall entail
responsibility in accordance with the federal laws.
Chapter XI. Concluding and
Transitional Provisions
Article 80. Entry into Force of this Federal
Law
1. This Federal Law shall
enter into force nine days after its official publication and shall not apply
to legal relations that arose in relation to the conduct of elections and
referendums called before it entered into force.
2. It shall be established
that Federal Law No. 124-FZ of September 19, 1997 "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum" (Collection of Laws of the Russian
Federation, 1997, No. 38, art. 4339; 1999, No. 14, art. 165; 2001, No. 29, art.
2944) shall apply only to legal relations that emerged in relation to conduct
of elections and referendums called before this Federal Law entered into force.
It shall be established that Federal Law No. 124-FZ of September 19, 1997
"On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum" shall cease to be in
force in the procedure specified in Clause 3 of this article.
3. Upon expiration of six
months from the day when this Federal Law enters into force, the following
shall cease to be in force:
Federal Law No. 124-FZ of
September 19, 1997 "On Basic Guarantees of Electoral Rights and the Right
of Citizens of the Russian Federation to Participate in a Referendum"
(Collection of Laws of the Russian Federation, 1997, No. 38, art. 4339);
Federal Law No. 55-FZ of
March 30, 1999 "On Introduction of Amendments and Additions in the federal
law 'On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum'" (Collection of Laws of
the Russian Federation, 1999, No. 14, art. 1653);
Article 1 of the Federal
Law No. 89-FZ of July 10, 2001 "On Introduction of Amendments and
Additions in the federal laws 'On Basic Guarantees of Electoral Rights and the
Right of Citizens of the Russian Federation to Participate in a Referendum' and
'On the Election of Deputies of the State Duma of the Federal Assembly of the
Russian Federation'" (Collection of Laws of the Russian Federation, 2001,
No. 29, art. 2944);
4. Article 18 of this
Federal Law shall not apply to elections of deputies of the House of
Representatives of the Parliament of the Union State of the first convocation
from the Russian Federation conducted under the federal law.
5. If the legislation of a
subject of the Russian Federation do not comply with Clause 16, Article 35 of
this Federal Law, the said clause shall not apply to elections in this subject
of the Russian Federation called before July 14, 2003. Within the said period,
the legislation of the subject of the Russian Federation shall be brought into
compliance with Clause 16, Article 35 of this Federal Law. The said period
shall not apply if less than three regional branches of political parties are
registered on the territory of the subject of the Russian Federation, and the
legislation of such subject of the Russian Federation shall be brought into
compliance with Clause 16, Article 35 of this Federal Law before the expiration
of one month from the day on which regional branches of at least three
political parties are registered. The legislation of a subject of the Russian
Federation may also be brought into compliance with Clause 16, Article 35 of
this Federal Law before the expiration of the above periods.
6. Clause 16, Article 38 of
this Federal Law shall enter into effect after the conduct of the first, after
entering into force of this Federal Law, election of deputies of the State Duma
of the Federal Assembly of the Russian Federation.
Article 81. Transitional Provisions
1. Election commissions
formed before this Federal Law entered into force, with the exception of those
referred to in Clause 1, Article 85 of this Federal Law, shall retain their
powers until the expiration of the period for which they were formed, but for
not more than five years from the day of their formation. Vacant seats in
election commissions shall be occupied in a procedure established by this
Federal Law.
2. Until the Government of
the Russian Federation adopts an act determining the form and the procedure of
making a certificate to be issued to citizens of the Russian Federation held in
custody in places where suspects and defendants are held for their
participation in voting, the existing procedure for participation in voting
shall be applicable to the said category of persons.
Article 82. On Combination of Elections
1. For the purposes of
holding on the same day the voting at an election of bodies of state power of
the subject of the Russian Federation and the voting at an election of federal
bodies of state power or at other elections conducted on the territory of the
Russian Federation as a whole, the terms of powers of bodies of state power of
the subject of the Russian Federation may be extended or cut off by not more
than one year.
2. For the purposes of
holding on the same day the voting at elections of bodies of state power of one
subject of the Russian Federation, the term of powers of one of the bodies of
state power of the subject of the Russian Federation may be extended or cut off
by not more than one year.
3. For the purposes of
holding on the same day the voting at elections of bodies of local
self-government of one and the same municipality, and for the purpose of
holding on the same day the voting at an election of bodies of local
self-government and at an election of bodies of state power of the subject of
the Russian Federation in one subject of the Russian Federation, or at an
election of federal bodies of state power, or at another election conducted on
the territory of the Russian Federation as a whole, the term of powers of such
bodies of local self-government may be extended or cut off by not more than one
year.
