Russia - Electoral Law
CHAPTER 1
Article 1
Basic Principles of the Election of the President of the Russian Federation
1. The President of the
Russian Federation shall be elected by citizens of the Russian Federation on the
basis of universal, equal, and direct suffrage by secret ballot.
2. Participation of a citizen of the Russian Federation in the election of the
President of the Russian Federation shall be free and voluntary. Nobody shall
exert any influence on a citizen of the Russian Federation in order to compel
him/her to participate or not to participate in the election and nobody shall
interfere with free expression of a citizen's will.
Article 2
Legislation on the Election of the President of the Russian Federation
Legislation on the
election of the President of the Russian Federation shall comprise the
Constitution of the Russian Federation, the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum," this Federal Law and other federal laws.
Article 3
Electoral Rights of a Citizen of the Russian Federation in the Election of
the President of the Russian Federation
1. A citizen of the
Russian Federation who has attained to the age of 18 years on voting day shall
be entitled to elect the President of the Russian Federation.
2. A citizen of the Russian Federation who has attained to the age of 18 years
shall be entitled to participate in the nomination of candidates for the office
of the President of the Russian Federation, election campaigning, monitoring of
the conduct of the election of the President of the Russian Federation and the
work of election commissions, including determination of voting returns and
election results, and in the performance of other electoral actions in a
procedure established by this Federal Law, other federal laws.
3. Eligible to the office of President of the Russian Federation shall be a
citizen of the Russian Federation who has attained to the age of 35 years and
has permanently resided in the Russian Federation for not less than 10 years.
4. A citizen of the Russian Federation who resides or stays outside the
territory of the Russian Federation during the preparation and conduct of the
election of the President of the Russian Federation shall have the same rights
in the election as other citizens of the Russian Federation.
5. A citizen of the Russian Federation found incapable by a court or kept in
places of confinement under a court sentence shall have no rights to elect or be
elected President of the Russian Federation.
Article 4
Federal Electoral District
The election of the
President of the Russian Federation shall be conducted in one federal electoral
district comprising the entire territory of the Russian Federation. Voters
residing outside the territory of the Russian Federation shall be regarded as
being included the federal electoral district.
Article 5
Calling of the Election of the President of the Russian Federation
Coincides with a holiday,
a day before or after a holiday, voting day shall be the next Sunday.
Article 6
Right to Nominate Candidates for the Office of President of the Russian
Federation
1. Candidates for the
office of President of the Russian Federation (hereafter "candidates") may be
nominated by voters, electoral associations, and election blocs.
2. A Russian Federation citizen shall not be nominated a candidate if he/she is
not eligible for election as President of the Russian Federation
Article 7
Preparation and Conduct of the Election of the President of the Russian
Federation by Election Commissions
1. The preparation and
conduct of the election of the President of the Russian Federation, the measures
to ensure realization and protection of the electoral rights of citizens and the
control over observance of these rights shall be carried out by election
commissions within the scope of their powers laid down by this Federal Law,
other federal laws.
2. During the preparation and conduct of the election of the President of the
Russian Federation election commissions shall, within the scope of their powers
laid down by this Federal Law, other federal laws, be independent of the bodies
of state power and bodies of local self-government. Any interference by these
bodies in the activities of election commissions shall not be allowed.
3. Decisions and acts of election commissions adopted by them within the scope
of the powers vested in them by this Federal Law, other federal laws shall be
binding upon federal bodies of executive power, bodies of executive power of the
Subjects of the Russian Federation, state institutions, bodies of local
self-government, candidates, registered candidates for the office of President
of the Russian Federation (hereafter "registered candidates"), electoral
associations, electoral blocs, public associations, organizations, officials,
voters.
4. During the preparation and conduct of the election of the President of the
Russian Federation election commissions shall be entitled to use the state
automated information system to inform voters about the progress of the
preparation and conduct of the election and the election results, to search for,
acquire, replenish, process, transmit and store the information used in the
course of the preparation and conduct of the election and to provide information
support for the activity of election commissions carried out within the scope of
powers vested in them by this Federal Law, other federal laws.
Article 8
Right to Election Campaigning
1. The state shall
guarantee the freedom of election campaigning for citizens of the Russian
Federation, political public associations in accordance with this Federal Law,
other federal laws.
2. Citizens of the Russian Federation, political public associations may, in any
form allowed by law and by legitimate methods, conduct election campaigning,
i.e. the activities encouraging or aimed to encourage voters to participate in
the election of the President of the Russian Federation and to vote for or
against any registered candidate.
3. Equal conditions of access to the mass media shall be guaranteed to
registered candidates for election campaigning.
Article 9
Funding of the Election of the President of the Russian Federation
1. Expenses on the
preparation and conduct of the election of the President of the Russian
Federation shall be paid from the funds allocated from the federal budget.
2. Candidates shall set up their own electoral funds for financing their
election campaign.
Article 10
Publicity in the Preparation and Conduct of the Election of the President of
the Russian Federation
1. The preparation and
conduct of the election of the President of the Russian Federation shall be
carried out openly and publicly.
2. All normative acts of election commissions, bodies of state power and bodies
of local self-government relating to the preparation and conduct of the election
of the President of the Russian Federation shall be published or made public in
some other manner.
Article 11
Inadmissibility of the Participation in Election Campaigns of Foreign Nationals,
Stateless Persons, Foreign Legal Entities, International Organizations and
International Public Movements
Foreign nationals,
stateless persons, foreign legal entities, international organizations and
international public movements shall be allowed to not carry on any activities
to facilitate or prevent nomination, registration of candidates, election of
registered candidates. Top
CHAPTER 2
Article 12
System and Status of Election Commissions for the Election of the President
of the Russian Federation
1. The election of the
President of the Russian Federation shall be prepared and conducted by:
the Central Election Commission of the Russian Federation;
the election commissions of the Subjects of the Russian Federation;
territorial (rayon, city and other) election commissions;
precinct election commissions.
2. In the election of the President of the Russian Federation the powers and
operating procedures of election commissions shall be established by the Federal
Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum", this Federal law and other
federal laws.
3. Decisions of a higher-level election commission for the election of the
President of the Russian Federation taken within the scope of its competence
shall be binding on the lower-level election commissions.
4. Election commissions for the election the President of the Russian Federation
shall, within the scope of their competence, consider complaints which they
receive in the course of the election campaign about violations of this Federal
Law, other federal laws as regards the preparation and conduct of the election,
check these complaints and give written answers to the complainants within five
days but not later than the day preceding voting day and, on voting day and the
day which follows voting day, immediately. If the facts cited in the complaints
require additional verification, decisions thereon shall be taken within ten
days. Election commissions for the election of the President of the Russian
Federation may apply to law enforcement bodies and request them to investigate
and stop violations of this Federal Law, other federal laws in the preparation
and conduct of the election. Within five days, but not later than the day
preceding voting day and, on voting day and on the day which follows voting day,
immediately, the law enforcement bodies shall take measures prescribed by law to
stop such violations. If the facts cited in a complaint require additional
verification, such measures shall be taken within ten days.
5. Election commissions for the election of the President of the Russian
Federation shall inform voters about the periods and procedure for the
performance of electoral actions, the progress of the election campaign, the
candidates, registered candidates.
6. A decision of an election commission for the election of the President of the
Russian Federation which conflicts with federal laws or which has been taken in
excess of the commission's powers shall be revoked by a higher-level election
commission for the election of he President of the Russian Federation or by a
court of law. In this case, the higher-level election commission shall be
entitled to take a decision on the substance of the matter.
7. State bodies, state institutions and their officials shall assist election
commissions for the election of the President of the Russian Federation in the
exercise of their powers, specifically, they shall, free of charge, provide the
necessary premises and make security arrangements with regard thereto; ensure
safekeeping of ballots, absentee certificates for voting in the election of the
President of the Russian Federation and other electoral documentation; supply
transport and communication facilities, technical equipment, information and
materials; respond to the requests of election commissions for the election of
the President of the Russian Federation within five days or, during five days
prior to and on voting day, immediately. Organizations which have a state share
in their charter (authorized) capital exceeding 30 per cent thereof as of the
day on which the decision to call (hold) the election was officially published
and bodies of local self-government shall assist election commissions for the
election of the President of the Russian Federation in the exercise of their
powers, specifically, they shall provide the necessary premises, transport and
communications facilities, technical equipment, information and materials;
respond to requests of election commissions for the election of the President of
the Russian Federation within five days or, during five days prior to and on
voting day, immediately. Organization which carry out TV and/or radio
broadcasting (hereafter "TV and radio broadcasting organizations"), editorial
offices of periodicals indicated in Sub-clauses "a" - "d" Clause 1
Article, their officials as well as public
associations shall provide the necessary information and documents to election
commissions for the election of the President of the Russian Federation, respond
to requests of election commissions for the election of the President of the
Russian Federation within five days or, during five days prior to and on
election day, immediately.
Article 13
Formation of the Central Election Commission of the Russian Federation,
Election Commissions of the Subjects of the Russian Federation
1. The Central Election
Commission of the Russian Federation, election commissions of the Subjects of
the Russian Federation shall be formed in compliance with the Federal Law "On
Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum."
2. If the legislative (representative) and executive bodies of power of a
Subject of the Russian Federation have not appointed the members or some of the
members of the election commission of the Subject of the Russian Federation in a
procedure and within the period established by the Federal Law "On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum," all 14 voting members or some of
voting members of this election commission shall be appointed by the Central
Election Commission of the Russian Federation in compliance with the
requirements established by the said Federal Law. If formed by the Central
Election Commission of the Russian Federation the election commission of a
Subject of the Russian Federation consisting of 14 voting members shall be
appointed for a term of four years.
Article 14
Formation of Territorial and Precinct Election Commissions
1. A territorial (raion,
city and other) election commission consisting of five to nine voting members
shall be formed not earlier than 70 and not later than 60 days prior to voting
day by the representative body (representative bodies) of local self-government
on the basis of proposals from electoral associations, electoral blocs, public
associations, meetings of voters at the place of their residence, work, service,
study, the territorial election commission of the previous convocation, if it
acted on a permanent basis. By a decision of the election commission of a
Subject of the Russian Federation agreed with the Central Election Commission of
the Russian Federation several territorial election commissions shall be formed
within one territorial-administrative unit with a large number of voters. If the
law of a Subject of the Russian Federation, the charter of a municipal unit
provides, in accordance with the Federal Law "On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum," that a territorial election commission shall operate on a permanent
basis, the election commission of the given Subject of the Russian Federation
may, with the concurrence of the Central Election Commission of the Russian
Federation, confer the powers of a territorial election commission for the
election of the President of the Russian Federation on the said election
commission. The list of territorial election commissions formed in the territory
of a Subject of the Russian Federation shall be approved by the election
commission of this Subject of the Russian Federation taking into account the
administrative-territorial division of the Subject of the Russian Federation and
the location of the automation facilities of the state automated information
system. The list of territorial election commissions shall be approved not later
than 80 days prior to voting day and, within three days of its approval, shall
be submitted to the representative bodies of local self-government and published
in the mass media indicated in Sub-clause "e" Clause 1
Article. One half of the members of the
election commission shall be appointed by the representative body of state power
and the other half by the executive body of state power.
Article 15
Appointment of Non-Voting Members of an Election Commission
1. Each registered
candidate shall be entitled to appoint one non-voting member to the Central
Election Commission of the Russian Federation, to each election commission of
the Subjects of the Russian Federation, to each territorial, precinct election
commission. A registered candidate may ask his/her authorized representative to
appoint a non-voting member of a territorial, precinct election commission.
2. Non-voting members of an election commission shall be issued certificates of
the form established by the Central Election Commission of the Russian
Federation. On their request the administration (employer) shall grant
non-voting members of an election commission an unpaid leave of absence for the
period indicated in Clause 1
Article 41 of this Federal law
Article 16
Status of Election Commission Members
not later than one month,
or, during the period of the preparation and conduct of the election of the
President of the Russian Federation, not later than 10 days after a vacancy was
created. Should the body authorized to do so fail to meet this requirement, the
higher-level election commission shall appoint a new voting member of the
election commission in accordance with the requirements of this Federal Law.
8. Chairmen, deputy chairmen and secretaries of election commissions and members
of election commissions who work in the commission permanently (as staff
members) shall bear responsibility for violation of this Federal Law as provided
by the legislation of the Russian Federation in respect of persons holding
official posts.
9. A voting member of an election commission working on a permanent (staff)
basis shall not hold other government and municipal offices, be on the
government or municipal service, engage in any other paid activities with the
exception of teaching, scientific research and other creative pursuits and shall
not carry on any business activities.
10. During the preparation and conduct of the election of the President of the
Russian Federation a voting member of an election commission shall not be
subject to criminal prosecution or court-imposed administrative punishments
without the sanction of the Prosecutor of the Subject of the Russian Federation
or, in the case of a member of the Central Election Commission of the Russian
Federation, without the sanction of the Prosecutor General of the Russian
Federation.
11. A voting member of an election commission - before expiration of his/her
powers and a non-voting member of an election commission - during the period of
the election campaign shall not be transferred to another job without their
consent and shall not be fired on the administration's (employer's) initiative.
12. A non-voting member of an election commission shall have all rights of a
voting member with regard to the issues relating to the preparation and conduct
of the election of the President of the Russian Federation save the right to
issue absentee certificates for voting in the election of the President of the
Russian Federation; hand out ballots; sign ballots; participate in sorting out
and counting ballots, canceling ballots and absentee certificates for voting in
the election of the President of the Russian Federation, working with voters
list, drawing up the protocol of voting returns, election results; participate
in voting on matters which are within the competence of the given election
commission; sign decisions of the election commission. No remuneration shall be
paid to a non-voting member for his/her activities from the funds allocated to
the election commission.
13. Voting and non-voting members of an election commission shall be entitled
to:
(a) receive timely notices of meetings of the election commission;
(b) speak at meetings of the election commission, make proposals on matters
within the competence of the given election commission and request that these
matters be put to the vote;
(c) put questions to other participants in meetings of the election commission
in accordance with the meeting agenda and receive meaningful answers to these
questions;
(d) inspect voters lists, ballots, other documents and materials of the given
commission and the lower-level election commissions (including documents and
materials on machine-readable media) and receive copies of these documents and
materials (save the copies of voters lists, signature sheets, ballots, absentee
certificates for voting in the election of the President of the Russian
Federation, income declarations and information about the property and property
liabilities submitted by candidates in pursuance of Clause 6
Article 33 and Clause 12
Article 34 of this Federal Law). On his/her
request the election commission shall certify these copies (save the copies of
documents and materials on machine-readable media). Examination of documents and
materials which contain information classified as a state or a commercial secret
or other some secret protected by law shall be carried out in accordance with
federal laws;
(e) appeal decisions and actions (inaction) of the election commission in the
higher-level commission or in a court of law.
14. If a registered candidate who appointed non-voting members of an election
commission acting on a permanent basis has been elected President of the Russian
Federation, the powers of such commission members shall continue until the end
of registration of candidates in the next election of the President of the
Russian Federation. The powers of other non-voting members of the election
commission shall terminate 30 days after the official publication of the results
of the election of the President of the Russian Federation for all kinds of
voting held in the course of the given election campaign or, if a higher-level
election commission receives complaints (statements) about or protests against
the decisions and actions (inaction) of the election commission which resulted
in the violation of the voting and vote-counting procedures and if these facts
are being investigated by a court, after a final decision is handed down on the
substance of the complaint (statement) or protest by the higher-level election
commission or by a court. The powers of non-voting members of election
commissions which do not act on a permanent basis shall terminate simultaneously
with the expiration of the term of powers of the given election commission.
15. The powers of a non-voting member of an election commission may be
terminated at any time during his/her term and transferred to another person by
a decision of the person who appointed the given member.
Article 17
Powers of the Central Election Commission of the Russian Federation
1. During the preparation
and conduct of the election of the President of the Russian Federation the
Central Election Commission of the Russian Federation acting within the scope of
its powers established by federal laws shall:
(a) direct the activities of election commissions for the election of the
President of the Russian Federation;
(b) exercise control over the observance of electoral rights of citizens of the
Russian Federation during the preparation and conduct of the election of the
President of the Russian Federation and ensure uniform application of this
Federal Law;
(c) issue instructions and other normative acts on the questions of application
of this Federal Law;
(d) render legal, methodological, organizational and technical assistance to
election commissions;
(e) direct the activity of election commissions to ensure uniform application of
the state automated information system;
(f) register electoral blocs;
(g) register authorized representatives of electoral associations, electoral
blocs;
(h) register initiative groups of voters and their authorized representatives;
(i) register authorized representatives of candidates, registered candidates for
financial matters, agents of candidates;
(j) register candidates;
(k) issue certificates of an established form to registered candidates, their
agents, authorized representatives for financial matters of candidates,
registered candidates;
(l) ensure that the conditions of election campaigning established by this
Federal Law, other federal laws should be observed for all candidates,
registered candidates;
(m) hear information of federal bodies of executive power, bodies of executive
power of the Subjects of the Russian Federation and bodies of local
self-government on the issues relating to the preparation and conduct of the
election of the President of the Russian Federation;
(n) determine the form and degree of protection of ballots, voters lists and
other electoral documents and make arrangements for their production;
(o) determine the form of the absentee certificate for voting in the election of
the President of the Russian Federation and make arrangements for the printing
of absentee certificates and their delivery to the election commissions of the
Subjects of the Russian Federation;
(p) approve the Russian text of the ballot;
(q) approve samples of seals of election commissions;
(r) approve the rules for the safekeeping of electoral documents and their
transfer to archives and agree these rules with the Federal Archive Service of
Russia;
(s) distribute funds allocated to it from the federal budget for financing the
preparation and conduct of the election of the President of the Russian
Federation, the activities of election commissions and exercise of their powers;
monitor proper use of the said funds and observance of the requirements of this
Federal Law, other federal laws to the funding of election campaigns of
candidates, registered candidates;
(t) take measures to implement a unified procedure for distribution of air time
between registered candidates for election campaigning;
(u) work out and approve the quotas of technical equipment required for the
operation of territorial and precinct election commissions, monitor compliance
with these quotas;
(v) check provision to election commissions of premises, transport facilities,
communication facilities and deal with other issues of the logistical support
for the election of the President of the Russian Federation;
(w) inform voters about the periods and procedure for the performance of
electoral actions, the progress of the election campaign, candidates, registered
candidates;
(x) consider complaints (statements) concerning decisions and actions (inaction)
of lower-level election commissions and their officials and adopt motivated
decisions thereon;
(y) establish the results of the election of the President of the Russian
Federation and arrange for their official publication; issue a certificate of
election to the elected President of the Russian Federation;
(z) organize the repeat voting for the election of the President of the Russian
Federation;
(aa) organize the repeat election of the President of the Russian Federation;
(bb) exercise other powers under this the Federal Law and the Federal Law "On
Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum."
2. If the term of powers of the Central Election Commission of the Russian
Federation established by the Federal Law "On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum" expires during the period of the preparation and conduct of the
election of the President of the Russian Federation, the Central Election
Commission of the Russian Federation shall continue to exercise its powers until
it submits to the chambers of the Federal Assembly of the Russian Federation a
report on the expenditure of federal budget funds allocated for the preparation
and conduct of the election and the information concerning the sums contributed
to and spent from the electoral funds of candidates, registered candidates, but
for not longer than the period established by this Federal Law for the
submission of the said financial report and the said information.
Article 18
Powers of the Election Commission of a Subject of the Russian Federation
1. The election commission
of a Subject of the Russian Federation shall:
(a) coordinate activities of election commissions in the territory of the
Subject of the Russian Federation;
(b) ensure interaction between the Central Election Commission of the Russian
Federation and the bodies of state power in the Subject of the Russian
Federation;
(c) exercise control over observance of electoral rights of citizens of the
Russian Federation in the territory of the Subject of the Russian Federation;
(d) ensure that the conditions of election campaigning established by this
Federal Law, other federal laws should be observed in the territory of the
Subject of the Russian Federation for all candidates, registered candidates;
(e) ensure uniform use of the state automated information system in the
territory of the Subject of the Russian Federation;
(f) in accordance with the decisions of the Central Election Commission of the
Russian Federation arrange for the printing of ballots in the territory of the
Subject of the Russian Federation and make arrangements for the delivery thereof
to territorial election commissions;
(g) make arrangements for the delivery of absentee certificates for voting in
the election of the President of the Russian Federation, other electoral
documents to lower-level election commissions;
(h) distribute federal budget funds allocated to it for the preparation and
conduct of the election of the President of the Russian Federation in the
Subject of the Russian Federation, in particular, distribute a part of these
funds between territorial election commissions, exercise control over the proper
use of these funds and monitor observance of the requirements of this Federal
Law, other federal laws to the funding of the election campaign of candidates,
registered candidates in the territory of the Subject of the Russian Federation;
(i) approve the list of territorial election commissions, establish uniform
numeration of electoral precincts in the territory of the Subject of the Russian
Federation;
(j) ensure compliance with the quotas of technological equipment and with the
rules for the safekeeping of electoral documents and their transfer to archives,
approved by the Central Election Commission of the Russian Federation;
(k) monitor compliance with the unified procedure for vote-counting, determining
voting returns and establishing election results in the territory of the Subject
of the Russian Federation;
(l) hear reports of bodies of executive power of the Subject of the Russian
Federation and bodies of local self-government on questions relating to the
preparation and conduct of the election of the President of the Russian
Federation;
(m) determine the voting returns in the election of the President of the Russian
Federation in the territory of the Subject of the Russian Federation and pass on
these returns to the Central Election Commission of the Russian Federation;
(n) consider complaints (statements) concerning decisions and actions (inaction)
of lower-level election commissions and their officials in the given Subject of
the Russian Federation and adopt motivated decisions thereon;
(o) inform voters about the periods and procedure for the performance of
electoral actions and the progress of the election campaign;
(p) exercise other powers in compliance with this Federal Law.
2. If the term of powers of the election commission of a Subject of the Russian
Federation established by a law of the Subject of the Russian Federation expires
during the period of the election campaign in the election of the President of
the Russian Federation, the election commission of the Subject of the Russian
Federation shall continue to exercise its powers until the Central Election
Commission of the Russian Federation submits to the chambers of the Federal
Assembly of the Russian Federation a report on the expenditure of federal budget
funds and the information concerning the sums contributed to and spent from the
electoral funds of candidates, registered candidates but for not longer than the
period established by this Federal Law for the submission of the said financial
report and the said information. This provision shall not apply to the election
commissions of Subjects of the Russian Federation which had been formed before
the Federal Law "On Basic Guarantees of Electoral Rights and the Right of
Citizens of the Russian Federation to Participate in a Referendum" came into
force.
Article 19
Powers of a Territorial Election Commission (Raion, City and Other Election
Commissions)
1. A territorial election
commission shall:
(a) exercise control over the preparation and conduct of the election of the
President of the Russian Federation in the given territory;
(b) coordinate the work of precinct election commissions in the given territory,
consider complaints (statements) concerning decisions and actions (inaction) of
these election commissions and adopt motivated decisions thereon;
(c) hear reports of bodies of local self-government on questions relating to the
preparation and conduct of the election of the President of the Russian
Federation;
(d) compile voters lists separately for each precinct in the given territory,
save as provided otherwise in Clauses 3 - 6
Article 25 of this Federal Law;
(e) distribute federal budget funds allocated to it for the preparation and
conduct of the election and, in particular, distribute a part of the funds
between precinct election commissions, exercise control over the proper use of
these funds;
(f) together with the election commission of the Subject of the Russian
Federation ensure that the conditions of election campaigning established by
this Federal Law, other federal laws should be observed for all candidates,
registered candidates in the given territory ;
(g) arrange for the delivery of ballots and other documents to precinct election
commissions;
(h) issue absentee certificates to voters for voting in the election of the
President of the Russian Federation;
(i) render organizational and technical assistance to precinct election
commissions in the conduct of voting in electoral precincts;
(j) monitor compliance with the unified procedure for vote-counting, determining
voting returns and establishing the results of the election of the President of
the Russian Federation in the given territory;
(k) determine voting returns in the given territory, release these returns to
the mass media and submit protocols of voting returns to the election commission
of the Subject of the Russian Federation;
(l) arrange for the safekeeping and transfer of documents relating to the
preparation and conduct of the election of the President of the Russian
Federation in accordance with the rules approved by the Central Election
Commission of the Russian Federation;
(m) ensure compliance with the quotas of technological equipment approved by the
Central Election Commission of the Russian Federation;
(n) inform voters about the periods and procedure for the performance of
electoral actions, the progress of the election campaign of a candidate,
registered candidate;
(o) exercise other powers under this Federal Law.
