FEDERAL LAW
Law # 121-ФЗ
Dated June 24, 1999
Adopted by the State Duma on June 2, 1999
Approved by the Federation Council on June 9, 1999
Unofficial Translation
CHAPTER I.
GENERAL PROVISIONS *
ARTICLE 1. Basic Principles of Conducting the
Election of Deputies of the State Duma of the Federal Assembly of the Russian
Federation *
ARTICLE 2. Legislation on the Election of Deputies
of the State Duma *
ARTICLE 3. Elections to the State Duma *
ARTICLE 4. Electoral Rights of a Citizen of the
Russian Federation in the Election of Deputies of the State Duma *
ARTICLE 5. Calling of the Election of Deputies of
the State Duma *
ARTICLE 6. The Right to Nominate Candidates for
Election to the State Duma *
ARTICLE 7. Preparation and Conduct of the Election
of Deputies of the State Duma by Election Commissions *
ARTICLE 8. Right to Election Campaigning *
ARTICLE 9. Funding of the Election of Deputies of
the State Duma *
ARTICLE 10. Publicity in the Preparation and
Conduct of the Election of Deputies of the State Duma *
ARTICLE 11. Inadmissibility of Participation in
Election of Foreign Citizens, Stateless Persons and Foreign Legal Entities *
CHAPTER II. ELECTORAL DISTRICTS AND ELECTORAL
PRECINCTS *
ARTICLE 12. Formation of Single-Mandate Electoral
Districts *
ARTICLE 13. Federal Electoral District *
ARTICLE 14. Formation of Electoral Precincts *
CHAPTER III. VOTER LISTS *
ARTICLE 15. Compilation of Voter Lists *
ARTICLE 16. Procedure for Including Citizens on
the Voter Lists *
ARTICLE 17. Examination of Voter Lists by Voters *
CHAPTER IV. ELECTION
COMMISSIONS *
ARTICLE 18. The System and the Status of Election Commissions for the
Election of Deputies of the State Duma *
ARTICLE 19. Formation of the Central Election Commission
of the Russian Federation and Election Commissions of Subjects of the Russian
Federation *
ARTICLE 20. Formation of a District Election
Commission *
ARTICLE 21. Formation of Territorial and Precinct
Election Commissions *
ARTICLE 22. Appointment of Non-Voting Members of
Election Commissions *
ARTICLE 23. Status of Election Commission Members
*
ARTICLE 24. Powers of the Central Election
Commission of the Russian Federation *
ARTICLE 25. Powers of the Election Commission of a
Subject of the Russian Federation *
ARTICLE 26. Powers of a District Election
Commission *
ARTICLE 27. Powers of a Territorial Election
Commission *
ARTICLE 28. Powers of a Precinct Election
Commission *
ARTICLE 29. Openness in the Activity of Election
Commissions *
ARTICLE 30. Foreign (International) Observers *
ARTICLE 31. Organization of the Activity of
Election Commissions *
CHAPTER V. ELECTORAL ASSOCIATIONS *
ARTICLE 32. Definition of an Electoral Association
*
ARTICLE 33. Electoral Blocs *
ARTICLE 34. The Name and Emblem of an Electoral
Association, Electoral Bloc *
ARTICLE 35. Authorized Representatives of
Electoral Associations, Electoral Blocs *
ARTICLE 36. Participation of Electoral
Associations, Electoral Blocs in the Election of Deputies of the State Duma *
CHAPTER VI. NOMINATION AND REGISTRATION OF
CANDIDATES FOR ELECTION TO THE STATE DUMA *
ARTICLE 37. Nomination of a Candidate Directly by
Voters *
ARTICLE 38. Nomination of Candidates by an
Electoral Association, Electoral Bloc in Single-Mandate Electoral Districts *
ARTICLE 40. Submission of Lists of Candidates and
Other Electoral Documents of Electoral Associations, Electoral Blocs to the
Central Election Commission of the Russian Federation *
ARTICLE 42. Collection of Signatures in Support of
a Candidate Directly Nominated by Voters *
ARTICLE 43. Collection of Signatures in Support of
Candidates, a Federal List of Candidates Nominated by an Electoral Association,
Electoral Bloc *
ARTICLE 44. Procedure for the Collection of
Signatures in Support of a Candidate, Federal List of Candidates and Execution
of Signature Lists *
ARTICLE 45. Submission of Election-Related
Documents for Registration of Candidates, Federal Lists of Candidates *
ARTICLE 46. Verification by Election Commissions
of the Authenticity of Data Contained in Signature Lists and Information
Submitted by Candidates, Electoral Associations, Electoral Blocs *
ARTICLE 47. Registration of Candidates, a Federal
List of Candidates *
CHAPTER VII. STATUS OF REGISTERED CANDIDATES *
ARTICLE 48. Equality of Registered Candidates *
ARTICLE 49. Guarantees for the Activity of
Registered Candidates *
ARTICLE 50. Agents of Registered Candidates,
Electoral Associations, Electoral Blocs *
ARTICLE 51. Withdrawal of Candidates, Registered
Candidates, Electoral Associations, Electoral Blocs *
CHAPTER VIII. ELECTION CAMPAIGNING *
ARTICLE 52. Election Campaigning and Its Forms *
ARTICLE 53. Election Campaigning Period *
ARTICLE 54. Public Opinion Polls *
ARTICLE 55. General Terms and Conditions for the
Access of Registered Candidates, Electoral Associations, Electoral Blocs to the
Mass Media *
ARTICLE 56. Terms and Conditions of Election
Campaigning on TV and Radio *
ARTICLE 57. Terms and Conditions of Election
Campaigning Through the Printed Mass Media *
ARTICLE 58. Election Campaigning by Means of Mass
Events *
ARTICLE 59. Publication and Distribution of
Printed, Audiovisual and Other Propaganda Materials *
ARTICLE 60. Inadmissibility of Misuse of the Right
to Election Campaigning *
CHAPTER IX. FUNDING OF THE ELECTION *
ARTICLE 61. Funding of the Preparation and Conduct
of the Election *
ARTICLE 62. Electoral Funds of Candidates, Registered
Candidates, Electoral Associations, Electoral Blocs *
ARTICLE 63. Special Electoral Accounts *
ARTICLE 64. Electoral Deposit *
ARTICLE 65. Voluntary Donations to Electoral Fund
of a Candidate, Registered Candidate, an Electoral Association, Electoral Bloc
*
ARTICLE 66. Reporting With Regard to Money on
Electoral Funds *
ARTICLE 67. Return of Money by Candidates,
Registered Candidates, Electoral Associations, Electoral Blocs *
ARTICLE 68. Financial Support of Election
Commissions *
ARTICLE 69. The Review-Auditing Service of
Election Commissions *
CHAPTER X. VOTING AND DETERMINATION OF ELECTION
RESULTS *
ARTICLE 70. Voting
Premises *
ARTICLE 71. Ballots *
ARTICLE 72. Absentee Certificates for Voting in the Election of
Deputies of the State Duma *
ARTICLE 73. Voting Procedure *
ARTICLE 74. Early Voting *
ARTICLE 75. Voting Outside the Voting Premises On
Voting Day *
ARTICLE 76. Protocols of Voting Returns of a
Precinct Election Commissions *
ARTICLE 77. Counting of Votes and Compilation of
Protocols of Voting Returns by Precinct Election Commissions *
ARTICLE 78. Tabulation of Voting Returns by a
Territorial Election Commission *
ARTICLE 79. Determination of the Election Results
for a Single-Mandate Electoral District and Tabulation of Voting Returns for
the Federal Electoral District *
ARTICLE 80. Determination of Election Results for
the Federal Electoral District *
ARTICLE 81. Determination of the General Results
of the Election *
ARTICLE 82. Methodology for Proportional
Distribution of Deputy Mandates *
ARTICLE 83. Repeat Elections *
ARTICLE 84. Registration of Elected Deputies of
the State Duma *
ARTICLE 85. Publication of the Voting Returns and
the Results of the Election of Deputies of the State Duma *
ARTICLE 86. Use of the State Automated Information
System *
ARTICLE 87. Safekeeping of Electoral Documentation
*
CHAPTER XI. FILLING OF VACANCIES CREATED BY
DEPUTIES *
ARTICLE 88. Filling of a Vacancy Created by a Deputy
Elected on a Federal List *
ARTICLE 89. Filling of a Vacancy Created by a
Deputy Elected in a Single-Mandate Electoral District *
CHAPTER XII. LODGING OF COMPLAINTS ABOUT
VIOLATIONS OF ELECTORAL RIGHTS OF CITIZENS AND RESPONSIBILITY FOR VIOLATION OF
ELECTORAL RIGHTS OF CITIZENS *
ARTICLE 90. Appealing Decisions and Actions
(Inaction) Which Violate Electoral Rights of Citizens *
ARTICLE 91. Grounds for a Refusal to Register a
Candidate, Federal List of Candidates and for Annulment of a Decision to
Register a Candidate, Federal List of Candidates *
ARTICLE 92. Grounds for the Annulment of a
Decision of an Election Commission On Voting Returns, Election Results *
ARTICLE 93. Responsibility for Violation of
Electoral Rights of Citizens *
CHAPTER XIII. CONCLUDING AND TRANSITIONAL
PROVISIONS *
ARTICLE 94. Entry into Force of this Federal Law *
Deputies of the State Duma of the Federal Assembly
of the Russian Federation (hereafter "deputies of the State Duma")
shall be elected by citizens of the Russian Federation on the basis of
universal, equal and direct suffrage by secret ballot. Participation of a
citizen of the Russian Federation in the election 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 on a free expression of a citizen’s will.
Legislation on the election of deputies of the
State Duma 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.
1. Under the Constitution of the Russian Federation
450 deputies shall be elected to the State Duma.
2. Two hundred and twenty five deputies of the
State Duma shall be elected in single-mandate electoral districts (one district
- one deputy) to be formed on the basis of a unified quota of voters’ representation
in single-mandate electoral districts, with the exception of electoral
districts formed in the Subjects of the Russian Federation where the number of
voters is less than the unified quota of representation. The unified quota of
the voters’ representation in a single-mandate electoral district shall be
determined by dividing the total number of voters residing in the territory of
the Russian Federation and registered in the Russian Federation under the
Federal Law "On Basic Guarantees of Electoral Rights and the Right of
Citizens of the Russian Federation to Participate in a Referendum" by the
total number (225) of single-mandate electoral districts.
3. Two hundred and twenty five deputies of the
State Duma shall be elected in the federal electoral district in proportion to
the number of votes cast for federal lists of candidates for election to the
State Duma nominated by electoral associations, electoral blocs.
1. A citizen of the Russian Federation who has
attained to the age of 18 years on voting day shall be entitled to elect
deputies of the State Duma in the federal electoral district.
2. A citizen of the Russian Federation who has
attained to the age of 18 years on voting day and permanently or currently·
resides in the territory of the given electoral district shall be entitled to
elect a deputy of the State Duma in a single-mandate electoral district.
3. 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 (lists of candidates), election campaigning,
monitoring of the conduct of the election and the work of election commissions,
including determination of voting returns and election results, and in the
performance of other electoral actions in accordance with the procedure
established by this Federal Law, other federal laws.
4. Eligible for election as a deputy of the State
Duma shall be a citizen of the Russian Federation who has attained to the age
of 21 years on voting day.
5. A citizen of the Russian Federation who resides
or stays outside the Russian Federation during the period of the preparation
and conduct of the election, shall have the same electoral rights as other
citizens of the Russian Federation in the election of deputies of the State
Duma.
6. A citizen of the Russian Federation found
incapable by a court or kept in places of confinement under a court sentence
shall have no right to elect or be elected.
1. The election of deputies of the State Duma
shall be held within a period established by the Constitution of the Russian
Federation and this Federal Law.
2. Under the Constitution of the Russian
Federation, the election of deputies of the State Duma of a new convocation
shall be called by the President of the Russian Federation. A decision to call the
election shall be taken not earlier than five months and not later than four
months prior to voting day. Voting day in the election of deputies of the State
Duma shall be the first Sunday after the day of expiration of the
constitutional term for which the State Duma of the previous convocation was
elected. The constitutional period for which the State Duma is elected shall
begin from the day of its election as a competent body. A decision to call the
election shall be officially published in the mass media not later than 5 days
after its adoption.
3. If the President of the Russian Federation does
not call the election of deputies of the State Duma within the period indicated
in Clause 2 of this Article, the election of deputies of the State Duma shall
be conducted by the Central Election Commission of the Russian Federation on
the first or second Sunday of a month, which follows the month in which the
powers of the State Duma expire. A decision of the Central Election Commission
of the Russian Federation to hold the election shall be published not later
than seven days from the day on which the term for official publication of a
decision to call the election established by Clause 2 of this Article expires.
4. When dissolving the State Duma in cases and in
a manner provided by the Constitution of the Russian Federation, the President
of the Russian Federation shall simultaneously call an early election of
deputies of the State Duma of a new convocation. In this case, voting day shall
be the last Sunday before expiration of three months from the day on which the
State Duma was dissolved. The decision to call early election shall be
officially published in the mass media not later than five days from the day
when it was taken.
5. If the President of the Russian Federation does
not call the election of deputies of the State Duma of a new convocation after
dissolution of the State Duma, the election of deputies of the State Duma shall
be conducted by the Central Election Commission of the Russian Federation on
the first or second Sunday after expiration of three months from the day on
which the State Duma was dissolved. The decision of the Central Election
Commission of the Russian Federation to hold the election shall be published
not later than 7 days from the day on which the term for official publication
of a decision to call the election established by Clause 4 of this Article
expires.
6. In the cases provided by Clauses 4 and 5 of
this Article the periods of electoral actions established by this Federal Law
shall be reduced by one fourth.
7. If the Sunday on which the election is to be
held coincides with a holiday, a day before or after a holiday, the election
shall be called on the next Sunday.
Candidates for election to the State Duma
(hereafter "candidates") may be nominated by voters of the
appropriate single-mandate electoral district or may nominate themselves by
self-nomination. Candidates, lists of candidates may also be nominated by
electoral associations, electoral blocs.
1. The preparation and conduct of the election of
deputies of the State Duma, measures to ensure the realization and protection
of the electoral rights of citizens and the control over their observance shall
be entrusted to 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 deputies of the State Duma election commissions within the scope of
their powers laid down by this Federal Law, other federal laws shall be
independent of the bodies of state power and local self-government. These
bodies shall not interfere in the activities of the commissions.
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 executive bodies,
executive bodies of Subjects of the Russian Federation, state institutions,
bodies of local self-government, candidates, registered candidates, electoral
associations, electoral blocs, public associations, organizations, officials
and voters.
4. When the election is being prepared and
conducted election commissions shall be entitled to use the state automated
information system to inform voters about the progress and results of the
election, search for, acquire, replenish, process, transmit and store the
information used in the course of the preparation and conduct of the election,
provide information support for election commissions acting within the scope of
powers vested in them by this Federal Law, federal constitutional laws, other
federal laws.
1. The State shall make it possible for citizens
of the Russian Federation, political public associations freely to conduct
election campaigning in accordance with this Federal Law and 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 aimed to encourage or encouraging
voters to participate in the election and to vote for or against any registered
candidate, for or against any federal list of candidates registered with the
Central Election Commission of the Russian Federation.
3. Equal conditions of access to the mass media
shall be guaranteed to registered candidates for election to the State Duma
(hereafter "registered candidates") and to electoral associations,
electoral blocs which registered their federal lists of candidates.
1. Expenses on the preparation and conduct of the
election of deputies of the State Duma shall be paid from the funds allocated
from the federal budget.
2. Candidates for election to the State Duma,
electoral associations, electoral blocs shall set up their own electoral funds
for financing their election campaign.
1. The preparation and conduct of the election of
deputies of the State Duma shall be performed openly and publicly.
2. All normative acts of the election commissions,
bodies of state power and bodies of local self-government relating to the
preparation and conduct of the election shall be published; other decisions of
these bodies relating to the preparation and conduct of the election shall be
made public in some other manner.
Foreign citizens, stateless persons, foreign legal
entities shall not carry on any activities which help or impede nomination,
registration of candidates (list of candidates), election of registered
candidates.
1. In order to conduct the election of deputies of
the State Duma in single-mandate electoral districts 225 single-mandate
electoral districts shall be formed in the territory of the Russian Federation
on the basis of the data submitted to the Central Election Commission of the
Russian Federation by the executive bodies of state power of Subjects of the
Russian Federation concerning the number of voters registered in accordance with
the requirements of Article 17 of the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum" in the territories of the Subjects of the
Russian Federation.
2. Voters residing outside the territory of the
Russian Federation shall be included in single-mandate electoral districts
formed in the territory of the Russian Federation. The information concerning
the number of voters registered outside the territory of the Russian Federation
in accordance with the requirements of Article 17 of the Federal Law "On
Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum" shall be submitted to the
Central Election Commission of the Russian Federation by the Ministry of
Foreign Affairs of the Russian Federation. The number of voters in the district
in which voters residing outside the territory of the Russian Federation are to
be included shall be less than the single quota of voter representation. The
number of additional voters included in a single-mandate electoral district
shall not exceed 10 percent of the number of voters registered in the territory
of the given single-mandate electoral district.
3. Single-mandate electoral districts shall be
formed in accordance with the following requirements:
(a) single-mandate electoral districts shall be
approximately equal in the number of voters registered in their territories,
with a permissible deviation from the average voter representation quota within
one Subject of the Russian Federation not exceeding 10 percent, and in hard-to
reach and remote regions not exceeding 15 percent. The list of hard-to-reach
and remote regions shall be established by a law of a Subject of the Russian
Federation that came into force not later than the day of official publication
of the decision to call the election;
(b) formation of single-mandate electoral
districts in non-adjacent territories within the territory of one Subject of
the Russian Federation shall not be allowed unless a part of the territory of
the given Subject of the Russian Federation is located within the territory of
another Subject of the Russian Federation;
(c) formation of a single-mandate electoral
district in the territory of two and more Subjects of the Russian Federation
shall not be allowed;
(d) at least one single-mandate electoral district
shall be formed in the territory of each Subject of the Russian Federation;
(e) single-mandate electoral districts shall be
distributed between Subjects of the Russian Federation so as to ensure as far
as possible equal representation in the State Duma of the voters residing in
different Subjects of the Russian Federation, with due consideration being given
to Subclauses "c" and "d" above.
4. The requirements to the formation of
single-mandate electoral districts set forth in Clause 2 of this Article shall
be met with due regard to the administrative-territorial (division) of a
Subject of the Russian Federation, boundaries of municipal units.
5. Based on the voter data obtained in accordance
with the Regulation on the State System for Registration of Voters, Referendum
Participants approved by the Central Election Commission of the Russian
Federation the Central Election Commission shall prepare a scheme of the
formation of single-mandate electoral districts and not later than 200 days
before expiration of the constitutional period for which the State Duma of the
current convocation has been elected shall submit this scheme and its graphical
representation to the State Duma. The scheme of the formation of single-mandate
electoral districts shall indicate:
(a) the name and number of each single-mandate
electoral district;
(b) the list of administrative-territorial units
or municipal units at the level of cities, raions, city precincts or at the
corresponding level comprised in each single-mandate electoral district. If a
single-mandate electoral district includes a part of the territory of an administrative-territorial
unit, municipal unit or a populated center, the scheme shall indicate the
boundaries of this part of the administrative-territorial unit, municipal unit
or populated center. If the territory of a Subject of the Russian Federation
forms one single-mandate electoral district, the list of
administrative-territorial units or municipal units comprised in this
single-mandate electoral district shall not be attached to the scheme of
single-mandate electoral districts;
(c) the center of each single-mandate electoral
district;
(d) the number of voters registered in each
single-mandate electoral district and, if more than one single-mandate
electoral district have been formed in the territory of a Subject of the
Russian Federation, the number of voters registered in each
administrative-territorial unit or municipal unit (or a part thereof) comprised
in each single-mandate electoral district;
(e) the number of voters included in various
single-mandate electoral districts in accordance with Clause 2 of this Article
and the names of the foreign states where the voters reside.
6. Single-mandate electoral districts may be
formed and their scheme determined with the use of the state automated
information system.
7. The scheme of single-mandate electoral
districts including its graphical representation shall be approved by a federal
law which shall be published (made public) not later than 100 days prior to
voting day.
8. If the federal law indicated in Clause 7 of this
Article including the scheme of single-mandate electoral districts has not been
published (made public) within the period established by Clause 7 of this
Article, the election of deputies of the State Duma of the new convocation
shall be conducted in single-mandate electoral districts whose scheme was used
in the election of the State Duma of the previous convocation. In this case,
the former scheme of the single-mandate electoral districts shall be published
(made public) by the Central Election Commission of the Russian Federation not
later than 98 days prior to voting day.
The federal electoral district wherein deputies of
the State Duma are elected in proportion to the number of votes cast for the
federal lists of candidates nominated by electoral associations, electoral
blocs shall comprise the entire territory of the Russian Federation. Voters
included in single-mandate electoral districts in accordance with Clause 2 of
Article 12 of this Federal Law shall be regarded as having been included in the
federal electoral district as well.
1. To conduct voting and count votes in the
election of deputies of the State Duma electoral precincts shall be formed on
the basis of the number of voters registered in accordance with the
requirements of Article 17 of the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum" in the territories of municipal units.
2. Electoral precincts shall be formed by the head
of a municipal unit (if the charter of the municipal unit does not provide for
an office of municipal unit head, by a person authorized to do so by a
representative body of local self-government) with the concurrence of an
appropriate district election commission, not later than 30 days prior to
voting day with due regard to local and other conditions and proceeding from
the need to provide maximum convenience for voters.
3. Formation of electoral precincts shall meet the
following requirements:
the number of voters registered in the territory
of each electoral precinct shall not exceed 3,000;
the boundaries of electoral precincts shall not
cross the boundaries of electoral districts.
4. In places of temporary stay of voters (in
hospitals, sanatoria, rest homes and other places of temporary stay), in
hard-to-reach or remote regions, on ships which are at sea on voting day and at
polar stations electoral precincts may be formed within the period indicated in
Clause 2 of this Article, and, in exceptional cases, not later than five days
prior to voting day. Such electoral precincts shall be included in
single-mandate electoral districts on the basis of their location or at the
place of the ship’s registration.
5. Servicemen shall vote in common electoral
precincts. By way of exception, electoral precincts may be formed in the
territory of military units stationed in isolated localities far from populated
centers. In such case, electoral precincts shall be formed by commanders of
military units on the basis of a decision of the appropriate district election
commission within the period indicated in Clause 2 of this Article and 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
election commissions, registered candidates and their agents, agents and authorized
representatives of electoral associations, electoral blocs, observers, in a
procedure established by this Federal Law.
6. To conduct voting and count the votes of voters
who, on voting day, stay in the territory of a foreign state, the heads of diplomatic
and consular missions of the Russian Federation shall form electoral precincts
in the territory of the country of their stay not later than 30 days prior to
voting day. In this case, the requirements to the number of registered voters
set forth in Clause 3 of this Article may be waived.
7. Lists of electoral precincts indicating their
numbers and boundaries (if an electoral precinct includes a part of the
territory of a populated center) or the list of populated centers (if an
electoral precinct is formed in the territory of several populated centers),
location of the premises of the precinct election commissions and the voting
premises, telephone numbers of precinct election commissions shall be published
by the head of a municipal unit (and, if the charter of the municipal unit does
not provide for an office of municipal unit head, by an official authorized to
do so by the representative body of local self-government) not later than 25
days prior to voting day. Information concerning electoral precincts formed
after the deadline indicated in Clause 2 of this Article shall be published
within three days upon their formation.
8. The matters relating to the publication of the
data specified in Clause 7 of this Article concerning electoral precincts
formed outside the territory of the Russian Federation shall be decided by the
heads of the corresponding diplomatic or consular missions of the Russian
Federation, with due regard to the local conditions.
1. Voter lists shall be compiled by appropriate
election commissions separately for each electoral precinct in accordance with
the form established by the Central Election Commission of the Russian
Federation.
2. A territorial election commission shall compile
voter lists not later than 26 days prior to voting day on the basis of voter
data furnished by the head of a municipal unit (if the charter of a municipal
unit does not provide for this office by a person authorized to do so by the
representative body of local self-government), the commanding officer of a
military unit, the head of an institution where voters are temporarily staying.
3. The voter list of an electoral precinct formed
in a hard-to-reach or remote area shall be compiled by a precinct election
commission not later than 25 days prior to voting day and, in exceptional
cases, not later than two days after formation of the precinct election
commission, on the basis of voter data furnished by the head of a municipal
unit (if the charter of a municipal unit does not provide for this office, by a
person authorized to do so by the representative body of local
self-government).
4. In an electoral precinct located in the
territory of a military unit a list of voters - servicemen who live within the
compound of the military unit, members of their families and other voters
residing within the territory of the military unit shall be compiled by a
precinct election commission on the basis of voter data to be furnished by the
commander of the military unit not later than 25 days prior to voting day
5. The voter list for an electoral precinct formed
in places of temporary stay of voters (in hospitals, sanatoria, rest homes and
in other places of temporary stay), on a ship at sea on voting day or at a
polar station shall be compiled by the corresponding precinct election
commission not later than the day preceding voting day on the basis of voter
data furnished by the head of an institution where voters stay temporarily, the
captain of the ship or the heads of polar stations.