4. The extension or cutting
off of the term of powers of a body of state power of a subject of the Russian
Federation provided for by Clauses 1 and 2 of this article shall be effected by
means of a law of the subject of the Russian Federation. The extension or
cutting off of the term of powers of a body of local self-government provided
for by Clause 3 of this article shall be effected by means of a regulatory act
of the municipality. Such extension or cutting off shall be made known to the
Central Election Commission of the Russian Federation. Elections of bodies of
state power of a subject of the Russian Federation, bodies of local
self-government, the terms of powers of which are thus extended or cut off
shall be held before May 1, 2004. Funding of such elections shall be effected
from the relevant budgets.
Article 83. Guarantees of Performance of
Electoral Functions by Officials of Local Self-Government
If there is no office of
the head of a municipality and the municipal unit has no representative body of
local self-government or if a representative body of local self-government has
not appointed a person authorized to perform electoral actions under this
Federal Law, or if the said persons have failed to perform such actions within
the periods required by this Federal Law, such electoral actions shall be
performed by the highest official of the subject of the Russian Federation (the
head of the executive body of state power of a Russian Federation subject) or
by some other official appointed by him.
Article 84. On Participation of Political
Public Associations in Elections
1. Political public
associations that were established and registered in accordance with the
federal laws, laws of subjects of the Russian Federation at a level
corresponding to the level of the election, or at a higher level, shall be
entitled to participate, as electoral associations and along with the electoral
associations referred to in Clause 25, Article 2 of this Federal Law, in an
election of the relevant level, the decision on calling which was officially
published before the expiration of two years from the day of entry into force
of the Federal Law "On Political Parties." The said political public
associations, or amendments and supplements introduced to the charters of public
association to confer the status of political public associations on them,
shall be registered not later than one year before voting day, and when an
election is called to the legislative (representative) body of state power of a
subject of the Russian Federation or to the executive body of state power of a
subject of the Russian Federation, to the body of local self-government in the
event of early termination of powers of the relevant body, not later than six
months before voting day. The said periods shall not apply to the other
amendments and supplements introduced to the charters of political public
associations.
2. A political public
association that was recognized as an electoral association and was entitled to
nominate candidates for membership in commissions before this Federal Law
entered into effect, in the event of its reorganization that has no effect on
its status of a political public association, or in the event of its
reorganization into a political party, shall retain the rights specified in
Clause 7, Article 23, Clause 8, Article 24, Clause 7, Article 25, Clause 7,
Article 26, Clause 5, Article 27 of this Federal Law. A voluntary association
of two or more electoral associations that was recognized as an electoral bloc
and was entitled to nominate candidates for membership in commissions before
this Federal Law has entered into effect, in the event of its reorganization
that has no effect on its status of a political public association, or in the
event of its reorganization into a political party, shall retain the rights
specified in Clause 7, Article 23, Clause 8, Article 24, Clause 7, Article 25,
Clause 7, Article 26, Clause 5, Article 27 of this Federal Law. Such electoral
bloc may, by a decision of a duly authorized body, delegate these rights to one
of its member electoral associations, or to an electoral association the
founders of which are electoral associations that are members of this electoral
bloc. The said electoral association, in the event of its reorganization that
has no effect on its status of a political public association, or in the event
of its reorganization into a political party shall retain the right to make
such nominations.
Article 85. On Formation of Territorial
Election Commissions
1. Territorial election
commissions shall be formed in compliance with the requirements of this Federal
Law within six months after the effective date of this Federal Law.
2. If in the period after
this Federal Law has entered into effect and before territorial election
commissions are formed, an election is called to bodies of state power of the
subject of the Russian Federation, bodies of local self-government, the
territorial election commission shall be formed within a period established by
the law of the subject of the Russian Federation in accordance with the
requirements of this Federal Law.
3. By a decision of the
Central Election Commission of the Russian Federation taken on the basis of an
application of the relevant election commission of a subject of the Russian
Federation, territorial election commissions that functioned on a permanent
basis before this Federal Law has entered into effect shall retain their powers
and function until the territorial election commissions are formed at the first
election of federal bodies of state power or an election of deputies of the
House of Representatives of the Union State of the first convocation called
after this Federal Law has entered into effect.
4. By a decision of the
election commission of a subject of the Russian Federation agreed with the
representative body of local self-government, the powers of a territorial
election commission may be vested on the municipality election commission
formed in accordance with this Federal Law. If the territory fallen within the
area of responsibility of the territorial election commission includes several
municipalities and an municipality election commission is formed in each of
them, the powers of this territorial election commission shall not be vested on
these municipality election commissions.