2. The term of powers of a territorial election commission in the election of
the President of the Russian Federation shall expire 15 days after the day on
which the general results of the election of the President of the Russian
Federation are officially published if no complaints (statements) and protests
have been received by a higher-level election commission about the decisions and
actions (inaction) of the given election commission, which resulted in the
violation of the voting and the vote-counting procedure and if these facts are
not being investigated by a court. If the voting returns or the election results
in the given territory have been appealed or protested, the powers of the
territorial election commission shall expire after a final decision has been
handed down on the substance of the complaint (statement), protest by a
higher-level commission or by a court.
Article 20
Powers of a Precinct Election Commission
1. A precinct election
commission shall:
(a) inform the population about the address and the telephone number of the
precinct election commission, its working hours; about the day and place of
voting;
(b) update the voters list for the given electoral precinct and, in the cases
provided by Clauses 3 - 7
Article 25 of this Federal Law, compile and
update a voters list, allow voters to examine the voters list, consider
complaints about errors and inaccuracies in the voters list and make appropriate
corrections therein;
(c) prepare voting premises, ballot boxes and other equipment;
(d) inform voters about registered candidates on the basis of the information
received from a higher-level election commission;
(e) exercise control over compliance with the rules for election campaigning in
the territory of the electoral precinct;
(f) issue absentee certificates to voters for voting in the election of the
President of the Russian Federation;
(g) organize voting in the electoral precinct on voting day as well as early
voting;
(h) count votes, determine voting returns for the given electoral precinct and
submit protocols of voting returns to the territorial election commission;
(i) within the scope of its powers consider complaints (statements) about
violations of this Federal Law and take motivated decisions thereon;
(j) arrange for the safekeeping and transfer of documents relating to the
preparation and conduct of the election of the President of the Russian
Federation in accordance with the rules approved by the Central Election
Commission of the Russian Federation;
(k) exercise other powers under this Federal Law.
2. The powers of a precinct election commission shall expire 10 days after the
official publication of the general results of the election of the President of
the Russian Federation if no complaints (statements) and protests have been
received by a higher-level election commission about the decisions and actions
(inaction) of the given election commission which resulted in the violation of
the voting and vote-counting procedure and if these facts are not being
investigated by a court. If the voting returns in an election precinct,
territory or the results of the election of the President of the Russian
Federation have been appealed or protested, the powers of a precinct election
commission shall end after a final decision has been handed down on the
substance of the complaint (statement), protest by a higher-level election
commission or by a court.
Article 21
Openness in the Activity of Election Commissions
, including the list of
persons present at the voting. Upon an observer's request the election
commission shall certify the said copies or issue him/her certified copies of
the said documents;
(h) appeal decisions and actions (inaction) of the election commission to which
an observer was sent directly in the election commission of the next higher
level, the election commission of the Subject of the Russian Federation, the
Central Election Commission of the Russian Federation or in a court;
(i) be present when commissions recount votes.
12. Observers shall not:
(a) issue ballots to voters;
(b) sign for voters for the receipt of ballots, when asked to do so by them;
(c) mark ballots for voters on their request;
(d) do anything that might violate the secrecy of voting;
(e) directly participate in the counting of ballots together with the voting
members of the election commission;
(f) do anything that may interfere with the work of the election commission;
(g) carry on election propaganda among voters;
(h) participate in the adoption of decisions by the election commission.
13. Media representatives shall be entitled to examine decisions taken and
protocols of voting returns or election results drawn up by all election
commissions (including corrected protocols), make copies or receive from the
election commission copies of the said decisions and protocols and of documents
attached thereto. Upon the request of a media representative an election
commission shall certify a copy of its decision or copies of its protocols of
voting returns or election results.
14. Copies of protocols and of other documents of election commissions shall be
certified by the chairman or the secretary of the election commission. To do so,
the aforementioned persons shall mark the copy to be certified with the words
"This is a true copy," sign it, affix the seal of the election commission and
indicate the date of certification.
15. Non-voting members of election commissions and observers present at voting
and at vote counting on the premises of precinct election commissions may wear
badges or cards showing their status and whom they represent. The badges and
cards shall bear no elements of election propaganda.
Article 22
Foreign (International) Observers
. This certificate shall
allow the foreign (international) observer to carry on his/her activity during
the preparation and conduct of the election of the President of the Russian
Federation.
4. The activity of foreign (international) observers shall be regulated by this
Federal Law, other federal laws.
5. The term of powers of a foreign (international) observer shall begin from the
day on which the observer receives accreditation at the Central Election
Commission of the Russian Federation and shall end on the day on which the
general results of the election of the President of the Russian Federation are
published.
6. A foreign (international) observer shall perform his/her tasks and functions
independently, as he/she sees fit. The material and financial support for the
activity of a foreign (international) observer shall be provided for the account
of the organization which sent the observer, or for his/her own account.
7. During his/her stay in the territory of the Russian Federation a foreign
(international) observer shall be under the state patronage of the Russian
Federation. Election commissions, federal bodies of state power and bodies of
state power of the Subjects of the Russian Federation shall render him/her the
necessary assistance.
8. After voting day foreign (international) observers may express their opinion
about the electoral laws of the Russian Federation and the preparation and
conduct of the election of the President of the Russian Federation, hold press
conferences and apply to the mass media.
9. Foreign (international) observers may meet with candidates, registered
candidates and their agents, authorized representatives of electoral
associations, electoral blocs.
10. Foreign (international) observers shall not take advantage of their status
to carry on activities unrelated to monitoring the course of the election
campaign, the preparation and conduct of the election of the President of the
Russian Federation.
11. The Central Election Commission of the Russian Federation may revoke
accreditation of a foreign (international) observer if he/she violates federal
laws or the generally accepted principles and norms of international law.
Article 23
Organization of the Activity of Election Commissions
1. Election commissions
shall carry on their activity on a collective basis.
2. An election commission acting on a permanent basis shall hold its first
meeting not later than the fifteenth day after the appointment of its voting
members but not before the term of powers of the election commission of the
previous composition expires. By such time not less than two-thirds of the
established number of voting commission members shall be appointed.
3. An election commission which does not act on a permanent basis shall hold its
first meeting not later than three days after its formation. The election
commission shall be competent to start its work if not less than two-thirds of
the established number of its voting members have been appointed.
4. The chairman, the deputy chairman and the secretary of an election commission
shall be elected by secret ballot at its first meeting from among voting members
of the commission. The date and place of the first meeting of a territorial,
precinct election commission shall be determined by the body (bodies) which
formed the commission. Until election of the chairman of the election commission
its meeting shall be presided over by the oldest member of the commission. The
chairman, the deputy chairman and the secretary of the Central Election
Commission of the Russian Federation shall hold their offices on a permanent
(staff) basis.
5. Meetings of an election commission shall be called by its chairman or the
deputy chairman or upon a request of not less than one-third of the established
number of voting members of the commission.
6. Voting members of election commissions shall be obliged to attend all
meetings of the commission.
7. A meeting of an election commission shall be competent to transact business
if attended by the majority of the established number of voting members of the
commission. A meeting of the Central Election Commission of the Russian
Federation, the election commission of a Subject of the Russian Federation shall
be competent to transact business if attended by not less than two-thirds of the
established number of voting members of the commission.
8. Decisions of election commissions on the election of the chairman, the deputy
chairman and the secretary of the election commission and their removal from
office, on the financing of the preparation and conduct of the election of the
President of the Russian Federation, on the registration of candidates, on the
annulment of registration of registered candidates, on voting returns and
election results, on declaration of the election not to have taken place or to
be null and void, on the holding of repeat voting or repeat election, on the
annulment of decisions of lower-level election commissions shall be taken by
election commissions at their meetings by the majority vote of the established
number of the voting members of the election commission.
9. Decisions of election commissions on other issues shall be taken by a
majority vote of the voting members of the commission present at the meeting.
10. When a decision of an election commission is put to the vote, a voting
member of the election commission may only vote "for" or "against."
11. In the event of the parity of votes cast for and against a decision of an
election commission the chairman of the election commission shall have a casting
vote.
12. On the request of any member of an election commission and any member of a
higher-level election commission present at its meeting the given election
commission shall put to the vote any matter within the scope of its competence,
which is considered by the commission at its meeting in accordance with the
approved agenda.
13. Minutes of proceedings shall be kept at all meetings of an election
commission. All documents received by an election commission shall be
registered.
14. The minutes of proceedings and decisions of an election commission shall be
signed by the chairman and the secretary of the election commission.
15. Members of an election commission who dissent from the decision taken by the
election commission shall be entitled to express in writing their dissenting
opinion, which shall be considered by this commission, recorded in the minutes
of its meeting, attached to the said minutes and made known by the chairman of
the election commission to the higher-level election commission within three
days or immediately, if the dissenting opinion is expressed on voting day or the
day following voting day.
16. Election commissions may hire personnel under civil-law contracts for the
performance of work related to the preparation and conduct of the election of
the President of the Russian Federation within the limits of the funds allocated
to it from the federal budget.
17. During the period of the preparation and conduct of the election of the
President of the Russian Federation every week the TV and radio broadcasting
organizations indicated in Sub-clause "a" Clause 1
Article 47 of this Federal Law shall provide
not less than 15 minutes of free air time on their channels to the Central
Election Commission of the Russian Federation and the TV and radio broadcasting
organizations indicated in Sub-clause "b" Clause 1
Article 47 of this Federal Law not less than 10
minutes of free air time on their channels to the election commissions of the
Subjects of the Russian Federation to clarify electoral laws of the Russian
Federation; inform voters about the periods and procedure for the performance of
the necessary electoral actions and the progress of the election campaign;
answer voters' questions.
18. During the period of the preparation and conduct of the election of the
President of the Russian Federation the editorial offices of periodicals coming
out at least once a week, which are indicated in Sub-clause "c" Clause 1
Article 47 of this Federal Law, shall provide,
free of charge, not less than one percent of their weekly space to the Central
Election Commission of the Russian Federation. During the period of the
preparation and conduct of the election the editorial offices of periodicals
coming out at least once a week, which are indicated in Sub-clause "d" Clause 1
Article 47 of this Federal Law, shall provide,
free of charge, not less than one percent of their weekly space to the election
commissions of the Subjects of the Russian Federation. The election commissions
shall use this space to clarify electoral laws of the Russian Federation; inform
voters about the periods and procedure for the performance of the necessary
electoral actions, candidates and registered candidates, the progress of the
election campaign; answer voters' questions.
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CHAPTER 3
Article 24
Formation of Electoral Precincts
1. Electoral precincts
shall be formed to organize voting and count votes in the election of the
President of the Russian Federation. Electoral precincts shall be formed on the
basis of the number of voters registered in the territories of municipal units
in accordance with the requirements of
Article or, in exceptional cases, not later
than five days prior to voting day. In this case, access to the premises of the
election commission and to the voting premises shall be provided to all members
of the precinct election commission and higher-level election commissions,
persons indicated in Clause 1
Article shall be decided by the heads of the
corresponding diplomatic or consular missions of the Russian Federation, with
due regard to the local conditions.
Article 25
Compilation of Voters Lists
shall be handed over to
precinct election commissions on the basis of transfer acts 25 days prior to
voting day. The second copy of the voters list shall be kept by the territorial
election commission and shall be used (in particular, in the repeat voting) as
prescribed by the Central Election Commission of the Russian Federation. The
voters list shall be signed by the chairman and the secretary of the territorial
election commission and certified by its seal.
12. In electoral precincts formed in accordance with Clauses 4 - 6
Article 24 of this Federal Law the voters list
shall be signed by the chairman and the secretary of the precinct election
commission and certified by its seal.
13. Having received the voters list the precinct election commission shall check
and update the list on the basis of personal requests of citizens in accordance
with Clause 26 of this Federal Law, documents from the bodies of local
self-government, officials, registries, bodies in charge of registration of
Russian Federation citizens at the place where they stay and reside within the
Russian Federation. The checked and updated voters list shall be signed by the
chairman and the secretary of the precinct election commission and certified by
its seal not later than the day preceding voting day.
14. The persons furnishing voter data shall be responsible for the accuracy and
completeness of the data and its timely submission.
Article 26
Procedure for Including Citizens in and Excluding Them from the Voters List
1. All citizens of the
Russian Federation who have a right to active suffrage in accordance with
Article 3 of this Federal Law shall be included
in voters lists.
2. A citizen shall be included in the voters list in a certain electoral
precinct by virtue of the fact of his/her permanent or current residence in the
territory of the given electoral precinct as established by bodies in charge of
registration of Russian Federation citizens at the place of their stay or
residence within the Russian Federation in accordance with the federal law
regulating the procedure for the exercise by Russian Federation citizens of the
right to the freedom of movement, choice of the place of stay or residence
within the Russian Federation.
3. Servicemen who live outside the territory of a military unit shall be
included on the voters lists at the place of their residence on usual terms.
Voters-servicemen, members of their families, other persons who reside in the
territory of a military unit shall be included in the voters list by virtue of
the fact of their permanent or current residence in the territory of the
military unit as established by the appropriate service of the military unit or
bodies in charge of the registration of Russian Federation citizens at the place
of their stay or residence within the Russian Federation, or on the basis of the
order of the commanding officer of the military unit whereby citizens called up
for military service are put on the staff of the military unit.
4. Citizens of the Russian Federation who reside outside the territory of the
Russian Federation or stay abroad on prolonged business trips shall be included
in voters lists by virtue of the fact of their permanent or current residence
outside the territory of the Russian Federation or prolonged business trips
abroad as established by diplomatic or consular missions of the Russian
Federation.
5. Voters staying on voting day at hospitals, sanatoria, holiday hotels, places
of confinement of suspects and defendants, other places of temporary stay shall
be included in the voters list on the basis of a passport, an equivalent
identity paper and an absentee certificate for voting in the election of the
President of the Russian Federation.
6. Citizens of the Russian Federation who have been granted the status of forced
migrants or have applied to the Federal Migration Service of Russia or its
territorial agencies for the status of forced migrants shall be included in the
voters list at the place of their temporary residence on the basis of a passport
or an equivalent identity paper and appropriate documents issued by the Federal
Migration Service of Russia or its territorial agencies.
7. While staying in foreign countries at private invitations, on official
business and as tourists citizens of the Russian Federation who have a right to
active suffrage shall be put on the voters list when they come to the premises
of a precinct election commission, upon production of a passport or an
equivalent identity paper and an absentee certificate for voting in the election
of the President of the Russian Federation.
8. Voters who settled down in the territory of an electoral precinct after the
voters list had been made available to voters for inspection, as well as voters
who were not included in the voters list for any other reason shall be
additionally put on the voters list by the precinct election commission on the
basis of a passport or an equivalent identity paper and, if necessary, documents
confirming their permanent or current residence in the territory of the given
electoral precinct.
9. A voter may be included in a voters list only in one electoral precinct.
10. After the voters list has been signed by the chairman and the secretary of
the territorial election commission a citizen may be excluded from the voters
list only on the basis of official documents or when an absentee certificate for
voting in the election of the President of the Russian Federation is issued to a
voter in a procedure set forth in this Federal Law. In this case, a note shall
be made in the voters list indicating the date when the citizen was excluded
from the voters list and the reasons for the exclusion. This note shall be
signed by the chairman of the precinct election commission and, in cases when an
absentee certificate for voting in the election of the President of the Russian
Federation is issued, by the member of the election commission who issued the
certificate.
11. No changes shall be made in voters lists after the end of voting and the
beginning of vote counting.
Article 27
Inspection of Voters Lists by Voters
1. Precinct election
commissions shall make voters lists available to general public for examination
and additional correction not later than 20 days prior to voting day.
2. A citizen of the Russian Federation who has a right to active suffrage may
state to a precinct election commission that he/she has not been put on the
voters list or inform the commission about any error or inaccuracy in the list.
Within 24 hours or, on voting day, within two hours after this statement is
made, and not later than the end of voting, the precinct election commission
shall check the statement and the submitted documents and shall either remove
the error and inaccuracy or give the voter a written answer indicating the
reasons why the statement was rejected.
3. The decision of a precinct election commission to include or not to include a
citizen in the voters list may be appealed in a higher-level election commission
or in a court (where the precinct election commission is located) and these
bodies must consider the complaint (statement) within three days or immediately,
if the complaint is filed within three days prior to or on voting day. In the
event of a decision in favor of the applicant, the precinct election commission
shall immediately make the necessary corrections in the voters list.
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CHAPTER 4
Article 28
Definition of an Electoral Association
shall be made up by the
Ministry of Justice of the Russian Federation. On the request of the Central
Election Commission of the Russian Federation this list updated as of the date
of the request shall be furnished to the Central Election Commission of the
Russian Federation within ten days of the date on which the request was
received.
3. A political public association which is a founder, member of or participant
in another political public association acting in the election of the President
of the Russian Federation as an electoral association or participating in the
formation of an electoral bloc shall not act in this election as an electoral
association either nominating a list of candidates independently or
participating in the formation of an electoral bloc.
4. The rights of an electoral association shall also be enjoyed by electoral
blocs formed for the period of the election of the President of the Russian
Federation.
Article 29
Electoral Blocs
1. Electoral blocs are
groups of two and more electoral associations which voluntarily unite for joint
participation in the election of the President of the Russian Federation and
meet the requirements of Clause 1
Article, failure of one of or several public
associations which formed the electoral bloc to meet the requirements of
Article 28 of this Federal Law, other
violations of this Federal Law. An electoral bloc shall not be refused
registration if the number of its participants is less than that indicated in
the decision of a congress (conference) of one of or several electoral
associations which have formed the given electoral bloc.
6. During the period of the same election campaign the electoral associations
comprised in an electoral bloc shall not join other electoral blocs and shall
not act as independent electoral associations.
7. After an electoral bloc has been registered with the Central Election
Commission of the Russian Federation it shall not admit any other electoral
associations as its members.
Article 30
Name of an Electoral Association, Electoral Bloc
1. An electoral
association, electoral bloc which nominated a candidate shall submit information
about the full name and the abbreviated name (consisting of not more than seven
words) of the electoral association, electoral bloc to the Central Election
Commission of the Russian Federation.
2. The name of an electoral association shall be the name indicated in the
registered statute of the corresponding political public association.
3. The name of an electoral bloc shall be determined at the congress
(conference) of the representatives of the electoral associations which formed
the given electoral bloc. The name of an electoral bloc shall not make use of
the name of any registered all-Russian public association which has not joined
the given electoral bloc, regardless of whether or not this public association
takes part in the election of the President of the Russian Federation, or the
name of another electoral bloc which has already been registered in the given
election. Neither shall an electoral bloc use the name which it used in the
previous election of the President of the Russian Federation, previous elections
to the State Duma of the Federal Assembly of the Russian Federation if more than
a half of electoral associations which were comprised in the given electoral
bloc in the previous elections are no longer its members. The first name and the
surname of a natural person may be used in the name of an electoral bloc only
with a written consent of the given natural person.
4. Electoral associations, electoral blocs shall not change their name during
the election campaign period.
Article 31
Authorized Representatives of an Electoral Association, Electoral Bloc
; the decision shall
indicate the powers of the authorized representative; his/her first, middle and
last name; date of birth; series and number of the passport or an equivalent
identity paper and the date of its issuance; address of the place of residence;
main place of work or service; position (occupation, if there is no main place
of work or service).
4. The list of authorized representatives of an electoral association, electoral
bloc shall be submitted to the Central Election Commission of the Russian
Federation in a printed and a machine-readable form according to a form
established by the Central Election Commission of the Russian Federation. The
list shall indicate the first, middle and last name, date of birth, series and
number of the passport or an equivalent identity paper and the date of its
issuance, address of the place of residence, main place of work or service,
position (occupation, if there is no main place of work or service), telephone
number of each authorized representative. Appended to the list shall be a
written consent of each of the listed persons to act in this capacity.
5. Authorized representatives of an electoral association, electoral bloc shall
be registered with the Central Election Commission of the Russian Federation.
6. Authorized representatives of electoral associations, electoral blocs who
hold state or municipal offices shall not take advantage of their official
position or status.
7. The term of powers of authorized representatives of an electoral association,
electoral bloc shall commence from the day of their appointment and expire when
the person nominated as a candidate by the given electoral association,
electoral bloc loses the status of a candidate, registered candidate but not
later than the day of official publication of the general election results.
8. Subject to the decision of the body of an electoral association, electoral
bloc authorized to take such decisions an electoral association, electoral bloc
may at any time terminate the powers of an authorized representative of the
electoral association, electoral bloc by serving a written notice to this effect
on this representative and sending a copy of the relevant decision to the
Central Election Commission of the Russian Federation.
Article 32
Participation of Electoral Associations, Electoral Blocs in the Election of
the President of the Russian Federation
Electoral associations,
electoral blocs shall participate in the election of the President of the
Russian Federation on equal terms and conditions in a procedure established by
this Federal Law. Top
CHAPTER 5
Article 33
Nomination of a Candidate Directly by Voters
(c) the appointment of authorized representatives of the initiative voters'
group, with the indication of the data listed in Clause 4
Article, presence of less than 100 members of
the initiative voters' group at its meeting which nominated the candidate or
other violations of the candidate nomination procedure established by this
Federal Law.
12. If registration of an initiative voters' group and its authorized
representatives has been refused, a motivated decision of the Central Election
Commission of the Russian Federation to refuse registration shall be issued to
the authorized representatives. This decision may be appealed in the Supreme
Court of the Russian Federation, which shall adjudicate the complaint within
three days.
Article 34
Nomination of a Candidate by an Electoral Association, Electoral Bloc
1. An electoral
association, electoral bloc shall nominate a candidate after official
publication of the decision to call (hold) the election of the President of the
Russian Federation.
2. An electoral association, electoral bloc may nominate only one candidate.
3. An electoral association, electoral bloc may nominate a candidate who is not
a member of the given electoral association, electoral associations which formed
the given electoral bloc.
4. A decision to nominate a candidate shall be taken by an electoral association
at its congress (conference) by secret ballot.
5. When a candidate is to be nominated by an electoral bloc a person proposed
for nomination from the electoral bloc shall be supported by secret ballot at a
congress (conference) of each electoral association comprised in the electoral
bloc. The said congresses (conferences) shall also approve representatives
authorized to take a decision on the nomination of a candidate from the
electoral bloc. The decision to nominate a candidate from an electoral bloc
shall be taken at a congress (conference) of representatives of the electoral
associations which formed the electoral bloc.
6. The decision of the congress (conference) of an electoral association,
electoral bloc to nominate a candidate shall be recorded in the minutes (or some
other document) indicating:
(a) the number of registered participants in the congress (conference);
(b) the number of participants, which is required for passing a decision in
accordance with the statute of the electoral association, agreement for the
formation of the electoral bloc;
(c) the decision to nominate a candidate indicating the candidate's first,
middle and last name, his/her date of birth, education, main place of work or
service and position (occupation, if there is no main place of work), address of
the place of residence, citizenship, length of residence in the territory of the
Russian Federation;
(d) the decision on the appointment of authorized representatives of the
electoral association, electoral bloc;
(e) the date of the decision.
7. The decision of the congress (conference) of an electoral association on the
nomination of a candidate shall be certified by the signature of the head of the
electoral association and the seal of the electoral association. When a
candidate is nominated by an electoral bloc, the decision taken by the congress
(conference) of an electoral association which joined the electoral bloc on the
nomination of a person proposed for nomination as a candidate shall be certified
by the signature of the head of this electoral association and the seal of the
electoral association; the decision of the congress (conference) of an electoral
bloc on the nomination of a candidate shall be certified by the signatures of
the authorized representatives of the electoral bloc and by the seals of the
electoral associations which formed the electoral bloc.
8. Not later than 30 days after official publication of the decision to call
(hold) the election of the President of the Russian Federation, the authorized
representatives of an electoral association, electoral bloc shall submit the
decision of the congress (conference) of the electoral association, electoral
bloc on the nomination of a candidate to the Central Election Commission of the
Russian Federation. In the event of early election of the President of the
Russian Federation the aforementioned period is not applied.
9. Simultaneously with the submission of the decision of the congress
(conference) of an electoral association on the nomination of a candidate an
authorized representative of the electoral association shall submit the
following documents to the Central Election Commission of the Russian
Federation:
(a) a notarized copy or the certificate evidencing that the all-Russian
political public association has been registered with the Ministry of Justice of
the Russian Federation;
(b) a notarized copy of the current statute of the all-Russian political public
association;
(c) the list of authorized representatives of the electoral association
indicating the data listed in Clause 3
Article 31 of this Federal Law.