6. The voter list for an electoral precinct formed
outside the territory of the Russian Federation shall be compiled by the
corresponding precinct election commission, not later than 25 days prior to voting
day, on the basis of voter data furnished either by the head of an appropriate
diplomatic or consular mission of the Russian Federation or by the commander of
the military unit stationed outside the territory of the Russian Federation.
7. Voter data shall be collected and corrected by
officials indicated in Clauses 2 to 6 of this Article in the procedure
established by the Statute on State System for Registration (Recording) of
Voters to be approved by the Central Commission of the Russian Federation and
shall be submitted to territorial election commissions not later than 60 days
prior to voting day, and to an appropriate precinct election commissions
immediately upon their establishment if the voter list has been compiled by a
precinct election commission.
8. The voter list shall be made up in duplicate.
Voter data included on the voter list shall be arranged in an alphabetical or
some other order (by villages and towns, streets, houses, flats). The list
shall indicate the first, middle and last name of voters, the year of birth
(for the age of 18 years - also the date and month of birth), the address of
the place where the voter resides permanently or currently.
9. In the compilation of voter lists use may be
made of the state automated information system. Voter lists may be compiled in
a typed form and, in exceptional cases, in a hand-written form.
10. The first copy of the voter list compiled in
accordance with the requirements of Clause 2 of this Article shall be handed
over to an appropriate precinct election commission on the basis of a transfer
act not later than 25 days prior to voting day. The second copy of the voter
list shall be kept by a territorial election commission and shall be used as
prescribed by the Central Election Commission of the Russian Federation. The
voter list shall be signed by the chairman and the secretary of a territorial
election commission and certified by the seals of this territorial commission.
11. In the electoral precincts formed in
accordance with Clauses 4 to 6 Article 14 of this Federal Law the voter list
shall be signed by the chairman and the secretary of a precinct election
commission and shall be certified by the seal of this precinct election
commission.
12. Having received the voter list a precinct
election commission shall check and update the list on the basis of personal
applications from citizens in accordance with Clause 17 of this Federal Law,
appropriate documents of the bodies of local self-government, officials,
registries, bodies in charge of registration of Russian Federation citizens at
the place where the citizens stay and reside within the Russian Federation. The
checked and updated voter list shall be signed by the chairman and the
secretary of a precinct election commission and certified by the commission’s
seal not later than the day preceding voting day.
13. The persons furnishing voter data shall be
responsible for the accuracy and completeness of the data and its timely
submission.
1. All citizens of the Russian Federation who are
eligible to vote in accordance with Article 4 of this Federal Law shall be
included on voter lists.
2. The grounds for including a citizen on the voter
list in a certain electoral precinct shall be 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 citizens of the Russian
Federation at the place of their stay or residence within the Russian
Federation in accordance with the federal law regulating the procedure for
realization 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 voter 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 on the
voter list if the fact of their permanent or current residence in the territory
of the military unit is established by an appropriate service of the military
unit or bodies in charge of the registration of citizens of the Russian
Federation at the place of their stay or residence within the Russian
Federation or on the basis of the order of the commander of a military unit
whereby conscripts 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 on voter lists if the fact of their permanent
or current residence outside the territory of the Russian Federation or prolonged
business trips abroad is established by diplomatic or consular missions of the
Russian Federation.
5. Voters staying on voting day in hospitals,
sanatoria, rest homes, other places of temporary stay shall be included on the
voter list on the basis of a passport, an equivalent identity paper and an
absentee certificate for voting in the election of deputies of the State Duma.
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 on the voter 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. Citizens of the Russian Federation who are
eligible to vote and are staying in foreign states at private invitations, on
official business and as tourists shall be put on the voter list when they come
to the premises of a precinct or district election commission, upon production
of a passport or an equivalent identity paper and an absentee certificate for
voting in the election of deputies of the State Duma.
8. Voters who settled down in the territory of an
electoral precinct after the voter list had been made available to voters for
inspection, as well as voters who were not included on the voter list for any
other reason shall be additionally put on the voter list by a precinct election
commission on the basis of a passport or an equivalent identity paper and, if
necessary, document confirming their permanent or predominant residence in the
territory of the given electoral precinct.
9. A voter may be included on a voter list only in
one electoral precinct.
10. After the voter list has been signed by the
chairman and the secretary of a territorial election commission a citizen may
be removed from the voter list only on the basis of official documents or when
an absentee certificate for voting in the election of the State Duma is issued
to a voter in a procedure set forth in this Law. In this case, the date when
the citizen was removed from the voter list and the reasons therefor shall be
noted on the list. This note shall be certified by a signature of the chairman
of the precinct election commission and, when an absentee certificate for
voting in the election of the deputies of the State Duma is issued, by the
signature of the member of the election commission who issued the certificate.
11. No changes shall be made in voter lists after
the end of voting and the beginning of vote counting.
1. Voter lists shall be made available by precinct
election commissions to general public for examination and additional
correction not later than 20 days prior to voting day.
2. A citizen of the Russian Federation eligible to
vote has the right to state to a precinct election commission that he/she has not
been put on the voter list and inform the commission about any error or
inaccuracy therein. Within 24 hours, and, 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 on the voter list may be appealed in a
higher election commission or in a court (at the place 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 correction in the voter list.
1. The election of deputies of the State Duma
shall be prepared and conducted by:
the Central Election Commission of the Russian
Federation;
the election commissions of Subjects of the
Russian Federation;
district election commissions;
territorial (rayon, city and other) election
commissions
precinct election commissions.
2. In the election of deputies of the State Duma
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 election commission for
the election of deputies of the State Duma taken within the scope of its
competence shall be binding on the lower election commissions.
4. Acting within the scope of their competence
election commissions for the election of deputies of the State Duma shall
consider complaints which they receive in the course of an election campaign
concerning violations of this Federal Law, other federal laws as regards
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 may
apply to law enforcement bodies and request them to carry out the necessary
investigation and stop violations of this Federal Law, other federal laws as
regards preparation and conduct of 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
deputies of the State Duma shall keep voters informed about the time and the
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 deputies of the State Duma which conflicts with federal laws or
which has been taken in excess of the commission’s powers shall be revoked by a
higher election commission for the election of deputies of the State Duma or a
court of law. In this case, the higher 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 election of deputies of the
State Duma 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 deputies of the State Duma and other electoral documentation;
supply transport, communication facilities, technical equipment, information
and materials; respond to the requests of election commissions within five days
or, during five days prior to and on voting day, immediately. Organizations of
all forms of ownership which have a state share in their charter capital
exceeding 30 per cent thereof as of the day of official publication of a
decision to call the election and bodies of local self-government shall assist
election commissions for the election of deputies of the State Duma 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 within
five days or, during five days prior to and on voting day, immediately. TV
and/or radio broadcasting organizations, editorial offices of periodicals
indicated in Clause 1 Article 55 of this Federal Law shall allow election
commissions for the election of deputies of the State Duma to publish
information and grant them free air time to keep voters informed, in accordance
with a procedure established by this Federal Law, other federal laws. In this
case, expenses of the TV and/or radio broadcasting organizations shall be
covered from their current funding.
8. Organizations (including TV and/or radio
broadcasting organizations), editorial offices of periodicals, public
associations which are not mentioned in Clause 7 of this Article as well as
their officials shall provide the necessary information and materials to
election commissions for the election of deputies of the State Duma, respond to
requests of election commissions within five days or, during five days prior to
and on the election day, immediately.
The Central Election Commission of the Russian
Federation, election commissions of 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".
1. A district election commission shall be formed
in each single-mandate electoral district.
2. A district election commission shall be formed
not earlier than five days after the day of official publication of the scheme
of single-mandate electoral districts and not later than 90 days prior to
voting day and shall consist of 8 – 14 voting members.
3. One half of members of a district election
commission shall be appointed by the legislative (representative) body of state
power of a Subject of the Russian Federation, the other half by the executive
body of state power of the Subject of the Russian Federation . The appointment
of members of a district election commission shall be made on the basis of
proposals from electoral associations, electoral blocs, elective bodies of
local self-government, the corresponding district election commissions of the
former composition. Governmental and municipal employees shall not account for
more than one-third of the total number of members of an election commission.
4. Both the legislative (representative) and the
executive body of state power of a Subject of the Russian Federation shall
appoint not less than one-third of its appointees to the commission on the
basis of proposals made by each electoral association, electoral bloc which has
factions in the State Duma of the Federal Assembly of the Russian Federation
and on the basis of proposals from electoral associations, electoral blocs
which have factions in the legislative (representative) body of state power of
the given Subject of the Russian Federation and from other political public
associations if the electoral associations, electoral blocs do not propose the
required number of commission members. Not more than one representative shall
be appointed to the election commission from each electoral association,
electoral bloc, other political public associations.
5. If the powers of the State Duma, legislative
(representative) body of state power of a Subject of the Russian Federation are
terminated before expiration of their term, the right to make proposals
concerning membership of a district election commission shall be retained by
the electoral associations, electoral blocs which had deputy factions in the
State Duma, legislative (representative) body of state power of the Subject of
the Russian Federation of the last convocation.
6. If the legislative (representative) body and
the executive body of state power of a Subject of the Russian Federation have
not appointed all or some members of a district election commission within the
period stipulated by Clause 2 of this Article, the district election commission
shall be formed or some of its members shall be appointed by the Central
Election Commission of the Russian Federation in compliance with the
requirements established by this Federal Law.
7. If a Subject of the Russian Federation has only
one single-mandate electoral district, a district election commission need not
be formed, provided the Central Election Commission of the Russian Federation
takes an appropriate decision. In this case, the Central Election Commission of
the Russian Federation shall confer the powers of a district election
commission on the election commission of the given Subject of the Russian
Federation.
1. Territorial (raion, city and other) election
commissions consisting of 5 – 9 voting members shall be formed not earlier than
30 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 upon 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 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," the law of a Subject of the Russian Federation, the charter
of a municipal unit provides that a territorial election commission shall
operate on a permanent basis, the election commission of the Subject of the
Russian Federation with the concurrence of the Central Election Commission of
the Russian Federation may confer the powers of a territorial election
commission for the election of deputies to the State Duma on the said election
commission.
2. A precinct election commissions shall be formed
not later than three days after formation of the given electoral precinct 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 and shall consist of the following numbers of members depending
on the number of voters registered in the territory of the electoral precinct:
less than 1,000 voters – 3 to 7 voting members of
the commission;
from 1,001 to 2,000 voters – 5 to 11 voting
members of the commission;
over 2,000 voters – 5 to 15 voting members of the
commission.
3. If voting day in the election of deputies of
the State Duma coincides with voting day in the election of bodies of state
power of Subjects of the Russian Federation, bodies of local self-government,
the maximum number of voting members of a precinct election commission
indicated in Clauses 1 and 2 of this Article may be increased but by not more
than four members. Additional labor remuneration shall be paid to these members
of the election commission from the appropriate budget.
4. The representative body (representative bodies)
of local self-government shall appoint not less than one-third of members of a
territorial, precinct election commission on the basis of proposals from each
electoral association, electoral bloc which has a faction in the State Duma of
the Federal Assembly of the Russian Federation and also on the basis of
proposals from electoral associations, electoral blocs which have factions in
the legislative (representative) body of state power of the given Subject of
the Russian Federation and/or in the representative body (representative
bodies) body of local self-government, and from other political public
associations, if the electoral associations, electoral blocs do not propose the
required number of commission members. Not more than one representative shall
be appointed to the election commission from each electoral association, electoral
bloc, other political public associations.
5. If two or more representative bodies of local
self-government take part in the formation of an election commission, the
decision-making procedure in respect of the membership of the election
commission shall be established by the said representative bodies at their own
discretion.
6. If the powers of the State Duma, legislative
(representative) body of state power of a Subject of the Russian Federation,
representative body of local self-government are terminated before expiration
of their term, the right to make proposals concerning membership of a
territorial, precinct election commission shall be retained by the electoral
associations, electoral blocs which had deputy factions in the State Duma, legislative
(representative) body of state power of a Subject of the Russian Federation,
representative body of local self-government of the last convocation.
7. Government and municipal employees shall not
account for more than one-third of the total number of members of a
territorial, precinct election commission.
8. If the representative body (representative
bodies) of local self-government has not appointed all or part of members of a
territorial, precinct election commission within the period stipulated by
Clauses 1 and 2 of this Article or if there is no representative body of local
self-government in the given territory, a territorial election commission shall
be formed or part of its membership shall be appointed by the district election
commission, and a precinct election commission shall be formed or part of its
membership shall be appointed by the appropriate territorial commission in
compliance with the requirements established by this Federal Law.
9. In an electoral precinct formed at a polar station,
on a ship at sea or in the territory of a military unit stationed in an
isolated locality far from populated centers members of the precinct election
commissions shall be appointed on the basis of a decision of a meeting of
voters of the appropriate labor or military collective by the head of the polar
station, the ship’s captain, the commander of the military unit, within a
period established by Clause 2 of this Article and, in exceptional cases, not
later than five days prior to voting day.
10. In an electoral precinct formed outside the
territory of the Russian Federation members of the precinct election commission
shall be appointed within a period established by Clause 2 of this Article by
the head of the appropriate diplomatic or consular mission of the Russian
Federation or by the commander of the military unit stationed outside the
territory of the Russian Federation.
11. In Subjects of the Russian Federation where
the system of bodies of state power provides for the formation of territorial
bodies of state power of raions and other administrative-territorial units
territorial election commissions shall be formed by the government and by
executive bodies of state power in accordance with the procedure established in
this Article.
1. An electoral association, electoral bloc which
has a federal list of candidates registered by the Central Election Commission
of the Russian Federation shall be entitled to appoint one non-voting member to
the Central Election Commission of the Russian Federation, to each election
commission of a Subject of the Russian Federation, each district, territorial,
precinct election commission.
2. A candidate registered in a single mandate electoral
district shall be entitled to appoint one non-voting member to the district
election commission which registered this candidate and to each territorial and
precinct election commission in the single-mandate electoral district where
this candidate has been registered.
3. Each electoral association, electoral bloc
which nominated a candidate registered in a single-mandate electoral district
may appoint one non-voting member of the Central Election Commission of the
Russian Federation, election commission of a Subject of the Russian Federation.
4. Non-voting members shall be issued certificates
of the form established by the Central Election Commission of the Russian
Federation.
1. Deputies of legislative (representative) bodies
of state power, bodies of local self- government, elected officials of bodies
of state power and bodies of local self-government, judges, prosecutors,
candidates, registered candidates, their agents, authorized representatives and
agents of electoral associations, electoral blocs which nominated federal lists
of candidates, non-voting members of election commissions, spouses and their
close relatives (children, parents, adoptees, adopters, blood brothers, blood
sisters, grandchildren, grandfathers, grandmothers), close relatives of
candidates, registered candidates, persons who are directly subordinated to
candidates, registered candidates shall not be appointed voting members of
election commissions.
2. In this Federal Law "direct
subordination" shall mean official relationship between a superior and a
subordinate in which the former exercises administrative-managerial powers in
respect of the latter, i.e., the right to hire and dismiss the subordinate or,
within the scope of official authority, may issue mandatory orders, directives
and instructions to the subordinate, award benefits to and impose disciplinary
penalties on the subordinate.
3. A voting member of an election commission for
the election of deputies of the State Duma shall not concurrently serve as a
voting member on another election commission for the election of deputies of
the State Duma.
4. The term of powers of voting members of
election commissions shall expire simultaneously with the end of the term of
powers of these election commissions.
5. Within a month and, during the preparation and
conduct of the election, within three days, a voting member of an election
commission shall be relieved of duties as an election commission member before
expiration of his/her term of powers by a decision of the body which appointed
him/her:
(a) if the election commission member submits a
written request of resignation;
(b) in the event of the appearance of the grounds
provided by Clauses 1 and 3 of this Article.
6. The powers of a voting member of an election
commission shall be terminated immediately if
(a) the
election commission member loses Russian Federation citizenship;
(b) a court sentence passed on the election
commission member comes into legal force;
(c) the election commission member is pronounced
incompetent, partially incompetent, missing or dead by a court ruling which
came into legal force;
(d) the election commission member dies;
(e) a court of law acting on an application of an election
commission finds that a member of the election commission regularly fails in
the performance of his/her duties;
(f) the election commission is dissolved in a
procedure set forth by the Federal law "On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to participate in a
Referendum."
7. Acting in accordance with the requirements of
this Federal Law the body which appointed a voting member of the election
commission shall appoint a new voting member of the election commission to
replace the member who was removed for the aforementioned reasons not later
than one month, or, during the period of the preparation and conduct of the
election, not later than ten days after a vacancy was created. Should the body authorized
to do so fail to meet this requirement a higher election commission shall
appoint a new member of the election commission with due regard to the
requirements set forth by this Federal Law.
8. Chairmen, deputy chairmen and secretaries of
election commissions and members of election commissions who work in the
commission permanently shall be held liable for violation of this Federal Law
as provided by 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 occupy other government and
municipal offices, be on a civil or municipal service, engage in paid activity
with the exception of teaching, scientific work and other creative pursuits and
shall not carry on any business activities.
10. During the preparation and conduct of the
election a voting member of an election commission shall not be subject to
legal prosecution or court-imposed administrative punishments without the sanction
of an appropriate prosecutor.
11. Before expiration of his/her powers a voting
member of an election commission and during the preparation and conduct of the
election a non-voting member of an election commission shall not be transferred
to another job without his/her consent or fired on the administration’s
(employer’s) initiative.
12. A non-voting member of an election commission
shall have the same rights as voting members with regard to the issues relating
to the preparation and conduct of the election of deputies of the State Duma
save the right to issue absentee certificates for voting in the election of
deputies of the State Duma, hand out ballots, participate in sorting out and
counting the ballots, canceling ballots and absentee certificates for voting in
the election of deputies of the Sate Duma , draw up a protocol of voting
returns, election results, participate in the voting on matters which are
within the competence of the given election commission, and sign decisions of
the election commission. No remuneration shall be paid 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 any documents and materials (including
voter lists, ballots), including, documents and materials of the given
commission and the lower election commissions recorded on machine-readable
media and receive copies of these documents and materials (with the exception
of voter lists, signature lists, ballots, absentee certificates for voting in
the election of deputies of the State Duma). On his/her request the election
commission shall certify these copies (with the exception of copies on
machine-readable media). Examination of documents and materials which contain
information classified as a state or commercial secret or other classified
information protected by law shall be carried out in accordance with relevant
federal laws;
(e) appeal decisions and actions (inaction) of the
election commission in the appropriate higher commission and in a court of law.
14. If a registered candidate who appointed
non-voting members of an election commission has been elected or the federal
list of candidates of the electoral association, electoral bloc which nominated
non-voting members of an election commission gained the right to participate in
the distribution of deputy mandates, the powers of such commission members
shall continue until the end of registration of candidates (lists of
candidates) in the next election of deputies of the State Duma. The powers of
the other non-voting members of the election commissions shall terminate 30
days after the official publication of the general results of the election of
deputies of the State Duma for the given election campaign, and, if a higher
election commission has received complaints (statements) and protests about the
decisions and actions (inaction) of an election commission which resulted in
the violation of the voting and the vote-counting procedure and also if these
facts are being investigated by a court - after the higher election commission
or the court hands down a final decision on the substance of the complaint,
protest.
15. The powers of a non-voting member of an
election commission may be terminated at any time during his/her term of powers
and transferred to another person by a decision of the person or body that
appointed the given member.
1. During the preparation and conduct of the
election of deputies of the State Duma 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 deputies of the
State Duma;
(b) exercise control over the observance of
electoral rights of citizens f the Russian Federation during the preparation
and conduct of the election and ensure uniform application of this Federal Law;
(c) prepare a scheme of single-mandate electoral
districts and submit it to the State Duma for its consideration;
(d) when determining the scheme of formation of
single-mandate electoral districts deal with the question of inclusion of
voters residing outside the territory of the Russian Federation to the
appropriate single mandate electoral district;
(e) issue instructions and other normative acts on
the questions of application of this Federal Law;
(f) render legal, methodological, organizational
and technical assistance to election commissions;
(g) guide the activity of election commissions to
ensure uniform use of the state information system;
(h) register electoral blocs;
(i) certify federal lists of candidates and lists
of candidates nominated in single-mandate electoral districts by electoral
associations, electoral blocs;
(j) register federal lists of candidates and lists
of candidates nominated by electoral associations, electoral blocs;
(k) publish
registered federal lists of candidates;
(l) register
agents, authorized representatives for financial matters of electoral
associations, electoral blocs;
(m) issue credentials of an established form to
candidates, registered candidates, authorized representatives of electoral
associations, electoral blocs for financial matters;
(n) ensure observance of election campaigning
terms and conditions established by this Federal Law, other federal laws by all
candidates, registered candidates, electoral associations, electoral blocs;
(o) hear information of federal bodies of
executive power, bodies of executive power of subjects of the Russian
Federation and bodies of local self-government on the issues relating to the
preparation and conduct of the election;
(p) determine the form and degree of protection of
ballots, voter lists and other electoral documents and make arrangements for
their production;
(q) determine the form of the absentee certificate
for voting in the election of deputies of the State Duma and make arrangements
for the printing of absentee certificates;
(r) approve the Russian text of the ballot for
voting in the federal electoral district;
(s) approve samples of seals of election
commissions;
(t) approve the procedure for safekeeping of
electoral documents and their transfer to archives and agree this procedure
with the Federal Archive Service of the Russian Federation;
(u) distribute funds allocated from the federal
budget for financing the preparation and conduct of the election of deputies of
the State Duma, the activities of election commissions and exercise of their
powers, monitor proper use of the said funds as well as the funds received by
electoral funds of candidates, registered candidates, electoral associations,
electoral blocs;
(v) undertake measures to implement a unified
procedure for distribution of air time between registered candidates, electoral
associations, electoral blocs for election campaigning;
(w) work out the preparation of quantity standards
for technical equipment required for the operation of territorial and precinct
election commissions, approve these standards and monitor their enforcement;
(x) check provision to election commissions of
premises, transport, communication facilities and deal with other issues of
logistical support of the election;
(y) keep voters informed about the time and the
procedure for the performance of electoral actions, the progress of the
election campaign;
(z)
consider complains (statements) concerning decisions and actions (inaction)
of lower election commissions and their officials and adopt motivated decisions
thereon;
(aa)
determine the registered candidates on the federal lists nominated by
electoral associations, electoral blocs who have been elected deputies of the State
Duma in the federal electoral district and issue certificates of election to
them;
(bb)
establish general results of the election of deputies of the State Duma
for the whole of the Russian Federation and arrange for their official
publication;
(cc)
compile lists of persons elected deputies of the State Duma and hand
over these lists and the necessary documents to the State Duma;
(dd) call
and organize a repeat election of deputies of the State Duma to replace
outgoing deputies (by-election);
(ee)
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 a federal law expires
during the period of the preparation and conduct of the election of deputies of
the State Duma, the powers of the Central Election Commission of the Russian
Federation shall be extended until a report on the expenditure of federal
budget funds and information concerning the sums contributed to and spent from
electoral funds of candidate, registered candidates, electoral associations,
electoral blocs have been submitted to the chambers of the Federal Assembly of
the Russian Federation, but for not longer than the period established by this
Federal Law for the submission of the said financial report.
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) provide for 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
activities 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, electoral associations, electoral blocs;
(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 for the federal electoral district and single-mandate electoral
districts formed in the territory of the Subject of the Russian Federation and
make arrangements for the delivery thereof to district and territorial election
commissions;
(g) make arrangements for the delivery of absentee
certificates for voting in the election of deputies of the State Duma, other
electoral documents to lower election commissions;
(h) distribute funds allocated to it for the
preparation and conduct of the election in the Subject of the Russian
Federation, in particular, distribute a part of these funds between district
and territorial election commissions and exercise control over the proper use
of these funds and over contribution of money to and its expenditure from
electoral funds of candidates, registered candidates, electoral associations,
electoral blocs in the territory of the Subject of the Russian Federation;
(i) assign names to the territorial election
commissions, establish a uniform numeration of the electoral precincts in the
territory of the Subject of the Russian Federation;
(j) ensure compliance with the quotas of
technological equipment, the procedure for 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, determination of voting returns and 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;
(m) consider complaints (statements) concerning
decisions and actions (inaction) of other election commissions and their
officials in the given Subject of the Russian Federation and adopt motivated
decisions thereon;
(n) keep voters informed about the time and the
procedure for the performance of electoral actions, and the progress of the
election campaign;
(o) 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 deputies to the State Duma, the powers of the
election commission of the Subject of the Russian Federation shall be extended
until the Central Election Commission of the Russian Federation has submitted
to the chambers of the Federal Assembly of the Russian Federation a report on
the expenditure of federal budget funds and information concerning the sums
contributed to and spent from electoral funds of candidates, registered
candidates, electoral associations, electoral blocs, but for not longer than
the period established by this Federal Law for the submission of the said
financial report.