President of the Russian
Federation V. Putin
Moscow
June 12, 2002
N. 67-FZ
Appendix
Information about Property
Me, candidate
___________________________________________________________________
(surname, first name,
patronymic, date of birth)
___________________________________________________________________,
(main place of work or
service, office; if there is no
___________________________________________________________________,
main place of work or service, occupation)
residing at the address
__________________________________________,
(residential address)
hereby provide information
about property owned by me (my spouse*)(including joint property), and my
proprietary liabilities**:
______________________________
*Information about the property
owned by the spouse shall be provided only if required by the federal law.
**This information shall be
provided as of the first day of the month in which the decision to call (hold)
the election is officially published.
1. Real Property
Nos. |
Type and name of property |
Type of ownership* |
Location (address) |
Total area (m2) |
1 |
2 |
3 |
4 |
5 |
1 |
Plots of land**: 1) 2) 3) |
|
|
|
2 |
Residential buildings: 1) 2) 3) |
|
|
|
3 |
Apartments: 1) 2) 3) |
|
|
|
4 |
Country houses (dachas): 1) 2) 3) |
|
|
|
5 |
Garages: 1) 2) 3) |
|
|
|
6 |
Other real properties: 1) 2) 3) |
|
|
|
* Specify the type of
ownership (personal, joint), for joint property, specify the other persons or
entities (surname, name, patronymic or the name) co-owning the property; for
shared property, the share of the person whose data is provided herein shall be
specified.
** Specify the type of the
plot of land (the share, the interest): for a private house construction, for a
country house, garden, backyard plot, kitchen garden, other.
2. Vehicles
Nos. |
Type and model of vehicle |
Type of ownership |
Location |
1 |
2 |
3 |
4 |
1 |
Cars: 1) 2) |
|
|
2 |
Trucks (lorries): 1) 2) |
|
|
3 |
Other vehicles subject to
registration: 1) 2) |
|
|
______________________________
* Specify the type of
ownership (personal, joint), for joint property, specify the other persons or
entities (surname, name, patronymic or the name) co-owning the property; for
shared property, the share of the person whose data is provided herein shall be
specified.
3. Monetary funds on accounts with banks and other credit organizations
Nos. |
Name and address of bank or credit organization |
Type and currency of the account* |
Opened date of the account |
Balance (RUR) |
1 |
2 |
3 |
4 |
5 |
|
|
|
|
|
|
|
|
|
|
______________________________
*Specify type of account
(deposit, current, settlement, loan, etc.) and the currency of the account.
**Specify the balance of
the account as of the first day of the month in which the decision on calling
(holding) the election was officially published. For foreign-currency accounts,
specify the balance in Russian rubles at the rate of the Central Bank on the
above date.
4. Securities
4.1. Shares of stocks and other interests in commercial organizations
Nos. |
Name and legal form of organization |
Location (address) of organization |
Charter capital*(2) |
Share, interest*(3) |
Grounds of interest*(4) |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
|
|
|
|
|
|
______________________________
*(1) Specify the full or
abbreviated official name of the organization and its legal organizational form
(a joint-stock company, a limited liability company, a partnership, a
production cooperative, etc.).
*(2) Specify the charter
capital as stated in the foundation documents of the organization as of the
first day of the month in which the decision on calling (holding) the election
was officially published. For charter capitals denominated in foreign
currencies, specify the equivalent in Russian rubles at the rate of the Central
Bank on the above date.
*(3) Specify the share
(interest) as percentage of the charter capital. For joint-stock companies,
also specify the par value and the number of shares.
*(4) Specify the basis on
which the share (interest) were acquired (foundation agreement, privatization,
purchase, exchange, transfer by way of gift, legacy, etc.), and the details
(date, number) of the relevant agreement or deed.
4.2. Other Securities
Nos. |
Type of security* |
Issuing entity |
Par value |
Total number |
Total value**(RUR) |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
______________________________
* Specify all securities by
types (bonds, bills of exchange, etc.), except the shares stated in sub-section
4.1 "Shares of stocks and other interests in commercial
organizations."
** Specify the total value
of securities of a given type on the basis of their acquisition cost (if this
cannot be identified, on the basis of the market value or the par value). For
liabilities denominated in foreign exchange, specify the value in Russian
rubles at the rate of the Central Bank as of the first day of the month in
which the decision to call (hold) the election was officially published.
Total for section 4
"Securities" the aggregate declared value of securities, including
interests in commercial organizations (RUR): _________________
I hereby certify that the
above information is true and complete:
"__"
_____________ ____ ______________________.
(candidate’s signature)