10. Simultaneously with the submission of the decision of the congress
(conference) of an electoral bloc on the nomination of a candidate an authorized
representative of the electoral bloc shall submit the following documents to the
Central Election Commission of the Russian Federation:
(a) the minutes of the congresses (conferences) of the electoral associations
which formed the electoral bloc with decisions on the nomination of the person
proposed for election as a candidate from the electoral bloc;
(b) the list of authorized representatives of the electoral bloc indicating the
data listed in Clause 3
Article an authorized representatives of an
electoral association, electoral bloc shall submit to the Central Election
Commission of the Russian Federation the candidate's statement expressing
his/her consent to run. This statement shall indicate the first, middle and last
name of the candidate, his/her date and place of birth, address of the place of
residence, education, main place of work or service (occupation, if there is no
main place of work or service), position, length of residence in the territory
of the Russian Federation, citizenship (if the candidate has Russian Federation
and foreign citizenship - also the foreign citizenship and the name of the
corresponding foreign state, the date when the citizenship was received and the
reasons therefor), and, on the candidate's request , his/her membership and
status in not more than one public association registered not later than a year
prior to voting day and his/her status in this public association. If a
candidate has a conviction that has not expired or has not been cancelled, the
statement shall also indicate the number (numbers) and the name (names) of the
article (articles) of the Criminal Code of the Russian Federation on the basis
of which the candidate was convicted and the article (articles) of the criminal
code adopted in accordance with the Fundamental Criminal Legislation of the USSR
and the Union republics, the article (articles) of the law of a foreign state
and the name of the law, if the candidate was convicted under these legislative
acts for actions qualified as crimes by the current Criminal Code of the Russian
Federation.
12. An authorized representative of an electoral association, electoral bloc
shall also submit to the Central Election Commission of the Russian Federation
the information about the amount and sources of the income of the candidate,
his/her spouse and children, information about the property owned by the
candidate, his/her spouse and children and about property liabilities of the
candidate, his/her spouse and children. The information about the amount and
sources of the income shall be submitted in form of copies of the income
declarations of the citizen who is a candidate, his/her spouse and children for
two years preceding the year in which the election of the President of the
Russian Federation was called (endorsed by the tax authorities). If the
declaration does not indicate the sources of income, this information shall be
submitted additionally according to a form established by the Central Election
Commission of the Russian Federation. If under the laws of the Russian
Federation on taxes and levies the citizen who is a candidate, his/her spouse
and/or children does (do) not have to file an income declaration, information
about the aggregate income for two years preceding the year in which the
election of the President of the Russian Federation was called shall be provided
by the organization (organizations) where this income was received. Information
concerning the property owned by the candidate, his/her spouse and children
shall be submitted in a form established by Annex 3 to this Federal Law. The
list of the information concerning the income and the property of a candidate
subject to publication in the event of his/her registration shall be determined
by the Central Election Commission of the Russian Federation. If for two years
before the election of the President of the Russian Federation was called the
candidate and/or the candidate's spouse and/or children received no income
and/or if they own no property and/or have no property liabilities which are to
be declared under this clause, this fact shall be indicated in the candidate's
statement expressing his/her consent to run.
13. A candidate may give his/her consent to run only to one electoral
association, electoral bloc.
14. The Central Election Commission of the Russian Federation shall issue to an
authorized representative of an electoral association, electoral bloc a written
note confirming receipt of the documents submitted in accordance with this
article, immediately after they were submitted.
15. Within five days, the Central Election Commission of the Russian Federation
shall consider the submitted documents and take a decision to register
authorized representatives of an electoral association, electoral bloc or a
motivated decision to refuse to register the authorized representatives of the
electoral association, electoral bloc. If, at the same time, an electoral bloc
submitted to the Central Election Commission of the Russian Federation the
documents for registration of the electoral bloc as provided by
Article, other violations of the candidate
nomination procedure established by this Federal Law.
17. In the event of refusal of registration a motivated decision of the Central
Election Commission of the Russian Federation to refuse registration shall be
issued to the authorized representatives of an electoral association, electoral
bloc. This decision may be appealed in the Supreme Court of the Russian
Federation, which shall adjudicate the complaint within three days.
Article 35
Ensuring Equal Status of Candidates
1. All candidates shall
have equal rights and bear equal obligations, save as provided otherwise by this
Federal Law.
2. The Central Election Commission of the Russian Federation shall ensure ready
accessibility of the information about candidates and changes in this
information (in the "read only" mode) to the users of the public
information-communication networks.
3. Candidates holding government and municipal offices, persons who are not
candidates but hold government and municipal offices shall not take advantage of
their official position or status during the preparation and conduct of the
election of the President of the Russian Federation.
4. In this Federal Law taking advantage of one's official position or status
shall mean:
(a) involvement, during the working hours, of persons who are subordinate to or
dependent otherwise on the candidate in the line of duty, of other government
and municipal employees in the activity conducive to nomination and/or election;
(b) use of premises occupied by state bodies or bodies of local self-government
for carrying on activities conducive to nomination and/or election of a
candidate, registered candidate, if other candidates or registered candidates
cannot use the same premises on the same terms and conditions;
(c) use of telephone, fax and other means of communication, information
services, office equipment of state organizations or bodies of local
self-government for collecting voter signatures or election campaigning;
(d) use of state- or municipality-owned transport facilities free of charge or
at reduced rates for carrying on activities conducive to nomination and/or
election. This provision shall not apply to persons using the said transport
facilities in accordance with the federal law on state-provided security;
(e) collection of voter signatures or election campaigning by government or
municipal employees in the course of business trips paid for from the state or
municipal funds;
(f) privileged access (compared to other candidates, registered candidates) or
provision of privileged access to the mass media indicated in Sub-clauses "a" -
"d" Clause 1
Article 47 of this Federal Law for collecting
voter signatures or election campaigning.
5. Compliance with the aforementioned restrictions must not interfere with the
exercise by deputies, elected officials of their powers and performance of their
duties in respect of voters.
6. In the course of an election campaign no charity activities shall be carried
on by candidates, electoral associations, electoral blocs which have nominated
candidates, electoral associations comprised in these electoral blocs,
authorized representatives of electoral associations, electoral blocs, members
and authorized representatives of initiative groups of voters which nominated
candidates as well as organizations whose founders, owners, possessors are
and/or whose governing or supervisory bodies include the said persons and/or
organizations (representatives of the said organizations) and by other natural
persons and legal entities acting on the request or on the instructions of the
said persons and organizations. The said persons and organizations shall not ask
other natural persons and legal entities to provide material and financial aid
or services to voters and organizations. Natural persons and legal entities
shall not carry on charity activities on behalf or in support of candidates,
electoral associations and electoral blocs which nominated candidates, their
authorized representatives, members and authorized representatives of initiative
groups of voters which nominated candidates.
Article 36
Collection of Signatures in Support of a Candidate
1. An electoral
association, electoral bloc, initiative voters' group which nominated a
candidate shall collect not less than a million signatures in his/her support.
Not more than seventy thousand signatures of voters who permanently or currently
reside in the territory of the given Subject of the Russian Federation may be
collected in any one Subject of the Russian Federation. If signatures are
collected among voters who permanently or currently reside outside the territory
of the Russian Federation, the total number of such signatures shall not exceed
seventy thousand.
2. Collection of signatures in support of a candidate shall start from the day
of registration of authorized representatives of an electoral association,
electoral bloc, initiative voters' group. Collection of voter signatures before
registration of authorized representatives shall not be allowed.
3. Signature sheets shall be made up according to a form shown in Annexes 1 and
2 to this Federal Law.
4. When voter signatures are collected, each signature sheet shall indicate the
first, middle and last name of the candidate, his/her date of birth, main place
of work or service and position (occupation, if there is no main place of work
or service), place of residence of the candidate (the Subject of the Russian
Federation, raion, town, city or other populated center) and the initiator of
the candidate's nomination. If a candidate has a conviction that has not expired
or has not been cancelled, the signature sheet shall indicate the number
(numbers) and the name (names) of the article (articles) of the Criminal Code of
the Russian Federation on the basis of which the candidate was convicted and the
article (articles) of the criminal code adopted in accordance with the
Fundamental Criminal Legislation of the USSR and the Union republics, the
article (articles) of the law of a foreign state and the name of the law, if the
candidate was convicted under these legislative acts for actions qualified as
crimes by the current Criminal Code of the Russian Federation. If the candidate
has Russian Federation and foreign citizenship, the signature sheet shall
indicate this fact along with the name of the corresponding foreign state. Each
signature sheet shall indicate the name of the Subject of the Russian Federation
in which signatures are collected and, if signatures of Russian Federation
citizens are collected outside the Russian Federation, the name of the
corresponding foreign state.
5. The signature sheet shall also indicate the membership of the candidate in
the public association, which the candidate indicated in his/her statement of
consent to run in accordance with Clause 7
Article 33 or Clause 11
Article shall be reduced by half.
Article 37
Submission of Electoral Documents for Registration of Candidates
1. For registration of a
candidate the candidate or an authorized representative of the electoral
association, electoral bloc, initiative voters' group shall, not earlier than 90
days and not later than 55 days prior to voting day, submit the following
electoral documents to the Central Election Commission of the Russian Federation
before 18.00 hours, Moscow time:
(a) signature sheets with voter signatures collected in support of nomination of
the candidate;
(b) a protocol of signature collection results on a paper medium, in duplicate,
and on a machine-readable medium according to a form established by the Central
Election Commission of the Russian Federation;
(c) information about changes in the candidate's data submitted earlier in
pursuance of Clauses 5 and 7
Article 33 and Clause 11
Article 34 of this Federal Law;
(d) the first financial report of the candidate.
2. Signature sheets submitted to the Central Election Commission of the Russian
Federation shall be numbered and bound into files according to the Subjects of
the Russian Federation, foreign states where signatures were collected.
3. The number of voter signatures in support of a candidate submitted to the
Central Election Commission of the Russian Federation may be larger than the
number of signatures required for registration under this Federal Law but shall
not exceed this number by not more than 15 percent.
4. When accepting electoral documents the Central Election Commission of the
Russian Federation shall certify each file containing signature sheets with the
seal of the Central Election Commission of the Russian Federation, make sure
that the number of the submitted signature sheets corresponds to the number
indicated in the protocol of the results of voter signature collection and then
issue to the candidate or an authorized representative of the electoral
association, electoral bloc, initiative voters' group a written receipt
certifying the acceptance of the signature sheets and indicating the number of
accepted signature sheets, the stated number of signatures, the date and time of
acceptance of the signature lists. The Central Election Commission of the
Russian Federation shall not restrict admission to the commission's premises for
a candidate, an authorized representative of an electoral association, electoral
bloc, initiative voters' group which nominated candidates nor shall it refuse to
accept from these persons the electoral documents required for registration if
the documents were delivered before expiration of the time indicated in Clause 1
of this article.
Article 38
Verification of the Data Contained in Signature Sheets and Information
Submitted by Candidates, Electoral Associations, Electoral Blocs, Initiative
Voters' Groups
11. The following signatures shall be pronounced invalid:
(a) voter signatures put on a signature sheet before the date on which
authorized representatives of an electoral association, electoral bloc,
initiative voters' group which nominated the candidate were registered by the
Central Election Commission of the Russian Federation;
(b) signatures found invalid on the basis of Clause 6
Article, further verification of the signature
sheets shall be discontinued and the candidate shall not be registered.
16. Neither shall a candidate be registered if the number of submitted voter
signatures minus the number of signatures found unauthentic and invalid is
insufficient for registration.
17. After the end of verification of signature sheets a protocol of verification
results shall be drawn up for each candidate. The protocol shall be signed by
the head of the working group - a voting member of the Central Election
Commission of the Russian Federation and shall be submitted to the Central
Election Commission of the Russian Federation for adoption of an appropriate
decision. The protocol shall indicate the stated number of voter signatures in
support of a candidate; the number of submitted voter signatures; the number of
signatures subjected to verification; the number of signatures found to be
unauthentic and invalid and the reasons therefor. This protocol shall be
appended to the appropriate decision of the Central Election Commission of the
Russian Federation. No changes shall be made in the protocol after the decision
has been taken by the Central Election Commission of the Russian Federation. A
copy of the protocol shall be given to the candidate or to an authorized
representatives of the electoral association, electoral bloc, initiative voters'
group not less than 12 hours prior to the meeting of the Central Election
Commission of the Russian Federation at which registration of the candidate is
to be considered. If the number of authentic signatures has been found to be
insufficient or if more than 15 percent of voter signatures subjected to
verification have been found to be unauthentic and invalid, the candidate or an
authorized representative of the electoral association, electoral bloc,
initiative voters' group may receive from the Central Election Commission of the
Russian Federation the protocol and a copy of the verification report certified
by the head of the working group. The report shall set forth the reasons why
voter signatures were pronounced unauthentic and invalid and indicate the number
of the file, the number of the signature sheet and the number of the line on the
signature sheet wherein each such signature in contained.
Article 39
Registration of a Candidate
1. Not later than ten days
after acceptance of signature sheets and other documents required for
registration of a candidate the Central Election Commission of the Russian
Federation shall either register the candidate or take a motivated decision to
refuse registration of a candidate. If the registered candidate was nominated by
an electoral association, electoral bloc, the decision of the Central Election
Commission of the Russian Federation shall mention that the candidate has been
nominated by an electoral association, electoral bloc. The decision to register
a candidate shall indicate the date and time of the registration.
2. If a candidate, registered candidate uses a pseudonym in his/her creative
activity or if there are persons bearing the same surnames among the candidates,
registered candidates, the said candidate, registered candidate may, within five
days after the deadline for the submission of documents for registration of
candidates to the Central Election Commission of the Russian Federation,
register his/her creative pseudonym with the Central Election Commission of the
Russian Federation and, if there is another person bearing the same surname, any
pseudonym which he/she may use in the course of election campaigning along with
his/her true first, middle and last name. The pseudonym of a candidate,
registered candidate shall be indicated, along with the true first, middle and
last name, in all official documents (including information documents) and in
other materials issued by the election commissions. Such a pseudonym shall not
be the name or the already registered pseudonym of some other candidate,
registered candidate.
3. Having taken a decision to refuse registration of a candidate, the Central
Election Commission of the Russian Federation shall, within 24 hours after the
decision was taken, issue a copy of this decision stating the reasons for the
refusal to the candidate or to an authorized representative of the electoral
association, electoral bloc, initiative voters' group which nominated the
candidate. The reasons for the refusal may be as follows:
(a) essential violation of the signature collecting procedure established by
this Federal Law;
(b) absence or improper execution of the documents indicated in
Articles 33, 34 and 37 of this Federal Law;
(c) insufficient number of submitted authentic voter signatures in support of
the candidate or the proportion of unauthentic and invalid signatures found
among the signatures subjected to verification exceeding 15 percent;
(d) inaccuracy of the information submitted by the candidate in accordance with
this Federal Law, if the inaccuracy is essential, including failure to declare
the income exceeding by more than 200 times the minimum monthly wage established
by the federal law as of the day of official publication of the decision to call
(hold) the election of the President of the Russian Federation, if such income
accounts for more than 10 percent of the income declared in accordance with this
Federal Law; failure to declare apartments, houses, land plots, air, sea, river
craft, an enterprise (a part thereof) owned by the candidate; failure to declare
a deposit (deposits, a part of the deposit) in settlement accounts exceeding by
more than 200 times the minimum monthly wage established by the federal law as
of the day of official publication of the decision to call (hold) the election
of the President of the Russian Federation if this deposit exceeds by more than
10 percent the amount of the deposit (deposits) in the settlement accounts
declared under this Federal Law.
(e) essential violation of the rules for the formation and expenditure of the
electoral fund of the candidate;
(f) violation of Clause 6
Article 35 of this Federal Law by the
candidate, the electoral association, electoral bloc, initiative voters' group
which nominated the candidate and their authorized representatives;
(g) other reasons provided by this Federal Law.
4. Upon discovery of an offence which entails criminal or administrative
liability the Central Election Commission of the Russian Federation shall hand
over appropriate electoral documents and other materials to law enforcement
bodies to bring to responsibility the persons guilty of violation of this
Federal Law.
5. If the inaccuracy of the information submitted by a candidate in pursuance of
Articles 33, 34 and 37 of this Federal Law has
been established after registration of the candidate and this inaccuracy is
essential, the Central Election Commission of the Russian Federation may, not
later than 16 days prior to voting day, annul the decision to register the
candidate or, 15 days to 1 day prior to voting day, apply to a court for
annulment of the candidate's registration.
6. The decision of the Central Election Commission of the Russian Federation to
register a candidate or to refuse his/her registration may be appealed in the
Supreme Court of the Russian Federation. The appeal shall be adjudicated within
five days.
7. A certificate of registration shall be issued to each registered candidate,
indicating the date and time of registration. Within 48 hours after registration
the Central Election Commission of the Russian Federation shall release the data
about the registered candidates to the mass media. Not later than 15 days prior
to voting day territorial election commissions shall display information about
registered candidates on bulletin boards inside their premises; the said
information shall contain the data listed in Clauses 5 and 7
Article 33 and Clause 11
Article 34 of this Federal Law. The same
procedure shall be used to announce information about annulment of registration
of registered candidates, changes in the membership of electoral blocs which
nominated registered candidates. The information concerning registered
candidates shall be arranged in the same order as on ballots.
8. If, 45 days prior to voting day, less than two candidates are registered, the
Central Election Commission of the Russian Federation shall take a decision to
postpone the election for a period of up to 60 days for additional nomination of
candidates and performance of subsequent electoral actions.
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CHAPTER 6
Article 40
Equality of Registered Candidates
1. All registered
candidates shall have equal rights and bear equal obligations, except as
provided otherwise by this Federal Law, Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum," other federal laws.
2. Registered candidates holding government offices of category "A" according to
the federal law "On the Basic Principles of the Civil Service in the Russian
Federation" and registered candidate holding elective municipal offices shall
not take advantage of their official position.
3. Registered candidates who are on the civil or municipal service or work in
the mass media under a labor agreement or a civil-law contract shall be released
from the performance of their official duties during their participation in the
election of the President of the Russian Federation .Within three days after
registration, they shall submit to the Central Election Commission of the
Russian Federation a certified copy of the relevant order (directive) or copies
of the documents certifying that in this period they applied for the release
from their duties, and they shall not take advantage of their official position
or status. The President of the Russian Federation running for election for a
second term or the Chairman of the Government of the Russian Federation who,
under the Constitution of the Russian Federation, acts as President of the
Russian Federation and is a registered candidate shall continue to exercise
his/her powers but shall not take advantage of his/her official position.
4. Violations of the principle of equal suffrage committed by taking advantage
of one's official position and status are listed in Clause 4
Article 35 of this Federal Law.
5. Registered candidates holding government offices of category "A" or elective
municipal offices shall carry on election campaigning only when the are off duty
(on leave, on weekends and holidays, on other days off). This rule shall not
apply when the said registered candidates use free air time on the channels of
the state and municipal TV and radio broadcasting organizations in accordance
with
Article shall not prevent deputies, elected
officials from exercising their powers and performing their duties in respect of
voters.
8. In the course of an election campaign no charity activities shall be carried
on by registered candidates and their authorized representatives for financial
matters and agents, electoral associations, electoral blocs which nominated
registered candidates, electoral associations comprised in such electoral blocs,
authorized representatives of electoral associations, electoral blocs which
nominated registered candidates, members and authorized representatives of
initiative groups of voters which nominated registered candidates and
organizations whose founders, owners or possessors are and/or whose governing or
supervisory bodies include the said persons and/or organizations
(representatives of such organizations) as well as other natural persons and
legal entities acting on the request or on the instructions of the said persons
and/or organizations. The said persons and organizations shall not ask other
natural persons and legal entities to render material and financial aid or
services to voters and organizations. Natural persons and legal entities shall
not carry on charity activities on behalf or in support of registered candidates
and their authorized representatives for financial matters and agents, electoral
associations, electoral blocs, initiative groups of voters which nominated
registered candidates and their authorized representatives.
Article 41
Guarantees for the Activity of a Registered Candidate
1. Upon a registered
candidate's request or report the management of the organization, the commanding
officer of the military unit, the head of the internal affairs body where a
registered candidate works, serves or undergoes military training shall release
the registered candidate from work, service, study on any day and for any time
during the period from the date of the candidate's registration by the Central
Election Commission of the Russian Federation to the day of official publication
of the election results. If a registered candidate is released from work,
service, the Central Election Commission of the Russian Federation shall pay the
registered candidate monetary compensation in the amount of his/her average
monthly wage (salary, pay) from the state budget funds allocated for the
preparation and conduct of the election. The said compensation shall be paid
from the funds allocated from the federal budget for the preparation and conduct
of the election of the President of the Russian Federation and shall not exceed
by more than 20 times the minimum monthly wage established by the federal law as
of the day on which a decision to call (hold) the election of the President of
the Russian Federation was officially published. The monetary compensation shall
be paid to the registered candidate for the period during which he/she is
released from the main work on the basis of an order of the management of the
candidate's main place of work or service granting an unpaid leave to the
candidate.
2. A registered candidates shall be entitled to payment of compensation for
travel expenses incurred in the use of any means of public transport within the
territory of the Russian Federation, with the exception of taxi and chartered
trips. A registered candidate shall be compensated for the cost of tickets for
suburban transport (not more than 30 trips) and inter-city transport (not more
than 89 trips from the place of residence indicated by him/her in the statement
expressing the consent to nomination to the center of the Subject of the Russian
Federation and back) - upon production of the tickets, and for the cost of
passes - upon production of passes for the corresponding period.
3. Travel expenses of a registered candidate shall be compensated for by the
Central Election Commission of the Russian Federation from the funds allocated
from the federal budget for the preparation and conduct of the election of the
President of the Russian Federation.
4. No monetary compensation and no compensation for travel expenses shall be
paid after a registered candidate submits the final financial report to the
Central Election Commission of the Russian Federation within the period
established by this Federal Law.
5. A registered candidate shall not be dismissed from his/her job on the
initiative of the administration (employer); expelled from an educational
establishment; transferred to another job, including jobs in other localities,
or sent on business trips without his/her consent; called up for military or
alternative (civil) service or military training. The time of participation of a
registered candidate in the election of the President of the Russian Federation
shall be included in his/her overall service record in accordance with his/her
specialty before registration.
6. A registered candidate shall not be subjected to criminal prosecution,
arrested and no administrative punishments shall be imposed on the registered
candidate by a court without the consent of the Prosecutor General of the
Russian Federation. Having given such a consent, the Prosecutor General of the
Russian Federation shall serve a notice to this effect on the Central Election
Commission of the Russian Federation.
7. A registered candidate, his/her agent shall be entitled to receive from the
appropriate election commission of the Subject of the Russian Federation a list
of electoral precincts, indicating their boundaries, the addresses and telephone
numbers of territorial and precinct election commissions, addresses of voting
premises.
8. A registered candidate shall lose the rights and shall be released from the
obligations connected with the status of a registered candidate from the day of
official publication of the general election results. If the Central Election
Commission of the Russian Federation appoints the repeat voting, registered
candidates whose candidatures are not involved in the repeat voting shall lose
their status from the day on which the Central Election Commission of the
Russian Federation appointed the date of the repeat voting. In the case provided
by Clause 3
Article 73 of this Federal Law a registered
candidate who takes the place of the registered candidate who withdrew from the
election shall regain the rights and obligations connected with the status of a
registered candidate.
Article 42
Agents of a Registered Candidate
1. A registered candidate
may have up to 600 agents. These persons shall be registered by the Central
Election Commission of the Russian within three days after receipt of a written
statement from a registered candidate about appointment of agents and a written
statement of the person expressing his/her consent to be an agent of the
candidate. These statements shall indicate the first, middle and last name of
the agent, his/her date of birth, main place of work or service (occupation, if
there is no main place of work or service), position, address of the place of
residence (the name of the Subject of the Russian Federation, raion, city or
town, other populated center, street, number of the house and the apartment),
series and number of the passport or an equivalent identity paper, date of its
issuance. The list of agents shall be submitted to the Central Election
Commission of the Russian Federation in a printed and a machine-readable form
according to a form established by the Central Election Commission of the
Russian Federation.
2. Agents of a registered candidate shall receive a certificate from the Central
Election Commission of the Russian Federation. The administration (employer)
shall grant an unpaid leave of absence to agents on their request for the period
indicated in Clause 1
Article, but not later than the day of official
publication of the general election results or, if complaints about violations
of this Federal Law are being investigated by a court, not later than the date
of the final decision of the court.