1. A district election commission shall:
(a) exercise control over compliance with this
Federal Law in the territory of the electoral district;
(b) coordinate the activities of territorial and precinct
election commissions, consider complaints (statements) concerning decisions and
actions (inaction) of these commissions and their officials and adopt motivated
decisions thereon;
(c) provide access to information about candidates
nominated in the given single-mandate electoral district, publish information
about registered candidates;
(d) register candidates for election to the State
Duma in the given electoral district and their agents, issue certificates of a
standard form to them;
(e) ensure that the election campaigning
conditions established by this Federal Law, other federal laws are observed by
all candidates, registered candidates, electoral associations, electoral blocs;
(f) hear reports of bodies of executive power of
various Subjects of the Russian Federation and bodies of local self-government
on questions relating to the preparation and conduct of the election;
(g) distribute funds allocated to it for the
preparation and conduct of the election and exercise control over the proper
use of these funds and over contribution of money to and its expenditure from
electoral funds of candidates, registered candidates;
(h) approve the text of the ballot for voting in a
single-mandate electoral district and, if the Central Election Commission of
the Russian Federation has taken an appropriate decision, arrange for the
printing of ballots for voting in a single-mandate electoral district;
(i) provide territorial election commissions with
ballots for voting in the federal electoral district and single-mandate
electoral district in cases provided for by this Federal Law;
(j) make arrangements for the delivery of absentee
certificates for voting in the election of deputies of the State Duma, other
electoral documents to lower election commissions in accordance with a
procedure established by the Central Election Commission of the Russian
Federation;
(k) monitor compliance with the unified procedure
for vote-counting, determination of voting returns and election results in the
territory of the electoral district;
(l) determine election results in a single mandate
electoral district and voting returns in the federal electoral district and
forward the information concerning the election results in the single-mandate
electoral district and the voting returns for the federal electoral district in
the given territory to the Central Election Commission of the Russian
Federation, publish summary data about the election results and the data
contained in the protocols of voting returns submitted by lower election
commissions in accordance with the procedure and within time limits established
by this Federal Law;
(m) issue a certificate of election to registered
candidate elected deputy of the State Duma in the given single-mandate
electoral district;
(n) exercise control over provision of territorial
and precinct election commissions with premises, transport and communication
facilities and implementation of decisions taken by election commission
regarding other issues of logistical support of the election;
(o) ensure compliance with the quotas of
technological equipment, the procedure for safekeeping of electoral documents
and their transfer to archives;
(p) keep voters informed about the time and the procedure
for the performance of electoral actions, the progress of the election
campaign;
(q) organize repeat elections and by-elections of
deputies of the State Duma;
(r) exercise other powers under this Federal Law.
2. The term of powers of a district election
commission in the election of deputies of the State Duma shall expire on the
day of the first meeting held by a district election commission formed for
administration of the election of deputies of the State Duma of the next
convocation in accordance with this Federal Law.
1. A territorial election commission shall:
(a) exercise control over the preparation and
conduct of the election of deputies of the State Duma in the given territory,
inform the population about addresses and telephone numbers of precinct
election commissions;
(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;
(d) compile voter lists separately for each
precinct in the given territory with the exception of the cases provided in
Clauses 3 to 6 Article 15 of this Federal Law;
(e)
distribute funds allocated for the preparation and conduct of the
election and, among other things, distribute a part of the funds between precinct
election commissions, exercise control over their proper use;
(f)
together with a district election commission ensure the observance in
the given territory of legal conditions of election campaigning established by
this Federal Law, other federal laws by candidates for election to the State
Duma, registered candidates, electoral associations, electoral blocs;
(g) arrange
for the delivery of ballots and other documents to precinct election
commissions;
(h) issue absentee certificates for voting in the
election of deputies of the State Duma to voters;
(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, determination of
voting returns and election results in the appropriate territory;
(k)
establish the voting returns in the given territory, present these
returns to media representatives and furnish protocols of voting returns to the
district election commission;
(l) ensure
safekeeping and transfer of documents relating to the preparation and conduct
of the election in accordance with a procedure 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) keep
voters informed about the time and the procedure for the performance of
electoral actions, the progress of the election campaign;
(o) exercise other powers under this Federal Law.
2. The term of powers of a territorial election
commission in the election of deputies of the State Duma shall expire 15 days
after the day of official publication of the general election results if no
complaints (statements) and protests have been received by a higher 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 have been contested or challenged, the powers of a territorial
election commission shall expire after a final decision has been handed down on
the substance of the complaint (statement), protest by a higher commission or a
court.
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, as
well as the day and place of voting;
(b) correct the voter list for the given electoral
precinct and, in cases provided by Clauses 3 to 6 Article 14 of this Federal
Law, compile and correct a voter list, familiarize voters with the voter list,
consider complaints about errors and inaccuracies in the voter 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 election commission;
(e) exercise control over compliance with the
rules for election campaigning in the territory of the electoral precinct;
(f) issue absentee certificates for voting
in the election of deputies of the State Dume to voters;
(g)
organize voting on the voting premises on voting day as well as early
voting;
(h) count votes, determine voting returns for the given
electoral precinct and transfer protocols of voting returns to the territorial
election commission;
(i) within
the scope of its powers consider complaints (statements) regarding violations
of this Federal Law and take motivated decisions thereon;
(j) ensure
safekeeping and transfer of documents relating to the preparation and conduct
of the election in accordance with the procedure 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 ten days after the official publication of the election general
results if no complaints (statements) and protests have been received by a
higher 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. The powers of a precinct election commission shall end after a final
decision has been passed on the substance of the complaint (statement), protest
by a higher commission or by a court if the voting returns are contested or
appealed.
1. Members and representatives of higher election
commissions, a candidate registered by the given or a higher election
commission or his/her agent, an authorized representative or agent of an
electoral association, electoral bloc which has registered a federal list of candidates
or a candidate on the said list may attend all meetings of any election
commission and be present when votes are being counted and an appropriate
precinct, territorial election commission is working with voter lists, ballots,
absentee certificates for voting in the election of deputies of the State Duma,
protocols of voting returns and election results. The aforementioned persons
shall not need any additional permission from the election commission to attend
the meetings and be present when the election commission is working with the
said electoral documents. The appropriate election commission shall provide
free access for the aforementioned persons to meetings and to premises where it
is counting votes and working with the said electoral documents. Media
representatives may also be present at the commission’s meetings, at vote
counting and when the appropriate election commission is working with the said
electoral documents.
2. The appropriate election commission shall
inform the election commission of the next higher level, each candidate
registered in the given single-mandate electoral district or his/her agent, the
authorized representative or the agent of each electoral association, electoral
bloc which has registered federal lists of candidates about the time when the
commission is to hold its meetings or work with the said documents.
3. Representatives of interested parties may be
present at meetings of the election commissions during consideration of
complaints (statements).
4. Election commissions shall inform voters about
the results of registration of candidates, lists of candidates, biographies of
registered candidates and other data of these candidates which were received by
the election commission in accordance with this Federal law, voting returns for
each registered candidate, federal list of candidates.
5. On voting day, including the day of early
voting, from the time a precinct election commission begins its work and until
receipt of a message that a higher election commission has adopted a protocol
(protocols) of voting returns and also when votes are being recounted, the
persons indicated in Clause 1 of this Article as well as observers, including
foreign (international) observers may be present on the voting premises.
6. Observers, media representatives, foreign
(international) observers may be present in other election commissions when
these commissions are engaged in determining the voting returns, election
results, drawing up protocols of voting returns, election results and when
votes are being recounted.
7. Access to the premises of a precinct election
commission of an election precinct formed in the territory of a military unit,
in a closed administrative-territorial unit, hospital, sanatorium, holiday
hotel, investigation and preliminary confinement wards and to the voting
premises of the given election precinct shall be provided to all members of the
election commission, persons indicated in Clause 1 of this Article, observers.
8. Each candidate registered in a single-mandate
electoral district, each electoral association, electoral bloc which registered
a federal list of candidates, each public association shall be entitled to
appoint several observers to appropriate precinct election commissions, who on
voting day, including the day of early voting, may monitor the proceedings on
the voting premises in rotation during the time indicated in Clause 4 of this
Article.
9. The powers of an observer shall be certified by
written credentials issued by a candidate registered in a single-mandate
electoral district, or his/her agent, electoral association, electoral bloc,
public association whose interests are represented by the given observer. The
credentials shall indicate the first, middle and last name of the observer,
full address of his/her place of residence and the number of the electoral
precinct, the name of the election commission (district, territorial, precinct)
where the observer is sent. These credentials shall be valid if produced
together with a passport or an equivalent identity paper. No advance
notifications about sending of an observer shall be required.
10. The credentials indicated in Clause 9 of this
Article may be produced to an election commission (precinct election commission
or any other commission) at any time from the first meeting of the appropriate
election commission until the work on the protocol of voting returns, election
results, including the results of vote recounting is finished.
11. Observers shall be entitled to:
(a) inspect
voter lists;
(b) be present on the voting premises of the given
electoral precinct on voting day at any time during the period indicated in
Clause 5 of this Article;
(c) watch ballots being issued to voters;
(d) be present when voters vote outside the voting
premises;
(e) watch
the counting of the number of voters on the voter lists, number of ballots
issued to voters, canceled ballots; watch votes being counted on the voting
premises from a distance and under conditions which allow them to observe the
contents of ballots; inspect any marked and unmarked ballot when votes are
counted; watch the election commission drawing up a protocol of voting returns
and other documents during the period indicated in Clause 5 of this Article;
(f) make proposals and remarks concerning
organization of voting to the chairman of a precinct election commission or, in
his/her absence, to a person acting for him/her;
(g) inspect the protocols of voting returns drawn
up by the given precinct election commission and protocols of voting returns,
election results drawn up by other election commissions to which he/she is
sent, make or receive from appropriate election commissions copies of the said
protocols and documents attached thereto as well as other documents which have
been received by these commissions or drawn up by them in the period indicated
in Clause 5 of this Article, including the list of persons present at the
voting. Upon the observer’s request the election commission shall certify the
said copies or issue certified copies of the said documents to him/her.
(h) appeal decisions and actions (inaction) of the
precinct election commission, other election commissions in the next higher
election commission, the election commission of a Subject of the Russian
Federation, the Central Election Commission of the Russian Federation or in a
court;
(i) be
present when appropriate 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 when asked to do so by
them;
(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 appropriate election commission.
13. Media representatives shall be entitled to
examine decisions and protocols of the voting returns or election results drawn
up by all election commissions, make, or receive from the appropriate 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. In this case, the aforementioned persons shall mark the
certified document with the words "this is a true copy", sign the
copy, affix the seal of the given election commission and indicate the date of
certification.
15. Non-voting members of election commissions and
observers present at the voting and at vote counting on the premises of
precinct election commissions may wear conspicuous badges or cards which must
contain no signs of election campaigning and show their status and whom they
represent.
1. Foreign (international) observers shall receive
a permission for entry into the Russian Federation in accordance with the
procedure established by a federal law and, if they have an appropriate
invitation, shall be accredited by the Central Election Commission of the
Russian Federation.
2. Invitations may be extended by the President of
the Russian Federation, the Federation Council and the State Duma of the
Federal Assembly of the Russian Federation, the Government of the Russian
Federation, the Human Rights Commissioner of the Russian Federation, the
Central Election Commission of the Russian Federation after official
publication of a decision to call the election. Proposals to send invitations
may be made by international and national government and non-government
organizations and private persons that enjoy high prestige in the field of the
protection of human and civil rights and freedoms. The State Duma of the
Federal Assembly of the Russian Federation shall extend invitations in
accordance with the proposals of each electoral association, electoral bloc
which has factions in the State Duma.
3. The Central Election Commission of the Russian
Federation shall issue a foreign (international) observer with an identity card
of a standard form on the basis of the documents to be presented by him/her to
confirm that he/she has been invited by one of the bodies or persons listed in
Clause 2 of this Article. This identity card shall allow the foreign
(international) observer to carry on his/her activity during the preparation
and conduct of the election.
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 end on the day
of official publication of the general election results.
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 Subjects of the Russian Federation
shall render him/her the necessary assistance.
8. After voting day foreign (international)
observers may express their opinion about electoral laws and the preparation
and conduct of the election, hold press conferences and apply to the mass
media.
9. Foreign (international) observers may meet with
candidates, registered candidates, authorized representatives of electoral
associations, electoral blocs, agents of registered candidates, 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.
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.
1. The activity of election commissions shall be
organized 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, however, not earlier than the expiry of the
term of powers of the election commission of the previous composition. By such
time not less than two-thirds of the established number of voting commission
member shall be appointed.
3. An election commission which does not act on a
permanent basis shall hold its first meeting not later than 3 days after its
formation. The election commission shall be competent to start its activity 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. As a rule, the
chairman of a district election commission shall hold a diploma or an academic
degree in law.
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 voting members of the commission.
6. Voting members of election commissions shall
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 issues related to the
financing of the preparation and conduct of the election, on the registration
of candidates (lists of candidates), on voting returns and election results, on
declaration of the election to have not taken place or to be null and void, on
the holding of repeat elections, on the annulment of decisions of lower
election commissions shall be taken by election commissions at their meetings
by the majority of the established total number of the voting members of the
commission.
9. Decisions of election commissions on other
issues shall be adopted by the majority of votes cast by the voting members of
the commission present at the meeting.
10. 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.
11. On the request of any member of an election
commission and any member of a higher 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 being considered by the commission at its
meeting in accordance with the approved agenda.
12. Minutes of proceedings shall be kept at all
meetings of an election commission; all documents coming to an election
commission shall be registered.
13. The minutes of proceedings and decisions of an
election commission shall be signed by the chairman and the secretary of the
election commission.
14. Members of an election commission who dissent
from the decision adopted 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 proceedings, attached to the said
minutes and made known by the chairman of the election commission to the higher
election commission within three days, or immediately, if the dissenting
opinion is expressed on voting day or the day following voting day.
15. Election commissions may hire part-time
personnel on the basis of labor and civil-law contracts for the performance of
work related to the preparation and conduct of the election within the limits
of the funds allocated to it from the federal budget.
16. During the period of the preparation and
conduct of the election every week the TV and/or radio broadcasting
organizations indicated in Clause 2 Article 55 of this Federal Law shall
provide free of charge not less than 15 minutes of air time on their channels
to the Central Election Commission of the Russian Federation and the TV and/or
radio broadcasting organizations indicated in Clause 3 Article 55 of this
Federal Law not less than 10 minutes of air time to the election commissions of
the Subjects of the Russian Federation and not less than 5 minutes of air time
to district election commissions to clarify electoral laws, inform voters about
the time and the procedure for the performance of the necessary electoral actions
and the progress of the election campaign, answer voters’ questions.
17. During the preparation and conduct of the
election the editorial offices of periodicals coming out at least once a week,
which are indicated in Clause 2 Article 55 of this Federal Law, shall provide
not less than one percent of their weekly space to the Central Election
Commission of the Russian Federation free of charge. During an election
campaign editorial offices of periodicals coming out at least once a week,
which are indicated in Clause 3 Article 55 of this Federal Law, shall provide
free of charge not less than one percent of their weekly space to the election
commissions of Subjects of the Russian Federation and not less than 0.5 percent
of their weekly space to district election commissions. Election commissions
shall use this space to clarify electoral laws, inform voters about the time
and the procedure for the performance of the necessary electoral actions, about
candidates, registered candidates, electoral associations, electoral blocs, the
progress of the election campaign and answer voters’ questions.
1. An electoral association is a national political
public association (a political party, other political organizations, a
political movement) formed and registered with the Ministry of Justice of the
Russian Federation in a procedure established by federal laws. A political
public association or modifications and amendments to be made in its statute to
impart to it the status of a political public association shall be registered
not later than a year prior to voting day. This period shall not apply to other
modifications and amendments made in the statute of a political public
association.
2. The list of political public associations which
meet the requirements of Clause 1 of this Article 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 or participant of another political public association acting
in the election of deputies of the State Duma 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 conduct of the
election of deputies of the State Duma.
1. Electoral blocs are groups of two and more
electoral associations which voluntarily unite for joint participation in the
election, meeting the requirements of Clause 32 of this Federal Law.
2. A decision to join an electoral bloc
(indicating the names of the electoral associations with which an electoral
bloc is to be formed) shall be adopted at the congress (conference) of each of
electoral associations after which the authorized representatives of these
electoral associations shall sign a joint decision to establish an electoral
bloc.
3. For registration of an electoral bloc its
authorized representative shall submit the following documents to the Central
Election Commission of the Russian Federation:
(a) notarized copies of the statutes of political
public associations which joined the electoral bloc;
(b) notarized copies of the certificates
evidencing registration of the political public associations which joined the
electoral bloc with the Ministry of Justice of the Russian Federation;
(c) minutes of proceedings of the congresses
(conferences) of electoral associations and their decisions to join the
electoral bloc;
(d) the joint decision to form an electoral bloc
signed by the authorized representatives and certified by the seals of such
electoral associations.
4. Electoral blocs shall be registered with the
Central Election Commission of the Russian Federation not later than five days
after submission of the appropriate documents. These documents may be submitted
simultaneously with but not later than the submission of a joint federal list
of candidates and/or a list of candidates nominated in single-mandate electoral
districts.
5. The reasons for the refusal of registration of
an electoral bloc may only be the absence or improper execution of the
documents indicated in Clause 4 of this Article, failure of one of or several
public associations which joined the electoral bloc to meet the requirements of
Article 32 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 a 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 or 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.
1. An electoral association, electoral bloc shall
submit information about the full and abbreviated name of the electoral
association, electoral bloc to the Central Election Commission of the Russian
Federation .
The name of an electoral association shall be the
name indicated in the registered statute of the corresponding political public
association.
2. The name of an electoral bloc shall be
determined at the congress (conference) of the representatives of electoral
associations which formed the given 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, 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 elections to the
State Duma 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 and the last name of a natural person may be used in the
name of an electoral bloc only with a written consent of the given natural
person.
3. When submitting lists of candidates for
certification an electoral association, electoral bloc may submit its emblem to
the Central Election Commission of the Russian Federation. An electoral
association may submit the emblem described among other symbols of the
corresponding political public association in its registered statute (hereafter
"registered emblem") or some other emblem with the exception of
registered emblems of other All-Russian public associations, emblems submitted
by other electoral associations, electoral blocs in this or previous election.
An electoral bloc may submit a registered emblem of any of electoral
associations comprised in the electoral bloc or some other emblem with the
exception of registered emblems of other electoral associations, emblems which
have been submitted by other electoral blocs in this or previous election
(unless the electoral bloc submitting an emblem is entitled to use the name of
such a bloc in accordance with the Clause 2 of this Article). The symbols of an
electoral association, electoral bloc shall not infringe upon intellectual
property rights of citizens, insult or denigrate state symbols (flags,
coats-of-arms, national anthems) of the Russian Federation, Subjects of the
Russian Federation, other states, their religious symbols and national
sentiments and shall not violate the generally recognized moral norms. An
electoral association, electoral bloc shall agree with the Central Election
Commission of the Russian Federation the abbreviated name (consisting of not
more than seven words) and the emblem to be used in electoral documents.
4. The names and emblems of electoral
associations, electoral blocs shall not be changed in the course of the
election campaign.
1. An electoral association, electoral bloc shall
appoint representatives authorized, under this Federal Law, to represent the
electoral association, electoral bloc on all issues related to participation of
the electoral association, electoral bloc in the election of deputies of the
State Duma, including financial issues.
2. Authorized representatives shall be appointed
by a decision of a congress (conference) of the electoral association or
representatives of electoral associations which joined the electoral bloc or by
a body authorized to do so by the congress (conference) of the electoral
association or representatives of electoral associations which joined the electoral
bloc.
3. An authorized representative of an electoral
association, electoral bloc shall act on the basis of a decision specified in
Clause 2 of this Article; 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, place of residence, main place of work or service, position
(occupation if there is no main place of work or service), and, for an
authorized representative for financial matters, the right of first or second
signature on financial documents and the sample of a seal for financial
documents.
4. The list of appointed authorized
representatives of an electoral association, electoral bloc shall be submitted
to the Central Election Commission of the Russian Federation. The list of
authorized representatives of an electoral association, electoral bloc (except
for authorized representatives for financial matters) shall also be submitted to
district election commissions. The lists of authorized representatives of an
electoral association, electoral bloc 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, 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 of an electoral
association, electoral bloc. The list submitted to the Central Election
Commission of the Russian Federation shall be accompanied by a written consent
of each of the listed persons to act in this capacity.
5. Subject to the decision of a body of an
electoral association, electoral bloc authorized to take such decisions the
electoral association, electoral bloc may at any time terminate the powers of
an authorized representative 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 and to district election commissions.
6. Authorized representatives of electoral
associations, electoral blocs which occupy 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 upon the loss of the status by all
candidates, registered candidates nominated on the appropriate list of
candidates of the electoral association, electoral bloc which appointed the
authorized representatives but not later than the day of official publication
of the general election results. The term of powers of authorized
representatives of an electoral association, electoral bloc for financial
matters shall expire 60 days after voting day and if the appropriate electoral
association, electoral bloc is involved in on-going court proceedings, after
the court hands down a final decision.
Electoral associations, electoral blocs shall take
part in the election of deputies of the State Duma on equal terms and conditions
in accordance with a procedure established by this Federal Law.
1. The right to nominate a candidate in a
single-mandate electoral district shall be enjoyed by a citizen (citizens) of
the Russian Federation who are eligible to vote in the territory of the given
electoral district.
2. The right to nominate himself/herself as a
candidate in a single-mandate electoral district shall be enjoyed by all
citizens of the Russian Federation who are eligible to vote and are 21 years of
age on voting day.
3. Nomination of candidates in single-mandate
electoral districts may be carried out after official publication of the scheme
of single-mandate electoral districts approved by a federal law, but not
earlier than the day of official publication of a decision to call the
election.
4. In the event of dissolution of the State Duma
nomination of candidates in single-mandate electoral districts may be carried
out after official publication of the Decree of the President of the Russian
Federation calling the early election of deputies of the State Duma of the new
convocation or publication of the decision of the Central Election Commission
of the Russian Federation adopted in pursuance of Clause 5 Article 5 of this
Federal Law.
5. If the scheme of electoral districts has not
been approved within the period established by Clause 7 Article 12 of this
Federal Law, nomination of candidates in single-mandate electoral districts may
begin 90 days prior to voting day.
6. Nomination of candidates in single-mandate
electoral districts in repeat elections and by-elections may be carried out
after official publication of a decision to call these elections.
7. Persons initiating nomination of a candidate in
a single-mandate electoral district shall notify in writing the appropriate
district election commission of their initiative. The notification 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) and address of the place of residence (the name
of a Subject of the Russian Federation, raion, town, city or village, street,
number of the building and apartment) of the candidate and the first, middle
and last name, date of birth, the series and number of the passport or an
equivalent identity paper of each of the persons initiating the nomination of
the candidate.
8. Simultaneously with the notification about the
initiative indicated in Clause 7 of this Article the initiators of nomination
of a candidate shall send to the appropriate district election commission the
statement of the candidate expressing his/her consent to run for election in
the given single-mandate electoral district and readiness, if elected, to
discontinue activities incompatible with the status of a deputy. The statement
shall indicate the biographical data of the candidate (the first, middle and
last name, date of birth, address of the place of residence, education, main
place of work or service, position (occupation if there is no main place of
work or service). If 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. The statement
shall indicate citizenship of the candidate and, if the candidate has Russian
Federation and foreign citizenship, also the foreign citizenship (the name of
the corresponding foreign state, the date when the citizenship was received and
the reasons therefor).
9. A candidate nominated by voters may give a
consent to run only in one single-mandate electoral district.
10. In the statement indicated in Clause 8 of this
Article a candidate nominated by voters may also mention his/her membership in
not more than one public association registered not later than a year prior to
voting day in accordance with the procedure established by law as well his/her
status in this public association provided that the candidate submits a
document confirming this information and that this document is certified by a
permanent governing body of the given public association. In this case, the
candidate shall agree the abbreviated name of the given public association
consisting of not more that seven words with a district election commission.
11. If a district election commission has not been
formed when a candidate is nominated, the notification about the initiative
indicated in Clause 7 of this Article, the candidate’s statement expressing the
consent to run for election and the other documents indicated in Clause 8 of
this Article shall be submitted to the election commission of a Subject of the
Russian Federation. The election commission of the Subject of the Russian
Federation shall forward these documents to a district election commission
after its formation and election of its chairman.
12. An election commission shall issue the initiators
of the candidate’s nomination a document confirming receipt of the documents
submitted in accordance with this Article, immediately after these documents
have been submitted.
1. A decision to nominate of candidates in
single-mandate electoral districts shall be taken by an electoral association
at its congress (conference) by secret ballot.
2. An electoral association, electoral bloc shall
be entitled to nominate not more than one candidate in one single-mandate
electoral district.
3. If this is not prohibited by the statute of the
appropriate political public association, a decision to nominate candidates in
single-mandate electoral districts in repeat elections and by-elections may be
taken by a permanent governing body of an electoral association after official
publication of a decision to call these elections.
4. When candidates in single-mandate electoral
districts are nominated by an electoral bloc each electoral association
comprised in the electoral bloc shall nominate candidates by secret ballot at
its congress (conference). The congress (conference) of an electoral
association shall also approve representatives authorized to take a decision to
nominate a list of candidates for single-mandate electoral districts at a
congress (conference) of representatives of the electoral associations which
joined the electoral bloc. The decision to nominate a list of candidates from
the electoral bloc shall be adopted at the said congress (conference) of
representatives of electoral associations.
5. Nomination of candidates in single-mandate
electoral districts may be carried out by an electoral association, electoral
bloc after official publication of the scheme of single-mandate electoral
districts approved by a federal law, but not earlier than the day of official
publication of a decision to call the election.
6. In the event of dissolution of the State Duma
nomination of candidates in single-mandate electoral districts may be carried
out by an electoral association, electoral bloc after official publication of
the Decree of the President of the Russian Federation calling an early election
of deputies of the State Duma of the new convocation or after publication the
decision of the Central Election Commission of the Russian Federation adopted
in pursuance of Clause 5 Article 5 of this Federal Law.
7. If the scheme of electoral districts has not
been approved within the period established by Clause 6 Article 12 of this
Federal Law, nomination of candidates in single-mandate electoral districts may
be carried out by an electoral association, electoral bloc 90 days prior to
voting day.
8. The decision of the congress (conference) of an
electoral association, electoral bloc to nominate candidates shall be recorded
in a protocol (or some other document) indicating:
(a) the number of registered participants in the
congress (conference);
(b) the number of participants which is required
for adoption of the decision under the statute of the electoral association,
agreement for the formation of the electoral bloc;
(c) the decision to nominate candidates and the
results of the vote taken on this decision (the list of candidates nominated in
single-mandate electoral districts shall be appended to the protocol);
(d) the date of the decision.
9. The decision to nominate candidates shall
contain the name and the number of the electoral districts in which each
candidate will run for election. The list of candidates nominated by an
electoral association shall be signed by the head of the electoral association
and certified by its seal. When a list of candidates is to be nominated by an
electoral bloc the decision to nominate candidates from an electoral
association comprised in this electoral bloc shall be signed by the head of the
given electoral association and certified by its seal. The list of candidates
nominated by an electoral bloc shall be signed by the authorized representatives
of the electoral bloc and certified by the seals of the electoral associations
comprised in the electoral bloc
10. Subject to a decision of duly authorized
bodies of an electoral association, electoral bloc, not later than 65 days prior
to voting day, the electoral association, electoral bloc shall be entitled,
with the consent of the candidate, registered candidate, to change the
single-mandate district where this candidate, registered candidate was
originally nominated by submitting a written application to this effect to the
Central Election Commission of the Russian Federation and to the appropriate
district election commission. Subject to a decision of duly authorized bodies
of an electoral association, electoral bloc, not later than 65 days prior to
voting day, an electoral association, electoral bloc also may, with the consent
of a candidate, registered candidate included on a federal list of candidates,
nominate him/her to run for election in any single-mandate electoral district
by serving a written notice to this effect on the Central Election Commission
of the Russian Federation and the corresponding district election commission,
or, if this commission has not been formed, the election commission of the
Subject of the Russian Federation. Decisions on these matters shall be taken by
a body of the electoral association, electoral bloc authorized to take such
decisions.
11. Electoral associations, electoral blocs shall
be entitled to nominate candidates from persons who are not members of the
given electoral association, political public associations forming the given
electoral bloc.
1. A decision to nominate a federal list of
candidates from an electoral association shall be taken by secret ballot at a
congress (conference) of the electoral association.
2. When a federal list of candidates is nominated
by an electoral bloc, each electoral association comprised in the electoral
bloc shall at its congress (conference) nominate candidates by secret ballot.
The congress (conference) of an electoral association shall also approve
representatives authorized to take a decision to nominate a federal list of
candidates from the electoral bloc at a congress (conference) of
representatives of electoral associations which have joined this electoral
bloc. A decision to nominate a federal list of candidates shall be taken at the
said congress (conference) of representatives of electoral associations.
3. Nomination of a federal list candidates may be
carried out by an electoral association, electoral bloc after official
publication of a decision to call the election.
4. In the event of dissolution of the State Duma
of the Federal Assembly of the Russian Federation nomination of a federal list
of candidates may be carried out by an electoral association, electoral bloc
after official publication of the Decree of the President of the Russian
Federation calling an early election of deputies of the State Duma of the new
convocation or publication of the decision of the Central Election Commission
of the Russian Federation adopted in pursuance of Clause 5 Article 5 of this
Federal Law.
5. The decision of a congress (conference) of an
electoral association, electoral bloc to nominate candidates shall be recorded
in a protocol (or some other document) indicating:
(a) the number of registered participants in the
congress (conference);
(b) the
number of participants which is required for adoption of the decision under the
statute of the electoral association, agreement for the formation of the
electoral bloc;
(c) the
decision to nominate candidates and the results of the vote taken on this
decision together with the federal list of candidates.
(d) the date of the decision.
6. An electoral association, electoral bloc shall
be entitled to include in the federal list of candidates persons who are not
members of the given electoral association, political public associations
comprised in the given electoral bloc.
7. The federal list of candidates from an
electoral association shall be certified by the signature of the head of the
electoral association and the seal of the electoral association. When a list of
candidates is nominated by an electoral bloc, the decision to nominate
candidates from the electoral association comprised in the given electoral bloc
shall be certified by the signature of the head of this association and the
seal of the electoral association. The decision to nominate a federal list of
candidates from the electoral bloc shall be certified by signatures of the
authorized representatives of the electoral bloc and the seals of the electoral
associations comprised in the electoral bloc.
8. The composition of a federal list of candidates
and the order in which candidates are arranged thereon shall be determined by
an electoral association, electoral bloc. When determining the order of
candidates on the list, the electoral association, electoral bloc shall split
the whole list or a part of it into regional groups of candidates corresponding
to Subjects of Russian Federation or groups of Subjects of the Russian
Federation (hereinafter "regional groups of candidates"). In this
case, the regional part of the list shall indicate to which Subject of the
Russian Federation or group of Subjects of the Russian Federation (listing the
Subjects of the Russian Federation) each of the regional groups corresponds as
well as the name of each regional group of candidates, consisting of not more
than five words. The federal part of the federal list of candidates which
contains candidates who are not included into regional groups may contain not
more than 18 candidates. A candidate may be mentioned in the federal list only
once.
9. The federal list may include candidates for
election to the State Duma nominated by the same electoral association,
electoral bloc in single-mandate electoral districts.
10. The total number of candidates nominated by an
electoral association, electoral bloc in the federal electoral district shall
not exceed 270 persons.
1. The federal list of candidates and the list of
candidates nominated by an electoral association, electoral bloc in
single-mandate electoral districts shall be submitted by an authorized
representative of the electoral association, electoral bloc to the Central
Election Commission of the Russian Federation. These lists shall indicate the
first, middle and last name of each candidate, his/her date of birth,
education, main place of work or service, position (occupation if there is no
main place of work or service) and the place of residence (name of a Subject of
the Russian Federation, raion, town, city or village) of each candidate and, on
the candidate’s request, his/her membership in a public association (not more
than one) registered not later than a year prior to voting day and his/her
status therein. The lists of candidates shall be submitted to the Central
Election Commission of the Russian Federation in a printed and a
machine-readable form according to a format established by the Central Election
Commission of the Russian Federation.
2. Along with the lists of candidates the
authorized representative of an electoral association shall submit the
following documents:
(a) notarized copies of a certificate of
registration of the political public association with the Ministry of Justice
of the Russian Federation;
(b) a notarized copy of the current statute of the
political public association;
(c) the minutes of proceedings and the decision of
the congress (conference) of the electoral association at which the candidates
were nominated;
(d) powers of attorney of the authorized
representatives of the electoral association executed according to the
procedure set forth by this Federal Law.
3. An authorized representative of an electoral
bloc shall submit to the Central Election Commission of the Russian Federation
the following documents:
(a) the minutes of proceedings of the congresses
(conferences) of electoral associations with decisions to nominate candidates;
(b) the minutes of proceedings of the congress
(conference) of representatives of the electoral associations which formed the
electoral bloc and the decision to nominate lists of candidates from the
electoral bloc;
(c) powers of attorney of authorized representatives
of the electoral bloc executed according to the procedure set forth by this
Federal Law.
4. Along with the documents mentioned in Clauses 1
–3 of this Article the authorized representative of an electoral association,
electoral bloc shall submit to the Central Election Commission of the Russian
Federation the statements of candidates expressing their consent to run for
election in the given federal electoral district and readiness, if elected, to
discontinue activities incompatible with the status of a deputy of the State
Duma. The statement shall indicate the biographical data (first middle and last
name, date of birth, home address, education, main place of work or service
(occupation if there is no main place of work or service), position and, on the
candidate’s request, his/her membership in a public association (not more than
one) registered not later than a year prior to voting day and his/her status
therein. If the 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. The statement
shall indicate citizenship of the candidate and, if the candidate has Russian
Federation and foreign citizenship, also the foreign citizenship (the name of
the corresponding foreign state, the date when the citizenship was received and
reasons therefor). Information about convictions that have not expired or have
not been cancelled and about foreign citizenship shall also be indicated in the
list of candidates to be submitted for certification to the Central Election
Commission of the Russian Federation.
5. A candidate nominated by an electoral
association, electoral bloc may be included only on one federal list of candidates
and may be nominated in only one single-mandate electoral district.
6. Within three days the Central Election
Commission of the Russian Federation shall consider the submitted documents and
issue a certified copy of the federal list of candidates and/or a certified
copy of the list of candidates nominated in single-mandate electoral districts
to the authorized representative of an electoral association, electoral bloc or
a motivated decision to refuse to issue such copies. If an electoral bloc simultaneously
submitted to the Central Election Commission of the Russian Federation the
documents for its registration as provided by Article 33 of this Federal Law
and the lists of candidates, the Central Election Commission of the Russian
Federation shall consider all submitted documents within five days.
7. The reasons for the refusal to issue certified
lists of candidates to an electoral association, electoral bloc may be the
absence, incompleteness or improper execution of documents indicated in Clauses
1 - 4 of this Article or other breaches of the procedure established by this
Federal Law for nomination of candidates.
8. An electoral association, electoral bloc may
appeal the refusal to accept documents and issue copies of the lists of
candidates in the Supreme Court of the Russian Federation, which shall consider
the appeal within 3 days.
9. After a federal list of candidates, a list of
candidates nominated in single-mandate electoral districts have been submitted
to the Central Election Commission of the Russian Federation no changes shall
be made in the composition of the lists and in the order of arrangement of the
candidates thereon save the changes due to withdrawal of candidates either on
the basis of their personal applications or in consequence of the candidates
being recalled by the electoral association, electoral bloc, the death of a
candidate or the circumstances indicated in Clause 10 Article 38 of this
Federal Law.
10. An electoral association, electoral bloc which
nominated candidates in single-mandate electoral districts shall furnish to the
appropriate district election commission a copy of the minutes of proceedings
of the congress (conference) with the decision to nominate candidates, a copy
of the list of candidates nominated in single-mandate electoral districts
certified by the Central Election Commission of the Russian Federation, and the
statement of the candidate expressing his/her consent to run in a
single-mandate electoral district and his/her readiness if elected to discontinue
activities incompatible with the status of a deputy as well as the data about
the candidate indicated in Clause 4 of this Article. If a district election
commission has not yet been formed, the said documents shall be submitted to
the election commission of a Subject of the Russian Federation.
11. The Central Election Commission of the Russian
Federation shall make the certified federal lists of candidates and changes
therein readily accessible (in the "read only" mode) to users of
public information-communication networks. District election commissions or the
election commissions of Subjects of the Russian Federation shall ensure access
to the information concerning the candidates nominated in single-mandate
electoral districts and to changes in this information.
1. All candidates shall have equal rights and bear
equal obligations with the exception of the cases provided in this Federal Law.
Candidates holding government and municipal offices shall not take advantage of
their official position or status.
2. In this Federal Law taking advantage of an
official position or status shall mean:
(a) involvement of persons who are subordinate to
or dependent on the candidate in the line of duty, other government and
municipal employees in the activity conducive to nomination and/or election
during the working hours;
(b) use of premises occupied by state bodies or
bodies of local self-government for carrying on the activity conducive to nomination
and/or election if other candidates or registered candidates cannot use the
same premises on the same terms and conditions;
(c) use of telephone, fax and other types of
communication, information services, office equipment of state organizations or
bodies of local self-government for conducting signature collection and
election campaigning;
(d) use of state- or municipality-owned transport
facilities free of charge or at reduced rates for carrying on the activity
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 signatures or conduct of 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) to the mass media indicated in Clause 1
Article 55 of this Federal Law for collecting signatures or election
campaigning.
3. Compliance with the aforementioned restrictions
must not interfere with the exercise by deputies, elected officials of their
powers and performance of their obligations to voters.
4. In the course of an election campaign no
charity activities shall be carried on by candidates, electoral associations,
electoral blocs which have nominated lists of candidates or separate
candidates, electoral associations comprised in electoral blocs which have
carried out such nomination, authorized representatives of electoral
associations, electoral blocs and the organizations whose founders, owners,
possessors are and/or whose governing bodies include the said persons and/or
organizations (representatives of the said organizations) as well as 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 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
candidates, electoral associations, electoral blocs, their authorized
representatives.
1. Collection of signatures in support of a
candidate directly nominated by voters shall start on the day on which the
voters give notice to the appropriate district election commission (election
commission of a Subject of the Russian Federation) in a procedure set forth by
Article 37 of this Federal Law.
2. Save the case when an electoral deposit has
been paid the number of signatures to be collected in support of nomination of
a candidate shall be equal to not less than one per cent of the total number of
voters registered in the territory of the given electoral district. In the
event of an early election, the number of signatures to be collected in support
of nomination of a candidate shall account for not less than 0.5 percent of the
total number of voters registered in the territory of the given electoral
district.
3. Signature lists shall be made up according to
the form shown in Annex 1 to this Federal Law. Each signature list 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 (the raion, town, city or
village) and the name of the electoral district in which he/she is nominated.
If a candidate has a conviction that has not expired or has not been cancelled,
the signature list 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 list shall indicate this fact along with the
name of the corresponding foreign state.
4. The signature list shall also indicate the
membership of the candidate in the public association, which the candidate
indicated in his/her statement of consent to run for election in accordance
with Clause 10 Article 37 or Clause 4 Article 40 of this Federal Law, and
his/her status in this public association.
5. Signatures may be collected only among voters
of the electoral district where the candidate consented to run for election.
1. Save the case when an electoral deposit has
been paid an electoral association, electoral bloc which has nominated
candidates in single-mandate electoral districts shall collect voter signatures
in support of nomination of a candidate among voters of the electoral district
in which the candidate consented to run for election, the number of such
signatures to be collected in support of each candidature being not less than
one percent of the total number of voters registered in the territory of the
given electoral district. In the event of an early election the number of
signatures to be collected in support of each candidature shall be not less
than 0.5 percent of the total number of voters registered in the territory of
the given electoral district.
2. Save the case when an electoral deposit has
been paid an electoral association, electoral bloc which has nominated a
federal list of candidates shall collect not less than 200 thousand voter
signatures in its support, with each Subject of the Russian Federation accounting
for not more than fourteen thousand of the required total number of signatures.
In the event of an early election the aforesaid number of signatures shall be
reduced by half.
3. An electoral association, electoral bloc shall
be entitled to start collection of signatures in support of a federal list of
candidates from the day on which a copy of the given list of candidates has
been certified by the Central Election Commission of the Russian Federation.
Signature collection shall not be allowed before a copy of the federal list of
candidates is certified. Collection of signatures in support of a candidate
nominated by an electoral association, electoral bloc in a single-mandate
electoral district shall begin from the day on which documents and information
indicated in Clause 10 Article 40 of this Federal Law are submitted to a
district election commission.
4. Signature lists shall be made up according to
the form shown in Annexes 2 and 3 to this Federal Law.
5. When signatures are collected in support of a
federal list of candidates, each signature list shall indicate the first,
middle and last name, date of birth, main place of work or service, position
(occupation if there is no main place of work or service) and the place of
residence (raion, town or city, village) of the first three candidates who are
at the top of the federal part of the federal list of candidates, as well as
three candidates who lead the regional group of candidates for a Subject of the
Russian Federation (a group of the Subjects of the Russian Federation) in which
signatures are collected. If any one of these candidate has a conviction that
has not expired or has not been cancelled, the signature list 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
apart from Russian Federation citizenship any one of the candidates has foreign
citizenship the signature list shall indicate this fact along with the name of
the corresponding foreign state. Each signature list shall indicate the name of
the Subject of the Russian Federation where signatures are collected. On a
voter’s request the person collecting signatures in support of a federal list
shall produce a copy of the federal list of candidates certified by the Central
Election Commission of the Russian Federation or an official publication
containing the list of candidates.
6. If signatures are collected in support of a
candidate nominated by an electoral association, electoral bloc in a
single-mandate electoral district, then, in addition to the data listed in
Clause 5 of this Article, the signature list shall indicate which electoral
association, electoral bloc nominated the candidate and, at the candidate’s
request, his/her membership in the corresponding public association indicated
in his/her statement of consent to run for election in accordance with Clause 4
Article 40 of this Federal Law, and the candidate’s status in this public
association.
1. Participation of the governing bodies of
enterprises of all forms of ownership, institutions and organizations in the
collection of signatures shall not be allowed. In the course of signature
collection it shall be prohibited to resort to any form of coercion in order to
force voters to put their signatures or to remunerate them for doing so and
collect signatures when and where wages and salaries are paid. Gross or
repeated violation of these bans may serve as a ground to invalidate the
collected signatures and/or deny registration of a candidate, cancel
registration of a registered candidate, deny registration or cancel
registration of a federal list of candidates.
2. Voter signatures may be collected by adult
citizens of the Russian Federation. A candidate, an electoral association,
electoral bloc may sign a contract with a signature collector for collection of
signatures. Remuneration for this work shall be paid only through the electoral
fund of a candidate, an electoral association, electoral bloc.
3. Voter signatures in support of candidates,
federal lists of candidates may be collected at the place of work, service,
study, residence and in other places where election campaigning and signature
collection are not prohibited by federal laws.
4. Voters may put their signature in support of
different candidates (federal lists of candidates), but only once in support of
the same candidate (federal list of candidates). A voter shall put his/her
signature and write the date on the signature list, indicating his/her first,
middle and last name, year of birth (if the voter is 18 years old, also the day
and month of birth), place of residence, series and number of the passport or
an equivalent identity paper and the date of its issuance. Data of voters who
put their signatures in support of a candidate, federal list of candidates may
be written on the signature list by a person who collects signatures in support
of a candidate, federal list of candidates. These data shall not be written
otherwise than by hand.
5. During collection of signatures in support of a
candidate, federal list of candidates the signature list may be completed both
on the face and on the back. The back shall be continuation of the face which
together with the back shall have a single consecutive numeration of
signatures. The certifying signatures shall be put on the back of the signature
list.
6. When voter signatures are collected in support
of nomination of a candidate in a single-mandate electoral district the
signature list shall be certified by the signature collector who shall, with
his/her own hand, write his/her data - the first, middle and last name, full
home address, series and number of the passport or an equivalent identity paper
and the date of its issuance, sign the signature list and write the date, and
by the candidate who shall put his/her signature and write the date with
his/her own hand against his/her first, middle and last name.
7. When voter signatures are collected in support
of a federal list of candidates the signature list shall be certified by the
signature collector who shall, with his/her own hand, write his/her data - the
first, middle and last name, full home address, series and number of the
passport or an equivalent identity paper and the date of its issuance, sign the
signature list and write the date, and by an authorized representative of the
electoral association, electoral bloc who shall put his/her signature and write
the date with his/her own hand against his/her first, middle and last name.
8. Each electoral association, electoral bloc, a
voter, voters that have nominated the same candidate and notified the
appropriate election commission of the nomination in writing shall collect the
required number of signatures in support of the nomination of the candidate.
Signatures collected by different initiators of the nomination of a candidate
in support of the same candidate shall not be summed up.
9. After collection of voter signatures in support
of a federal list of candidates has been completed authorized representatives
of an electoral association, electoral bloc shall count the number of collected
signatures separately for each Subject of the Russian Federation where
signatures were collected and the total number of signatures. The counting
results shall be entered in a protocol of the results of signature collection
which shall be signed by authorized representatives of the electoral
association, electoral bloc.
10. Initiators of the nomination of a candidate, a
candidate or authorized representatives of an electoral association, electoral
bloc shall count the number of signatures collected in support of the candidate
nominated in a single-mandate electoral district and shall draw up and sign a
protocol of the results of signature collection.
11. The number of voter signatures submitted to
election commissions in support of candidates, federal lists of candidates may
exceed the number of signatures required for registration established by this
Federal Law however by not more than 15 percent.
12. Signature lists to be submitted to the
appropriate election commissions shall be bound and numbered. The signature
lists in support of a federal list of candidates shall be bound in files for
each Subject of the Russian Federation where voter signatures were collected.
1. For registration of a candidate nominated in a single-mandate
electoral district the candidate or an authorized representative of the
electoral association, electoral bloc shall, not earlier than 85 days and not
later than 55 days prior to voting day, submit the following election-related
documents to the appropriate election commission to an appropriate election
commission before 18.00 hours local time:
(a)
signature lists with voter signatures collected in support of nomination
of the candidate;
(b) a protocol of signature collection results on a
paper medium, in duplicate, according to the 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 7 and 8 Article 37 and Clauses 1
and 4 Article 40 of this Federal Law;
(d) information concerning the amount and sources
of the candidate’s income;
(e) information concerning the property owned by
the candidate;
(f) the first financial report of the candidate.
2. To have a federal list of candidates registered
an authorized representative of an electoral association, electoral bloc shall
submit the following election-related documents to the Central Election
Commission of the Russian Federation not earlier than 85 days and not later
than 55 days prior to voting day, before 18.00 hours Moscow time:
(a) signature lists with voter signatures
collected in support of the federal list of candidates;
(b) a protocol of the results of signature
collection on a paper medium in duplicate and on a machine-readable medium
according to the format established by the Central Election Commission of the
Russian Federation;
(c) information about changes which were made in
the federal list of candidates after certification of its copy and changes in
the data of each candidate on the federal list of candidates submitted in
pursuance of Clauses 1 and 4 Article 37 of this Federal Law;
(d) information concerning the amount and sources
of income of each candidate;
(e) information concerning the property owned by
each candidate;
(f) the first financial report of the electoral
association, electoral bloc.
3. Information concerning the amount and sources
of income shall be submitted in the form of a copy of the tax return of a citizen
who is a candidate for the year preceding the election year (with a note of the
tax authorities). If, under Russian Federation laws on taxes and levies, a
citizen who is a candidate does not have to file a tax return, information
about the aggregate income of the candidate for the year preceding the election
year shall be issued by the organization where the candidate received this
income. Information concerning the property owned by the candidate shall be
submitted in a form established by Annex 4 to this Federal Law. The list of the
information concerning the income and property subject to publication shall be
established by the Central Election Commission of the Russian Federation.
4. When accepting election-related documents
election commissions shall certify each file containing signature lists by
their seal, make sure that the number of submitted signature lists 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 a written receipt certifying the
acceptance of the signature lists and indicating the number of accepted
signature lists, the stated number of signatures, the date and time of their acceptance.
An election commission shall not restrict admission to the premises of the
commission for a candidate, an authorized representative of an electoral
association, electoral bloc nor shall it refuse to accept election-related
documents required for registration from these persons if the documents were
delivered before expiration of the time indicated in Clauses 1 and 2 of this
Article.
5. At the option of a candidate, an electoral
association, electoral bloc the appropriate election commission shall register
the candidate, a federal list of candidates either on the basis of the
submitted voter signatures or on the basis of an electoral deposit – a sum of
money paid by the candidate into a special account of the election commission
of a Subject of the Russian Federation or by an electoral association,
electoral bloc into a special account of the Central Election Commission of the
Russian Federation, the said special accounts to be opened at branches of the
Savings Bank of the Russian Federation. Upon payment of an electoral deposit
the candidate, the electoral association, electoral bloc shall submit to the
appropriate election commission a copy of the payment order for remittance of
money from the electoral fund bearing the note of the Savings Bank of the
Russian Federation saying that the order has been accepted for execution, as
well as other documents unrelated to signature collection, which are required
for registration of a candidate, federal list of candidates under this Federal
Law in accordance with Clause 1 or 2 of this Article, respectively. The amount
of an electoral deposit and the procedure for its payment are established by
Article 64 of this Federal Law.
1. The Central Election Commission of the Russian
Federation shall check to make sure that nomination of a federal list of
candidates complies with the requirements of this Federal Law and shall verify
the authenticity of data contained in signature lists in support of a federal
list of candidates for each electoral association, electoral bloc which
submitted the documents required by this Federal Law. The Central Election
Commission of the Russian Federation may verify authenticity of the biographic
and other information submitted by candidates, electoral associations electoral
blocs in accordance with this Federal Law.