Article 43
Withdrawal of a Candidate, Registered Candidate
result from the fact that
a registered candidate has withdrawn his/her candidature or an electoral
association, electoral bloc has recalled a registered candidate without
compelling reasons or registration of a candidate has been annulled in
accordance with Clause 3 or 4
Article 80 of this Federal Law, all expenses
incurred by the Central Election Commission of the Russian Federation in the
preparation and conduct of the election shall be collected from this registered
candidate, electoral association, electoral bloc, respectively. If the
obligation to compensate for these expenses is imposed on an electoral bloc, the
amounts required for compensation shall be equally divided between the electoral
associations comprised in the given bloc as of the date on which the relevant
decision was taken by the electoral bloc, unless another method of division is
envisaged in the agreement on the establishment of this electoral bloc submitted
to the Central Election Commission of the Russian Federation.
8. In this Federal Law the reasons compelling a registered candidate to withdraw
his/her candidature or an electoral association, electoral bloc to recall a
registered candidate mean certified incapacitation, serious illness, persistent
health problems of a registered candidate or his close relatives.
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CHAPTER 7
Article 44
Election Campaigning and Its Forms
1. Election campaigning
may be conducted:
(a) on the channels of TV and radio broadcasting organizations and in
periodicals;
(b) by organizing public events (gatherings and meetings with citizens, rallies,
marches, demonstrations, public debates and discussions);
(c) by issuing and distributing printed, audio-visual and other propaganda
materials;
(d) in other forms which are not prohibited by law.
2. Election campaigning on the channels of TV and radio broadcasting
organizations and in periodicals shall be conducted in the form of public
debates, discussions, "roundtables", press conferences, interviews, speeches,
political advertising, demonstration of TV features and video films about a
registered candidate and in other forms which are not prohibited by law.
Registered candidates shall be entitled to select the form and nature of their
election campaigning at their own discretion. Payment for election campaigning
on the channels of TV and radio broadcasting organizations and in periodicals
shall be made from the electoral funds of registered candidates, save the cases
when air time and space in periodicals are provided to registered candidates
free of charge in a procedure established by
Articles 48 - 50 of this Federal Law.
3. Election campaigning shall not be conducted and any kind of election
propaganda materials shall not be produced and distributed by:
(a) federal bodies of state power, bodies of state power of the Subjects of the
Russian Federation, other state bodies, bodies of local self-government;
(b) persons holding government and municipal offices, government and municipal
employees, servicemen - when they are discharging their official duties or if
they are to use their official position or status for the purpose;
(c) military units, military establishments and organizations;
(d) charity organizations, religious associations and the organizations founded
by them;
(e) election commissions, voting members of election commissions.
Article 45
Election Campaigning Period
1. Election campaigning
shall start from the day of a candidate's registration, save as established
otherwise by this Federal Law, and shall end at 00.00 hours, local time, one day
prior to voting day.
2. All kinds of election campaigning shall be prohibited from the day on which
the decision to call (hold) the election of the President of the Russian
Federation was published to the day of a candidate's registration and also on
voting day and a day before.
3. Printed election propaganda materials (leaflets, posters, etc.) which were
earlier displayed in places other than the buildings and premises of election
commissions in compliance with the rules established by the federal law shall
remain in place on voting day.
4. In the event of the repeat voting election campaigning shall start from the
day on which the Central Election Commission of the Russian Federation appoints
the day of the repeat voting and shall end at 00.00 hours, local time, a day
before the day of the repeat voting.
Article 46
Public Opinion Polls
1. When publishing (making
public) the results of public opinion polls related to the election of the
President of the Russian Federation the mass media shall indicate the
organization which conducted the poll, the time when it was conducted, the
number of respondents (sample), the method for the collection of information,
the precise formulation of the question, the statistical assessment of a
possible error.
2. After the last day of registration of candidates the organizations which
conduct opinion polls in connection with the election of the President of the
Russian Federation with a view of publishing their results in the mass media and
the organizations which publish the results of such opinion polls and forecasts
concerning the election results shall furnish copies of these publications to
the Central Election Commission of the Russian Federation for the formation of a
data bank from which information shall be available for examination or copying
to persons indicated in Clause 1
Article 21 of this Federal Law and to foreign
(international) observers on their request.
3. During three days prior to voting day and on voting day the mass media shall
not publish any information about the results of public opinion polls, any
forecasts concerning the results of the election of the President of the Russian
Federation, any other studies related to the election.
Article 47
TV and Radio Broadcasting Organizations and Periodicals Which Are Used by
Registered Candidates for Election Campaigning
1. Registered candidates
may use the services of the following TV and radio broadcasting organizations
and editorial offices of periodicals for election campaigning in the election of
the President of the Russian Federation:
(a) all-Russian state-run TV and radio broadcasting organizations, i.e. TV and
radio broadcasting organizations with a stable reception zone extending to a
half or more than a half of the Subjects of the Russian Federation, which are
founded (co-founded) by state bodies, organizations, institutions and/or which,
in the year preceding the day of official publication of the decision to call
(hold) the election, were financed by not less than 15 percent of their budget
from the funds allocated by federal bodies of state power, bodies of state power
of the Subjects of the Russian Federation;
(b) regional state-run TV and radio broadcasting organizations, i.e. TV and
radio broadcasting organizations with a stable reception zone extending to less
than a half of the Subjects of the Russian Federation, which are founded
(co-founded) by state bodies, organizations, institutions and/or which, in the
year preceding the day of official publication of the decision to call (hold)
the election, were financed by not less than 15 percent of their budget from the
funds allocated by federal bodies of state power, bodies of state power of the
Subjects of the Russian Federation, as well as the corresponding divisions of
the TV and radio broadcasting organizations indicated in Sub-clause "a" of this
Clause;
(c) editorial offices of all-Russian state-run periodicals, i.e. editorial
offices of periodicals distributed in the territory of a half or more than a
half of the Subjects of the Russian Federation, which are founded (co-founded)
by state bodies, organizations, institutions and/or which, in the year preceding
the day of official publication of the decision to call (hold) the election,
were financed by not less than 15 percent of their budget from the funds
allocated by federal bodies of state power, bodies of state power of the
Subjects of the Russian Federation, save the editorial offices of periodicals
indicated in Sub-clause 2 of this Clause;
(d) editorial offices of regional state-run periodicals, i.e. editorial offices
of periodicals distributed in the territory of less than a half of the Subjects
of the Russian Federation, if these editorial offices or these periodicals are
founded (co-founded) by state bodies, organizations, institutions and/or if, in
the year preceding the day of official publication of the decision to call
(hold) the election, these editorial offices of periodicals were financed by not
less than 15 percent of their budget from the funds allocated by federal bodies
of state power, bodies of state power of the Subjects of the Russian Federation,
save the editorial offices of periodicals indicated in Sub-clause 2 of this
Clause;
(e) municipal TV and radio broadcasting organizations and editorial offices of
municipal periodicals, i.e. TV and radio broadcasting organizations and
editorial offices of periodicals, if these organizations, periodicals or their
editorial offices are founded (co-founded) by bodies of local self-government
and/or if, in the year preceding the day of official publication of the decision
to call (hold) the election, these organizations, editorial offices were
financed by not less than 15 percent of their budget from the funds allocated by
bodies of local self-government, save the editorial offices of periodicals
indicated in Sub-clause 2 of this Clause;
(f) all-Russian non-state-run TV and radio broadcasting organizations, i.e. the
TV and radio broadcasting organizations which do not come within Sub-clauses "a"
- "e" of the this Clause, whose zone of reliable reception extends to a half or
more than a half of the Subjects of the Russian Federation;
(g) regional non-state-run TV and radio broadcasting organizations, i.e. the TV
and radio broadcasting organizations which do not come within Sub-clauses "a" -
"e" of the this Clause, whose zone of reliable reception extends to less than a
half of the Subjects of the Russian Federation;
(h) editorial offices of all-Russian non-state-run periodicals, i.e. the
editorial offices which do not come within Sub-clauses "a" - "e" of this Clause,
with their periodicals distributed in the territory of a half or more than a
half of the Subjects of the Russian Federation;
(i) editorial offices of regional non-state-run periodicals, i.e. the editorial
offices which do not come within Sub-clauses "a" - "e" of this Clause, with
their periodicals distributed in the territory of less than a half of the
Subjects of the Russian Federation;
(j) specialized TV and radio broadcasting organizations and editorial offices of
specialized periodicals (cultural-educational, children's, technical,
scientific, etc.).
2. The editorial offices of periodicals founded by bodies of legislative
(representative) and judicial power and by bodies of local self-government
exclusively for the publication of their official documents and announcements,
statutory and other acts shall not publish any election propaganda materials and
editorials highlighting the activity of candidates, registered candidates,
electoral associations, electoral blocs, initiative groups of voters which
nominated candidates, registered candidates.
3. The list of all-Russian state-run TV and radio broadcasting organizations and
all-Russian state-run periodicals shall be published by the Central Election
Commission of the Russian Federation on the basis of the information submitted
by the appropriate federal bodies of executive power which formulate and
implement the state policy in the field of the mass media, not later than the
tenth day after the day of official publication of the decision to call (hold)
the election of the President of the Russian Federation. The said list shall
make a special mention of the all-Russian state-run periodicals which come out
less frequently than once a week.
4. The list of regional state-run TV and radio broadcasting organizations and
regional state-run periodicals shall be published by the election commissions of
the Subjects of the Russian Federation on the basis of the information submitted
by the appropriate territorial agencies of the federal bodies of executive power
which formulate and implement the state policy in the field of the mass media
and the bodies of executive power of the Subjects of the Russian Federation, not
later than the tenth day after the day of official publication of the decision
to call (hold) the election of the President of the Russian Federation. The said
list shall make a special mention of the regional state-run periodicals which
come out less frequently than once a week.
Article 48
General Conditions for Election Campaigning on the Channels of TV and Radio
Broadcasting Organizations and in Periodicals
,
Articles 49 and 50 of this Federal Law or for a
charge.
2. The state and municipal TV and radio broadcasting organizations and editorial
offices of state and municipal periodicals shall guarantee registered candidates
equal terms and conditions for election campaigning, presentation of their
election programs to voters.
3. Non-state-run TV and radio broadcasting organizations and editorial offices
of non-state-run periodicals may provide air time, space to registered
candidates for a charge. In the event of provision of air time and space the
rates and payment terms shall be the same for all registered candidates for whom
air time, space was provided.
4. A TV and radio broadcasting organization, editorial office of a periodical
shall publish information about the rates (in Russian Federation currency) and
terms of payment for air time, space not later than 30 from the day of official
publication of the decision to call (hold) the election of the President of the
Russian Federation. This information along with a notice of readiness to provide
air time, space to registered candidates shall be presented: to the Central
Election Commission of the Russian Federation - by all-Russian TV and radio
broadcasting organizations and editorial offices of all-Russian periodicals; to
the election commission of the Subject of the Russian Federation - by the
regional and municipal TV and radio broadcasting organizations and editorial
offices of regional and municipal periodicals.
5. Election campaigning on the channels of state and municipal TV and radio
broadcasting organizations shall be conducted on working days in the period
which commences 30 days prior to voting day and ends one day prior to voting
day, on working days. Election campaigning in periodicals shall be conducted in
the period which commences 40 days prior to voting day and ends one day prior to
voting day.
6. In the event of the repeat voting election campaigning on the channels of
state and municipal TV and radio broadcasting organizations and in state and
municipal periodicals shall be conducted on working days in the period which
commences two days after the repeat voting was declared and ends one day prior
to voting day.
7. Non-state and municipal TV and radio broadcasting organizations, editorial
offices of periodicals and editorial offices of state-run periodicals which come
out less frequently than once a week may refuse to take part in any propaganda
activity. Specialized TV and radio broadcasting organizations and editorial
offices of specialized periodicals may refuse to take part in highlighting the
election campaign. Such refusal shall be non-presentation to the appropriate
election commission of the notice indicated in Sub-clause 4 of this Clause.
8. TV and radio broadcasting organizations and editorial offices of periodicals
which provided air time and space to registered candidates free or for a charge
shall keep separate records of the amount and cost of this air time and space
according to a form established by the Central Election Commission of the
Russian Federation. Five days prior to voting day and within five days after
voting day, the data of these records shall be presented by all-Russian TV and
radio broadcasting organizations and editorial offices of all-Russian
periodicals to the Central Election Commission of the Russian Federation, by
regional and municipal TV and radio broadcasting organizations and editorial
offices of regional and municipal periodicals to the election commission of the
Subject of the Russian Federation.
9. TV and radio broadcasting organizations and editorial offices of periodicals
- on the request of the Central Election Commission of the Russian Federation,
regional and municipal TV and radio broadcasting organizations and editorial
offices of regional and municipal periodicals - also on the request of the
election commissions of the Subject of the Russian Federation shall present to
these commissions the documents confirming the consent of a registered candidate
to the provision of paid services and to payment therefor.
Article 49
Conditions for Election Campaigning on TV and Radio
1. Registered candidates
shall be entitled to provision of free air time on the channels of state-run TV
and radio broadcasting organizations on equal terms and conditions (length of
air time, timing and other terms and conditions).
2. Free air time on the channels of state-run TV and radio broadcasting
organizations shall be made available on working days in the period indicated in
Clause 5
Article 48 of this Federal Law or, if the
number of registered candidates is less then ten, in the period which commences
20 days prior to voting day and ends one day prior to voting day.
3. In the event of the repeat voting free air time shall be provided on the
channels of state-run TV and radio broadcasting organizations to two registered
candidates for whom the repeat voting is conducted, in the period indicated in
Clause 6
Article 48 of this Federal Law.
4. Free air time shall be provided in the broadcast periods viewed or listened
to by the greatest number of persons.
5. The total amount of free air time to be made available for election
campaigning by each all-Russian state-run TV and radio broadcasting organization
shall be not less than one hour on working days in the period established in
Clauses 5 or 6
Article 48 of this Federal Law. The total
amount of free air time to be made available for election campaigning by each
regional state-run TV and radio broadcasting organization shall be not less than
30 minutes on working days in the same period and, if the total broadcasting
time of a TV and broadcasting organization is less than two hours a day, not
less than one-fourth of the total broadcasting time.
6. One half, or, in the period indicated in Clause 6 of
Article shall be used by a registered candidate
for his/her speeches, press conferences, interviews.
10. Lot-drawing to determine concrete dates and time for airing election
propaganda materials of registered candidates on the channels of all-Russian
state-run TV and radio broadcasting organizations shall be organized by the
Central Election Commission of the Russian Federation together with the
representatives of TV and radio broadcasting organizations. Lot-drawing to
determine concrete dates and time for airing election propaganda materials of
registered candidates on the channels of regional state-run TV and radio
broadcasting organizations shall be organized by the election commission of the
Subject of the Russian Federation together with the representatives of TV and
radio broadcasting organizations. The lot-drawing procedure may be witnessed by
persons listed in Clause 1
Article on working days in the period which
commences 30 days prior to voting day and ends one day prior to voting day, or,
in the event of the repeat voting, on working days in the period established by
Clause 6
Article. The lot-drawing procedure may be
witnessed by members of, respectively, the Central Election Commission of the
Russian Federation and the election commission of the Subject of the Russian
Federation as well as by the persons indicated in Clause 1
Article 21 of this Federal Law. Air time shall
be provided on the basis of a contract to be concluded after lot-drawing.
15. Municipal TV and radio broadcasting organizations which complied with the
provisions of Clause 4
Article. Air time shall be provided on the
basis of a contract to be concluded after lot-drawing.
16. If, after lot-drawing, a registered candidate refuses to use air time, the
candidate shall inform the appropriate TV and radio broadcasting organization to
this effect not later than two days before the airing time and the TV and radio
broadcasting organization may use the released air time at its discretion for
purposes other than election campaigning.
17. Non-state-run TV and radio broadcasting organizations which complied with
the provisions of Clause 4
Article 48 of this Federal Law shall provide
air time to registered candidates on the equal terms and conditions.
Non-state-run TV and radio broadcasting organizations which fail to meet this
requirement and the provisions of Clause 4
Article 48 of this Federal Law shall not be
allowed to provide air time to registered candidates for election campaigning
purposes.
18. Paid air time on the channels of TV and radio broadcasting organizations
shall be provided on the basis of a contract to be concluded between the TV and
radio broadcasting organizations and the registered candidate.
19. The contracts for the provision of paid air time shall indicate the
following: the type (form) of election campaigning; the airing date and time;
the length of air time to be provided; the rates and terms of payment; the form
and conditions of participation of a journalist (moderator) in the TV or radio
program. After the terms of the contract have been carried out a work
performance protocol shall be drawn up along with a certificate of the used air
time which shall confirm the performance of contractual obligations and indicate
the broadcasting channel, the name of the program and its airing time.
20. A payment order to a branch of the Savings Bank of the Russian Federation
instructing the bank to remit the full amount of the payment for the air time
shall be presented by a registered candidate not later than two days prior to
the day on which air time is to be provided or, in the event of the repeat
voting, before the provision of air time. If this requirement is not met,
provision of air time on the channels of TV and radio broadcasting organizations
shall not be allowed. The branch of the Savings Bank of the Russian Federation
shall remit the money not later than the next banking day upon receipt of the
payment order. The time for processing non-cash remittances shall not exceed two
banking days within a Subject of the Russian Federation or five banking days
within the Russian Federation.
21. Payment for air time shall be made only from the electoral fund of a
registered candidate.
22. If, while using paid air time, a registered candidate violated the terms and
conditions established by this Federal Law, the TV and radio broadcasting
organization may apply to a court for cancellation of the contract for the
provision of air time. If the contract is cancelled, the TV and radio
broadcasting organization shall not use the released air time for election
campaigning purposes.
23. Transmission of election propaganda materials of a registered candidate
shall not be interrupted, in particular, by commercials advertising goods and
services.
24. Transmission of election propaganda materials of registered candidates on
the channels of all-Russian state-run TV and radio broadcasting organizations
shall not be interrupted for transmission of other TV and radio programs, other
election propaganda materials.
25. In TV and radio news programs reports concerning election campaigning events
organized by candidates, registered candidates and their agents, electoral
associations, electoral blocs and initiative groups of voters shall be always
presented in the form of separate items, as a rule in the beginning of such
programs, and without any comments. Such news items shall not be paid for by
candidates, registered candidates and their agents, electoral associations,
electoral blocs, initiative groups of voters. They shall not give preference to
any candidate, registered candidate, particularly, as regards the time devoted
to highlighting their election campaigning activities.
26. TV and radio programs containing election propaganda, other election
propaganda materials distributed by TV and radio broadcasting organizations
shall be aired with simultaneous video and audio recording of the program. These
recordings shall be kept by the given TV and radio broadcasting organization for
12 months from the day on which the corresponding programs were aired. TV and
radio broadcasting organizations shall keep records concerning provision of free
and paid air time indicated in Clause 8
Article 48 of this Federal Law for five years
after voting day.
Article 50
Conditions for Election Campaigning Through Periodicals
1. Registered candidates
shall be entitled to provision of free space in all-Russian state-run
periodicals which come out at least once a week, the said printing space to be
provided to them on equal terms and conditions (size of the space to be
provided, place on the page, type, and other terms and conditions).
2. Editorial offices of all-Russian state-run periodicals shall provide free
space within the period indicated in Clause 5
Article 48 of this Federal Law.
3. In the event of the repeat voting editorial offices of all-Russian state-run
periodicals shall provide free space to two registered candidates for whom the
repeat voting is conducted in the period indicated in Clause 6
Article 48 of this Federal Law.
4. The total weekly minimum amount of free space which each editorial office of
an all-Russian state-run periodical is to provide to registered candidates shall
account for not less than 5 percent of the total weekly volume of the given
periodical in the period established by Clause 5 or 6
Article 48 of this Federal Law. The total
amount of space which such periodicals are to provide free of charge for
election campaigning purposes within the said period shall be declared by
editorial offices of the periodicals not later than 20 days after official
publication of the decision to call (hold) the election.
5. The total amount of free space declared by the editorial office of a
state-run periodical shall be distributed by lot in equal portions between
registered candidates who applied for participation in lot-drawing to be
arranged within a week after the end of registration of candidates.
6. Lot-drawing to determine the dates for free publication of election
propaganda materials of registered candidates shall be organized by the
editorial office of an all-Russian state-run periodical with the participation
of interested persons. The lot-drawing procedure may be witnessed by members of,
respectively, the Central Election Commission of the Russian Federation and the
election commission of the Subject of the Russian Federation as well as by the
persons listed in Clause 1
Article but shall not exceed this amount by
more than two times. The total weekly minimum space to be reserved by each
regional state-run periodical for provision to registered candidates shall
account for not less than 5 percent of the total weekly space of the given
periodical in the period established, respectively, by Clause 5 or Clause 6 of
Article shall be made available by the
editorial office of a state-run periodical coming out at least once a week
within the period indicated in Clause 5 or 6
Article. The lot-drawing procedure may be
witnessed by members of, respectively, the Central Election Commission of the
Russian Federation and the election commission of the Subject of the Russian
Federation as well as by persons listed in Clause 1
Article 21 of this Federal Law. The results of
lot-drawing shall be recorded in a protocol. Space shall be provided on the
basis of a contract concluded after lot-drawing.
11. Editorial offices of municipal periodicals as well as editorial offices of
state-run periodicals coming out less frequently than once a week, which
complied with the provisions of Clause 4
Article. Space shall be provided on the basis
of a contract to be concluded after lot-drawing.
12. If a registered candidate refuses to use space in a periodical after
lot-drawing, he/she shall inform the editorial office of the given periodical to
this effect not later than five days before the date of publication and the
editorial office may use the released space at its discretion for purposes other
than election campaigning.
13. Editorial offices of non-state-run periodicals which complied with the
provisions of Clause 4
Article 48 of this Federal Law shall provide
space to registered candidates on the equal payment terms and they may refuse to
provide space to registered candidates. Editorial offices of non-state-run
periodicals which failed to meet these requirements and to comply with the
provisions of Clause 4
Article, the publication shall indicate that
the materials are published free of charge and shall name the registered
candidate who has been given the possibility to publish these materials.
20. Editorial offices of periodicals shall keep records of the provision of free
and paid space as indicated in Clause 8
Article 48 of this Federal Law for five years
after voting day.
Article 51
Conditions for Election Campaigning by Means of Public Events
1. State bodies and bodies
of local self-government shall render assistance to registered candidates, their
agents in the organization and holding of election gatherings, meetings of
registered candidates and their agents with voters, public debates and
discussions, rallies, demonstrations and marches.
2. Applications for the provision of premises to hold meetings of registered
candidates, their agents with voters shall be considered by state bodies and
bodies of local self-government within three days from the day of the submission
thereof. Notifications of organizers of rallies, demonstrations and marches
shall be considered by bodies of local self-government in accordance with
Russian Federation laws.
3. On the basis of requests from election commissions, premises which may be
used for election-related public events and are state- or municipality-owned
shall be made available by their owners, possessors to registered candidates,
their agents, free of charge, for the time to be established by the election
commission, to hold meetings with voters. If such premises or premises owned by
an organization which has a state and/or municipal share in its charter
(authorized) capital exceeding 30 percent thereof as of the day of official
publication of the decision to call (hold) the election were made available for
election-related public events to one of registered candidates or his/her agent,
the owner, possessor of the premises shall not refuse to provide the premises to
another registered candidate or his/her agent on the same terms and conditions.
Election commissions shall ensure equal conditions for registered candidates
when election-related public events are to be organized.
4. Registered candidates shall be entitled to rent, on a contractual basis,
buildings and premises belonging to citizens and organizations, regardless of
the form of ownership of the said buildings and premises, to hold gatherings,
meetings with voters, rallies, public debates and other election-related public
events.
5. No election campaigning shall be allowed in the territory of military units,
in military organizations and institutions. Meetings of registered candidates,
their agents with voters - servicemen shall be organized outside the territory
of the military unit by the commanding officer of the military unit together
with the election commission of the Subject of the Russian Federation, with all
registered candidates or their agents to be notified of the time and place of
the meeting not later than three days prior to the meeting.
6. Security at election-related public events shall be ensured by the state
bodies in accordance with Russian Federation laws.
Article 52
Conditions for Production and Distribution of Printed, Audio-Visual and Other
Election Propaganda Materials
1. Registered candidates
shall be free to issue printed, audio-visual and other election propaganda
materials in a procedure established by Russian Federation laws.
2. All printed, audio-visual and other election propaganda materials, save the
materials distributed pursuant to
Article shall take appropriate measures to stop
these activities and may request appropriate law enforcement and other bodies to
put an end to unlawful election campaigning activities and seize unlawful
election propaganda materials.