2. The appropriate district election commission
shall check to make sure that nomination of a candidate complies with the
requirements of this Federal Law and shall verify the authenticity of the data
contained in signature lists in support of each candidate who submitted the
documents required by this Federal Law. The district election commission may
verify authenticity of the biographic and other data submitted by the
candidate, the electoral association, electoral bloc in accordance with this
Federal Law.
3. An election commission may request appropriate
bodies to verify the authenticity of the information submitted in accordance
with this Federal Law, and these bodies shall inform the election commission
about the results of the verification within ten days or, ten days or less prior
to voting day, within the time established by the election commission.
4. An appropriate election commission by its
decision may form working groups from members of the election commission,
members of the commission’s staff, invited specialists to verify the
authenticity of signatures and corresponding data contained in the signature
lists. The verification may be carried out with the involvement of members of
lower election commissions, experts from among specialists of the
interior-affairs agencies, juridical bodies, military commissariats, and other
specialized institutions and organizations in charge of registration of the
population in the Russian Federation. On the basis of their conclusions the
data in signature lists may be pronounced to be unauthentic. In order to check
authenticity of the information contained in signature lists with voter
signatures, election commissions shall be entitled to use the state system of
registration (recording) of voters, referendum participants.
5. Verification shall cover not less than 20
percent of the number of voter signatures required for the registration of each
candidate (federal list of candidates) and the corresponding data of voters who
put their signatures. An equal number of signatures collected in support of the
nomination of each candidate, federal list of candidates shall be sampled for
initial verification. If the number of signatures required for registration
does not exceed 600 signatures, the verification shall cover all signatures.
Signature lists to be subjected to selective verification shall be chosen by
random sampling (by lot). The random sampling procedure shall be determined by
the appropriate election commission. In a district election commission
lot-drawing and verification of signature lists may be witnessed by candidates
nominated in the given electoral district or their authorized representatives,
authorized representatives of electoral associations, electoral blocs which
nominated candidates for the single-mandate electoral district, in the Central
Election Commission of the Russian Federation - by authorized representatives
of electoral associations, electoral blocs which nominated federal lists of
candidates. Whenever law-drawing is to be conducted and authenticity of the
collected signatures is to be verified the time appointed for verification
shall be made known by the election commission to the aforementioned persons.
The election commission shall not refuse to allow other persons sent by
candidates, electoral associations, electoral blocs to participate in the
verification. The verification shall cover all signatures on the signature
lists chosen for verification.
6. On the basis of verification of the data of
signature lists a voter signature may be found authentic or unauthentic.
7. Signatures and data corresponding thereto
contained in signature lists but deleted (stricken out) by nominators of a
candidate (federal list of candidates) before the signature lists were
submitted to the appropriate election commission shall not be verified or
counted, if the nominators have made a special note to confirm the deletion.
8. If verification of signature lists reveals
several signatures put by one person in support of the nomination of the same
candidate (federal list of candidates), only one signature shall be deemed
authentic and the remaining signatures shall be deemed unauthentic.
9. The following signatures shall be also deemed
unauthentic:
(a) signatures of persons who are not eligible to
vote in the given single-mandate electoral district, Subject of the Russian
Federation, and signatures of voters who indicated wrong data in signature
lists. In this case, a signature shall be deemed unauthentic if official
information to this effect has been supplied by an internal affairs body or a
corresponding conclusion has been made by a specialist involved in the work of
the election commission in accordance with Clause 4 of this Article;
(b) voter signatures put on the signature list before
the date on which a district election commission, the election commission of
the Russian Federation was notified about nomination of the candidate or before
the date on which a copy of the federal list of candidates was certified by the
Central Election Commission of the Russian Federation;
(c) voter
signatures without indication of some of the data required under this Federal
Law;
(d)
signatures deemed invalid on the basis of Clause 1 Article 44 of this
Federal Law;
(e) signatures put in the name of different
persons by the same person or in the name of one person by another person;
(f) voter
signatures accompanied by voter data which are not written by hand or written
with a pencil;
(g) voter
signatures with the signing date corrected by voters and by persons certifying
signature lists, if the correction has not been expressly endorsed by the voter
or the person certifying signature lists, respectively;
(h) all signatures on the signature list if the
signature list has not been certified by an autograph signature of the
signature collector and/or a candidate, authorized representative of an
electoral association, electoral bloc, or if this signature is unauthentic;
10. Signatures written in the name of different
persons by one person or in the name of one person by another person shall be
deemed unauthentic on the basis of a written conclusion of an expert invited by
the election commission in accordance with Clause 4 of this Article.
11. If a filled-in line (lines) is (are) discovered
on the signature list, which does (do) not meet the requirements of this
Federal Law, only the signature in the given line (given lines) shall be
disregarded, with the exceptions of cases provided by Clause 8 and Clause 9h of
this Article.
12. Corrections and blots endorsed when a
signature list was made up shall not be a reason for deeming a signature
unauthentic when signatures are counted or verified unless the signature was
found to be unauthentic in accordance with Clauses 8 and 9 of this Article.
13. If the number of signatures found to be
unauthentic in the course of selective verification exceeds 15 percent of the
number of signatures selected for verification, an additional 15 per cent of
the number of voter signatures required for registration shall be subjected to
verification.
14. If the total number of unauthentic signatures
discovered in the course of selective verification exceeds 15 percent of the
total number of signatures subject to verification under Clauses 5 and 13 of
this Article, further verification of the signature lists shall be discontinued
and the candidate, federal list of candidates shall not be registered.
15. A candidate, federal list of candidates shall
not be registered if the number of submitted voter signatures minus the number
of signatures found unauthentic is insufficient for registration.
16. After the end of verification of signature
lists a protocol of verification results shall be drawn up for each candidate,
federal list of candidates. The protocol shall be signed by the head of the
appropriate working group - a voting member of the given election commission
and shall be submitted to the election commission for adoption of an
appropriate decision. The protocol shall indicate the stated number of voter signatures,
the number of submitted voter signatures, the number of signatures subjected to
verification, the number of signatures found to be unauthentic and the reasons
therefor. The protocol shall be appended to the appropriate decision of the
election commission. No changes shall be made in the protocol after the
decision has been taken. A copy of the protocol shall be furnished to a
candidate, authorized representatives of an electoral association, electoral
bloc not less than 12 hours prior to the meeting of the election commission at
which registration of the candidate, federal list of candidates is to be
considered. If more than 15 percent of voter signatures subject to verification
were found to be unauthentic, the candidate, the electoral association,
electoral bloc shall be entitled to request a verification report from the
election commission certified thereby along with a copy of the protocol. The
report shall set forth the reasons why the voter signatures were found to be
unauthentic and indicate the number of the folder, the number of the signature
list and the number of the line of the list which contain each such signature.
1. Not later than ten days after acceptance of signature
lists (after an electoral deposit has been paid into the special account of the
Central Election Commission of the Russian Federation) and after acceptance of
other documents required for registration of a federal list of candidates the
Central Election Commission of the Russian Federation shall either register the
federal list of candidates or take a motivated decision to refuse its
registration. Not later than ten days after acceptance of signature lists or
after an electoral deposit has been paid into the special account of the
election commission of a Subject of the Russian Federation and after acceptance
of other documents required for registration of a candidate in a single-mandate
electoral district the district election commission shall either register the
candidate or take a motivated decision to refuse his/her registration. If the
candidate to be registered has been nominated by an electoral association,
electoral bloc, the decision of a district election commission shall mention
that the candidate has been nominated by an electoral association, electoral
bloc. The decision to grant registration 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, the said candidate, registered candidate may,
within five days after the deadline for the submission of documents for
registration of candidates (federal lists of candidates), register his/her
creative pseudonym with the appropriate election commission and, if there is
another person bearing the same surname, any pseudonym which he/she may use in
the course of the election campaigning along with his/her true first, middle
and last name and which 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 election commissions. Such a pseudonym shall not
be the name or the already registered pseudonym of some other candidate
nominated or registered in the same electoral district or in an electoral
district which has common boundaries with the given electoral district.
3. One and the same person shall not be registered
on more than one federal list of candidates and in more than one single-mandate
electoral district. A candidate registered in a single-mandate electoral
district as a candidate nominated directly by voters or by way of
self-nomination shall not be simultaneously registered in the same electoral
district as a candidate from an electoral association, electoral bloc. A
candidate registered in a single-mandate electoral district as a candidate
nominated by an electoral association, electoral bloc shall not be concurrently
included on a registered list of candidates of another electoral association,
electoral bloc.
4. One and the same person may be registered as a
candidate for the federal electoral district and, simultaneously, as a
candidate in one of single-mandate electoral districts, if the candidate and
the federal list of candidates were nominated by the same electoral
association, electoral bloc.
5. If the rules for registration of a candidate
laid down by Clauses 3 and 4 of this Article have been violated, the valid
registration shall be that carried out earlier and the later registration shall
be annulled by the appropriate election commission if, within 24 hours, the
registered candidate has not filed an application to cancel the earlier
registration.
6. Having taken a decision to refuse registration
of a candidate, federal list of candidates, the election commission shall,
within 24 hours after its adoption, issue a copy of this decision stating the
reasons for the refusal to the candidate, to the voter, voters who have nominated
the candidate or to the authorized representatives of the electoral
association, electoral bloc which has nominated the list of candidate. The
reasons for the refusal may be the following:
(a) serious violation of the signature collecting
procedure established by this Federal Law;
(b) absence or improper execution of the documents
indicated in Articles 37, 40 and 45 of this Federal Law;
(c) insufficient number of submitted authentic
voter signatures in support of a candidate, federal list of candidates or the
proportion of unauthentic signatures found among the signatures subjected to
verification exceeding 10 percent, unless an electoral deposit has been paid
for registration;
(d) inaccuracy of the information submitted by
candidates, electoral associations, electoral blocs in accordance with this
Federal Law, if the inaccuracy is essential (inaccuracy of the information
concerning separate candidates on the federal list of candidates of an
electoral association, electoral bloc may only serve as a basis for eliminating
the corresponding candidates from the certified federal list);
(e) serious violation of the rules for the
formation of an electoral fund of a candidate, an electoral association,
electoral bloc and its expenditure;
(f) violation of Clause 4 Article 41 of this
Federal Law by a candidate, an electoral association, electoral bloc,
authorized representative of an electoral association, electoral bloc;
(g) other reasons provided by this Federal Law.
7. Collection of voter signatures and their
submission to an election commission for registration of a candidate, list of
candidates by a candidate, an electoral association, electoral bloc shall not
be a reason for the refusal of registration if the candidate, the electoral
association, electoral bloc has paid an electoral deposit.
8. If any signs of a criminal or administrative
offence have been discovered, an election commission shall hand over
appropriate electoral documents and materials to law enforcement bodies to
bring to responsibility the persons who violated the provisions of this Federal
Law.
9. If the inaccuracy of the information submitted
by a candidate, an electoral association, electoral bloc in accordance with
Articles 37, 40 and 45 of this Federal Law has been established after
registration of the candidate (federal list of candidates) and this inaccuracy
is essential, an election commission may, not later than 16 days prior to
voting day, annul the decision to register the candidate (eliminate the
candidate from the federal list of candidates) and, 15 - 1 days prior to voting
day, apply to a court for annulling registration of the candidate (elimination
of the candidate from the federal list of candidates).
10. The decision of the Central Election
Commission of the Russian Federation to register a federal list of candidates
or to refuse its registration may be appealed in the Supreme Court of the
Russian Federation, the decision of a district election commission to register
a candidate or to refuse registration, in the Central Election Commission of
the Russian Federation, or in a court of law of a Subject of the Russian
Federation. The appeal shall be considered within five days.
11. A certificate of registration shall be issued
to each registered candidate. Within 48 hours after registration the registered
federal lists of candidates together with the data of the candidates as well as
the data of candidates registered in single-mandate electoral districts shall
be made available to the mass media by the appropriate election commissions.
Not later than 15 days prior to voting day district and territorial election
commissions shall display information about registered candidates and federal
lists of candidates on bulletin boards inside their premises; the said information
shall contain the data listed in Clauses 7 and 8 Article 37 of this Federal
Law. The same procedure shall be used to announce information concerning
cancelled registration of registered candidates, federal lists of candidates,
changes in the membership of electoral blocs which registered federal lists of
candidates, withdrawal of registered candidates from federal lists of
candidates. Information concerning registered candidates and electoral
associations, electoral blocs shall be arranged in the same sequence as in
ballots.
12. If, 45 prior to voting day, only one candidate
or no candidates have been registered in a single-mandate electoral district
and if only one federal list of candidates or no such lists have been
registered in the federal electoral district, by a decision of the appropriate
district election commission, the Central Election Commission of the Russian
Federation the election shall be postponed for a period not exceeding two
months to carry out additional nomination of candidates, lists of candidates
and perform subsequent electoral actions.
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 civil or
municipal service or work in the mass media as staff members or under a
contract or labor agreement shall be released from the performance of their
official duties during their participation in the election and shall, within
three days after registration, submit a certified copy of the relevant order
(directive) to the election commission and they shall not take advantage of
their official position or status.
4. The list of violations of the principle of
equal suffrage committed by taking advantage of the official position and
status is given in Clause 2 Article 41 of this Federal Law.
5. Registered candidates holding government
offices of category "A" or an elective municipal office shall carry
on election campaigning only when they are off duty. This rule shall not apply
when a registered candidate is to use free air time on the channels of the
state and municipal TV and/or radio broadcasting organizations as provided in
Article 56 of this Federal Law.
6. Officials, journalists and creative staff
members of TV and/or radio broadcasting organizations and editorial offices of
mass media shall not participate in highlighting the election campaign through
the mass media if these persons are registered candidates or agents of
registered candidates, electoral associations, electoral blocs, or authorized
representatives of electoral associations, electoral blocs.
7. Compliance with the restrictions imposed by
this Article shall not prevent deputies, elected officials from exercising
their powers and performing their obligations to voters.
8. In the course of an election campaign no
charity activities shall be carried on by registered candidates, electoral
associations, electoral blocs which have registered federal lists of candidates
or nominated a candidate registered in a single-mandate electoral district, by
associations comprised in electoral blocs which have registered federal lists
of candidates or nominated registered candidates in single-mandate electoral
districts, by agents and authorized representatives of such electoral
associations, electoral blocs, by agents of registered candidates and by
organizations whose founders, owners or possessors are and/or whose governing
bodies include the said persons and organizations and also by other natural
persons and legal entities acting on the request or on instructions of the said
persons and 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 candidates,
registered candidates, electoral associations, electoral blocs, their
authorized representatives and agents.
1. Upon a candidate’s request, report the
management of an enterprise, institution, organization, the commander of a
military unit, the head of an internal affairs body where the registered
candidate works, serves or undergoes military training shall without delay
release the registered candidate from work, service, study on any day and at
any time during the period from the date of the candidate’s registration by the
appropriate election commission to the day of the official publication of the
election results. If a candidate is released from work, service, the
appropriate election commission shall pay the registered candidate monetary
compensation in the amount of his/her average monthly wage (salary, pay), which
shall not exceed by more than 10 times the minimum wage established by the
federal law as of the day on which a decision to call (hold) the election 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 main place of work granting the
candidate an unpaid leave.
2. A candidate registered in a single-mandate
electoral district shall be compensated for the cost of fare of urban and
suburban public transport (not more than 30 trips) and inter-city public
transport within the territory of the given district (not more than four
trips). In cities where there are several electoral districts a candidate
registered in one of these districts shall be compensated for travel expenses
in the amount equal to the cost of one pass for all means of urban transport.
If a registered candidate lives outside a single-mandate electoral district where
he/she runs for election the travel expenses shall be additionally compensated
for four trips by public railway, water or motor transport or the cost of two
air tickets for a round trip to the electoral district. Payment for trips of a
candidate registered in a single-mandate electoral district shall be made from
the funds allocated from the federal budget to the appropriate election
commission for the preparation and conduct of the election.
3. A registered candidate included in the federal
part of a federal list of candidates shall be compensated for the cost of fare
for two trips within the territory of the Russian Federation by any means of
inter-city public transport. A registered candidate included in the regional
part of a federal list of candidates shall be compensated for the cost of fare
of public urban and suburban transport (not more than thirty trips) and public
inter-city transport (not more than four trips) within the region where the
candidate is included in the regional group of candidates. If a registered
candidate resides outside the region where he/she is included in the regional
group, he/she shall be additionally compensated for travel expenses incurred in
four round trips to the region by public railway, water or motor transport or
two round trips by air transport. Payment for these trips shall be made 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.
4. Registered candidates shall be compensated for
travel expenses incurred from the day of their registration to the day of
official publication of the election results. No compensation shall be paid for
taxi trips and the use of chartered transport. Travel expenses for suburban and
inter-city trips shall be compensated upon production of tickets bought for the
trips (from the point of departure to the point of destination) and for urban
trips - upon production of a pass for the appropriate period.
5. No monetary compensation and no compensation
for travel expenses shall be paid after the final financial report has been
submitted to the appropriate election commission by a registered candidate, an
electoral association, electoral bloc that registered the federal list of candidates.
6. During the period indicated in Clause 1 of this
Article a registered candidate shall not be dismissed from his/her job;
expelled from an educational establishment; transferred to another job or
position including jobs in other localities or sent on business trips by the
management (employer) without his/her consent; called up for military or
alternative service or military training. The time of participation of a
registered candidate in the election shall be included in his/her overall
service record in accordance with his/her specialty before registration.
7. During the period indicated in Clause 1 of this
Article a registered candidate shall not be subjected to criminal prosecution,
arrested and no administrative punishments shall be imposed on the candidate by
a court without the consent of the Procurator General of the Russian
Federation. Having given such a consent, the Procurator General of the Russian
Federation shall serve a notice to this effect on the election commission which
has registered the candidate.
8. A candidate registered in a single-mandate
electoral district, an authorized representative of an electoral association,
electoral bloc which has registered a federal list of candidates shall be
entitled to receive from the appropriate district election commission a list of
electoral precincts indicating their boundaries, the addresses and telephone
numbers of territorial and precinct election commissions, addresses of voting
premises.
1. A candidate registered in a single-mandate
electoral district shall be entitled to appoint up to 20 agents and an
electoral association, electoral bloc which registered a federal list of
candidates up to 500 agents. These persons shall be registered with the
district election commission and the Central Election Commission of the Russian
Federation, respectively. Election commissions shall register agents within
three days upon receipt of a written request of a candidate or an electoral
association, electoral bloc and a statement of the person expressing his/her
consent to be an agent. The statement or request in respect of each candidature
of an agent shall indicate the first, middle and last name, date of birth, main
place of work or service (occupation if there is no main place of work or
service), position, place of residence (the name of the Subject of the Russian
Federation, raion, city, 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.
2. Agents shall receive official cards from an
election commission. The administration (employer) shall grant an unpaid leave
of absence to agents on their request for the period indicated in Clause 1 of
Article 49.
3. Agents shall carry on campaigning and other
activities which are conducive to the election of a registered candidate (list
of candidates). An agent shall also exercise the powers of an observer.
4. Registered candidates, electoral associations,
electoral blocs that have appointed agents may, at any time, recall them and
appoint other agents in their place by serving an appropriate notice on the
election commission which shall annul the cards issued to the recalled agents.
Agents may, at any time, resign their powers on their own initiative by
returning their cards to the election commission and serving an appropriate
notice on a registered candidate, an electoral association, electoral bloc.
5. The powers of agents shall commence from the
day on which agents are registered by the appropriate election commission and
end upon the loss of the status by a registered candidate who appointed the
agents, or upon the loss of their status by all candidates nominated on a
federal list of candidates by an electoral association, electoral bloc which
appointed the agents, save the case indicated in Clause 4 of this Article but
not later than the day of official publication of the general election results and,
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.
1. A candidate nominated in a single-mandate
electoral district may, at any time, withdraw his/her statement expressing the
consent to run for election, by serving a written notice to this effect on the
appropriate election commission. Such a notice shall not be recalled.
2. A candidate registered in a single-mandate
electoral district may, at any time but not later than three days prior to
voting day, withdraw his/her candidature by submitting a written application to
the appropriate district election commission. Such an application. shall not be
recalled. Based on the received application the district election commission
shall, within 24 hours, annul registration of the candidate who has submitted
the application. If a registered candidate withdraws his candidature without
compelling reasons, the district election commission shall collect from the
candidate the funds received by the candidate from the federal budget for the
conduct of the election campaign.
3. A candidate, registered candidate on a federal
list of candidates may, at any time but not later than five days prior to
voting day, refuse to continue participation in the election on the federal
list of candidates by submitting a written application to the Central Election
Commission of the Russian Federation. Such an application shall not be
recalled. Based on the received application the Central Election Commission of
the Russian Federation shall, within 24 hours, eliminate the registered
candidate from the given federal list.
4. The actions listed in Clauses 1 - 3 of this
Article shall not deprive the person who undertook them of a right to be
nominated again in the same election in any electoral district in accordance
with the procedure and within the period established by this Federal Law.
5. At any time but not later than five days prior
to voting day, an electoral association, electoral bloc which registered a
federal list of candidates shall be entitled to recall the federal list of
candidates by submitting an appropriate written application to the Central
Election Commission of the Russian Federation. The said application shall not
be recalled.
6. An electoral association comprised in an
electoral bloc may, at any time but not later than five days prior to voting
day, refuse to participate in the election within the given electoral bloc
subject to a decision of the duly authorized body of this electoral association
by submitting a written application to the Central Election Commission of the
Russian Federation. After this, the given electoral association may act as an
independent electoral association or join another electoral bloc in accordance
with the procedure and within time limits established by this Federal Law. If,
after the Central Election Commission of the Russian Federation has certified
the copy of a list (lists) of candidates nominated by an electoral bloc, all
electoral associations comprised in the given electoral bloc with the exception
of one electoral association refuse to participate in the election, this
electoral association may continue to participate in the election as an
electoral association using the name and symbols and assuming the rights and
obligations of the electoral bloc which has submitted the list of candidates.
This right shall not apply if registration of a federal list of candidates has
been refused or its registration has been annulled in accordance with Clause 11
of this Article.
7. Refusal of an electoral bloc to participate in
the election shall not deprive the electoral associations comprised in this
electoral bloc of the right to participate in this election, for which
candidates shall be nominated once again and other electoral actions shall be
carried out in accordance with a procedure established by this Federal Law.
8. An electoral association on the basis of its
statute, an electoral bloc by a decision of the duly authorized representatives
of electoral associations comprised in the bloc shall be entitled to remove
some candidates (registered candidates) from the federal list certified by (registered
with) the Central Election Commission of the Russian Federation at any time,
however, not later than five days prior to voting day.
9. An electoral association in accordance with its
statute, an electoral bloc by a decision of the representatives duly authorized
by electoral associations comprised in the bloc may, at any time but not later
than five days prior to voting day, recall the candidate, registered candidate
nominated by them in a single-mandate electoral district by submitting a written
application to this effect to the appropriate district election commission. If
the recalled candidate is a registered candidate, the district election
commission shall collect from the electoral association, electoral bloc the
budget funds received by the registered candidate.
10. An election commission which took a decision
to annul registration of a candidate shall promptly serve a notice to this
effect on the person in respect of whom the decision was taken and shall issue
a copy of the decision to this person.
11. If the number of candidates, registered
candidates eliminated from a federal list of candidates on the basis of their
applications or by the decision of an electoral association, electoral bloc
exceeds 25 percent of the total number of candidates on the certified federal
list of candidates or in the event of withdrawal of one of or several
candidates occupying the first three places in the federal part of the
certified federal list of candidates (if their withdrawal is not due to compelling
reasons indicated in Clause 16 of this Article) the Central Election Commission
of the Russian Federation shall refuse to register the list of candidate or
shall annul its registration.
12. No new persons shall be put on the list of
candidates and no changes shall be made in the order in which the candidates
are arranged on the list except the cases when such changes result from the
withdrawal of some candidates and the case provided by Clause 10 Article 38 of
this Federal Law. If changes are made in a federal list of candidates in
accordance with a procedure conforming to this Federal Law and to the statute
of an electoral association, agreement on the formation of an electoral bloc,
this shall not be used as a reason for the refusal to register a federal list,
annulment of a decision to register a federal list of candidates.
13. If an electoral association, electoral bloc
recalls its federal list of candidates in accordance with Clause 5 of this Article
without any compelling reasons or if registration of a federal list of
candidates has been annulled in accordance with Clause 11 of this Article, the
Central Election Commission of the Russian Federation shall collect federal
budget funds from the electoral association, electoral bloc which received
them.
14. If, by voting day, no registered candidates or
only one registered candidate remains in an electoral district or if no
registered federal lists of candidates or only one such list remains in the
federal electoral district, by a decision of the district election commission,
Central Election Commission of the Russian Federation, respectively, the
election shall be postponed for a period not exceeding two months in a
single-mandate electoral district and three months in the federal electoral
district for additional nomination of candidates, lists of candidates and
performance of subsequent electoral actions.
15. If the circumstances indicated in Clause 14 of
this Article 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 5 Article 91 of this Federal
Law or an electoral association, electoral bloc has recalled a registered
federal list of candidates without compelling reasons or registration of a
federal list of candidates has been annulled in accordance with Clause 11 of
this Article, Clauses 3 or 5 Article 91 of this Federal Law, all expenses
incurred by the appropriate election commission in the preparation and conduct
of the election shall be collected from this registered candidate, electoral
association, electoral bloc. If the obligation to compensate for these funds is
imposed on an electoral bloc, the said funds 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 or as of the date of the
decision of the Central Election Commission of the Russian Federation to annul
registration of a federal list, unless another method of division is envisaged
in the agreement on the establishment of the bloc submitted to the Central Election
Commission of the Russian Federation.
16. In this Federal Law the reasons compelling a
registered candidate to withdraw his/her candidature or an electoral
association, electoral bloc to recall a candidate mean the pronouncement of a
registered candidate to be incompetent, serious illness, persistent health
problems of a registered candidate or his next of kin. The reasons compelling
an electoral association, electoral bloc to recall a registered candidate mean
the pronouncement of a registered candidate to be incompetent, serious illness,
persistent health problems of a registered candidate. The reasons compelling an
electoral association, electoral bloc to recall a federal list of candidates
mean withdrawal due to compelling circustances or death or presumptive death of
candidates who occupied the top three places in the federal part of the federal
list, over 50 percent (but not less than six) candidates from the federal part
of the federal list of candidates, incapacitation of more than 25 percent of
the candidates on the federal list of candidates.
1. Election campaigning may be conducted:
(a) through the mass media;
(b) by organizing public events (conferences and
meetings with citizens, rallies, marches, demonstrations, public debates and
discussions);
(c) by issuing and distributing printed,
audiovisual and other propaganda materials;
(d) in other forms which are not prohibited by
law.
2. Election campaigning through the mass media
shall be conducted in the form of public debates, discussions,
"roundtables", press conferences, interviews, speeches, political
advertising, demonstration of TV stories and video films about a registered candidate,
an electoral association, electoral bloc and in other forms which are not
prohibited by law. A registered candidate, an electoral association, electoral
bloc shall be entitled to select the form and nature of their election
campaigning at their own discretion.
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 subjects of the Russian Federation, other state bodies, bodies of
local self-government;
(b) persons who hold government and municipal
offices, government and municipal employees, servicemen when they are
discharging their official duties or taking advantage of their official
position and status;
(c) military units, military establishments and
organizations;
(d) charity and religious organizations and
organizations founded by them;
(e) election commissions, voting members of
election commissions.
1. Election campaigning shall start from the day
of registration of a candidate, federal list of candidates, unless otherwise
established by this Federal Law, and shall end at 00.00 local time one day
prior to voting day. No election campaigning shall be allowed on voting day and
a day before.
2. Printed 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 a federal law shall remain in place on voting day.
1. When publishing the results of public opinion
polls related to the election 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, federal lists of candidates, the organizations which conduct
election-related opinion polls with a view of publishing their results in the
mass media and the organizations which publish their results and forecasts
about the election outcome shall furnish copies of these publications to,
respectively, a district election commission or the Central Election Commission
of the Russian Federation to form an information bank from which data shall be
available for examination or copying to persons indicated in Clause 1 Article
39 of this Federal Law and to foreign (international) observers on their
request.
3. For 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, forecasts of election results, other studies related
to the election.
1. Organizations engaged in TV and/or radio
broadcasting (hereafter "TV and radio broadcasting organizations")
and editorial offices of periodicals· shall provide equal conditions to
candidates registered in single-mandate electoral districts and to electoral
associations, electoral blocs which have registered federal lists of candidates
for election campaigning, presentation of their programs to voters if these TV
and radio broadcasting organizations, periodicals or their editorial offices
are founded (co-founded) by the state bodies, organizations, institutions
and/or if, in the year preceding the day of official publication of a decision
to call the election, these TV and radio broadcasting organizations, editorial
offices of periodicals were financed by not less than 15 percent of their
budget from the funds allocated by the federal bodies of state power, bodies of
state power of the Subjects of the Russian Federation.
2. TV and radio broadcasting organizations which
have a stable reception zone extending to a half or more than a half of the
Subjects of the Russian Federation and editorial offices of periodicals
distributed in the territory of a half or more than a half of the Subjects of
the Russian Federation, if they come within Clause 1 of this Article, shall
offer a possibility to conduct election campaigning to electoral associations,
electoral blocs which have registered lists of candidates. The list of such TV
and radio broadcasting organizations and periodicals shall be published by the
Central Election Commission of the Russian Federation on the recommendation of
the appropriate federal bodies of executive power which formulate and implement
the state policy vis-a-vis the mass media, not later than the tenth day after
official publication of the decision to call the election.
3. TV and radio broadcasting organizations which have
a stable reception zone extending to less than a half of the Subjects of the
Russian Federation as well as the appropriate divisions of the TV and radio
broadcasting organizations indicated in Clause 2 of this Article and editorial
offices of periodicals distributed in the territory of less than a half of the
Subjects of the Russian Federation, if they come within Clause 1 of this
Article, shall offer equal possibilities to conduct election campaigning,
respectively, to regional groups of candidates and to candidates registered in
single-mandate electoral districts. The list of such TV and radio broadcasting
organizations and periodicals shall be published by the election commissions of
Subjects of the Russian Federation on the recommendation of the appropriate
territorial agencies of the federal bodies of executive power which formulate
and implement the state policy vis-a-vis the mass media and the bodies of
executive power of the Subjects of the Russian Federation, not later than the
tenth day after official publication of the decision to call election of
deputies to the State Duma.
4. TV and radio broadcasting organizations and
editorial offices of periodicals which do not come within Clause 1 of this Article
shall offer equal possibilities for election campaigning to registered
candidates, electoral associations, electoral blocs, if these TV and radio
broadcasting organizations, periodicals or their editorial offices are founded
(co-founded) by the bodies of local self-government or if, in the year
preceding the day of official publication of a decision to call the election,
these TV and radio broadcasting organizations, editorial offices of periodicals
were financed by not less than 15 percent of their budget from the funds
allocated by the bodies of local self-government. Election campaigning on the
channels of these TV and radio broadcasting organizations and in the said
periodicals shall start after the end of the registration of candidates, federal
lists of candidates. These TV and radio broadcasting organizations and
editorial offices of periodicals may refuse to make public any propaganda
materials if they completely abstain from participation in any form of
propaganda activities.
5. An electoral association, electoral bloc shall
be free to choose, through its authorized representatives, the forms of its
participation in election campaigning on the channels of TV and radio
broadcasting organizations, in periodicals.
6. A registered candidate nominated by an
electoral association, electoral bloc in a single-mandate electoral district
and concurrently included in the federal part of the federal list of candidates
of the same electoral association, electoral bloc shall not use free air time
and printing space on the channels of TV and radio broadcasting organizations
and in the periodicals coming within Clause 2 of this Article.
7. A registered candidate nominated by an
electoral association, electoral bloc in a single-mandate electoral district and
concurrently included in the federal part of the federal list of candidates of
the same electoral association, electoral bloc may use free air time and
printing space on the channels of TV and radio broadcasting organizations and
in periodicals indicated in Clause 3 of this Article either as a candidate
registered in a single-mandate electoral district or as a candidate included in
the regional group of candidates.
8. TV and radio broadcasting organizations and
editorial offices of periodicals which do not come within Clauses 1 and 4 of
this Article may, on a contractual basis, provide paid air time, printing space
to registered candidates, electoral associations, electoral blocs which have
registered federal lists of candidates, regional groups of candidates. The
rates and terms of payment shall be the same for all registered candidates,
electoral associations, electoral blocs. Information about the rates shall be
published by the appropriate TV and radio broadcasting organization, editorial
office of the periodical not later than the twentieth day after official
publication of the decision to call the election and shall be furnished to the
Central Election Commission of the Russian Federation along with a notification
about the readiness to offer air time, printing space to electoral
associations, electoral blocs and to the election commission of a Subject of
the Russian Federation along with a notification about the readiness to offer
air time, printing space to registered candidates, regional groups of candidates.
9. TV and radio broadcasting organizations and
editorial offices of periodicals (regardless of the form of ownership) which
provided free or paid air time and printing space to registered candidates,
electoral associations, electoral blocs shall keep separate records of the
amount and cost of air time and printing space according to the form
established by the Central Election Commission of the Russian Federation, and
five days before voting day and within five days after voting day shall furnish
the data of these records to the election commission of a Subject of the
Russian Federation with regard to candidates registered in single-mandate
electoral districts, to the Central Election Commission of the Russian
Federation with regard to electoral associations, electoral blocs, including
candidates in the federal part of a registered federal list and regional
groups, and, upon the request of, respectively, the election commission of a
Subject of the Russian Federation and the Central Election Commission of the
Russian Federation, shall present to them documents confirming the consent of a
registered candidate, an electoral association, electoral bloc to the provision
of paid services and to payment therefor.
10. Specialized TV and radio broadcasting
organizations and specialized mass media (cultural-educational, children’s,
technical, scientific, etc.) may refuse to make public any election propaganda
materials provided that they fully abstain from highlighting the election
campaign in any form.
1. Registered candidates, electoral associations,
electoral blocs which registered federal lists of candidates shall be entitled
to free air time on the channels of TV and/or radio broadcasting organizations
which come within Clause 1 of Article 55 of this Federal Law and carry on
television and radio broadcasting in the territory of the given electoral
district, on equal terms and conditions (length of air time, timing and other terms
and conditions).
2. Within a week upon the end of registration of
candidates, lists of candidates arrangements shall be made for lot-drawing in
accordance with Clause 10 of this Article to distribute free air time between
registered candidates, regional groups of candidates, electoral associations,
electoral blocs which applied for participation in such lot-drawing.
3. Free air time on the channels of TV and radio
broadcasting organizations coming within Clause 1 of Article 55 of this Federal
Law shall be made available in the period which begins thirty days prior to
voting day and ends a day before voting day, on working days.
4. For the purpose of conducting election
campaigning free of charge, electoral associations, electoral blocs which registered
federal lists of candidates shall be entitled to use air time on the channels
of TV and radio broadcasting organizations that come within Clause 3 of Article
55 of this Federal Law, candidates registered in single-mandate electoral
districts and regional groups of candidates of electoral associations,
electoral blocs – on the channels of TV and radio broadcasting organizations
coming within Clause 2 Article 55 of this Federal Law. A candidate registered
in a single-mandate electoral district shall not use free air time on the
channels of TV and radio broadcasting organizations coming within Clause 2
Article 55 of this Federal Law.
5. The total amount of free air time to be made
available for election campaigning by each TV and radio broadcasting organization
coming within Clause 2 Article 55 of this Federal Law shall be not less than
one hour on working days in the period established in Clause 3 of this Article.
The total amount of free air time to be made available for election campaigning
by each TV and radio broadcasting organization coming within Clause 3 Article
55 of this Federal Law 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. Free air time shall be provided in the broadcast
periods viewed or listened to by the greatest number of persons.
6. The amount of free air time to be made
available to a regional group of candidates in each Subject of the Russian
Federation by a TV and radio broadcasting organization coming within Clause 3
Article 55 of this Federal law shall be calculated by multiplying the amount of
air time made available by a TV and radio broadcasting organization to a
candidate registered in a single-mandate electoral district in the given
Subject of the Russian Federation by the number of single-mandate electoral
districts in this Subject of the Russian Federation but shall not exceed the
amount thus calculated by more than three times. TV and radio broadcasting
organizations shall provide equal amounts of air time to candidates registered
in single-mandate electoral districts, regional groups of candidates with due
account to the said ratio.
7. One-third of the total amount of free air time
made available by TV and radio broadcasting organizations shall be given to
registered candidates, electoral associations, electoral blocs which have
registered federal lists of candidates, regional groups of candidates for joint
debates, "roundtables" and other joint campaigning events of a
similar kind. When air time is made available for joint campaigning events on
the channels of TV and radio broadcasting organizations coming within Clause 3
Article 55 of this Federal Law this air time shall be calculated and allocated
separately for registered candidates and regional groups of candidates with due
account to the ratio indicated in Clause 6 of this Article. All registered
candidates, electoral associations, electoral blocs, regional groups of
candidates shall be allowed to use this part of free air time on equal
conditions.
8. A refusal of a registered candidate, an
electoral association, electoral bloc, regional group of candidates to
participate in joint campaigning events indicated in Clause 7 of this Article
shall not entitle them to receive a greater amount of free air time to which
they are entitled in accordance with Clause 9 of this Article.
9. The remaining part (two-thirds) of free air time
made available by TV and radio broadcasting organizations shall be divided in
equal parts between registered candidates, between regional groups of
candidates, between electoral associations, electoral blocs which have
registered federal lists of candidates.
10. The Central Election Commission of the Russian
Federation together with the representatives of the appropriate TV and radio
broadcasting organizations shall arrange for lot-drawing to determine concrete
dates and time for airing election propaganda materials of electoral
associations, electoral blocs. The election commission of a Subject of the
Russian Federation together with the representatives of the appropriate TV and
radio broadcasting organizations shall arrange for lot-drawing to determine
concrete dates and time for airing election propaganda materials of registered
candidates, regional groups of candidates. Lot-drawing may be witnessed by
persons listed in Clause 1 Article 29 of this Federal Law. The results of
lot-drawing shall be recorded in a protocol. The schedule of air time
distribution determined on the basis of lot-drawing results shall be published
in periodicals indicated in Clauses 2 and 3 Article 55 of this Federal Law.
11. The expenses of TV and radio broadcasting
organizations incidental to provision of free air time to registered
candidates, electoral associations, electoral blocs, regional groups of
candidates shall be covered from current budgets of these TV and radio
broadcasting organizations.
12. TV and radio broadcasting organizations coming
within Clause 1 Article 55 of this Federal Law shall reserve air time for
election campaigning to be conducted by registered candidates, regional groups
of candidates, electoral associations, electoral blocs on a paid basis. The
rates and the terms of payment shall be the same for all registered candidates,
electoral associations, electoral blocs and shall be published by TV and radio
broadcasting organizations not later than 20 days from the day on which a
decision to call the election was officially published. The total amount of
paid air time to be reserved by each TV and radio broadcasting organizations
shall not be less than the total amount of free air time made available in
accordance with Clause 5 of this Article but shall not exceed this amount by
more than two times.
13. Each registered candidate, regional group of
candidates, electoral association, electoral bloc shall be entitled, for a
charge, to a part of the total reserved air time, its length being given by the
division of this total time by the total number of registered candidates and
regional group of candidates respectively (with due regard to the provisions of
Clause 6 of this Article) or electoral associations, electoral blocs who
registered the federal lists of candidates.
14. TV and radio broadcasting organizations shall
provide such air time indicated in Clause 12 of this Article in the period
indicated in Clause 3 of this Article. The date and time when election
propaganda materials are to be aired shall be determined by lot, with
lot-drawing to be arranged by a TV and radio broadcasting organization with the
participation of interested persons on the basis of written requests for
participation in lot-drawing from registered candidates, authorized representatives
of electoral associations, electoral blocs. Lot-drawing shall be conducted
within time limits established by Clause 2 of this Article. Air time shall be
provided on the basis of a contract to be concluded after lot-drawing.
15. If, after lot-drawing, a registered candidate,
an electoral association, electoral bloc, a regional group of candidates
refuses to use air time, they shall inform about their decision the appropriate
TV and radio broadcasting organization not later than two days before the
airing time and the TV and radio broadcasting organization shall be free to use
the released air time at its discretion for purposes other than election
campaigning.
16. Election campaigning on the channels of TV and
radio broadcasting organizations which do not come within Clauses 1 and 4 of
Article 55 of this Federal Law may be started directly after registration of a
candidate, federal list of candidates in accordance with a contract concluded
between a TV and radio broadcasting organization and a registered candidate, an
electoral association, electoral bloc which has registered a federal list of
candidates.
17. Payment for air time by registered candidates,
electoral associations, electoral blocs and its provision on the channels of TV
and radio broadcasting organizations which do not come within Clauses 1 and 4
Article 55 of this Federal Law shall be carried out on equal terms and
conditions. TV and radio broadcasting organizations which fail to comply with
this requirement and the requirements of Clause 8 Article 55 of this Federal
Law shall not provide air time to registered candidates, electoral
associations, electoral blocs for election campaigning purposes
18. 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 and 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.
19. Not later than two days before provision of
air time a registered candidate, an electoral association, electoral bloc shall
submit a payment order to a branch of the Savings Bank of the Russian
Federation for remittance of the full amount of payment for the air time. If
this requirement is not met, air time on the channels of TV and radio
broadcasting organizations shall not be provided. The branch of the Savings
Bank of the Russian Federation shall remit the money not later than the next
business day after receipt of the payment order. The time for processing a
non-cash payment shall not exceed two business days within a Subject of the
Russian Federation and five days within the Russian Federation.
20. Payment for air time shall be made solely from
the funds of the electoral fund of a registered candidate, an electoral
association, electoral bloc.
21. If, while using paid air time, a registered
candidate, an electoral association, electoral bloc violate the terms and
conditions established by this Federal Law, a 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.
22. Transmission of election propaganda materials
of a registered candidate, an electoral association, electoral bloc shall not
be interrupted, in particular, by commercials advertising goods and services.
23. Transmission of propaganda materials of
electoral associations, electoral blocs on the channels of TV and radio
broadcasting organizations coming within Clause 2 Article 55 of this Federal
Law shall not be interrupted for transmission of other TV and radio programs.
24. In TV and radio news programs reports
concerning election events conducted by candidates, registered candidates
electoral associations, electoral blocs shall be always presented in the form
of separate items, as a rule in the beginning of such programs and without any
comments. These news items shall not be paid for by candidates, registered
candidates, electoral associations, electoral blocs. They shall not give
preference to any candidate, registered candidate, an electoral association,
electoral bloc, particularly, with regard to the time devoted to highlighting
their election campaigning.
25. TV and radio programs containing election
campaigning shall be aired with simultaneous video and audio recording of the
program, with the said recording to be kept by the given TV and radio
broadcasting organization for 12 months from the day on which these programs
were aired. TV and radio broadcasting organizations shall keep records
concerning provision of free and paid air time indicated in Clause 9 Article 55
of this Federal Law for five years after voting day.
1. Registered candidates, electoral associations,
electoral blocs which registered federal lists of candidates shall be entitled
to free printing space in periodicals which come under the provisions of Clause
1 Article 55 of this Federal Law and are published at least once a week, the
said printing space to be provided to them on equal terms and conditions (size
of the printing space, place on the page, type, and other terms and
conditions).
2. Within a week after the end of registration of
candidates, lists of candidates lot-drawing shall be arranged for distribution
of free printing space among registered candidates, regional group of
candidates, electoral associations, electoral blocs that applied for
participation in this lot-drawing.
3. Editorial offices of periodical coming within
Clause 1 Article 56 of this Federal Law shall provide free printing space
within the period which starts 40 days before voting day and ends one day
before voting day.
4. The total minimum weekly printing space which
each editorial office of periodicals coming within Clause 1 Article 55 of this
Federal Law is to provide free of charge to registered candidates, regional
groups of candidates or electoral associations, electoral blocs shall account
for not less than 10 percent of the total printing space of the given
periodical in the period established by Clause 3 of this Article. The total
printing space which the given periodical provides free of charge for election
campaigning within a period established by Clause 3 of this Article shall be
announced by the editorial office of the periodical not later than 20 days
after official publication of a decision to call the election.
5. The printing space to be provided in each
Subject of the Russian Federation to a regional group of candidates by the
editorial office of a periodical coming within Clause 3 Article 55 of this
Federal Law shall be calculated by multiplying the printing space provided by
the given editorial office of a periodical to a candidate registered in a
single-mandate electoral district in the given Subject of the Russian
Federation by the number of single-mandate electoral districts in the given
Subject of the Russian Federation but shall not exceed the space thus
calculated by more than three times. The said editorial offices of periodicals
shall provide an equal amount of printing space to candidates registered in
single-mandate electoral districts and to regional groups of candidates with
due account to the said ratio.
6. The total size of free printing space declared
by the editorial office of a periodical shall be distributed in equal portions
between registered candidates, regional groups of candidates, electoral
associations, electoral blocs by dividing the total size of the allocated
printing space by the total number of registered candidates, regional groups of
candidates (with due regard to the provisions of Clause 5 of this Article),
electoral associations, electoral blocs which are entitled to free publication
of their propaganda materials in the given periodical.
7. The dates for free publication of election
propaganda materials of registered candidates, regional groups of candidates,
electoral associations, electoral blocs shall be determined by lot, with
lot-drawing to be organized by the editorial office of a periodical with the
participation of interested persons within a week after the end of registration
of candidates, lists of candidates. Lot-drawing may be witnessed by members of
the appropriate election commission and persons listed in Clause 1 Article 29
of this Federal Law.
8. The expenses of the editorial offices of periodicals
incidental to the provision of free printing space to registered candidates,
electoral associations, electoral blocs for election campaigning shall be
covered from current budget of the editorial offices of periodicals.
9. Editorial offices of periodicals coming within
Clause 1 Article 55 of this Federal Law shall reserve printing space for
election propaganda materials to be published by registered candidates,
regional groups of candidates, electoral associations, electoral blocs on a
paid basis. The rates of payment for printing space shall be the same for all
registered candidates, electoral associations, electoral blocs and shall be
announced by the editorial office of a periodical not later than 20 days after
official publication of the decision to call the election. The total printing
space to be reserved by the editorial office of a periodical for provision on a
paid basis shall not be less than the total free printing space to be made
available in accordance with Clause 5 of this Article but shall not exceed this
space by more than two times.
10. Each registered candidate, regional groups of
candidates, electoral association, electoral bloc shall be entitled, for a
charge, to a part of the total reserved printing space given by the division of
this total space by the total number of registered candidates, regional groups
of candidates (with due regard to the provisions of Clause 5 of this Article)
or electoral associations, electoral blocs which registered federal lists of
candidates.
11. The printing space indicated in Clause 9 of
this Article shall be made available by the editorial office of a periodical
within the period indicated in Clause 3 of this Article. The date for the
publication of propaganda materials of a registered candidate, regional groups
of candidates, electoral association, electoral bloc shall be determined by lot
by the editorial office of the periodical with the participation of interested
persons on the basis of written applications for participation in lot-drawing
submitted by registered candidates, authorized representatives of electoral
associations, electoral blocs. Law-drawing shall be conducted within the time
limits indicated in Clause 2 of this Article. The lot-drawing procedure may be
witnessed by members of the appropriate election commission and persons listed
in Clause 1 Article 29 of this Federal Law. The results of lot drawing shall be
formalized in a protocol.
12. If a registered candidate, an electoral
association, electoral bloc, a regional group of candidates refuses to use
printing space after lot-drawing, they shall inform about their decision the
editorial office of the periodical not later than five days before publication
and the editorial office shall be free to use the released printing space at
its discretion for purposes other than election campaigning.
13. The editorial offices of periodicals which do
not come within Clauses 1 and 4 Article 55 of this Federal Law may publish
election propaganda materials immediately after registration of a candidate,
federal lists of candidates in accordance with a contract to be concluded
between the editorial office of a periodical and a registered candidate, an
electoral association, electoral bloc which has a registered federal list of
candidates.
14. The printing space provided by the editorial
offices of periodicals which do not come within Clauses 1 and 4 Article 55 of
this Federal Law to registered candidates, electoral associations, electoral
blocs shall be paid for by them on equal terms and conditions. The editorial
offices of periodicals failing to observe this requirements and the
requirements of Clause 8 Article 55 of this Federal law shall not provide
printing space to registered candidates, electoral associations, electoral
blocs for election campaigning.
15. Registered candidates, electoral associations,
electoral blocs shall pay for printing space in accordance with contracts to be
concluded by them with the editorial offices of periodicals after lot-drawing.
A payment order issued to a branch of the Savings Bank instructing the Bank to
remit the full amount of payment for the printing space shall be submitted by a
registered candidate, an electoral association, electoral bloc not later than
two days prior to the day of publication. If this condition is not observed,
printing space shall not be provided. The branch of the Savings Bank shall
process the remittance not later than the next banking day upon receipt of the
payment order. The time for processing of non-cash remittances shall be two
banking days within a Subject of the Russian Federation or five banking days
within the Russian Federation.
16. Payment for the printing space shall be made
exclusively from an electoral fund of a registered candidate, an electoral
association, electoral bloc.
17. Election propaganda materials published in
accordance with this Article shall not be accompanied by any forms of editorial
comment and by headlines and illustrations that are not agreed upon with
registered candidates, electoral associations, electoral blocs.
18. The editorial offices of periodicals founded
by bodies of legislative (representative), executive and judicial power or by
bodies of local self-government exclusively for the publication of their
official documents and reports, normative and other acts shall not publish
election propaganda materials or editorial comments highlighting the election
campaign.