Article 53
Inadmissibility of Misuse of the Right to Election Campaigning
1. Misuse of the freedom
of mass information in election campaigning shall not be allowed. Election
programs of registered candidates, election propaganda materials and speeches at
gatherings and rallies, articles in the mass media shall not contain calls for
the violent seizure of power, violent change of the constitutional system and
breaking of the integrity of the Russian Federation, warmongering propaganda.
Propaganda exciting social, racial, national, religious hatred or enmity, misuse
of the freedom of mass information in other forms banned by the laws of the
Russian Federation shall be prohibited. Propaganda in violation of Russian
Federation laws on intellectual property shall be prohibited.
2. Candidates, registered candidates and their authorized representatives for
financial matters and agents, electoral associations, electoral blocs,
initiative groups of voters, their authorized representatives and other persons
and organizations directly or indirectly involved in election campaigning shall
not bribe voters: they shall not give voters money, gifts and other things
otherwise than for the performance of organizational work (attendance at polling
stations, collection of voter signatures, propaganda activities), remunerate
voters who carried out the said organizational work depending on the results of
the voting or promise such remuneration; sell goods at reduced prices;
distribute free any goods other than printed materials (including illustrated
materials) and badges specially produced for the election campaign and paid for
from the electoral fund of a candidate, registered candidate; render services
free of charge or at reduced rates. In the course of election campaigning
registered candidates and their authorized representatives for financial matters
and agents, electoral associations, electoral blocs, initiative groups of voters
and their authorized representatives, other persons and organizations shall not
influence voters by promising them money, securities, other material benefits
(in particular, depending on the voting results) and by rendering services
otherwise than on the basis of decisions of bodies of state power and bodies of
local self-government taken in accordance with federal laws.
3. During the election campaign the business and other activities of candidates,
registered candidates and their authorized representatives for financial matters
and agents, electoral associations, electoral blocs and authorized
representatives of electoral associations, electoral blocs, initiative groups of
voters and the organizations whose founders, owners, possessors are and/or whose
governing or supervisory bodies include the said persons and organizations may
be advertised only in the period when election campaigning is allows and only
for the account of the appropriate electoral fund of the candidate, registered
candidate in compliance with the requirements established by Clause 17
Article 49, Clauses 13 and 19
Article 50 of this Federal Law. Such
advertising shall not be allowed on voting day and the day preceding voting day.
4. When highlighting the election campaign TV and radio programs on the channels
of TV and radio broadcasting organizations and editorial offices of periodicals
shall not make public (publish) information that may damage the honor, dignity
or business reputation of a registered candidate (registered candidates), if
these TV and radio programs and editorial offices of periodicals cannot, free of
charge, offer the registered candidate (registered candidates) a possibility to
make public (publish) a denial or some other explanation in defense of his/her
(their) honor, dignity or business reputation before the end of the election
campaigning period. In such cases, air time shall be provided at the same time
of the day and in the same program as for the said information and shall not be
less than the time taken by an announcer to read one page of a typewritten text.
When space is to be provided in a periodical, the denial or some other
explanation shall be printed in the same type and in the same place on the page.
It shall not be allowed to require that the denial or some other explanation
should occupy less than one page of a typewritten text. The failure to offer a
possibility for a registered candidate (registered candidates) to make public
(publish), before the end of the election campaigning period, a denial or other
explanations in defense of his/her (their) honor, dignity or business reputation
in TV and radio programs on the channels of TV and radio broadcasting
organizations and in periodicals which made public (published) the information
that may damage the honor, dignity or business reputation of a registered
candidate (registered candidates) may serve as a reason for bringing to
responsibility these TV and radio broadcasting organizations, editorial offices
of periodicals and their officials as provided by Russian Federation laws. The
rules laid down by this clause shall not apply to editorial offices of
periodicals indicated in Clause 18
Article, the Central Election Commission of the
Russian Federation shall, and other bodies, organizations and citizens specified
in Clause 1
Article 79 of this Federal Law may, apply to
the Supreme Court of the Russian Federation for withdrawal of the candidate's
registration. The Supreme Court of the Russian Federation shall consider this
application within three days or, three days prior to election day, immediately.
If a registered candidate violates other election campaigning rules laid down by
this Federal Law, the Central Election Commission of the Russian Federation
shall, by its decision, issue a warning to this registered candidate or shall
request appropriate law-enforcement and other bodies to put an end to the
unlawful propaganda activities and, in this case, the Central Election
Commission of the Russian Federation may also annul registration of the
candidate. This decision of the Central Election Commission of the Russian
Federation shall be passed on to the mass media.
6. If a TV and radio broadcasting organization, an editorial office of a
periodical violates the election campaigning rules laid down by this Federal
Law, the Central Election Commission of the Russian Federation or the election
commission of the Subject of the Russian Federation may apply to law enforcement
bodies, courts, executive bodies of state power which implement the state policy
in the field of mass media and request them to put an end to the unlawful
propaganda activities and bring the TV and radio broadcasting organization,
editorial office of a periodical, their officials to responsibility as provided
by Russian Federation laws.
7. Law enforcement and other bodies shall take measures to put an end to
unlawful propaganda activities, prevent production of and seize counterfeit and
unlawful printed, audio-visual and other propaganda materials, identify the
producers of such materials and the sources of payment therefor and promptly
inform, respectively, the Central Election Commission of the Russian Federation,
the election commission of the Subject of the Russian Federation about the facts
established and measures taken. Top
CHAPTER 8
Article 54
Funding of the Preparation and Conduct of the Election of the President of
the Russian Federation
1. Expenditures for the
preparation and conduct of the election of the President of the Russian
Federation and for funding the operation of election commissions during the term
of their powers shall be financed from the federal budget. These expenditures
shall be included in the federal budget in accordance with the budget
classification of the Russian Federation.
2. The funds allocated from the federal budget for the preparation and conduct
of the election of the President of the Russian Federation shall be placed at
the disposal of the Central Election Commission of the Russian Federation within
ten days of the date on which the decision to call (hold) the election was
officially published.
3. In the event of early or repeat elections of the President of the Russian
Federation the amount of funds allocated from the federal budget for the
preparation and conduct of the election shall not be less than the sum contained
in the report of the Central Election Commission of the Russian Federation on
the expenditure of funds for the preparation and conduct of the previous
election of the President of the Russian Federation (with due account for the
change in the minimum monthly wage established by the federal law as of the day
on which the decision to call (hold) the previous election of the President of
the Russian Federation was officially published).
4. If insufficient funds have been allocated from the federal budget to finance
the election of the President of the Russian Federation, including an early and
repeat election, and if the funds allocated from the federal budget have not
been transferred in due time or in full, the Central Election Commission of the
Russian Federation shall be entitled to obtain credits from banks on a
competitive basis. In this case, the total allowable amount of funds for the
preparation and conduct of the election shall not exceed the sum contained in
the report of the Central Election Commission on the expenditure of funds for
the preparation and conduct of the previous election of the President of the
Russian Federation (with due account for the change in the minimum monthly wage
established by the federal law as of the day on which the decision to call
(hold) the previous election of the President of the Russian Federation was
officially published). Within ten days upon receipt of an appropriate request
from the Central Election Commission of the Russian Federation the Government of
the Russian Federation shall issue a state guarantee to back the obligation to
repay the credits and pay interest thereon. The received credits and interest
thereon shall be repaid from the federal budget. Allocations for meeting this
debt obligation shall be approved as a special expenditure item by the federal
budget law for the coming fiscal year. The repeat voting in the election of the
President of the Russian Federation may be funded in a similar manner, if the
funds initially allocated for the election have been used up.
5. Not later than 90 days prior to voting day, the Central Election Commission
of the Russian Federation shall remit the funds for the conduct of the election
of the President of the Russian Federation to the election commissions of the
Subjects of the Russian Federation, which shall distribute the received funds
and remit them to territorial election commissions not later than 40 days prior
to voting day. In the event of early or repeat elections and if the election has
not been not funded in due time or in full, the election commissions shall
distribute and remit funds as they come in.
6. The funds allocated for the preparation and conduct of the election of the
President of the Russian Federation shall be managed by the chairmen of election
commissions who shall be responsible for the compliance of the financial
documents with the decisions taken by the election commissions on financial
matters and shall ensure that the financial reports regarding the expenditure of
the said funds are submitted as and when established by this Federal Law.
7. After the end of the election of the President of the Russian Federation the
federal budget funds which were not spent by election commissions shall remain
in the accounts of the election commissions acting on a permanent basis (save
permanent territorial election commissions) to be used for the purposes provided
by this Federal Law.
8. The unspent credits shall be returned by the Central Election Commission of
the Russian Federation to the bank from which they were obtained, not later than
three months from the day on which the general results of the election of the
President of the Russian Federation were officially published.
Article 55
Electoral Funds of Candidates, Registered Candidates
upon production by the
authorized representative for financial matters of a candidate, registered
candidate of a passport or an equivalent identity paper. The term of powers of
an authorized representative for financial matters of a candidate, registered
candidate shall commence from the day on which the authorized representative was
registered by the Central Election Commission of the Russian Federation and
expire 60 days after voting day or, if court proceedings which involve the given
candidate, registered candidate are being conducted, after a final decision was
handed down.
4. A candidate, registered candidate may, at any time, terminate the powers of
his/her representative for financial matters by serving a notice to this effect
on the representative and submitting a copy of the relevant decision to the
Central Election Commission of the Russian Federation and to the authorized
branch of the Savings Bank of the Russian Federation.
5. Electoral funds of candidates, registered candidates may be formed only by
the use of the following financial resources:
(a) a candidate's, registered candidate's own money in the amount that shall not
exceed the minimum monthly wage established by the federal law as of the date on
which the decision to call (hold) the election of the President of the Russian
Federation was officially published by more than two thousand times and for a
candidate, registered candidate for whom the repeat voting was declared by more
than three thousand times;
(b) amounts allocated to a candidate, registered candidate by the electoral
association which nominated him/her, electoral associations of the electoral
bloc which nominated him/her, the sum total of which shall not exceed by more
than 200 thousand times the minimum monthly wage established by the federal law
as of the date on which the decision to call (hold) the election of the
President of the Russian Federation was officially published;
(c) voluntary donations of individuals and legal entities in the amount that
shall not exceed by more than 400 times for each individual and 40 thousand
times for each legal entity the minimum monthly wage established by the federal
law as of the date on which the decision to call (hold) the election of the
President of the Russian Federation was officially published;
(d) money allocated to a registered candidate by the Central Election Commission
of the Russian Federation not later than 40 days before voting day, the amount
of the money being the same as that allocated to other registered candidates,
save as provided otherwise in this Federal Law.
6. The maximum total amount of expenditures of a candidate, registered candidate
from his/her electoral fund shall not exceed by more than 300 thousand times the
minimum monthly wage established by the federal law as of the date on which the
decision to call (hold) the election of the President of the Russian Federation
was officially published. The maximum total amount of expenditures of a
candidate, registered candidate for whom the repeat voting was declared shall
not exceed by more than 400 thousand times the minimum monthly wage established
by the federal law as of the date on which the decision to call (hold) the
election of the President of the Russian Federation was officially published.
7. No donations to electoral funds of candidates, registered candidates shall be
allowed from:
(a) foreign states and foreign legal entities;
(b) foreign nationals;
(c) stateless persons;
(d) citizens of the Russian Federation under 18 years of age;
(e) Russian legal entities with foreign participation if the share of foreign
capital exceeds 30 per cent of their charter (authorized) capital as of the date
on which the decision to call (hold) the election of the President of the
Russian Federation was officially published;
(f) international organizations and international public movements;
(g) bodies of state power and bodies of local self-government;
(h) state and municipal institutions and organizations;
(i) legal entities with a state or municipal share in their charter (authorized)
capital exceeding 30 per cent thereof as of the date on which the decision to
call (hold) the election of the President of the Russian Federation was
officially published;
(j) military units, military institutions and organizations and law enforcement
bodies;
(k) charity organizations and religious associations as well as organizations
established by them;
(l) anonymous donors (for an individual person - without indication of any of
the following data: the first, middle and last name; the place of residence and
date of birth; for a legal entity - without indication of any of the following
data: the tax payer's identification number; the name; the date of registration;
the bank account; the note indicating the absence of a state or municipal share
in the charter (authorized) capital or the presence of such a share and its
size; the note indicating the absence of foreign participation in the charter
(authorized) capital or the presence of such participation and its share);
(m) legal entities registered less than a year before voting day.
8. The electoral funds shall be managed by candidates, registered candidates who
have formed the fund. The resources of electoral funds shall be purpose-oriented
and may be used only for:
(a) funding of organizational and technical arrangements for the collection of
signatures in support of nomination of a candidate, including remuneration of
persons engaged for collection of voter signatures;
(b) election campaigning and payment for information and consulting services;
(c) payment for other services rendered by legal entities or citizens of the
Russian Federation and other expenses directly related to the conduct of the
election campaign.
9. When making payments for collection of voter signatures, election
campaigning, various election events a candidate, registered candidate shall not
use any sums of money other than those which have been contributed to his/her
electoral fund. In this case, a candidate, registered candidate may use only
those sums which were remitted by contributors to the special electoral account
of his/her electoral fund prior to voting day in a procedure established by this
Federal Law.
Article 56
Special Electoral Account
1. A candidate shall be
obliged to open a special electoral account of his/her electoral fund after the
Central Election Commission of the Russian Federation has registered the
authorized representatives of the electoral association, electoral bloc,
initiative voters' group which nominated the candidate but not later than five
days before documents are submitted to the Central Election Commission of the
Russian Federation for registration of the candidate.
2. A special electoral account for the formation of an electoral fund shall be
opened with a branch of the Savings Bank of the Russian Federation. A candidate
may open only one special electoral account. A branch of the Savings Bank of the
Russian Federation shall, without any delay, open a special electoral account
for a candidate upon presentation of documents required by and executed in
accordance with this Federal Law. The bank shall not charge any fee for opening
and servicing a special electoral account and shall not pay any interest on the
funds kept therein. All funds deposited in a special electoral account shall be
in the currency of the Russian Federation.
3. A candidate shall open a special electoral account for the formation of an
electoral fund on the basis of a document to be issued by the Central Election
Commission of the Russian Federation after it has registered the authorized
representatives of the electoral association, electoral bloc, initiative voters'
group which nominated the candidate, simultaneously with the registration of the
candidate's representative for financial matters.
4. After his/her registration a candidate shall continue to maintain a special
electoral account to finance his/her election campaign, including election
propaganda activities.
5. A candidate, registered candidate may, in an established procedure, allow
his/her authorized representative for financial matters to manage funds in the
special electoral account by giving notice to this effect to the Central
Election Commission of the Russian Federation. The responsibility for the
violation of the election campaign funding rules established by this Federal Law
for a candidate, registered candidate shall be borne personally by the
candidate, registered candidate.
6. All financial operations involving payment of expenses from special electoral
accounts of registered candidates shall be discontinued on voting day. Financial
operations for the payment of expenses from special electoral accounts of
electoral funds of candidates, registered candidates who have not submitted
registration documents to the Central Election Commission of the Russian
Federation in a procedure established by this Federal Law or who have been
denied registration or have withdrawn the statement expressing the consent to
run or have withdrawn their candidatures or have been recalled by an electoral
association, electoral bloc or whose registration has been annulled shall be
discontinued by branches of the Savings Bank of the Russian Federation on the
instruction of the Central Election Commission of the Russian Federation.
7. In the event of the repeat voting financial operations involving payment of
expenses from special electoral accounts of registered candidates on whom the
repeat voting is to be held shall be resumed after the Central Election
Commission of the Russian Federation appoints the day of the repeat voting, and
shall be discontinued on the day of the repeat voting.
8. Based on an application of a candidate, registered candidate the Central
Election Commission of the Russian Federation may extend the period for the
performance of the following financial operations:
(a) for a candidate - payment for work (services, goods) performed (rendered,
acquired) prior to the date on which the candidate's registration was denied,
the candidate was recalled by the electoral association, electoral bloc, the
candidate withdrew his/her statement expressing the consent to run before the
deadline established by this Federal Law for submission of signature sheets and
other registration documents;
(b) for a registered candidate who withdrew his/her candidature, who was
recalled by the electoral association, electoral bloc, whose registration was
annulled - payment for work (services, goods) performed (rendered, acquired)
before the date of the withdrawal of the candidature, recalling of the
registered candidate, the decision to annul registration;
(c) for other registered candidates - payment for work (services, goods)
performed (rendered, acquired) before voting day.
Article 57
Voluntary Donations to the Electoral Fund of a Candidate, Registered
Candidate
1. Voluntary donations to
the electoral fund of a candidate. registered candidate shall be made by
citizens of the Russian Federation from their own funds and shall be paid by
them personally to post offices or credit institutions upon production of a
passport or an equivalent identity paper, with the payment order showing the
donor's first, middle and last name, date of birth and full address of the place
of residence.
2. Voluntary donations of legal entities to the electoral fund of a candidate,
registered candidate shall be made by means of non-cash transfers to the
corresponding special electoral account, with the legal entity making a special
note to indicate the presence and size (in percent) or absence of a foreign,
state or municipal share in its charter (authorized) capital, its full name,
date of registration, tax payer's identification number, bank account.
3. Voluntary donations of individuals and legal entities shall be remitted
(credited) to the special electoral account of a candidate, registered candidate
by post offices and credit institutions not later than the next banking day
after receipt of the payment order. A non-cash payment shall be processed in not
more than two banking days within a Subject of the Russian Federation and five
days within the Russian Federation.
4. A candidate, registered candidate may return any donation, with the exception
of anonymous ones, to donors. If a voluntary donation was paid into the
electoral fund of a candidate, registered candidate by an individuals or a legal
entity that are not allowed to make such donations or in an amount exceeding
that established by Sub-clause "c" Clause 5
Article, if they were not informed in due time
of the inadmissibility of these donations.
5. Within ten days after anonymous donations were received to the special
electoral account a candidate, registered candidate shall remit these donations
to the federal budget.
6. Individuals and legal entities may financially support the activities
conducive to nomination and election of a candidate, registered candidate only
through the candidate's electoral fund. No paid work shall be performed, goods
sold, paid services rendered, if they are directly or indirectly related to the
election, without documents confirming the consent of a candidate, registered
candidate or persons authorized by him/her to the performance of the work, sale
of the goods, provision of the services and to the payment therefor from the
candidate's electoral fund. Legal entities, their branches, representative
offices and other divisions shall not perform any work, render any services
directly or indirectly related to the election free of charge or at unreasonably
low (high) rates. Material support may be rendered to the election-related
activity of a candidate, registered candidate only if it is paid for from the
electoral funds of the given candidate, registered candidate. During an election
campaign an individual may perform work for and render services to a candidate,
registered candidate voluntarily, personally and free of charge, without
involvement of third persons.
Article 58
Reporting Requirements to Electoral Funds
1. The procedure for
opening and maintaining special electoral accounts, keeping records and filing
reports as well as the forms of reports of candidates, registered candidates
concerning the sums contributed to and spent from their electoral funds shall be
determined by the Central Election Commission of the Russian Federation and
agreed with the Central Bank of the Russian Federation. Candidates, registered
candidates shall keep records of the sums contributed to and spent from their
electoral funds.
2. Candidates, registered candidates shall file financial reports with the
Central Election Commission of the Russian Federation within the following
periods:
(a) the first financial report - when the registration documents are submitted
to the Central Election Commission of the Russian Federation in a procedure
established by this Federal Law; the report shall be drawn up as of the date
five days before the date of the report;
(b) the second financial report - not earlier than 20 days and not later than 10
days prior to voting day; the report shall be drawn up as of the date seven days
before the date of the report;
(c) the final financial report - not later than 30 days after the official
publication of the general results of the election of the President of the
Russian Federation. The final financial report shall be submitted together with
the primary financial documents confirming the sums contributed to and spent
from the electoral fund as well as the materials indicated in Clause 3
Article 52 of this Federal Law.
3. If a candidate, registered candidate has lost his/her status, the obligation
to submit a financial report shall be imposed on a person who was a candidate,
registered candidate.
4. The Central Election Commission of the Russian Federation shall pass copies
of financial reports of registered candidates to the mass media within five days
upon their receipt.
5. At least once a week and, within a period of less than ten days prior to
voting day, at least once every three banking days, the branches of the Savings
Bank of the Russian Federation shall furnish to the Central Election Commission
of the Russian Federation the information concerning the sums credited to and
withdrawn from the special electoral accounts of candidates, registered
candidates according to a form established by the Central Election Commission of
the Russian Federation. In this case use may be made of the state automated
information system. Periodically, but at least once every two weeks up to voting
day, the Central Election Commission of the Russian Federation shall furnish the
information concerning sums contributed to and spent from the electoral funds to
the mass media for publication. The Central Election Commission of the Russian
Federation shall disclose the information about the sums contributed to and
spent from the electoral funds, which it received from the branches of the
Savings Bank of the Russian Federation, to registered candidates and to the mass
media on their official requests.
6. The editorial offices of state-run periodicals shall publish the information
about the sums contributed to and spent from the electoral funds, passed on to
them by the Central Election Commission of the Russian Federation. The
information concerning the following matters shall be subject to mandatory
publication:
(a) a financial operation which involves expenditure of money from the electoral
fund in an amount exceeding by more than 2 thousand times the minimum monthly
wage established by the federal law as of the date of official publication of
the decision to call (hold) the election of the President of the Russian
Federation;
(b) the legal entities which donated sums to the electoral fund in an amount
exceeding by more than one thousand times the minimum monthly wage established
by the federal law as of the date of official publication of the decision to
call (hold) the election of the President of the Russian Federation;
(c) the number of individuals who have made donations to the electoral fund,
which exceed by more than 100 times the minimum monthly wage established by the
federal law as of the date of official publication of the decision to call
(hold) the election of the President of the Russian Federation;
(d) the sums returned to donors and the reasons for the return;
(e) the total amount of money contributed to the electoral fund and the total
amount of money spent therefrom.
7. Within five days upon receipt from the Central Election Commission of the
Russian Federation, election commission of the Subject of the Russian Federation
of a list of legal entities which have made voluntary donations to the electoral
funds of candidates. registered candidates, the bodies of state power of the
Russian Federation, bodies of state power of the Subjects of the Russian
Federation, bodies and organizations authorized by them to carry out
registration of legal entities shall furnish to these commissions, free of
charge, the information indicating the founders of the legal entities; the
presence of a foreign, state or municipal share (in percent) or the absence of
such a share in the charter (authorized) capital of these legal entities; the
full name and date of registration of the legal entities. This information shall
be submitted according to forms established by the Central Election Commission
of the Russian Federation. In this case, use may be made of the state automated
information system. Upon the request of candidates, registered candidates, their
authorized representatives for financial matters the appropriate election
commission shall, without any delay, disclose to them the information which it
has at its disposal as of the date of the request. If an election commission has
received information about donations made in violation of Clause 7
Article 55 of this Federal Law, this
information shall be promptly made known by the election commission to the
candidates, registered candidates concerned or to their authorized
representatives for financial matters.
Article 59
Return of Money by Candidates, Registered Candidates
in respect of candidates,
registered candidates shall be assumed by the citizen who was a candidate,
registered candidate.
12. In the election of the President of the Russian Federation, a citizen of the
Russian Federation and having arrears on repayment of budget funds to the
Central Election Commission of the Russian Federation or the election commission
of the Subject of the Russian Federation as of the day of official publication
of the decision to call (hold) this election shall not be entitled to receive
any funds from the federal budget.
Article 60
Financial Support of Election Commissions
1. The funds allocated for
the preparation and conduct of the election of the President of the Russian
Federation and for funding the operation of election commissions shall be used
by election commissions at their discretion for the purposes established by this
Federal Law.
2. The allocations from the federal budget including the funds remaining from
the previous periods shall be used to finance the following expenditures of
election commissions:
(a) on the participation in the formation of electoral funds of registered
candidates, in a procedure and amount established by this Federal Law;
(b) on the payment of compensations and transport expenses, with the exception
of taxi and chartered transport, to registered candidates, in a procedure and
amount established by
Article 41 of this Federal Law;
(c) on the additional remuneration of voting members of election commissions,
staff members of commissions and people who work in commissions under civil-law
contracts;
(d) on the production of printed materials and publishing; on the acquisition
and installation of technological equipment;
(e) on the payment of transport expenses, including expenses on the organization
of voting in remote and hard-to-reach areas;
(f) on the delivery and safekeeping of electoral documentation;
(g) on the development of the electoral system, including introduction of new
election technologies, means of automation, legal education of voters and
election organizers, implementation of purpose-oriented programs;
(h) on the payment of travel and other expenses incidental to the conduct of the
election of the President of the Russian Federation; on the support of the
powers and operation of election commissions.