19. The requirement that printing space be made
available on equal terms and conditions shall not apply to editorial offices of
periodicals if the editorial office and/or the periodical is founded by a
registered candidate (candidates), an electoral association, electoral bloc and
an electoral association (associations) comprised in an electoral bloc and does
not come within Clause 1 Article 55 of this Federal Law.
20. All materials published by periodicals with
their publication paid for from the electoral fund of a candidate, registered
candidate, an electoral association, electoral bloc shall indicate the
candidate, registered candidate, the electoral association, electoral bloc from
whose electoral fund the given publication has been paid for. If the materials
have been published free of charge in accordance with Clause 1 of this Article,
the publication shall indicate that the materials are published free of charge
and name the registered candidate, the electoral association, electoral bloc
that has been given the possibility to publish these materials.
1. State bodies and bodies of local
self-government shall render assistance to registered candidates, electoral
associations, electoral blocs which registered federal lists of candidates,
groups of voters for organizing conferences, meetings 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, agents and authorized
representatives of electoral associations, electoral blocs 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 law.
3. On the basis of requests from election
commissions, premises which are suitable for holding election-related mass
events and are state- or municipality-owned shall be made available by the
owner (proprietor), free of charge and for a time to be established by the
election commission, to registered candidates, authorized representatives of
electoral associations, electoral blocs and their agents for meetings with
voters. If such premises were made available for mass events to one of
registered candidates, electoral associations, electoral blocs, the owner
(proprietor) of the premises shall not refuse to provide the premises to
another registered candidate, another electoral association, electoral bloc on
the same terms and conditions. Election commissions shall ensure equal
possibilities to hold election-related mass events for registered candidates,
electoral associations, electoral blocs.
4. Registered candidates, electoral associations, electoral
blocs which registered federal lists of 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 conferences, meetings with voters, rallies, public debates and
other election-related mass events.
5. Buildings and structures included into the
State Register of Valuable Memorials of the Cultural Heritage of the Peoples of
the Russian Federation shall not be made available for campaigning purposes.
6. No election campaigning shall be allowed in the
territory of military units, in military organizations and institutions.
Meetings of registered candidates, authorized representatives of electoral
associations, electoral blocs, 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 a district election commission, with a
mandatory requirement that all candidates registered in the given
single-mandate electoral district, all electoral associations, electoral blocs
which have registered federal lists of candidates (their authorized
representatives) be invited to the meeting not later than three days before the
day of each meeting.
7. Security at election-related mass events shall
be ensured by the state bodies in accordance with legislation of the Russian
Federation .
1. Registered candidates, electoral associations
(electoral) blocs which registered federal lists of candidates shall be free to
issue printed, audiovisual and other propaganda materials in the procedure
established by legislation of the Russian Federation.
2. Advertising agencies which are founded
(co-founded) by state or municipal bodies, organizations, institutions or which
were financed by not less than 15 percent of their budget in the year preceding
the year of official publication of the decision to call the election from the
funds allocated by federal bodies of state power, bodies of state power of
Subjects of the Russian Federation, bodies of local self-government shall
publish propaganda materials of candidates registered in single-mandate
electoral districts as well as electoral associations, electoral blocs on equal
terms and conditions.
3. All printed, audiovisual and other propaganda
materials (less the materials to be distributed pursuant to Articles 56 and 57
of this Federal Law) shall contain the names and legal addresses of the
organizations (the first, middle and last names and the places of residence of
the persons) that prepared printed materials, the name of the organization (the
first, middle and last name of the person) that placed an order for printing
the given materials and information about the number of copies printed and the
date of publication.
4. Prior to their distribution printed,
audio-visual and other election propaganda materials or their copies shall be submitted
to the appropriate district election commission or territorial election
commission by a registered candidate or to the election commission of a Subject
of the Russian Federation or the Central Election Commission of the Russian
Federation by an electoral association, electoral bloc. Along with the
aforementioned materials the appropriate election commission shall be furnished
with the information concerning the location (place of residence) of
organizations (persons) that have produced and ordered these materials. Printed
election propaganda materials shall not be produced and distributed without a
written consent of appropriate registered candidates, electoral associations,
electoral blocs.
5. Distribution of election propaganda materials
in violation of the requirements set forth in Clauses 3 and 4 of this Article
shall not be allowed.
6. Not later than 30 days prior to voting day, on
the recommendation of a district commission the bodies of local self-government
shall designate and equip special places for displaying printed election
propaganda materials in the territory of each electoral precinct. Such places
shall be convenient for voters to visit and be arranged so that voters could
read information displayed thereon. Candidates registered in the given
electoral district, electoral associations, electoral blocs which registered
federal lists of candidates shall be given equal areas for displaying their
printed election propaganda materials. Candidates registered in a
single-mandate electoral district as well as authorized representatives of
electoral associations, electoral blocs which registered federal lists of
candidates may apply to the appropriate district election commission for a list
of places designated for the display of printed election propaganda materials.
7. In cases which are not provided by Clause 6 of
this Article printed election propaganda materials may be also displayed
(posted) indoors, on buildings, structures or other objects only with the
consent of the proprietor or owner of the said objects.
8. Printed propaganda materials shall not be hung
(posted, displayed) on monuments, obelisks, buildings, structures and premises
of historic, cultural or architectural value, inside the premises of election
commissions and voting premises or at the entrance thereto.
9. The election commission which was informed
about distribution of false printed, audiovisual and other election propaganda
materials or about distribution of election propaganda materials in violation
of provisions of Clauses 3, 4, 7 and 8 of this Article shall take appropriate
measures to stop these activities and shall be entitled to request appropriate
law enforcement and other bodies to put an end to unlawful election campaigning
and seize unlawful printed election propaganda materials.
1. Misuse of the freedom of mass information in
the conduct of election campaigning shall not be allowed. Election programs of registered
candidates, electoral associations, electoral blocs, election propaganda
materials and speeches at meetings and rallies, articles in the mass media
shall not contain calls for seizure of power, violent change of the
constitutional system and breaking of the integrity of the Russian Federation,
propaganda of war. Propaganda exciting social, racial, national, religious
hatred or enmity, misuse of the freedom of mass information in other forms
banned by legislation of the Russian Federation shall be prohibited. Propaganda
in violation of legislation of the Russian Federation on intellectual property
shall be prohibited.
2. Candidates, registered candidates, electoral
associations, electoral blocs and their authorized representatives, agents 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 tangible assets otherwise than for the performance of organizational work
(attendance at voting premises, collection of voter signatures and other
propaganda-related 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 of charge any goods
other than printed materials (including illustrated materials) and badges
specially prepared for the election campaign; render services free of charge or
at reduced prices. While conducting election campaigning registered candidates,
electoral associations, electoral blocs and their authorized representatives or
other persons and organizations shall not influence voters by giving them
money, securities, other tangible assets (inter alia depending on the voting
results) and by rendering services other than on the basis of decisions of
bodies of state power and local self-government made in accordance with federal
laws.
3. In the course of the election campaign the
business and other activities of candidates, registered candidates, electoral
associations, electoral blocs, agents and authorized representatives of
electoral associations, electoral blocs, agents of registered candidates and
the organizations whose founders, owners, possessors are and/or whose governing
bodies include the said persons shall be advertised only for the account of the
appropriate electoral fund on the grounds provided in Clause 17 Article 56,
Clauses 14 and 20 Article 57 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 the TV and radio broadcasting organizations
indicated in Clauses 1 and 4 Article 55 of this Federal Law and editorial
offices of the periodicals indicated in Clauses 1 and 4 of this Federal Law
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 the periodicals cannot
give a 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. A failure to provide 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 the TV and radio broadcasting organizations indicated in
Clauses 1 and 4 Article 55 of this Federal Law and in the periodicals indicated
in Clauses 1 and 4 Article 55 of this Federal Law 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 ground for bringing
to responsibility these TV and radio broadcasting organizations, editorial offices
of the periodicals and their officials undery Russian Federation laws.
5. If a registered candidate, an electoral
association, electoral bloc which registered a federal list of candidates
breaches Clause 1 of this Article, the election commission shall and other
bodies, organizations and citizens specified in Clause 1 of Article 90 of this
Federal Law may apply to a court for withdrawal of the registration of the
candidate, federal list of candidates. If a registered candidate, an electoral
association, electoral bloc which registered a federal list of candidates
breaches other election campaigning rules laid down by this Federal Law, an
election commission may by its decision issue a warning to the candidate, the
electoral association, electoral bloc, or request appropriate law-enforcement
and other bodies to put an end to unlawful propaganda activities and in this
case the election commission shall be entitled to annul the decision on
registration of the candidate, federal list of candidates. The appropriate
decision of the election commission shall be submitted to the mass media.
6. Law enforcement and other bodies shall take
measures to stop illegal 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 source from which they are
paid for and promptly inform the appropriate election commission about the
facts established and measures taken.
7. 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 appropriate election commission may apply to law
enforcement bodies, courts, executive bodies of state power which implement the
state policy vis-a-vis the mass media and request them to stop the illegal
propaganda activities and bring the TV and radio broadcasting organizations,
editorial office, their officials to responsibility as provided by Russian
Federation laws.
1. The expenses related to preparation and conduct
of the election of deputies of the State Duma and the activities 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 deputies of the State Duma shall
be placed at the disposal of the Central Election Commission of the Russian
Federation within 10 days of the date on which the decision to call the
election was officially published.
3. In the event of an early election of deputies
to the State Duma the amount of funds allocated from the federal budget for
their preparation and conduct 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 in the preparation and conduct of the previous election of
deputies of the State Duma (with due account for changes in the minimum wage
established by federal law as of the day on which the decision to call (hold)
the previous election of deputies of the State Duma was officially published).
4. If insufficient funds have been allocated from
the federal budget for holding elections to the State Duma, including an early
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 in
the preparation and conduct of the similar previous election of deputies of the
State Duma (with due account for the change in the minimum wage established by
federal law as of the day on which the decision to call the previous election
of deputies of the State Duma 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 state
guarantees for the obligation to repay the credits, including interest thereon.
The received credits and interest thereon shall be repaid from the federal budget.
Allocations for meeting this debt obligation shall be approved by a federal
budget law for the coming fiscal year.
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 deputies of the State Duma to the commissions of
Subjects of the Russian Federation, which shall remit the received funds to
district and territorial election commissions not later than 60 and 40 days,
respectively, prior to voting day and shall monitor timely transfer of funds to
the territorial election commissions. In the event of by-elections or early
elections of deputies of the State Duma and if the election is not funded in
due time or in full, the election commissions shall distribute and remit funds
as they come in.
6. Chairmen of election commissions shall manage
the funds allocated for the preparation and conduct of the election of deputies
to the State Duma and shall be responsible for the compliance of financial documents
with the decisions taken by election commissions on financial matters and also
shall ensure that the financial reports regarding the spending of the said
funds are submitted as and when established by this Federal Law.
7. After the end of the election of deputies of
the State Duma unspent amounts of the funds received from the federal budget
shall remain on the accounts of permanent election commissions, with the
exception of permanent territorial election commissions, and shall be used as
prescribed by this Federal Law.
8. The unspent amount of credits shall be returned
by the Central Election Commission to the bank from which they were obtained
not later than three months from the date on which the general election results
were officially published.
1. A candidate nominated in a single-mandate
electoral district, an electoral association, electoral bloc which has
nominated a federal list of candidates shall establish their own electoral
funds. A candidate running for election only on a federal list of candidates,
an electoral association, electoral bloc which has nominated candidates only in
single-mandate electoral districts shall not establish their own electoral
funds.
2. Electoral funds of candidates, registered
candidates nominated in single-mandate electoral districts may be formed only
from the following sources:
(a) the own money of a candidate, registered
candidate, which shall not exceed one thousand times the minimum wage
established by federal law as of the date on which the decision to call (hold)
the election was officially published;
(b) amounts allocated to a candidate, a registered
candidate by the electoral association which nominated him/her (from sources
other than the electoral fund of the electoral association), electoral
associations of the electoral bloc that nominated him/her (from sources other
than the electoral fund of the electoral bloc), which shall not exceed 5
thousand times the minimum wage established by federal law as of the date on
which the decision to call (hold) the election was officially published;
(c) money allocated by a district election
commission to a registered candidate not later than 40 days before voting day,
the amount of money being the same as that allocated to other candidates
registered in the given single-mandate electoral district, save as provided
otherwise in this Federal Law;
(d) voluntary donations of individuals and legal
entities in the amount not exceeding 100 times (for each citizen) and two
thousand times (for each legal entity) the minimum wage established by federal
law as of the date on which the decision to call the election was officially
published.
3. The maximum amount of all expenditures from an
electoral fund of a candidate (registered candidate) from his/her electoral
fund shall not exceed 10 thousand times the minimum wage established by federal
law as of the date on which the decision to call (hold) the election was
officially published.
4. Electoral funds of electoral associations,
electoral blocs may be formed only from the following sources:
(a) the own monetary resources of an electoral
association, electoral bloc, which shall not exceed 100 thousand times the
minimum wage established by federal law as of the date on which the decision to
call the election was officially published. The monetary resources of an
electoral bloc shall be formed by the sums transferred to the electoral bloc by
the electoral associations which established the bloc;
(b) the funds allocated by the Central Election
Commission of the Russian Federation to electoral associations, electoral blocs
not later than 40 days before voting day save as provided otherwise in this
Federal Law.
(c) voluntary donations of individuals and legal
entities. The amount of voluntary donations shall not exceed more than 150
times (for each citizen) and 20 thousand times (for each legal entity) the
minimum wage established by federal law as of the date on which the decision to
call (hold) the election was officially published.
5. The maximum amount of all expenditures from an
electoral fund of an electoral association, electoral bloc shall not exceed 250
thousand times the minimum wage established by federal law as of the date on
which the decision to call (hold) the election was officially published.
6. No donations to electoral funds of candidates,
registered candidates, electoral associations, electoral blocs shall be allowed
from:
(a) foreign
states, and foreign legal entities;
(b) foreign citizens;
(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 to the State Duma was officially published;
(f) international organizations and international
public movements;
(g) bodies of state power and local
self-government;
(h)
state-owned and municipal enterprises, institutions and organizations;
(i) legal
entities with a state or municipal share in their charter (authorized) capital
exceeding 30 per cent as of the date on which the decision to call (hold) the
election was officially published;
(j)
military units, 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, date of
registration, bank account; the note concerning 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 about the absence of presence of foreign
investment in the charter (authorized) capital (indicating its share);
(m) legal entities registered less than a year
before voting day.
7. The electoral funds shall be managed by candidates,
registered candidates, electoral associations, electoral blocs that have formed
the fund. The resources of electoral funds shall be purpose-oriented. They may
be used only for:
(a) funding of organizational-technical
arrangements for the collection of signatures in support of nomination of a
candidate (federal list of candidates) including remuneration of persons who
were 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;
(d) payment of the electoral deposit.
8. A candidate, registered candidate, an electoral
association, electoral bloc shall not use any sums of money to make payments
for collection of voter signatures, conduct of the election campaign, holding
of other election events other than those which have been deposited in the
accounts of their electoral funds. A candidate, registered candidate, an
electoral association, electoral bloc may use only the sums which were remitted
by senders to the special electoral accounts of their electoral funds prior to
voting day in accordance with a procedure established by this Federal Law.
These provisions shall not apply to the activity of political public
associations paid for from their accounts, if this activity is not related to
their election campaigns and is not election propaganda save as provided
otherwise in Clause 4 Article 41 and Clause 8 Article 48 of this Federal Law.
1. A candidate nominated in a single-mandate
electoral district shall open a special electoral account of his/her electoral
fund in the given electoral district after the appropriate district election
commission has been notified about nomination of this candidate or after a copy
of the list of candidates nominated in single-mandate electoral districts has
been submitted to this district election commission upon certification by the
Central Election Commission of the Russian Federation, but not later than five
days prior to the day on which documents for the registration of the given
candidate are submitted to the district election commission
2. An electoral association, electoral bloc shall
open a special electoral account for the formation of its electoral fund after
it receives a copy of the federal list of candidates certified by the Central
Election Commission of the Russian Federation but not later than five days
prior to the day on which documents for registration of the federal list are
submitted to the Central Election Commission of the Russian Federation.
3. Special electoral accounts for formation of
electoral funds shall be opened with branches of the Savings Bank of the
Russian Federation. A candidate, an electoral association, electoral bloc may
open only one special electoral account in the given electoral district. Upon
presentation of documents required by and executed in accordance with this
Federal Law a branch of the Savings Bank of the Russian Federation shall,
without any delay, open a special electoral account for a candidate, an
electoral association, electoral bloc. 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 thereon. All funds deposited in special electoral
accounts shall be in the currency of the Russian Federation.
4. A candidate running for election in a single-mandate
electoral district shall open a special electoral account in this district on
the basis of a document issued by a district election commission or, if a
district election commission has not been formed, by the election commission of
a Subject of the Russian Federation, within three days after the appropriate
election commission receives a notice of the nomination of the candidate or a
copy of a list of candidates nominated in single-mandate electoral districts
certified by the Central Election Commission of the Russian Federation, other
documents to be submitted in pursuance of Articles 37 and 38 of this Federal
Law. A candidate, registered candidate may, in an established procedure, ask
other persons to open a special electoral account for his/her electoral fund. A
candidate, registered candidate may authorize other persons to manage funds on
this account by giving a written notice to this effect to the appropriate
election commission. An electoral association, electoral bloc shall open a
special electoral account on the basis of a document to be issued by the
Central Election Commission of the Russian Federation after it certifies a copy
of a federal list of candidates, simultaneously with registration of authorized
representatives of an electoral association, electoral bloc for financial
matters. The responsibility for the violation of election campaign funding
rules established by this Federal Law for a candidate, registered candidate, an
electoral association, electoral bloc shall be borne personally by the
candidate, registered candidate, by the electoral association, electoral bloc.
5. If, after opening a special electoral account,
a candidate, registered candidate changes the electoral district by a decision
of an electoral association, electoral bloc in a procedure established in
Clause 10 Article 38 of this Federal Law, this candidate, registered candidate
shall return the money remaining on this account to legal entities and natural
persons that made donations (transfers) to the electoral fund, in proportion to
the amounts paid by them, minus the postage, and the money paid as an electoral
deposit (if the deposit was paid) in a procedure established in Article 64 of
this Federal Law. After that the candidate, registered candidate shall submit the
final financial report to the district election commission of the given
electoral district and a copy of the financial report to the district election
commission of the new electoral district. A special electoral account shall be
opened in the new electoral district in a procedure established by this Federal
law.
6. Candidates upon their registration and
electoral associations, electoral blocs upon registration of their federal
lists of candidates shall continue to maintain their own special electoral accounts
to finance their election campaign, including election campaigning. A
registered candidate may have only one special electoral account.
7. All financial operations for the payment of
expenses from special electoral accounts of electoral funds of registered
candidates, electoral associations, electoral blocs with registered federal
lists of 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, electoral associations, electoral blocs
that have not submitted registration documents to the appropriate election
commission in a procedure established by this Federal Law or 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 have recalled a federal list of candidates or
whose registration has been annulled shall be discontinued by the branches of
the Savings Bank of the Russian Federation on the instruction of the
appropriate election commission.
8. Based on an application of a candidate,
registered candidate, an electoral association, electoral bloc a district election
commission, the Central Election Commission of the Russian Federation,
respectively, may extend the period for the performance of the following
financial operations:
(a) for a candidate, an electoral association,
electoral bloc that have not registered its federal list - payment for work
(services, goods) performed (rendered, acquired) prior to the date on which the
registration was denied, the candidate was recalled by the electoral
association, electoral bloc, the candidate withdrew his/her statement with a
consent to run, the electoral association, electoral bloc recalled the federal
list of candidates, before the deadline established by this Federal Law for
submission of signature lists and other documents for registration,
respectively;
(b) for a
registered candidate who has withdrawn his/her candidature, has been recalled
by an electoral association, electoral bloc, for an electoral association,
electoral bloc which has recalled its federal list of candidates, for a
registered candidate whose registration has been annulled, for an electoral
association, electoral bloc the registration of whose federal list has been
annulled - payment for work (services, goods) performed (rendered, acquired)
before the date of the decision to annul registration, withdrawal of the
candidature, recalling of the registered candidate, federal list of candidates,
respectively;
(c) for other registered candidates, electoral
associations, electoral blocs - payment for work (services, goods) performed
(rendered, acquired) before voting day.
1. Within ten days after official publication of a
decision to call (hold) the election the Central Election Commission of the
Russian Federation, the election commission of a Subject of the Russian
Federation shall request branches of the Savings Bank of the Russian Federation
to open a special account to accept electoral deposits from candidates,
electoral associations, electoral blocs. Within five days of the date of the
request of the Central Election Commission of the Russian Federation, the
election commission of a Subject of the Russian Federation branches of the
Savings Bank of the Russian Federation shall open a special account of the
appropriate election commission to accept electoral deposits. The bank shall
charge no fee for opening and servicing the account and shall pay no interest
on the funds kept thereon. Branches of the Savings Bank of the Russian
Federation shall remit funds paid as electoral deposits not later than the next
day after the deposit was paid. The total period for processing a non-cash
payment shall not exceed two business days.
2. The appropriate election commission, or, if it
has not been formed, the election commission of a Subject of the Russian
Federation shall advise a candidate nominated in a single-mandate electoral
district of the number of the special account of the election commission of the
given Subject of the Russian Federation opened at a branch of the Savings Bank
of the Russian Federation for payment of an electoral deposit when it receives
the candidate’s statement expressing the consent to run or, if the account has
not yet been opened, immediately after its opening. The Central Election
Commission of the Russian Federation shall advise an electoral association,
electoral bloc of the number of the commission’s special account at a branch of
the Savings Bank of the Russian Federation for payment of electoral deposits
when the it certifies a federal list of candidates of the electoral
association, electoral bloc or, if the account has not yet been opened,
immediately after its opening.
3. Within three days upon formation of a district
election commission, the election commission of a Subject of the Russian
Federation shall advise the district election commission of the number of the
special account for payment of electoral deposits and shall keep it informed
about payment by candidates of electoral deposits into the special account of
the election commission of the Subject of the Russian Federation for the
payment of electoral deposits as such deposits are paid by candidates nominated
in single-mandate electoral districts.
4. An electoral deposit for a candidate shall be
equal to one thousand times the minimum wage established by a federal law as of
the day of official publication of a decision to call (hold) the election of
deputies to the State Duma. An electoral deposit for an electoral association,
electoral bloc shall be equal to 25 thousand times the minimum wage established
by the federal law as of the day of official publication of a decision to call
(hold) the election of deputies to the State Duma.
5. A candidate, an electoral association,
electoral bloc shall pay the full amount of the electoral deposit in a lump sum
out of their electoral funds into the special account of the appropriate
election commission for the payment of electoral deposits not earlier than 85
and not later than 55 days before voting day. A candidate, an electoral
association, electoral bloc may pay the electoral deposit using money that was
contributed to their electoral funds with and without a proviso that the money
was to be used for payment of an electoral deposit. When paying an electoral
deposit a candidate, an electoral association, electoral bloc shall indicate the
purpose of the payment and the following information: a candidate shall
indicate his/her first, middle and last name, the number of the electoral
district, an electoral association, electoral bloc, their name. When remitting
money out of the electoral fund to the special account of the appropriate
election commission a candidate, an electoral association, electoral bloc shall
inform in writing the election commission which registers the candidates,
federal list of candidates about the source (sources) from which this money was
contributed to the special electoral account of the candidate, the electoral
association, electoral bloc indicating the first, middle and last name, place
of residence, the date of birth of an individual donor, the name and the number
of the bank account of a corporate donor.
6. Individual persons and/or legal entities
contributing money to the electoral fund of a candidate, an electoral
association, electoral bloc may indicate that this money or a part thereof is
intended for payment of an electoral deposit. In this case, the candidate, the
electoral association, electoral bloc shall not use this money for purposes
other than payment of an electoral deposit. If this money or a part thereof has
not been used for payment of an electoral deposit, the candidate, the electoral
association, electoral bloc shall return it (minus postage) to individual
persons and legal entities which donated (remitted) this money, not later than
10 days after expiration of the period for the registration of candidates,
federal lists of candidates.
7. If a candidate, an electoral association,
electoral bloc has paid an electoral deposit into the special account of the
appropriate election commission in a larger amount than established by Clause 4
of this Article, the excess amount shall be returned to his/her (its) electoral
fund by the appropriate election commission within ten days after the day on
which the electoral deposit was paid into the special account. If a candidate,
an electoral association, electoral bloc has paid an electoral deposit into the
special account of the appropriate election commission in a smaller amount than
established by Clause 4 of this Article or if an electoral deposit has been
paid after expiration of the time for submission of documents for registration
of candidates, federal lists of candidates, the remitted money shall be
returned to the appropriate electoral fund by the election commission within 20
days after the day on which it was paid into the special account. If a candidate
withdraws his/her statement of consent to run, a registered candidates
withdraws his/her candidature, an electoral association, electoral bloc recalls
a candidate, registered candidate, federal list of candidates (save the cases
provided by Clause 15 Article 51 of this Federal Law), an electoral district
where a candidate is nominated is changed in accordance with Clause 10 Article
38 of this Federal law, registration of a candidate, federal list of candidates
is denied (provided the denial is not due to the reasons set forth in Clause 2
Article 91 of this Federal Law), the paid electoral deposit shall be returned
by the election commission to the appropriate electoral fund within ten days
after the day on which the electoral association, electoral bloc, candidate,
registered candidate submits an appropriate statement (notification) to the
Central Election Commission of the Russian Federation, the election commission
of a Subject of the Russian Federation, the district election commission, after
the day on which registration was denied.