3. Russian Federation citizens who, on the request of an election commission,
have been released from the main job for the period of the preparation and
conduct of the election of the President of the Russian Federation to discharge
a state duty of a voting member of an election commission shall receive the
average salary at the main job to be paid by the organization regardless of its
form of ownership. Additional remuneration may be paid to voting members of an
election commission from the funds allocated for the conduct of the election, in
a procedure and amount to be established by the Central Election Commission of
the Russian Federation.
4. Labor remuneration of voting members of an election commission who are on the
permanent staff thereof shall be paid within the limits of federal budget funds
allocated to the election commission, in a procedure and amount established by
the Central Election Commission of the Russian Federation.
5. The procedure for opening and maintaining bank accounts, accounting,
reporting, remitting funds allocated by the Central Election Commission of the
Russian Federation to other election commissions shall be established by the
Central Election Commission of the Russian Federation and agreed with the
Central Bank of the Russian Federation. The banks shall not charge any fee for
opening and servicing accounts of election commissions and shall not pay any
interest on the funds kept therein. Election commissions shall keep accounting
records to record the expenditure of funds allocated to them from the federal
budget.
6. The forms of financial reports of election commissions on the receipt and
expenditure of funds allocated for the preparation and conduct of the election
of the President of the Russian Federation and the forms to be used for
presentation of the information concerning the sums contributed to and spent
from electoral funds of candidates, registered candidates shall be established
by the Central Election Commission of the Russian Federation and agreed with the
Central Bank of the Russian Federation.
7. A precinct election commission shall submit a financial report to the
territorial election commission on the receipt and expenditure of federal budget
funds allocated to the given precinct election commission for the preparation
and conduct of the election of the President of the Russian Federation not later
than ten days after voting day (day of the repeat voting, if it was held). A
territorial election commission shall submit a report on the receipt and
expenditure of federal budget funds allocated to the given territorial election
commission for the preparation and conduct of the election of the President of
the Russian Federation to the election commission of the Subject of the Russian
Federation not later than 25 days after voting day (day of the repeat voting, if
it was held).
8. The election commission of the Subject of the Russian Federation shall submit
to the Central Election Commission of the Russian Federation a financial report
on the receipt and expenditure of federal budget funds allocated to the given
election commission of the Subject of the Russian Federation for the preparation
and conduct of the election of the President of the Russian Federation not later
than 60 days after the day of official publication of the general election
results.
9. The Central Election Commission of the Russian Federation shall submit a
financial report on the expenditure of federal budget funds and the information
concerning the sums contributed to and spent from electoral funds of candidates,
registered candidates to the chambers of the Federal Assembly of the Russian
Federation and shall pass them on to the mass media not later than three months
after the day of official publication of the general results of the election of
the President of the Russian Federation. The said financial report and
information shall be published by the Central Election Commission of the Russian
Federation in its official bulletin not later than one month after their
submission to the chambers of the Federal Assembly of the Russian Federation.
Article 61
Review and Auditing Service of Election Commissions
1. The review and auditing
service of the Central Election Commission of the Russian Federation and review
and auditing services of the Subjects of the Russian Federation shall be
organized to exercise control over correct utilization of funds allocated to
election commissions and monitor the sources, correct recording and use of the
resources of electoral funds.
2. The review and auditing service shall include the head and the deputy head
(deputy heads) of the service; members of the appropriate election commission
appointed to the review and auditing service; specialists of the review and
auditing service from the staff of state (law-enforcement, fiscal and other)
bodies, organizations and institutions, including the Central Bank of the
Russian Federation and the Savings Bank of the Russian Federation. On the
request of the appropriate election commission these bodies shall, not later
than a month after the day of official publication of the decision to call
(hold) the election of the President of the Russian Federation, assign
specialists to the Central Election Commission of the Russian Federation for a
period of not less than six months and to the election commissions of the
Subjects of the Russian Federation for a period of not less than four months.
3. Specialists of the review and auditing service shall be released from their
main job to perform their duties and shall receive their salary and other
payments at the main place of employment.
4. The statute of the review and auditing service shall be approved by the
appropriate election commission. The organizational, legal and logistical
support for the review and auditing service of election commissions shall be
provided by the appropriate election commissions.
5. The review and auditing service shall be entitled to monitor transfers to
electoral funds of candidates, registered candidates, review recording and
utilization of these transfers and check for correct utilization of the funds
allocated to lower-level election commissions, using, if necessary the state
automated information system. For the accomplishment of these purposes the
review and auditing service acting on the requests of an election commission
shall:
(a) verify financial reports of candidates, registered candidates, lower-level
election commissions;
(b) request information concerning all matters within its scope of competence
and receive this information from candidates, registered candidates, election
commissions;
(c) apply to federal bodies of executive power, other bodies of state power,
organizations of all forms of ownership and to individuals on all matters within
the scope of its competence, request the necessary information and documents
relating to the funding of the election of the President of the Russian
Federation. Information and documents requested by a review and auditing service
shall be provided within ten days and, five days to one day prior to voting day
and on voting day, immediately;
(d) draw up documents recording financial irregularities in the funding of the
election of the President of the Russian Federation;
(e) request the appropriate election commissions to call to account candidates,
registered candidates as well as individuals and legal entities for the
violations committed by them in the funding of the election campaign;
(f) engage experts for the performance of audits and preparation of reports and
expert assessments. Top
CHAPTER 9
Article 62
Voting Premises
1. The voting premises
shall be placed at the disposal of the precinct election commission free of
charge by the head of the municipal unit, or, if the charter of the municipal
unit does not provide for an office of head of the municipal unit, by a person
authorized to do so by the representative body of local self-government.
2. The voting premises shall have a hall where ballot boxes, booths or other
specially equipped places for secret voting shall be located or rooms suitable
for secret voting provided with a lighting system, tables, writing utensils
(with the exception of pencils).
3. Inside or directly in front of the voting premises a precinct election
commission shall set up a bulletin board displaying a sample of a marked ballot
and information materials about all registered candidates.
Information materials about each registered candidate shall indicate the first,
middle and last name of each registered candidate his/her pseudonym (if it was
registered in accordance with Clause 2
Article 39 of this Federal Law), year of birth,
education, main place of work or service and official position (occupation, if
there is no main place of work or service), address of the place of residence,
membership of the registered candidate in a public association and his/her
status therein (if such information was presented to the Central Election
Commission of the Russian Federation in accordance with Clause 7
Article 33 or Clause 11
Article 34 of this Federal Law), name of the
elective office in a body of state power or body of local self-government held
by the registered candidate and elected directly by Russian Federation citizens
(if any), information as to who nominated the given candidate.
These information materials shall also include other biographical data to be
submitted by registered candidates, the maximum scope of which shall be
established by the decisions of the Central Election Commission of the Russian
Federation.
If a registered candidate has a conviction that has not expired or has not been
cancelled, the information materials shall indicate the number (numbers) and the
name (names) of the article (articles) of the Criminal Code of the Russian
Federation on the basis of which the registered candidate was convicted and the
article (articles) of the criminal code adopted in accordance with the
Fundamental Criminal Legislation of the USSR and the Union republics, the
article (articles) of the law of a foreign state and the name of the law, if the
registered candidate was convicted under these legislative acts for actions
qualified as crimes by the current Criminal Code of the Russian Federation. If a
registered candidate has Russian Federation citizenship and foreign citizenship,
the information materials shall indicate this fact and the name of the
corresponding foreign state. The sample of a marked ballot displayed on the
bulletin board shall not contain the names of registered candidates and the
names of electoral associations, electoral blocs which nominated registered
candidates Information about registered candidates shall be arranged in the
information materials in the order which was determined when the form and the
text of a ballot were approved. The bulletin board shall also display excerpts
from the criminal and administrative laws of the Russian Federation establishing
responsibility for violation of electoral rights of Russian Federation citizens.
The precinct election commission shall arrange these materials so that voters
could easily read them.
4. Upon commencement of voting, an oversize protocol of voting returns shall be
displayed inside the voting premises to record voting returns as they are
tabulated.
5. The voting premises shall be fitted out so that the places where ballots are
given out, the voting booths, other places for secret voting and the ballot
boxes are all located in the field of vision of members of the precinct election
commission, observers.
Article 63
Ballot
1. Ballots shall be
printed for voting in the election of the President of the Russian Federation.
Ballots shall be documents of strict accountability, with their degree of
protection to be determined by the Central Election Commission of the Russian
Federation. Numbering of ballots shall not be allowed. The procedure for the
printing of ballots, their quantity and the requirements to their printing shall
be approved by the Central Election Commission of the Russian Federation not
later than 35 days prior to voting day.
2. The form and the Russian text of the ballot shall be approved by the Central
Election Commission of the Russian Federation not later than 32 days prior to
voting day. The text shall be printed only on one side of the ballot.
3. The ballot shall indicate the first, middle and last name and a pseudonym (if
was registered in accordance with Clause 2
Article 39 of this Federal Law) of each
registered candidate arranged in the alphabetical order; his/her year of birth;
place of residence; main place of work or service; official position
(occupation, if there is no main place of work or service); name of the elective
office in the body of state power or body of local self-government held by each
registered candidate and elected directly by Russian Federation citizens (if
any); information as to who nominated the given registered candidate. The ballot
shall also indicate an abbreviated name of the public association the membership
in which was indicated by the registered candidate in accordance with Clause 7
Article 33 or Clause 11
Article 34 of this Federal Law, and the status
of the given registered candidate therein. A blank box shall be placed to the
right of the data of each registered candidate. A line reading "Against all
candidates" with a blank box to the right thereof shall be placed at the end of
the list of registered candidates.
4. If a registered candidate has a conviction that has not expired or has not
been cancelled, the ballot shall indicate the number (numbers) and the name
(names) of the article (articles) of the Criminal Code of the Russian Federation
on the basis of which the candidate was convicted and the article (articles) of
the criminal code adopted in accordance with the Fundamental Criminal
Legislation of the USSR and the Union republics, the article (articles) of the
law of a foreign state and the name of the law, if the candidate was convicted
under these legislative acts for actions qualified as crimes by the current
Criminal Code of the Russian Federation. If a registered candidate has Russian
Federation citizenship and foreign citizenship, the ballot shall indicate this
fact and the name of the corresponding foreign state. The data concerning
convictions and foreign citizenship shall be indicated in the ballot on the
basis of the documents which were submitted to the election commission before
approval of the text of the ballot.
5. Each ballot shall contain marking instructions.
6. Ballots shall be printed in the Russian language. Subject to a decision of
the election commission of a Subject of the Russian Federation, ballots may be
printed in the Russian language and in the official language of the given
Subject of 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 text in the Russian language shall be printed on each ballot. The
text of such a ballot in the official language of the Subject of the Russian
Federation and in the languages of peoples of the Russian Federation shall be
approved by the election commission of the Subject of the Russian Federation not
later than 27 days prior to voting day.
7. Ballots shall be printed only by a decision of the Central Election
Commission of the Russian Federation under the supervision of its
representatives by printing organizations adequately equipped for printing
electoral documents, not later than 22 days prior to voting day. The number of
ballots printed for the election of the President of the Russian Federation
shall not exceed by more than 3 percent the number of registered voters.
8. The printing organization shall reject defective ballots and shall hand over
the ballots to the duly authorized members of the election commission which
placed an order for their printing, on the basis of a transfer record indicating
the date and time when it was drawn up and the number of ballots being handed
over. Immediately after the ballots have been handed over in the quantity
corresponding to the order the employees of the printing organization shall
destroy the rejected and surplus ballots and shall draw up a certificate to this
effect to be signed by all persons present thereat. These actions may be
observed by other members of the election commission, registered candidates,
their agents, it they wish to do so. The election commission shall notify all
members of the commission, registered candidates, and their agents about the
time when and the place where the ballots are to be handed over and the printing
organization shall make it possible for these persons to be present thereat.
9. After receiving ballots from the printing organization the election
commission of a which placed an order for the printing of the ballots shall, not
later than 20 days prior to voting day, transfer the ballots to territorial
election commissions on the basis of a transfer record indicating the time when
the record was drawn up and the quantity of transferred ballots. The number of
ballots to be transferred to each territorial election commission shall be
determined by a decision of the election commission of a Subject of the Russian
Federation but this number shall not exceed by more than 2.5 percent the number
of voters registered in the corresponding territory. The ballots remaining after
transfer of ballots to territorial election commissions shall be kept by the
election commission of the Subject of the Russian Federation. Proceeding in the
same manner a territorial election commission shall transfer ballots to precinct
election commissions not later than four days prior to voting day. For each
electoral precinct the number of ballots to be transferred to the precinct
election commission shall not be less than 90 percent of the number of voters
included in the voters lists of the given electoral precinct as of the day of
the transfer of ballots and shall not exceed this number by more than 0.5
percent. Precinct election commissions formed outside the territory of the
Russian Federation may receive ballots directly from the election commission
which placed an order for the printing of ballots, in a procedure established by
the Central Election Commission of the Russian Federation. On the face at the
upper right of the ballot there will be signatures of two voting members of a
precinct election commission certified by the election commission's seal. The
transfer of ballots from a higher-level to a lower-level election commission may
be observed by members of these and higher-level election commissions,
registered candidates, their agents. The election commission shall notify its
members about the time and place when and where ballots are to be transferred.
10. The responsibility for the transfer of ballots and ballot security shall be
borne by chairmen of election commissions which transfer, receive and keep
ballots.
11. If some registered candidates withdraw from the election or registration of
some candidates is annulled after the ballots have been printed, territorial
election commissions and precinct election commissions shall, on the instruction
of the Central Election Commission of the Russian Federation, strike out the
data of these registered candidates on ballots. If the data of a registered
candidate indicated in printed ballots has to be changed and supplemented,
members of a territorial election commission, precinct election commission may,
subject to a decision of the Central Election Commission of the Russian
Federation, make these changes and additions in the ballots by hand or with the
use of a stamp.
12. In exceptional cases, in electoral precincts formed in remote and
hard-to-reach regions, on ships which are at sea on voting day, at polar
stations, in electoral precincts established outside the territory of the
Russian Federation electoral documentation, including ballots, may be printed by
the precinct election commission itself, if the necessary technical facilities
are available. A decision to print the electoral documentation indicating the
necessary number of ballots shall be taken by this precinct election commission
with the concurrence of the territorial election commission or the Central
Election Commission of the Russian Federation.
13. On voting day, after the voting time ends, unused ballots remaining in the
election commission of a Subject of the Russian Federation, a territorial
election commission shall be cancelled and a certificate evidencing this fact
shall be drawn up. Cancellation of ballots may be watched by the persons
indicated in Clause 5
Article may be reduced by a decision of the
Central Election Commission of the Russian Federation, but by not more than
three times.
Article 64
Absentee Certificate
1. An absentee certificate
for voting in the election of the President of the Russian Federation shall be a
document of strict accountability, whose degree of protection shall be
determined by the Central Election Commission of the Russian Federation. The
absentee certificate shall have a detachable coupon. The form of an absentee
certificate, the procedure for their printing, their quantity, the form of a
journal to record issuance of absentee certificates and the requirements to the
printing of absentee certificates shall be approved by the Central Election
Commission of the Russian Federation not later than 60 days prior to voting day.
Absentee certificates shall be transferred from a higher-level election
commission to a lower-level election commission in the same manner as ballots.
The responsibility for the transfer and security of absentee certificates shall
be borne by chairmen of election commissions which transfer, receive and keep
absentee certificates.
2. A voter unable to come to the voting premises of the electoral precinct where
he/she is included in the voters list shall be entitled to obtain an absentee
certificate (in the event of the repeat voting - an absentee certificate without
a detachable coupon) from a territorial election commission (45 - 25 days prior
to voting day), a precinct election commission (24 days - 1 day prior to voting
day and in the period from the day on which the Central Election Commission of
the Russian Federation declares the repeat voting to the day preceding the day
of the repeat voting) and take part in the voting in the electoral precinct
where this voter will be staying on voting day.
3. On the basis of a written application of a voter indicating the reasons why
the voter needs an absentee certificate the election commission shall issue an
absentee certificate either to the voter personally or to his/her representative
provided with a notarized power of attorney. The power of attorney may also be
certified by the administration of a hospital where the voter is undergoing
medical treatment, by the administration of an institution where suspects or
defendants are confined.
4. A territorial election commission shall issue an absentee certificate to a
voter or his/her representative on the basis of the voter data supplied to the
commission by the head of a municipal unit (if the charter of the municipal unit
does not provide for the office of head of the municipal unit, by a person
authorized to do so by the representative body of local self-government) in
accordance with the "Regulation on the State Registry of Voters, Referendum
Participants." A territorial election commission shall keep a journal of issued
absentee certificates indicating the first, middle and last name of the voter,
his/her year of birth (for voters 18 years old - also the day and month of
birth), address of the place of residence. Twenty five days prior to voting day,
a territorial election commission shall, together with the first copies of
voters lists, furnish to precinct election commissions certified excerpts from
the journal of issued absentee certificates indicating the data of voters
registered in the territory of these electoral precincts, who have received
absentee certificates. Based on these excerpts a precinct election commission
shall make corresponding notes in the voters lists.
5. A voter or his/her representative shall sign for the receipt of an absentee
certificate in the journal of issued absentee certificates (in a territorial
election commission) or in the voters list (in a precinct election commission),
indicating the series and number of his/her passport or equivalent identity
paper. This voter shall be excluded from the voters list of the electoral
precinct in the given election of the President of the Russian Federation and
shall not be reckoned in the counting of the number of registered voters when
the precinct election commission draws up its protocol.
6. An absentee certificate shall be valid if it has been stamped twice with the
seal of a territorial or a precinct election commission and bears two signatures
of the member of the territorial or precinct election commission who issued the
absentee certificate, with the detachable coupon bearing one of the signatures
and one of the seals. In the event of the repeat voting an absentee certificate
shall be valid if it bears the seal of a territorial or precinct election
commission and the signature of the member of a territorial or precinct election
commission who issued the absentee certificate.
7. Upon presentation of an absentee certificate, a voter shall be put on the
voters list in any other electoral precinct. If voting is conducted in the
general election of the President of the Russian Federation, the detachable
coupon shall be torn away from the absentee certificate presented by a voter. In
the event of the repeat voting the absentee certificate shall be withdrawn. When
receiving a ballot on the basis of an absentee certificate a voter shall
indicate the address of his/her place of residence in the voters list.
8. In the event of the repeat voting unused detachable coupons of absentee
certificates which were issued to voters in the period from the day on which the
repeat voting was declared by the Central Election Commission of the Russian
Federation to the day preceding the day of the repeat voting shall be cancelled.
On the day of the repeat voting, before voting time begins, unused absentee
certificates shall be cancelled. A territorial or precinct election commission
shall draw up a protocol to certify cancellation of unused detachable coupons
and absentee certificates. If the President of the Russian Federation was
elected as a result of the general elections or the general elections were
declared to have not taken place or to be null and void, unused absentee
certificates shall be cancelled by an election commission on the third day after
official publication of the results of the general elections.
Article 65
Voting
1. Voting shall be
conducted on a calendar non-working day from 8.00 to 20.00 local time.
2. Precinct election commissions shall inform voters about the time and place of
voting not later than 20 days prior to voting day through the mass media or by
other means or, in the event of early voting in accordance with
Article if all the voters on the voters list
have voted.
4. At 8.00 on voting day, the chairman of a precinct election commission shall
declare the voting premises open and shall show empty stationary and mobile
ballot boxes to the members of the precinct election commission, voters and
persons indicated in Clause 5
Article 21 of this Federal Law. After this, the
ballot boxes shall be sealed with the seal of the precinct election commission
(a seal shall be affixed). The chairman of a precinct election commission shall
also show to the said persons sealed mobile ballot boxes containing ballots
marked in accordance with Clauses 2 - 9
Article. Before issuing a ballot to a voter the
member of a precinct election commission shall make sure that an absentee
certificate has not been issued to the given voter, the voter has not voted
early, no application from the voter for voting outside the voting premises is
recorded in the journal indicated in Clause 2
Article 67 of this Federal Law and no voting
members of the precinct election commission have been sent to the voter to
conduct voting outside the voting premises. Upon presentation of an absentee
certificate, a voter shall be additionally included in the voters list, the
detachable coupon of the absentee certificate and, in the event of the repeat
voting, the absentee certificate shall be taken away from the voter and
cancelled.
7. When receiving a ballot, a voter shall write the series and number of his/her
passport or equivalent identity paper and put his/her signature in the voters
list. With the consent or at the request of the voter the series and number of
his/her passport or equivalent identify paper may be written in the voters list
by any voting member of a precinct election commission. The voter shall check
the correctness of the entry and shall sign for the receipt of a ballot.
8. If a voter is unable to sign for the receipt of a ballot by himself/herself,
he/she may ask other persons to help him/her, if these persons are not members
of the election commission, registered candidates, authorized representatives
and agents of registered candidates, authorized representatives of an electoral
association, electoral bloc, initiative voters' group which nominated a
registered candidate, observers, foreign (international) observers. The person
who helped the voter shall put his/her signature in the column "Voter's
Signature for Receipt of Ballot" in the voters list indicating his/her first,
middle and last name, the series and number of the passport or an equivalent
identity paper.
9. Each voter shall vote in person. Voting for other voters shall not be
allowed. Ballots shall be marked in a specially equipped booth or in another
specially equipped place or room for secret voting, where the presence of any
other persons shall not be allowed.
10. A voter who is unable to mark the ballot by himself/herself may be assisted
by another voter who is not a member of the election commission, a registered
candidate, an authorized representative for financial matters or an agent of a
registered candidate, an authorized representative of an electoral association,
electoral bloc, initiative voters' group which nominated a registered candidate,
observer, foreign (international) observer. In this case, the voter shall orally
inform the election commission of his/her intention to ask for assistance in
marking the ballot. The first, middle and last name, series and number of the
passport or an equivalent identity paper of the person assisting the voter shall
be marked in the appropriate column (columns) of the voters list.
11. On the ballot the voter shall put any mark inside the blank box to the right
of the name of the registered candidate for which he/she votes or inside the box
placed to the right of the words "Against all candidates."
12. If a voter thinks that he/she has made a mistake when marking a ballot,
he/she may ask the election commission member who issued him/her a ballot to
give him/her a new ballot in place of the spoilt one. The election commission
member shall issue a new ballot to the voter, make a note to this effect in the
voters list against the name of this voter and sign the note. The spoilt ballot
shall be immediately canceled and an act shall be drawn up to this effect.
13. Voters shall drop marked ballots into a sealed stationary ballot box.
14. The chairman of a precinct election commission shall maintain order in the
voting premises. Instructions of the chairman of the precinct election
commission issued within the scope of his/her competence shall be mandatory for
all those present inside the voting premises. In case the chairman of a precinct
election commission is absent, his/her functions shall be performed by the
deputy chairman of the precinct election commission, and, in the absence of the
deputy chairman, by the secretary of the precinct election commission or some
other voting member of the given election commission authorized thereby.
15. Persons indicated in Clause 5
Article 21 of this Federal Law may be present
in the voting premises during the voting, when votes are counted and when a
precinct election commission draws up a protocol of voting returns. Based on
their credentials a precinct election commission shall make up a list of persons
who observed the progress of voting and the counting of votes.
16. Any member of a precinct election commission shall be immediately barred
from participation in the commission's work and an observer and other persons
shall be expelled from the voting premises if they try to obstruct the work of
the election commission or the exercise by a Russian Federation citizen of
his/her electoral rights or attempt to violate the secrecy of voting. The
appropriate decision shall be taken by a precinct election commission or a
higher-level election commission. In this case, the commission shall be entitled
to request the appropriate authorities to bring to responsibility the barred
member of the precinct election commission or expelled observers and other
persons, subject to federal laws.
17. Registered candidates, their authorized representatives for financial
matters and agents, electoral associations, electoral blocs which nominated
registered candidates and the organizations whose founders, owners, possessors
are and/or whose governing or supervisory bodies include the said persons and
organizations as well as other natural persons and legal entities acting on the
request or on the instructions of the said persons and organizations shall not
take any steps to arrange for transportation of voters to voting premises.
Article 66
Early Voting
1. Election commissions of
the Subjects of the Russian Federation may allow all voters in one of or several
electoral precincts on ships at sea on voting day, at polar stations, in other
remote and hard-to-reach areas to vote early but not earlier than 15 days prior
to voting day. In this case, early voting shall be conducted in accordance with
the rules established by
Article use shall be made of mobile ballot
boxes the number of which shall be determined by the election commission of the
Subject of the Russian Federation. Before early voting starts, empty mobile
ballot boxes shall be produced for examination to the majority of the members of
a precinct election commission and to the persons indicated in Clause 5
Article 21 of this Federal Law present on the
commission's premises, and a protocol shall be drawn up to record this fact.
After that, empty mobile ballot boxes shall be sealed (seals shall be affixed).
4. Two voting members of a precinct election commission shall put their
signatures at the upper right on the face of each ballot issued to a voter who
votes early and their signatures shall be certified with the seal of the
precinct election commission.
5. Early voting outside the voting premises shall be conducted by not less than
two voting members of a precinct election commission. They shall be provided
with a mobile ballot box sealed by the precinct election commission, the
required number of ballots of a standard format, an excerpt from the voters list
containing data of the voters whom they are going to visit to conduct early
voting or the voters list as well as the necessary writing utensils (excepting
pencils) to mark ballots.
6. A voter who votes early shall sign for the receipt of a ballot issued to
him/her in the excerpt from the voters list or in the voters list. Election
commission members who conduct early voting shall make a note in the said
excerpt or in the voters list to indicate that the voter voted early and shall
mark the date and time of voting. If a voter put his/her signature in the
excerpt from the voters list, these notes as well as the series and number of
the passport or an equivalent identity paper of the voter shall be entered in
the voters list after early voting ends. The said excerpt from the voters list
shall be kept together with the voters list.
7. A voter shall mark the ballot and drop it into the mobile ballot box as
provided by
Article 65 of this Federal Law.
8. A protocol shall be drawn up to record the fact of early voting, indicating
the day and time of voting, the number of voters who received ballots for early
voting, the names of the members of the election commission and other persons
present at the voting. This protocol shall be kept together with the mobile
ballot box.
9. After the end of early voting the slots for ballots in mobile ballot boxes
shall be sealed by the chairman of a precinct election commission, and the
secretary of a precinct election commission shall make arrangements for the
safekeeping of the mobile ballot boxes. The mobile ballot boxes shall not be
opened till commencement of vote counting at a precinct voting premises. The
mobile ballot boxes with the ballots of voters who voted early shall not be used
for voting on voting day.
10. Early voting may be observed by the persons indicated in Clause 5
Article 21 of this Federal Law. When early
voting is to be conducted with the use of mobile ballot boxes, a precinct
election commission shall make arrangements to ensure that at least two persons
- non-voting members of the election commission, observers appointed by
different registered candidates are offered the same possibilities as the voting
members of a precinct election commission to go to the place where early voting
is to be conducted.
11. Early voting may be conducted only at the time appointed by the decision of
a precinct election commission. This time shall be made known to voters and
persons indicated in Clause 5
Article 21 of this Federal Law through the mass
media and/or by other means.
12. When conducting early voting an election commission shall ensure the secrecy
of voting, prevent any possibility of the expression of the voters' will being
distorted, make arrangements for the safekeeping of ballots and ensure that the
votes of voters are reckoned in the determination of the voting returns.
Article 67
Voting Outside the Voting Premises On Voting Day
1. A precinct election
commission shall make arrangements to enable voters to vote if they are entitled
to be or are included in the voters list of the given electoral precinct but are
unable to come on their own to the voting premises for valid reasons (poor
health, physical disability, etc.). A precinct election commission may determine
that the reason is untenable and refuse to conduct voting outside the voting
premises.
2. Save as provided otherwise by
Article containing the data required by Clause
9
Article 25 of this Federal Law about the voters
on whose request voting outside the voting premises is to be conducted (an
appropriate note shall be made in the journal when this extract is made); the
written applications for voting outside the voting premises; the necessary
writing utensils (excepting pencils) for the voter to mark the ballots.
8. Voting outside the voting premises shall be carried out in accordance with
the provisions of
Article shall result in the invalidation of the
ballots contained in the corresponding mobile ballot box.
Article 68
Protocol of Voting Returns of a Precinct Election Commission
1. A precinct election
commission shall draw up a protocol of voting returns.
2. As a rule, a precinct election commission shall draw up a protocol of voting
returns shall on one sheet. If the protocol has been drawn up on more sheets
than one, each sheet shall be numbered, signed by all present voting members of
a precinct election commission and certified with the commission's seal. The
protocol of a precinct election commission shall contain the following:
(a) No. of the copy;
(b) name of the election, date of voting;
(c) the word "Protocol";
(d) the name of the election commission and the number of the electoral
precinct;
(e) the lines of the protocol:
line 1: number of voters included in the voters list as of the end of voting;
line 2: number of ballots received by the precinct election commission;
line 3: number of ballots issued to voters who voted early;
line 4: number of canceled ballots;
line 5: number of ballots issued to voters at the voting premises on voting day;
line 6: number of ballots issued to voters who voted outside the voting
premises;
line 7: number of ballots in the mobile ballot boxes;
line 8: number of ballots in the stationary ballot boxes;
line 9: number of valid ballots;
line 10: total number of invalidated ballots;
line 11: number of ballots invalidated on the basis of Clause 14
Article 69 of this Federal Law (if the number
of ballots found in a mobile ballot box exceeds the number of voters'
applications marked to certify receipt of ballots or the number of notes in the
voters list indicating that the voters voted early);
line 12: number of invalid ballots where none of the boxes are marked;
line 13: number of absentee certificates received by the precinct election
commission;
line 14: number of absentee certificates issued to voters by the precinct
election commission in the premises of the electoral precinct before voting day;
line 15: number of voters who voted in the electoral precinct on the basis of
absentee certificates;
line 16: number of unused absentee certificates (in the event of the repeat
voting - the number of cancelled unused absentee certificates);
line 17: number of detachable coupons of absentee certificates cancelled in
accordance with Clause 6
Article 65 of this Federal Law (in the event of
the repeat voting - the number of absentee certificates cancelled in accordance
with Clause 6
Article shall be entered in the protocol of
voting returns in numerals and in words.
Article 69
Counting of Votes and Compilation of the Protocol of Voting Returns by
Precinct Election Commissions
1. The votes cast by
voters shall be counted openly and publicly, directly by the voting members of a
precinct election commission. The persons indicated in Clause 5
Article 21 of this Federal Law shall be given a
possibility to be present at and observe vote counting.
2. After the end of voting time, the chairman of a precinct election commission
shall announce that only those voters who are already inside the voting premises
may receive ballots and vote. Counting of votes shall begin immediately after
the voting time ends and shall be continued without interruption until the
voting returns are tabulated. These voting returns shall be made known to all
members of a precinct election commission and persons present at vote counting
in accordance with this Federal Law.
3. After the end of voting, the voting members of a precinct election commission
in the presence of persons indicated in Clause 5
Article 21 of this Federal Law shall count
unused ballots and 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 and against the line "Against all candidates"),
announce the number of cancelled ballots obtained by summing up the number of
unused ballots and the number of ballots spoilt by voters in the course of
voting and enter this data in line 4 of the protocol of voting returns and in
its oversize version. Then members of the precinct election commission shall
announce the number of unused absentee certificates and shall enter this number
in line 16 of the protocol of voting returns and its oversize version.
Detachable coupons of absentee certificates and, in the event of the repeat
voting, absentee certificates cancelled in pursuance of Clause 6
Article, on the last sheet of the voters list
and shall certify this data with his/her signature and the seal of the precinct
election commission. After that, the voters list shall be made available for
examination to persons indicated in Clause 5
Article 21 of this Federal Law.
6. The chairman, the deputy chairman or the secretary of a precinct election
commission shall check and announce the following data and then enter this data
in lines 1 and 2 of the protocol of voting returns and in its oversize version:
(a) the number of voters in the voters list as of the end of voting;
(b) the number of ballots received by the precinct election commission.
7. The following data shall be announced and entered in lines 13, 14, 15 of the
protocol of voting returns and in its oversize version:
(a) the number of absentee certificates received by the precinct election
commission;
(b) the number of absentee certificates issued by the precinct election
commission to voters of the electoral precinct;
(c) the number of voters who voted in the electoral precinct on the basis of
absentee certificates.
8. Then, the following data shall be announced and entered in lines 3, 5, and 6
of the protocol of voting returns and in its oversize version:
(a) the number of ballots issued to voters at the voting premises on voting day;
(b) the number of ballots issued to voters who voted outside the voting
premises;
(c) the number of ballots issued to voters who voted early in accordance with
Clauses 2 - 9
Article.
10. Votes cast by voters shall be counted directly by the voting members of a
precinct election commission from the ballots in the ballot boxes.
11. Non-voting members of a precinct election commission, persons listed in
Clause 5
Article, shall be announced and entered in line
10 of the protocol of voting returns and its oversize version. The number of
invalid ballots where none of the options are marked shall be entered in line 12
of the protocol and its oversize version. Ballots shall be invalidated if they
make it impossible to establish the expression of a voter's will, specifically
the ballots wherein a mark (marks) was (were) put in more than one box or in
none of the boxes. If any doubts arise in pronouncing a ballot invalid, a
precinct election commission shall decide the matter by voting and the reasons
for invalidating the ballot shall be indicated on the back of the ballot. This
inscription shall be certified by signatures of not less than three voting
members of the commission and its seal.
19. After counting the invalidated ballots the voting members of a precinct
election commission shall sum up the data of line 18 and the subsequent lines of
the protocol of voting returns, announce the number of valid ballots and enter
this number in line 9 of the protocol of voting returns and its oversize
version.
20. The voting members of a precinct election commission shall count the number
of standard ballots in the stationary ballot boxes, announce this number and
enter it in line 8 of the protocol of voting returns and in its oversize
version.
21. Non-voting members of a precinct election commission, observers, foreign
(international) observers may examine the sorted out ballots under the
supervision of the voting members of the precinct election commission.
22. After the ballots have been counted, a check shall be made using the control
relationships between the data entered in the protocol of voting returns (Annex
4). If the control relationships fail to coincide, a precinct election
commission shall carry out additional counting of votes for all or some of the
lines of the protocol of voting returns, including additional counting of
ballots. If changes have to be made in the protocol of voting returns as a
result of additional counting, a new blank form of the protocol shall be
completed and the necessary changes shall be made in its oversize version. The
protocol of voting returns completed earlier shall be attached to the first copy
of the protocol of voting returns of a precinct election commission.
23. After the counting is completed the ballots shall be packed in separate
bundles according to the registered candidates for which votes were cast in the
ballots. Separate bundles shall contain ballots in which votes were cast against
all candidates and invalidated and cancelled ballots. Each bundle shall be
marked to indicate the quantity of ballots in the bundle, the name of the
registered candidate marked in these ballots or shall be marked "Invalidated
ballots," "Against all candidates." The ballots packed as above shall be placed
in bags or boxes which shall be marked to indicate the number of the electoral
precinct, the number of ballots. The bags or boxes shall be sealed and may be
opened only by the decision of a higher-level election commission or a court.
Voting and non-voting members of a precinct election commission may put their
signatures on these bags or boxes.
24. The protocol of voting returns shall be completed in three copies and shall
be signed by all present voting members of a precinct election commission.
25. If some voting members of a precinct election commission are absent when the
protocol of voting returns is completed, 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 a precinct election commission.
26. The protocol of voting returns shall not be completed with a pencil and no
changes shall be made therein. At the signing of the protocol voting members of
a precinct election commission who dissent from the contents of the protocol may
attach their dissenting opinion to the protocol and a note to this effect shall
be made in the protocol.
27. Upon the request of any member of a precinct election commission and persons
indicated in Clause 5 of
Article 21 this Federal Law, immediately after
the protocol of voting returns (including a redrafted protocol) is signed the
precinct election commission shall provide a copy of the protocol of voting
returns to these persons or allow them to copy the protocol and shall certify
the copy.
28. After the protocol of voting returns was signed by all present voting
members of the precinct election commission and after its copies were, on their
request, issued to or certified for all persons present at vote counting from
among persons indicated in Clause 5
Article 21 of this Federal Law the first copy
of the protocol of voting returns of the precinct election commission shall be,
without delay, forwarded to the territorial commission and shall not be returned
to the precinct election commission. Precinct election commissions formed
outside the territory of the Russian Federation shall forward the first copy of
the protocol of voting returns together with attached documents directly to the
Central Election Commission of the Russian Federation. Attached to the first
copy of the protocol of voting returns shall be dissenting opinions of voting
members of a precinct election commission, complaints (statements) about
violations of this Federal Law received by the precinct election commission,
decisions taken by the precinct election commission on these complaints
(statements) as well as the commission's acts, records and journals. The
certified copies of these documents and decisions of a precinct election
commission shall be attached to the second copies of the protocol.
29. The second copy of the protocol of voting returns together with the
electoral documentation provided for by this Federal Law, including sealed
ballots and lists of non-voting members of a precinct election commission,
persons indicated in Clause 5 of
Article 21 of this Federal Law who were present
at the tabulation of voting returns and compilation of the protocol, as well as
the seal of a precinct election commission shall be kept by the secretary of the
precinct election commission under a seal in a guarded room until the commission
finishes its work. The electoral documentation including sealed ballots shall be
handed over to the territorial commissions not later than five days after
official publication of the general results of the election of the President of
the Russian Federation.
30. The third copy of the protocol shall be shown to persons indicated in Clause
5
Article 21 of this Federal Law and then shall
be posted for examination by general public in a place designated by a precinct
election commission. Five days after voting day the third copy of the protocol
shall be handed over to the territorial election commission.
31. If the necessary technical equipment is available, subject to a decision of
the election commission of the Subject of the Russian Federation and approval by
the Central Election Commission of the Russian Federation of the use of
technical devices (including ballot scanners) for counting votes, territorial
election commissions shall determine electoral precincts where such technical
devices may be used. The voting returns tabulated with the aid of the said
technical devices shall be regarded as preliminary information which has no
legal force.
32. When technical devices are used for vote counting, no vote counting data
shall be disclosed until the end of voting at the voting premises, with the
exception of the data concerning voter turnout.
33. If the necessary equipment is available, immediately after the protocol of
voting returns is signed by the members of a precinct election commission formed
in electoral precincts on a ship at sea, at a polar station, in a remote or
hard-to-reach area or outside the territory of the Russian Federation the data
of the protocol shall be transmitted via technical communication channels to the
higher-level election commission. It is mandatory that subsequently, at the
earliest opportunity, the first copy of the protocol of voting returns and all
electoral documentation, including ballots, be handed over to the higher-level
election commission directly or through diplomatic and consular missions of the
Russian Federation abroad or by some other means ensuring preservation of the
electoral documentation and its proper delivery.
34. The procedure for using a technical system for transmission of information
concerning the election, the manner and time of transmission, processing and
utilization of this information, including the data of the protocols of voting
returns transmitted over technical communication channels, shall be decided by
the Central Election Commission of the Russian Federation.
35. If, after the protocol of voting returns was signed and its first copy was
delivered to the territorial election commission, a precinct election commission
which had drawn up the protocol detects inaccuracies therein (a slip of the pen,
a misprint or an error in data summation) it shall call a meeting to consider
the question of making corrections in the protocol. In its announcement about
this meeting to be made in accordance with Clause 2
Article 21 of this Federal Law the precinct
election commission shall state that it is going to consider this matter at the
meeting. The decision taken by the precinct election commission shall be made
known by the commission to its non-voting members, observers and other persons
who were present when the previously approved protocol was drawn up as well as
to media representatives. In this case, the precinct election commission shall
draw up a protocol of voting returns marked with the word "Corrected." This
protocol shall be promptly forwarded to the territorial election commission. The
protocol of voting returns submitted to a territorial election commission
earlier shall be attached to the corrected protocol.
Article 70
Tabulation of Voting Returns by a Territorial Election Commission
1. Based on the data of
the protocols of voting returns of precinct election commissions, including the
data transmitted via technical communication channels from precinct election
commissions formed in electoral precincts on ships at sea, at polar stations, in
remote and hard-to-reach areas or outside the territory of the Russian
Federation a territorial election commission, after making sure that the
protocols are drawn up correctly, shall, not later than two days after voting
day, tabulate the voting returns for the given territory by summing up all data
contained in the protocols. The data of the protocols of voting returns of
precinct election commissions shall be summed up directly by the voting members
of a territorial election commission. This may be observed by the persons
indicated in Clause 5
Article 21 of this Federal Law.
2. On the basis of the voting returns, a territorial election commission shall
draw up a protocol of voting returns for the given territory indicating:
(a) the number of precinct election commissions in the given territory;
(b) the number of protocols of voting returns of precinct election commissions
on the basis of which the protocol of a territorial election commission is drawn
up;
(c) the summarized data for all lines of protocols of voting returns of precinct
election commissions established by Clauses 2 and 3
Article and the lists of non-voting members of
the election commission and persons indicated in Clause 5
Article shall be given for examination and
copying to members of the territorial election commission and non-voting members
of higher-level election commissions, persons indicated in Clause 5
Article 21 of this Federal Law. Then the third
copy of the protocol shall be displayed for general observation at the place to
be designated by a territorial election commission. Five days after voting day
the third copy of the protocol, summary table of voting returns shall be
transferred to the election commission of the Subject of the Russian Federation.
9. If, after the protocol of voting returns of a territorial election commission
and/or the summary table was/were signed and their first copies were sent to the
election commission of the Subject of the Russian Federation, the territorial
election commission which had drawn up the protocol, summary table finds an
inaccuracy (including a slip of the pen, a misprint, an error in the summation
of the data of protocols of precinct election commissions), it shall call a
meeting to consider the question of correcting the protocol and/or the summary
table. In its announcement about this meeting to be made in accordance with
Clause 2,
Article 21 of this Federal Law the territorial
election commission shall indicate that it is going to consider this matter. It
shall be mandatory that the territorial commission make its decision known to
its non-voting members, observers and other persons who were present when the
previously approved protocol was drawn up as well as to media representatives.
In this case, the territorial election commission shall draw up a protocol of
voting returns ad/or summary table and mark it with the word "Corrected." This
protocol and/or summary table shall be, without delay, forwarded to the election
commission of the Subject of the Russian Federation.
10. Upon detection of errors, inconsistencies in the protocol of voting returns
and when doubts arise as to the correctness of a protocol received from a
precinct election commission a territorial election commission may resolve that
a precinct election commission carry out vote recounting or that the given
territorial commission itself recount the votes cast by voters in the given
electoral precinct.
11. Votes shall be recounted in the presence of a voting member (members) of the
territorial election commission by the election commission which drew up and
approved the protocol being verified or by the commission that resolved that
votes be recounted. The election commission which is to recount votes shall
inform about the recounting the members of the given precinct election
commission, registered candidates or their agents, persons indicated in Clause 2
Article 21 of this Federal Law, who are
entitled to be present at vote recounting. On the basis of the results of vote
recounting the election commission which carried out the recounting shall draw
up a protocol of voting returns and mark it with the words "Votes recounted." If
the protocol is drawn up by a precinct election commission, it shall be
immediately forwarded to the territorial election commission. The protocol of
voting returns submitted by the precinct election commission earlier shall be
attached to this protocol.
Article 71
Tabulation of Voting Returns by the Election Commission of the Subject of the
Russian Federation
, the lists of non-voting
members of the election commission of the Subject of the Russian Federation and
persons indicated in Clause 5
Article shall be given for examination and
copying to members of the election commission of the Subject of the Russian
Federation and non-voting members of the Central Election Commission of the
Russian Federation, persons indicated in Clause 5
Article 21 of this Federal Law. and shall be
posted for general observation at the place to be designated by the election
commission of the Subject of the Russian Federation
9. If, after the protocol of voting returns of the election commission of the
Subject of the Russian Federation and/or the summary table was/were signed and
their first copies were sent to the Central Election Commission of the Russian
Federation, the election commission of the Subject of the Russian Federation
which had drawn up the protocol, summary table finds an inaccuracy (including a
slip of the pen, a misprint, an error in the summation of the data of protocols
of territorial election commissions), the election commission of the Subject of
the Russian Federation shall call a meeting to consider the question of
correcting the protocol and/or the summary table. In its announcement about this
meeting to be made in accordance with Clause 2
Article votes shall be recounted in the
presence of a voting member (members) of the election commission of the Subject
of the Russian Federation by the election commission which drew up and approved
the protocol being verified or by a higher-level territorial election
commission, election commission of the Subject of the Russian Federation. The
election commission which is to recount votes shall inform about the recounting
the members of the given election commission, registered candidates or their
agents, persons indicated in Clause 2
Article 21 of this Federal Law, who are
entitled to be present at vote recounting. On the basis of the results of vote
recounting the election commission which carried out the recounting shall draw
up a protocol of voting returns and mark it with the words "Votes recounted." If
this protocol was drawn up by a lower-level election commission, it shall be
immediately forwarded to the election commission of the Subject of the Russian
Federation. The protocol of voting returns submitted by a precinct, territorial
election commission earlier shall be attached to the protocol drawn up on the
basis of vote recounting.
Article 72
Determination of the Results of the Election of the President of the Russian
Federation
1. Based of the data
contained in the protocols of voting returns of the election commissions of the
Subjects of the Russian Federation and the protocols of voting returns of
precinct election commissions formed in electoral precincts located outside the
territory of the Russian Federation, including the data transmitted over the
technical communication channels from the said precinct election commissions,
the Central Election Commission of the Russian Federation after making sure that
the protocols are drawn up correctly shall sum up the data of the protocols and
determine the results of the election of the President of the Russian Federation
within ten days of voting day. The data of the protocols of election commissions
shall be summed up directly by the voting members of the Central Election
Commission of the Russian Federation.
2. The results of the election of the President of the Russian Federation shall
be recorded by the Central Election Commission of the Russian Federation in a
protocol which shall contain the following data:
(a) the number of the election commissions of the Subjects of the Russian
Federation;
(b) the number of precinct election commissions formed in electoral precincts
which are located outside the territory of the Russian Federation;
(c) the number of the protocols of the election commissions of the Subjects of
the Russian Federation, on the basis of which the given protocol was drawn up;
(d) the number of the protocols of voting returns of precinct election
commissions formed in electoral precincts which are located outside the
territory of the Russian Federation, on the basis of which the given protocol
was drawn up;
(e) the summarized data for the Russian Federation for all lines of the
protocols of voting returns of the election commissions of the Subjects of the
Russian Federation and the precinct election commissions formed in electoral
precincts which are located outside the territory of the Russian Federation;
(f) the first, middle and last name of the registered candidates put on the
ballot, and, if they coincide, other data of the registered candidates;
(g) the number of votes cast for each registered candidate;
(h) the number of votes cast against all registered candidates.
3. A registered candidate shall be deemed elected if he/she received more than a
half of the votes cast by voters who took part in the voting. The number of
voters who took part in the voting shall be determined from the number of
standard ballots found in the ballot boxes.
4. The Central Election Commission of the Russian Federation shall declare the
election of the President of the Russian Federation to have not taken place if:
(a) less than a half of the voters included in the voters lists took part in the
election by the end of the voting time (the number of voters who took part in
the voting shall be determined by summing up the numbers in lines 3, 5 and 6 of
the protocol of the Central Election Commission of the Russian Federation on the
results of the election of the President of the Russian Federation);
(b) the number of votes cast for the registered candidate who polled the largest
number of votes in relation to the other registered candidate (other candidates)
is less than the number of votes cast against all candidates.
5. The Central Election Commission of the Russian Federation shall declare the
election of the President of the Russian Federation null and void:
(a) if violations committed during the voting or tabulation of voting returns do
not allow the results of the expression of the voters will to be reliably
determined;
(b) if the number of electoral precincts where the voting returns were declared
null and void is not less than one-fourth of the total number of electoral
precincts;
(c) by a court decision.
6. The election of the President of the Russian Federation shall not be declared
null and void because of violations of this Federal Law which are conducive to
the election of registered candidates who have not been elected according to
voting returns and have not received a sufficient number of votes to participate
in the repeat voting, or violations which aimed to encourage or encouraged
voters to vote for registered candidates who have not been elected according to
voting returns and have not received a sufficient number of votes to participate
in the repeat voting.
7. The protocol of the results of the election of the President of the Russian
Federation shall be drawn up by the Central Election Commission of the Russian
Federation and signed by all present voting members of the Central Election
Commission of the Russian Federation. Attached to the protocol shall be the
summary table including the complete data of all protocols of voting returns
received from the election commissions of the Subjects of the Russian Federation
and the protocols of voting returns received from the precinct election
commissions formed in the electoral precincts which are located outside the
territory of the Russian Federation.
8. Any voting member of the Central Election Commission of the Russian
Federation who does not agree with the protocol of the results of the election
of the President of the Russian Federation in full or with certain provisions
thereof shall be entitled to attach his/her dissenting opinion to the protocol
and a note to this effect shall be made in the protocol. Complaints (statements)
about violations of this Federal Law received by the Central Election Commission
of the Russian Federation and the decisions taken thereon shall also be attached
to the protocol.
9. Certified copies of the protocol of the results of the election of the
President of the Russian Federation and of the summary table shall be circulated
to all members of the Central Election Commission of the Russian Federation,
persons indicated in Clause 1
Article 21 of this Federal Law, media
representatives who were present when the results of the election of the
President of the Russian Federation were determined.
10. If, after the protocol of the results of the election of the President of
the Russian Federation and/or the summary table was/were signed, the Central
Election Commission of the Russian Federation finds an inaccuracy in these
documents (including a slip of the pen, a misprint, an error in the summation of
the data of the protocols of lower-level election commissions), the Central
Election Commission of the Russian Federation shall call a meeting to consider
the question of correcting the protocol and/or the summary table. In its
announcement about this meeting to be made in accordance with Clause 2
Article votes shall be recounted in the
presence of a voting member (members) of the Central Election Commission of the
Russian Federation by the election commission which drew up and approved the
protocol of voting returns to be verified or by a higher-level election
commission or by the Central Election Commission of the Russian Federation. The
election commission which is to recount votes shall inform about the recounting
the members of the given election commission, registered candidates or their
agents, other persons indicated in Clause 2
Article 21 of this Federal Law, who are
entitled to be present at vote recounting. On the basis of the results of vote
recounting the election commission which carried out the recounting shall draw
up a protocol of voting returns marked with the words "Votes recounted." The
protocol of voting returns submitted earlier shall be attached to the protocol
drawn up on the basis of vote recounting.
Article 73
Repeat Voting in the Election of the President of the Russian Federation
1. If more than two
registered candidates were put on a ballot and none of them was elected
President of the Russian Federation according to the results of the general
election, the Central Election Commission of the Russian Federation shall
declare the repeat voting in the election of the President of the Russian
Federation on the two candidates who polled the maximum number of votes.
2. The repeat voting shall be held 21 days after voting day in the general
election in compliance with the requirements of this Federal Law, save the
requirement set forth in Clause 3 and Sub-clause "a" Clause 4
Article 72 of this Federal Law. An announcement
about the repeat voting shall be published in the mass media not later than two
days after the corresponding decision was taken by the Central Election
Commission of the Russian Federation.
3. If, prior to the repeat voting, one of the registered candidates on whom the
repeat voting is to be held withdrew his/her candidature, the Central Election
Commission of the Russian Federation shall, by its decision, recognize as a
second candidate for the repeat voting the registered candidate who polled the
maximum number of votes in the general election after the candidates for whom
the Central Election Commission of the Russian Federation initially declared the
repeat voting. In this case, the repeat voting shall be held on the first Sunday
upon the elapse of 14 days from the day on which an application was submitted
according to Clause 2
Article 43 of this Federal Law.
4. According to the results of the repeat voting that registered candidate shall
be deemed to have been elected to the office of the President of the Russian
Federation who received more votes cast by voters who took part in the voting
than the other registered candidate, provided that the number of votes cast for
the registered candidate who received more votes is larger than the number of
votes cast against all candidates.
5. The repeat voting may be held on one candidature if only one registered
candidate remains after withdrawal of registered candidates. In this case, the
registered candidate shall be deemed to have been elected to the office of
President of the Russian Federation if he/she receives not less than 50 percent
of votes cast by voters who took part in the voting.
Article 74
Repeat Election of the President of the Russian Federation
1. If the election of the
President of the Russian Federation was declared to have not taken place or null
and void or if, as of the day of the repeat voting, both registered candidates
on whom the repeat voting was declared withdrew their candidatures or if neither
registered candidate was elected to the office of President of the Russian
Federation as a result of the repeat voting, the Federation Council of the
Federal Assembly of the Russian Federation shall call the repeat election of the
President of the Russian Federation.
2. Voting in the repeat election of the President of the Russian Federation
shall be held not later than four months after the day of the initial election
or not later than three months after the day on which the election was declared
to have not taken place or null and void.
3. Nomination and registration of candidates, other electoral actions connected
with the repeat election of the President of the Russian Federation shall be
carried out in a procedure established by this Federal Law. In the event of the
repeat election the periods for the performance of electoral actions established
by this Federal Law may be reduced by a decision of the Central Election
Commission of the Russian Federation, but by not more than one-third. The
announcement about the repeat election shall be published in the mass media not
later than five days after the corresponding decision is taken.
4. In the event of the repeat election of the President of the Russian
Federation candidates whose actions (inaction) served as a reason for declaring
the general election or the election in the repeat voting null and void shall
not be eligible for repeated nomination.
5. The Central Election Commission of the Russian Federation may decree that the
powers of territorial and precinct election commissions be extended or new
territorial and precinct election commissions be formed for the repeat election
in a procedure established by
Article 14 of this Federal Law.
Article 75
Publication of the Voting Returns and the Results of the Election of the
President of the Russian Federation
1. Voting returns for each
electoral precinct, each territory, each Subject of the Russian Federation, the
results of the election of the President of the Russian Federation within the
scope of the data contained in the protocols of any election commission and
election commissions of the next lower level shall be made available for
examination to all voters, registered candidates and their authorized
representatives for financial matters and agents, authorized representatives of
electoral associations, electoral blocs, initiative voters' groups, observers,
foreign (international) observers, media representatives on their request
immediately after the protocols of voting returns, election results were signed
by the election commission from which this data was requested. The said data
shall be provided by the appropriate election commission.
2. The Central Election Commission of the Russian Federation shall release the
general data on the results of the election of the President of the Russian
Federation to the mass media within one day after the election results were
determined.
3. The election commission of the Subject of the Russian Federation shall,
within two weeks after voting day, officially publish the data contained in the
protocols of voting returns of all territorial and precinct election commissions
in regional state-run periodicals. Subject to official publication shall be all
data contained in the protocols of each precinct election commission. If vote
recounting was carried out in some electoral precincts, territories and the
results of the recounting were received by the election commission of the
Subject of the Russian Federation past this deadline, the election commission of
the Subject of the Russian Federation shall officially publish the corrected
data within a week after this data was accepted on the basis of a corresponding
decision.
4. The results of the election of the President of the Russian Federation as
well as the data on the number of votes received by each registered candidate,
the number of votes cast against all candidates shall be officially published by
the Central Election Commission of the Russian Federation in the mass media not
later than three days after it signs the protocol of the results of the election
of the President of the Russian Federation . Within three weeks of voting day,
the Central Election Commission of the Russian Federation shall officially
publish the complete data of the protocols of voting returns of all election
commissions of the Subjects of the Russian Federation in its official bulletin.
5. Within two months of voting day, the Central Election Commission of the
Russian Federation shall publish the information about the voting returns and
the results of the election of the President of the Russian Federation in its
official bulletin, including complete data of the protocols of voting returns
and election results of all election commissions with the exception of precinct
commissions.
Article 76
Use of the State Automated Information System
1. The state automated
information system or its separate technical facilities may be used in the
election of the President of the Russian Federation, specifically, in the
registration of voters, compilation of voters lists, tabulation of voting
returns and determination of election results for prompt reception, transmission
and processing of information. The requirements to the state automated
information system and the rules for its use shall be established by the Central
Election Commission of the Russian Federation.
2. If the appropriate equipment is available, immediately after the protocol of
voting returns is signed its data shall be transmitted in an electronic form to
the higher-level election commission via technical communication channels of the
state automated information system, with mandatory subsequent submission of the
first copy of the protocol of voting returns, protocol of election results to
the higher-level election commission.
3. If the state automated information system or some of its technical facilities
are to be used in the election, the election commission shall, by its decision,
form a supervisory group consisting of voting and non-voting members of the
commission to supervise the use of the state automated information system or its
separate technical facilities. This supervisory group shall check the
operational readiness of the system facilities; exercise control over proper
entry of data from the protocols of the election commission, over proper
re-entry or correction of entered data subject to a decision of the election
commission; monitor compliance with the requirements of this Federal Law,
instructions and other documents of the Central Election Commission of the
Russian Federation concerning the use of the state automated information system,
including ballot scanners or other technical facilities for vote counting; check
documentation of the actions prescribed by the rules and plans of the election
commission (entries in the journal, records, acts, computer printouts certified
by the signatures of the supervisory group members). The supervisory group may
engage specialists in the field of automated data processing systems.
4. All members of the election commission, observers shall have the right to
examine any information entered into and retrieved from the state automated
information system.
5. Voting and non-voting members of the election commission who are included in
the supervisory group shall have the same rights, such as the right to examine
any information transmitted to the given election commission via technical
communication channels; inspect the technical documentation of the state
automated information system; require explanations of their actions from the
operating personnel of the state automated information system; compare the
results of the manual and automated data processing; receive the data of the
protocols of voting returns, election results and the corresponding summary
tables recorded on machine readable carriers provided by them. If any
irregularities or unlawful actions are discovered on the part of the operating
personnel of this system or observers, the supervisory group shall inform about
such irregularities and actions the chairman of the election commission and
shall make proposals aimed at their correction. The results of inspections
carried out by the supervisory group shall be recorded in the documents of the
information center (service) of the given election commission.
6. From the beginning of voting and up to the time when the election commission
signs the protocol of voting returns the state automated information system in
which the data are transmitted form lower-level election commissions to
higher-level election commissions shall be used for monitoring the progress and
results of voting. During this period transmission of any data from the
information centers, services of higher-level election commissions to the
information centers, services of lower-level election commissions shall not be
allowed, except for the signals acknowledging receipt of information.
7. The data on the progress of voting and its results received through the state
automated information system shall be regarded as preliminary information of no
legal significance.
8. The available computer printout containing the data entered into the state
automated information system shall be attached to the protocol of the election
commission kept by the secretary of the election commission. The authenticity of
the data contained in the computer printout shall be certified by the signatures
of members of the supervisory group and the person responsible for data entry.
9. The data on the voter turnout in the election of the President of the Russian
Federation, preliminary and final voting returns entered into the state
automated information system shall be readily accessible (in the "read only"
mode) to the users of the public information-communication networks in a
procedure established by the Central Election Commission of the Russian
Federation.
Article 77
Safekeeping of Electoral Documentation
1. Documents of precinct
election commissions (including ballots) and territorial election commissions
shall be kept in guarded rooms and shall be handed over to election commissions
of the next higher level not later than the date on which the powers of the
precinct, territorial election commissions expire.
2. Documents of the election commissions of the Subjects of the Russian
Federation and the Central Election Commission of the Russian Federation
together with the documents which have been transferred to them for safekeeping
from lower-level election commissions shall be kept by these commissions for
periods established by Russian Federation law.
3. The safekeeping period for ballots, absentee certificates, detachable coupons
of absentee certificates, voters lists shall be not less than one year after the
day of official publication of the election results, for protocols of voting
returns, election results and summary tables of election commissions - not less
than one year after the day on which the decision to call (hold) the next main
election of the President of the Russian Federation was officially published.
Financial reports of election commissions, final financial reports of registered
candidates shall be kept for not less than one year after the day on which the
decision to call the next main election of the President of the Russian
Federation was officially published.
4. Ballots, absentee certificates, detachable coupons of absentee certificates,
voters lists , protocols of voting returns, election results of election
commissions and the documents attached thereto, summary tables, financial
reports of election commissions, final financial reports of registered
candidates shall be documents of strict accountability. The chairman (deputy
chairman) and the secretary of an election commission shall be responsible for
the preservation of electoral documentation until the documentation is handed
over to the higher-level election commission or to the archives.
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CHAPTER 10
Article 78
Inauguration of the President of the Russian Federation
The President of the
Russian Federation elected in accordance with the Constitution of the Russian
Federation and this Federal Law shall be inaugurated upon the elapse of four
years since the day of the inauguration of the President of the Russian
Federation elected in the previous election or, in the event of the early
election or if the repeat election of the President of the Russian Federation
was declared before the last day of the four-year period elapsing from the day
of the inauguration of the President of the Russian Federation elected in the
previous election,. on the thirtieth day after the day on which the Central
Election Commission of the Russian Federation officially publishes the general
results of the election of the President of the Russian Federation.
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CHAPTER 11
Article 79
Appealing Decisions and Actions (Inaction) Which Violate Electoral Rights of
Citizens
1. Decisions and actions
(inaction) which violate electoral rights of citizens may be appealed by voters,
candidates, registered candidates, electoral associations, electoral blocs,
other public associations, agents of registered candidates, observers and
election commissions. If the violations indicated in the appeal (appeals) affect
a large number of citizens or if the violation has assumed a special public
significance owing to some other circumstances, the Central Election Commission
of the Russian Federation may apply to the Supreme Court of the Russian
Federation, which shall be obliged to consider the appeal on its merits.
2. Decisions and actions (inaction) of bodies of state power, bodies of local
self-government, public associations and officials as well as decisions and
actions (inaction) of electoral commissions and their officials which violate
electoral rights of citizens of the Russian Federation may be appealed in a
court.
3. Decisions and actions (inaction) of the Central Election Commission of the
Russian Federation and its officials shall be appealed in the Supreme Court of
the Russian Federation; decisions and actions (inaction) of election commissions
of the Subjects of the Russian Federation and their officials shall be appealed
in the court of the Subject of the Russian Federation; decisions and actions
(inaction) of other election commissions shall be appealed in raion courts.
4. In cases provided by this Federal Law a court may reverse the decision of an
election commission concerning voting returns and election results, other
decisions of an election commission.
5. If a decision of an election commission was reversed by a court, a new
decision on the substance of the matter shall be taken on the basis of the court
decision by the election commission whose decision was reversed or by a
higher-level election commission. Court decisions shall be binding on the
election commissions concerned.
6. Consideration by a court of an appeal against the decision of an election
commission concerning voting returns, election results as well as investigation
of the facts relating to violation of this Federal Law shall not be regarded as
breach of immunity of the registered candidate who was declared elected in
accordance with Russian Federation law. The registered candidate declared
elected shall not refuse to testify in an administrative, civil or criminal case
initiated in connection with a complaint about violation of electoral rights of
citizens committed in the course of his/her election.
7. Decisions and actions (inaction) of election commissions and their officials
violating electoral rights of citizens may be appealed in a higher-level
election commission.
8. When examining cases of refusal of registration of a candidate, annulment of
registration of a registered candidate or when considering a motion to the
Supreme Court of the Russian Federation for declaring the election of a
registered candidate null and void the Central Election Commission of the
Russian Federation shall be entitled to require and receive documents and other
materials and hear explanations of officials and citizens.
9. A higher-level election commission shall be entitled to reverse the decision
of a lower-level election commission and order it to consider the matter again
or take a decision on the substance of the complaint.
10. Preliminary application to a higher-level election commission shall not be
an obligatory condition for application to a court.
11. If a complaint was accepted for adjudication by a court and a similar
complaint was filed by the complainants with an election commission, the given
election commission shall suspend adjudication of the complaint until the court
decision comes into legal force. The court shall inform the election commission
about the receipt of the complaint and about the entry into legal force of the
court decision taken upon its adjudication.
12. Decisions in respect of complaints received in the course of an election
campaign shall be taken within five days but not later than a day preceding
voting day or, on voting day or the next day, immediately. If the facts
mentioned in complaints require additional verification, decisions in respect of
such complaints shall be taken within ten days. Appeals against a decision of an
election commission concerning voting results, election results shall be
adjudicated by a court within two months from the day on which the appeal was
filed.
13. The courts and prosecutor's offices shall organize their work (including on
days-off) so as to ensure prompt adjudication of complaints within the periods
prescribed by this Federal Law.
Article 80
Grounds for Refusal to Register a Candidate and for Annulment of the Decision
to Register a Candidate
1. If a candidate,
registered candidate violates this Federal Law, the Central Election Commission
of the Russian Federation shall be entitled to make a warning to this candidate,
registered candidates and this warning shall be made known to voters through the
mass media or by some other means. The Central Election Commission of the
Russian Federation may refuse to register a candidate, annul registration of a
registered candidate, annul the decision on voting returns, election results
even if such a warning was not made.
2. The Central Election Commission of the Russian Federation may refuse to
register a candidate if:
(a) it has been established that the information submitted by a candidate, an
authorized representative of the electoral association, electoral bloc,
initiative voters' group in accordance with this Federal Law is not accurate and
its inaccuracy is essential;
(b) it has been established that a candidate carried out election campaigning
before his/her registration;
(c) it has been established that voters were bribed i.e., a candidate, his/her
authorized representative for financial matters, an electoral association,
electoral bloc, initiative voters' group which nominated a candidate, committed
an act prohibited by Clause 2
Article was discovered after registration of
the candidate;
(b) a registered candidate, his/her authorized representative or agent, an
authorized representative of the electoral association, electoral bloc,
initiative voters' group which nominated the registered candidate conducted
propaganda in the territory of a military unit, in a military organization or
institution;
(c) a registered candidate or his/her agent produced and/or disseminated
printed, audio-visual election propaganda materials in violation of Clauses 3,
4, 5 and 9
Article 52 of this Federal Law;
(d) in the course of the election campaign a registered candidate, his/her
authorized representative for financial matters or agent, an electoral
association, electoral bloc (including an electoral association which joined the
electoral bloc), initiative voters' group which nominated a registered
candidate, their authorized representative, an organization whose founders,
owners, possessors are and/or whose governing or supervisory bodies include the
aforementioned persons and/or organizations (representatives of these
organizations) carried on charity activities in the territory of the Russian
Federation, asked other natural persons and legal entities to provide material
and financial aid or services to voters, consented to the provision of such aid
or services by natural persons or legal entities on their behalf;
(e) a registered candidate took advantage of his/her official position or
status;
(f) a registered candidate did not file the financial report in due time;
(g) a registered candidate who is on government or municipal service or who
works in the mass media under a labor or a civil-law contract did not suspend
the performance of official duties for the period of his/her participation in
the election;
(h) a fact of bribery of voters has been established, i.e., a registered
candidate, his/her authorized representative for financial matters or agent
committed an act prohibited by Clause 2
Article 53 of this Federal Law or that this act
was committed by some other person on their request;
(i) when financing his/her election campaign a registered candidate used money
to finance his/her election campaign from sources other than his/her electoral
fund in the amount exceeding 1 percent of the maximum limit of expenditures from
a candidate's electoral fund established by this Federal Law;
(j) a registered candidate exceeded the expenditures from the electoral fund by
more than 1 percent of the maximum limit established by this Federal Law for
expenditures from the electoral fund of a candidate, registered candidate;
(k) a registered candidate used unlawful donations contributed to his/her
electoral fund in an amount exceeding 1 percent of the maximum limit established
by this Federal Law for expenditures from the electoral fund of a candidate,
registered candidate.
4. The Central Election Commission of the Russian Federation shall be entitled
to refuse to register a candidate, ask a court to annul registration of a
candidate if the candidate, registered candidate has misused the freedom of mass
information. Having established the fact of misuse of freedom of information the
court shall annul registration of the candidate.
Article 81
Grounds for Annulment of the Decision of an Election Commission On Voting
Returns, Results of the Election of the President of the Russian Federation
1. If a registered
candidate has committed violations indicated in
Article 80 of this Federal Law but the
violations were discovered after official publication of the results of the
election of the President of the Russian Federation, the Central Election
Commission of the Russian Federation may ask the Supreme Court of the Russian
Federation to declare election of the candidate null and void.
2. The decision of the Central Election Commission of the Russian Federation on
the results of the election of the President of the Russian Federation may be
annulled by a court if the court establishes that the violations indicated in
Article 80 of this Federal Law have taken place
and this does not make it possible reliably to establish the results of the
expression of the voters' will.
3. A court of an appropriate level may also annul the decision of an election
commission on the voting returns and election results in an electoral precinct,
territory, the decision of the Central Election Commission of the Russian
Federation on the results of the election of the President of the Russian
Federation if there have been breaches of the rules for compilation of voters
lists, procedure for the formation of election commissions, voting and vote
counting procedures (including interference with their monitoring),
determination of election results, other violations of this Federal Law, if
these actions (inaction) do not allow the results of the expression of the
voters' will to be reliably determined.
4. A court of an appropriate level, the Central Election Commission of the
Russian Federation, the election commission of a Subject of the Russian
Federation may annul the decision of a precinct, territorial, election
commission on the voting returns in the corresponding precinct, territory in
cases provided by this Federal Law.
5. If voting returns in at least one-fourth of electoral precincts have been
voided, the election of the President of the Russian Federation shall be
declared null and void.
6. The decision on the results of the election of the President of the Russian
Federation shall not be annulled because of violations of this Federal Law which
were conducive to the election of registered candidates who have not been
elected according to the voting returns or who have not received a sufficient
number of votes to take part in the repeat voting, or violations which aimed to
encourage or encouraged voters to vote for registered candidates who have not
been elected according to the voting returns or who have not received a
sufficient number of votes to take part in the repeat voting.
Article 82
Responsibility for Violation of Electoral Rights of Citizens
1. Subject to criminal,
administrative or other responsibility under federal laws shall be the persons
who:
(a) by coercion, deception, threats, fraud or other methods prevent a citizen of
the Russian Federation from freely exercising the right to elect and be elected;
(b) take advantage of their official position or status to gain election;
(c) coerce citizens into or prevent them from putting their signatures in
support of a candidate or participate in the forgery of such signatures;
(d) bribe voters, i.e., commit an act prohibited by Clause 2
Article 53 of this Federal Law;
(e) have not gathered and updated information about registered voters (voters
lists) in due time;
(f) disseminate patently false information about candidates, registered
candidates or do other acts and actions damaging the honor and dignity of
candidates, registered candidates;
(g) violate the rights of election commission members, including non-voting
members, observers, foreign (international) observers, authorized
representatives of candidates, registered candidates, agents of registered
candidates, authorized representatives of electoral associations, electoral
blocs, initiative voters' groups, media representatives, including the right to
receive information and copies of electoral documents in due time and to have
the said documents certified;
(h) violate the election campaigning rules, including persons who conduct
propaganda on the day preceding voting day and on voting day;
(i) engage in charity activities or produce and distribute commercial and other
advertising materials in violation of this Federal Law;
(j) fail to ensure conditions for holding public events when they are obligated
to do so by law;
(k) violate the rules of election campaign funding established by this Federal
Law;
(l) conceal remaining ballots or produce extra ballots, absentee certificates
which are not registered by an election commission;
(m) unlawfully interfere with or obstruct the work of election commissions or
the performance by commission members of their duties;
(n) obstruct voting at voting premises;
(o) violate the secrecy of voting;
(p) force voters to vote against their own choice;
(q) forge electoral documents, draw up and issue falsified documents,
deliberately falsify vote count or election results, do not present or publish
information about voting returns in default of their duties;
(r) violate the rights of citizens to examine voters lists;
(s) issue ballots to citizens to allow them to vote for other persons or vote
more than once in the course of the same voting, or issue marked ballots to
citizens;
(t) fail to submit or publish reports on the expenditure of funds allocated for
the preparation and conduct of the election, financial reports of candidates,
registered candidates;
(u) employers refusing to grant a leave of absence envisaged by this Federal Law
for participation in the election or performance of civil duties;
(v) officials of state bodies who fail to verify information about violations of
this Federal Law, other federal laws when requested to do so by election
commissions, and do not take any steps to stop these violations.
2. In accordance with Russian Federation laws on administrative offences a
precinct, territorial election commission, the election commission of a Subject
of the Russian Federation, the Central Election Commission of the Russian
Federation may draw up a protocol to record an administrative offence committed
by a candidate, registered candidate, an authorized representative of an
electoral association, electoral bloc and by other persons in cases provided by
this Federal Law. Top
CHAPTER 12
Article 83
Entry into Force of this Federal Law
1. This Federal Law shall
enter into force on the day of its official publication.
2. Federal Law "On the Election of the President of the Russian Federation" No.
76-FZ of May 17, 1995 (Collection of Russian Federation Laws, 1995, No. 21, p.
1924) is hereby declared no longer in force.
3. If there is no office of head of a municipal unit in a municipal unit and the
municipal unit has no representative body of local self-government or a
representative body of local self-government has not appointed a person
authorized to perform electoral actions under this Federal Law, such electoral
actions shall be performed by the head of the executive body of state power of a
Subject of the Russian Federation or by some other official appointed by
him/her.
4. The provision of Clause 2
Article 18 of this Federal Law shall not apply
to the election commissions of the Subjects of the Russian Federation which were
formed before 1 October 1997.Top
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