8. If a candidate, federal list of candidates has
been registered on the basis of submitted voter signatures an electoral deposit
paid into the special account of the election commission by this candidate,
registered candidate, electoral association, electoral bloc shall be returned
to the corresponding electoral fund within ten days after the date of the
registration of the candidate, federal list of candidates.
9. If, according to voting returns, a registered
candidate has received not less than five percent of the total number of votes
cast by voters who took part in the voting in a single-mandate electoral
district or has been elected and if, according to voting returns, a federal
list of candidates nominated by an electoral association, electoral bloc has
received not less than three percent of the total number of votes cast by
voters who took part in the voting in the federal electoral district or the
federal list of candidates has gained the right to participate in the
distribution of deputy mandates, the electoral deposit paid by the candidate,
the electoral association, electoral bloc shall be returned by the appropriate
election commission to the electoral fund of the registered candidate, the
electoral association, electoral bloc within five days after the day of
official publication of the voting returns.
10. An electoral deposit that is not to be
returned in accordance with Clauses 7 - 9 of this Article shall be remitted by the
appropriate election commission to the federal budget within 60 days after
voting day.
11. Within ten working days after an electoral
deposit has been returned to their special electoral accounts by the
appropriate election commission, a candidate, registered candidate, an
electoral association, electoral bloc shall return the money (minus postage) to
individual persons and legal entities that made contributions to the electoral
fund with a proviso that the contributed money was to be used for the payment
of an electoral deposit. The remaining part of the electoral deposit, if any.
returned by the election commission shall be included in the balance of the
unspent money of the electoral fund of the candidate, registered candidate, the
electoral association, electoral bloc.
12. The money paid as an electoral deposit shall
be remitted to the federal budget by branches of the Savings Bank of the
Russian Federation on the basis of a decision of the appropriate election
commission. An election commission shall not use money paid as an electoral
deposit in a manner other than that established by this Article.
1. Voluntary donations to electoral funds of
candidates. registered candidates, electoral associations, electoral blocs
shall be remitted personally by citizens of the Russian Federation and accepted
by post offices or credit institutions only upon production of a passport or an
equivalent identity paper showing the donor’s first, middle and last name, date
of birth and full address of the place of residence.
2. Voluntary donations to electoral funds of
candidates, registered candidates, electoral associations, electoral blocs
shall be made by means of non-cash transfers to a special electoral account,
with the legal entity making a special note indicating 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, taxpayer
identification number, bank data.
3. Voluntary donations of individual persons and
legal entities shall be remitted (credited) to a special electoral account by
post offices and credit institutions not later than the next business day after
receipt of the payment order. A non-cash payment shall be processed in not more
than two business days within a Subject of the Russian Federation and five days
within the Russian Federation.
4. A candidate, registered candidate, an electoral
association, electoral bloc may return any donation, with the exception of
anonymous ones, to donors. If voluntary donations to electoral funds of
candidates, registered candidates or to electoral funds of electoral
associations, electoral blocs came from individual persons or legal entities
that have no right to make such donations or in an amount exceeding that
established by Article 62 of this Federal Law, the candidates, registered
candidates, electoral associations, electoral blocs shall, within ten days
after the donations were deposited into the special electoral account, return
them to the donors fully or in an amount exceeding the maximum limit of
donations, minus postage, indicating the reasons for the return. A candidate, registered
candidate, an electoral association, electoral bloc shall not be held
responsible for acceptance of donations whose donor falsified the data required
under Clauses 1 and 2 of this Article, if they were not informed of the
inadmissibility of these donations in due time.
5. Within ten days after anonymous donations have
been deposited into the special electoral account a candidate, registered
candidate, an electoral association, electoral bloc shall remit these donations
to the federal budget.
6. Individual persons and legal entities may
financially support the activities conducive to nomination and election of a
candidate, registered candidate, federal list of candidates only through
appropriate electoral funds. 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, authorized representatives of an electoral
association, electoral bloc for financial matters to the performance of the
work, sale of the goods, provision of services and to payment therefor from the
corresponding 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
activity of a candidate, registered candidate, an electoral association,
electoral bloc only if it is paid for from the electoral funds of the
corresponding candidate, registered candidate, electoral association, electoral
bloc. In the course of an election campaign an individual person may perform
work for and render services to a candidate, registered candidate, an electoral
association, electoral bloc voluntarily, personally and free of charge, without
involvement of third persons.
1. The procedure for opening and maintaining
special electoral accounts, keeping records and presenting reports as well as
the forms of reports of candidates, registered candidates, electoral
associations, electoral blocs with regard to the money contributed to and spent
from their electoral funds shall be determined by the Central Election
Commission of the Russian Federation and agreed upon with the Central Bank of
the Russian Federation. A candidate, registered candidate, an electoral
association, electoral bloc shall keep records of the money contributed to and
spent from their electoral funds.
2. Candidates, registered candidates, electoral
associations, electoral blocs shall file financial reports with appropriate
election commissions within the following periods:
(a) the first financial report – when the
documents required for registration are submitted to the appropriate election
commission as prescribed by this Federal Law; the report shall be drawn up as
of the date seven days before the date of the report;
(b) the second financial report - not earlier than
20 days and not later than 10 days before voting day; the report shall be drawn
up as of the date five days before submission of the report;
(c) the final financial report – not later than 30
days after the official publication of election results. The final financial
report shall be submitted together with the primary financial documents
confirming contribution of money to and expenditure of sums from an electoral
fund as well as the materials indicated in Clause 3 Article 59 of this Federal
Law.
3. If a candidate, registered candidate has lost
his/her status, the obligation to submit the financial report shall be
submitted by a person who was a candidate, registered candidate. The financial report
of an electoral association, electoral bloc shall be submitted by an authorized
representative of the electoral association, electoral bloc for financial
matters and, in the absence of such a representative, by some other person
authorized to represent the political public association which participated in
the election campaign as an electoral association or within an electoral bloc.
4. The copies of financial reports of registered
candidates, electoral associations, electoral blocs which registered federal
lists of candidates shall be handed over to the mass media by the appropriate
election commission within five days upon the receipt thereof.
5. At least once a week and at least once during
three business days within the period of less than ten days prior to voting
day, the branches of the Savings Bank of the Russian Federation shall furnish
district election commissions, the Central Election Commission of the Russian
Federation with the information concerning the receipt and expenditure of money
on special electoral accounts of, respectively, candidates, registered
candidates, electoral associations, electoral blocs according to the form to be
determined by the Central Election Commission of the Russian Federation.
Periodically, but at least once every two weeks before voting day, the
appropriate district election commission, the Central Election Commission of
the Russian Federation shall furnish information about sums contributed to and
spent from electoral funds to the mass media for publication. The appropriate
election commission shall disclose the information supplied by the branches of
the Savings Bank of the Russian Federation about sums contributed to and spent
from electoral funds to registered candidates, electoral associations, electoral
blocs which have registered federal lists of candidates and to the mass media
on their official requests.
6. The periodicals indicated in Clauses 2 and 3 of
this Federal Law shall publish information furnished by the appropriate
election commissions about sums contributed to and spent from electoral funds.
The following information shall be subject to mandatory publication:
(a)
financial operations which involve expenditure of money from the
electoral fund in an amount exceeding the minimum wage established by law as of
the date of official publication of a decision to call (hold) election of
deputies of the State Duma by more than 2 thousand times for an electoral
association, electoral bloc and 500 times for a candidate, registered
candidate;
(b) legal
entities which donated sums to the electoral fund exceeding the minimum wage
established by law as of the date of official publication of a decision to call
(hold) election of deputies of the State Duma by more than one thousand times
for an electoral association, electoral bloc and 250 times for a candidate,
registered candidate;
c) the number of people who have donated sums to
the electoral fund exceeding 50 minimum wages established by law as of the date
of official publication of a decision to call (hold) the election of deputies
of the State Duma;
d) sums returned to donors and reasons therefor;
e) the total amount of money remitted to the
electoral fund and the total amount of money spent therefrom.
7. Within five days upon receipt from the
appropriate election commissions of a list of legal entities which have made
voluntary donations to the electoral funds of candidates. registered
candidates, electoral associations, electoral blocs the bodies of state power
of the Russian Federation, the bodies of state power of Subjects of the Russian
Federation, the bodies and organizations authorized by them, which are in
charge of registration of legal entities shall furnish to these commissions,
free of charge, the information indicating the founders of the organizations;
the 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,
electoral associations, electoral blocs the appropriate election commission
shall promptly present to them the information which it has at its disposal as
of the date of the request. If an election commission receives information
about donations made in violation of Clause 6 Article 62 of this Federal Law,
this information shall be promptly made known to the appropriate candidates,
registered candidates, electoral associations, electoral blocs.
1. Prior to submission of the final financial
report but not before an election commission returns the electoral deposit (if
such a deposit was paid) a candidate who has not been registered by the
appropriate election commission, an electoral association, electoral bloc which
has not registered its federal list of candidates shall return the unspent sums
remaining in their electoral funds to the organizations and individual persons
that have donated money to their electoral funds, in proportion to the
contributed amounts, minus postage. The money shall be returned in accordance
with a procedure established by Article 64 of this Federal Law.
2. A registered candidate who, according to voting
returns, has received not less than three percent of the total number of votes
cast by voters who took part in the voting in a single-mandate electoral
district or who has been declared elected, as well as a registered candidate
who has withdrawn his/her candidature before voting day because of compelling
reasons, an electoral association, electoral bloc with a registered federal
list of candidates which has received not less than 2 percent of the total
number of votes cast by voters who took part in the voting in the federal
electoral district or which has taken part in the distribution of deputy
mandates as well as an electoral association, electoral bloc which has recalled
a federal list of candidates because of compelling reasons shall, within 30
days after voting day, return unspent money remaining in their electoral funds
to the appropriate election commission, in proportion to the amounts remitted
to the electoral funds by the election commission. Upon the elapse of the
aforementioned period the money due to the election commission shall be remitted
to its account by a branch of the Savings Bank of the Russian Federation on a
mandatory written instruction of the election commission.
3. After returning the money to the appropriate election
commissions but before submitting the final financial report a registered
candidate, an electoral association, electoral bloc coming within Clause 2 of
this Article shall, with the concurrence of the appropriate election
commission, remit unspent sums remaining in their electoral funds, minus
postage, to the organizations and individual persons that have made donations
to their electoral funds, in proportion to the donated amounts.
4. Within 30 days after voting day, a registered
candidate, an electoral association, electoral bloc that do not come within
Clause 2 of this Article shall return the full amount of money that was
remitted by the appropriate election commission for the formation of their
electoral funds in accordance with this Federal Law and for payment of travel
expenses. Upon the elapse of the aforementioned period the money due to the
election commission shall be remitted to its account by a branch of the Savings
Bank of the Russian Federation on a mandatory written instruction of the
election commission.
5. An electoral association, electoral bloc which
does not come within Clause 2 of this Article shall fully compensate TV and
radio broadcasting organizations and editorial offices of periodicals coming
within Clauses 2 and 3 Article 55 of this Federal Law for the cost of free air
time and free printing space provided by them. Such compensation shall be paid
by the electoral associations, electoral blocs out of their electoral funds
before submission of the final financial report.
6. Within three days after official publication of
the general election results the appropriate election commission shall notify
registered candidates, electoral associations, electoral blocs that do not come
within Clause 2 of this Article about the return of sums allocated from the
budget to their electoral funds and for payment of travel expenses in
accordance with this Federal Law, indicating the sums to be returned.
7. Within three days after official publication of
the general election results the Central Election Commission of the Russian
Federation shall furnish TV and radio broadcasting organizations and editorial
offices of periodicals indicated in Clauses 2 and 3 Article 55 of this Federal
Law with a list of electoral associations, electoral blocs coming within Clause
5 of this Article and of electoral associations comprised in electoral blocs
coming within Clause 5 of this Article, their legal addresses and certified
copies of excerpts from the joint decisions of the electoral blocs concerning the
procedure of payment of compensation for the free air time and free printing
space provided to them.
8. Within ten days after publication of the
general election results TV and radio broadcasting organizations and editorial
offices of periodicals indicated in Clauses 2 and 3 Article 55 of this Federal
Law shall inform each electoral association, electoral bloc coming within
Clause 5 of this Article and each electoral association comprised in electoral
blocs coming within Clause 5 of this Article about the amount and cost of free
air time and free printing space provided to them and about their own legal
addresses and bank accounts.
9. The cost of free air time and free printing
space shall be determined on the basis of the amount of air time and printing
space made available to electoral associations, electoral blocs as provided in
Clauses 5 and 6 Article 56 and Clauses 4 and 5 Article 57 of this Federal Law
and the rates set and announced by the TV and radio broadcasting organizations
and editorial offices of periodicals as provided in Clause 12 Article 56 and
Clause 9 Article 57 of this Federal Law. If electoral associations, electoral
blocs with registered federal lists of candidates used free air time for joint
campaigning events indicated in Clause 7 Article 56 of this Federal Law, the
sums to be returned by each of them shall be determined in equal shares by the
TV and radio broadcasting organizations depending on the total number of the
participants (electoral associations, electoral blocs) in each of the said
joint campaigning events in which they took part. No monetary compensation
shall be paid for free air time and free printing space if an electoral
association, electoral bloc officially refused to use free air time, free
printing space provided to them in a procedure and within time limits indicated
in Clause 15 Article 56 and Clause 12 Article 57 of this Federal Law.
10. A registered candidate, an electoral
association, electoral bloc that do not come within Clause 2 of this Article
shall not return any sums remaining unspent in their electoral funds to the
organizations and individual persons that made donations or sent remittances to
their electoral funds before money has been returned to the appropriate
election commission and before the electoral association, electoral bloc has
compensated TV and radio broadcasting organizations and editorial offices of
periodicals for the cost of free air time and free printing space. In this
case, the first priority of an electoral association, electoral bloc shall be
to return money to the election commission. After money has been returned to
the election commission and after TV and radio broadcasting organizations and
editorial offices of periodicals have been compensated for the cost of the
provided free air time and free printing space a registered candidate, an
electoral association, electoral bloc that do not come within Clause 2 of this
Article shall remit the unspent sums remaining in their electoral funds to the
accounts of individual persons and legal entities that have made donations in
proportion to the amounts thereof.
11. Upon the elapse of 60 days after voting day,
on a written instruction of the appropriate election commission branches of the
Savings Bank of the Russian Federation shall remit sums remaining on the
special electoral accounts of electoral funds of candidates, registered
candidates, electoral associations, electoral blocs to the federal budget.
12. If an electoral fund is short of or has no
money, a registered candidate, an electoral association, electoral bloc shall
return budget funds to the appropriate election commission and electoral
associations, electoral blocs shall compensate for the cost of free air time
and free printing space provided to them from their own funds. In this case, if
an obligation to return money allocated from the federal budget to the
electoral fund and for payment of travel expenses and to compensate for the
cost of free air time and free printing space is borne by an electoral bloc,
the amount of money to be returned (refunded) shall be equally divided between
electoral associations that were comprised in the given bloc as of voting day,
unless provided otherwise in a joint decision on the formation of the bloc
submitted earlier to the Central Election Commission of the Russian Federation.
13. A registered candidate who does not come
within Clause 2 of this Article and who failed to meet the requirements of
Clause 4 of this Article before submission of the final financial report may
return budget funds to the account of the election commission of a Subject of
the Russian Federation in the territory of which the given electoral district
is located within 12 months after voting day, if, when filing the final
financial report on the formation and expenditure of the electoral fund in due
time established by this Federal Law, he/she submits a personal statement
wherein he/she assumes an obligation to repay the debt.
14. An electoral association, electoral bloc which
does not come within Clause 2 of this Article and failed to meet the
requirements of Clauses 4 and 5 of this Article before submission of the final
financial report may return budget funds to the account of the Central Election
Commission of the Russian Federation and compensate TV and radio broadcasting
organizations and editorial offices of periodicals for the cost of free air
time and free printing space within 12 months after voting day if, when filing
the final financial report in due time established by this Federal Law they
submit statements to, respectively, the Central Election Commission of the
Russian Federation and TV and radio broadcasting organizations and editorial
offices of periodicals wherein they assume an obligation to repay the debt (pay
the compensation). In the event of a default on the obligations assumed in the
statements the money shall be collected on the basis of a court order upon the
elapse of the period for the return of the money indicated in the statements.
15. If the obligations assumed in the statements
submitted under Clauses 13 and 14 of this Article are not fulfilled, the money
shall be collected on the basis of a court order upon expiration of the time
indicated in the statements for the return of the money. If a registered
candidate, an electoral association, electoral bloc that do not come within
Clause 2 of this Article and failed to meet the requirements of Clauses 4 and 5
of this Article before submission of the final financial report have not
submitted statements indicated in Clauses 13 and 14 of this Article, the money
shall be collected from them on the basis of a court order upon the elapse of
the time for submission of the final financial report.
16. If a candidate, registered candidate has lost
his/her status, the obligations established in this Article in respect of
candidates, registered candidates shall be borne by the citizen who was a
candidate, registered candidate. Upon the end of the election campaign the
obligations imposed by this Article on electoral associations, electoral blocs
shall be borne by political public associations which participated in the given
election campaign, as electoral associations, in particular, within an
electoral bloc.
17. Not later than 13 months after voting day TV
and radio broadcasting organizations and editorial offices of periodicals
coming within Clauses 2 and 3 Article 55 of this Federal Law shall inform the
Central Election Commission of the Russian Federation about political public
associations coming within Clause 5 of this Article which have not paid full
compensation for the cost of free air time and free printing space. Not later
than 13 months after voting day (and, if, in this time, repeat or by-elections
were announced, within ten days after their announcement) the election
commissions of the Subjects of the Russian Federation shall inform the Central
Election Commission of the Russian Federation about Russian Federation citizens
coming within Clause 4 of this Article who owe debts to election commissions.
18. Within ten days after official publication of
a decision to call the subsequent main, repeat election or a by-election of
deputies of the State Duma the Central Election Commission of the Russian
Federation shall furnish the election commissions of the Subject of the Russian
Federation with the lists of Russian Federation citizens coming under Clause 4
of this Article who owe debts to election commissions. The election commissions
of the Subjects of the Russian Federation shall forward the said lists to
district election commissions within five days of their formation and, in the
event of repeat elections and by-elections, on the day of the receipt of these
lists.
19. In the event of main and repeat elections and
by-elections of deputies of the State Duma a citizen of the Russian Federation
coming within Article 4 of this Article and having arrears on repayment of
budget funds to the election commission as of the day of official publication
of a decision to call these elections shall not be entitled to receive federal
budget funds, regardless of the electoral district where he/she ran for
election, An electoral association coming within Clauses 4 and 5 of this
Article, which participated in the previous election of deputies of the State
Duma independently or within an electoral bloc and which is in arrears on
repayment of budget funds to the Central Election Commission of the Russian
Federation and owes money to TV and radio broadcasting organizations and
editorial offices of periodicals as of the day of official publication of a
decision to call the next election of deputies of the State Duma, shall not be
entitled to receive any money from the Central Election Commission of the
Russian Federation and use free air time and printing space when this election
is held. This rule shall also apply to electoral blocs formed with the
participation of the aforementioned political public associations.
1. The funds allocated for the preparation and
conduct of the election and the financing of the activities of election
commissions shall be used by election commissions at their discretion for the
purposes defined by this Federal Law.
2. The allocations from the federal budget
including the funds remaining from 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, electoral associations and electoral
blocs which registered their federal lists of candidates, in a manner and
amount established by this Federal Law;
(b) on compensation payments and payment of
transport expenses (with the exception of taxi and chartered transport) to
candidates registered in single-mandate electoral districts and candidates
included on registered federal lists of candidates, in a manner and amount
established by Article 49 of this Federal Law;
(c) on the additional remuneration of voting
members of election commissions, staff members of commissions and non-staff
employees who work in commissions under labor and civil-law contracts;
(d) on production of printed materials and
publishing; 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 electoral
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;
on the support of the powers and activities 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 preparation and conduct of the election to serve as a voting member on 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 who are
relieved from their main jobs for the period of the preparation and conduct of
the election from the funds allocated for the conduct of the election, in the
amount and manner 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 the
amount and the manner established by the Central Election Commission of the
Russian Federation.
5. The procedure for opening and servicing 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 upon 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 thereon. Election
commissions shall keep accounting records to reflect expenditure of funds
allocated from the federal budget.
6. The forms of a financial report of election
commissions on the receipt and expenditure of funds allocated for the
preparation and conduct of the election and the form of presentation of
information concerning the sums contributed to and spent from electoral funds
of candidates, registered candidates, electoral associations, electoral blocs
shall be established by the Central Election Commission of the Russian
Federation and agreed upon with the Central Bank of the Russian Federation.
7. A precinct election commission shall submit a
report on the receipt and expenditure of federal budget funds allocated to the
given precinct election commission for the preparation and conduct of the
election to a territorial election commission not later than ten days after
voting day. 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
to the election commission of a Subject of the Russian Federation not later
than 25 days after voting day.
8. A district election commission shall submit a
report on the receipt and expenditure of federal budget funds allocated to the
given district election commission for the preparation and conduct of the
election and the information concerning the sums contributed to and spend from
electoral funds of candidates, registered candidates to the election commission
of a Subject of the Russian Federation not later than 45 days after the day of
official publication of the election results in a single-mandate electoral
district.
9. The election commission of a Subject of the Russian
Federation shall submit 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 and
the information concerning the sums contributed to and spent from electoral
funds of candidates, registered candidates in each single-mandate electoral
district to the Central Election Commission of the Russian Federation not later
than 60 days after the day of official publication of the general election
results.
10. 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, electoral associations,
electoral blocs to the chambers of the Federal Assembly of the Russian
Federation and make them available to the mass media not later than three
months after the day of official publication of the general election results.
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.
1. The following review-auditing services shall be
organized in election commissions to exercise control over the correct
utilization of funds allocated to election commissions and monitor the sources,
correct registration and use of the resources of electoral funds:
(a) the review-auditing service of the Central
Election Commission of the Russian Federation;
(b) the review-auditing service of the election
commission of a Subject of the Russian Federation;
(c) review-auditing s of district election
commissions (to be organized by the decision of the election commission of a
Subject of the Russian Federation agreed upon with the Central Election
Commission of the Russian Federation).
2. The review-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-auditing service and
specialists of the review-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 a decision to call the election, assign specialists to the
Central Election Commission of the Russian Federation and the election
commission of a Subject of the Russian Federation for a period of not less than
six months and to a district election commission for a period of not less than
four months.
3. Specialists of the review-auditing service
shall perform their duties while being temporarily released from their main job
and shall receive their salary and other payments at the main place of work.
4. The statute of the review-auditing service
shall be approved by the appropriate election commission. The organizational,
legal and logistical support of the review-auditing service of election
commissions shall be provided by the appropriate commissions.
5. The review-auditing service shall be entitled
to monitor transfers to electoral funds of candidates, registered candidates, electoral
associations, electoral blocs, review registration and utilization of these
transfers and check for correct utilization of the funds allocated to lower
election commissions, using, if necessary the state automated information
system may be used. Upon the request of an election commission, the
review-auditing service shall:
(a) audit financial reports of candidates,
registered candidates, electoral associations, electoral blocs, lower election
commissions;
(b) request information concerning all matters
within its scope of competence and receive this information from candidates,
registered candidates, electoral associations, electoral blocs, election
commissions;
(c) send inquiries to the federal bodies of
executive power, bodies of state power, organizations of all forms of ownership
and to individual persons concerning all matters within the scope of its
competence, request the necessary information and documents relating to the
funding of the election. Information and documents requested by the
review-auditing service shall be provided within ten days and, during five days
prior to voting day and on voting day, immediately;
(d) draw up documents recording financial
irregularities in the funding of the election, including protocols of administrative
offences;
(e) ask the appropriate election commissions to
call to account candidates, registered candidates, electoral associations,
electoral blocs as well as individual persons and legal entities for the
violations committed by them in the funding of the election campaign;
(f) involve experts in the inspections and
preparation of reports and expert assessments.
1. The voting premises shall be placed at the
disposal of a precinct election commission free of charge by the head of the
appropriate municipal unit, and, if the charter of the municipal unit does not
provide for an office of a municipal unit head, by a person authorized to do so
by the representative body of local self-government.
2. The voting premises shall have a hall with
booths or other specially equipped places for secret voting or rooms suitable
for secret voting provided with a lighting system, tables, writing utensils,
excepting pencils, and ballot boxes.
3. Inside or directly in front of the voting
premises the precinct election commission shall set up a board for displaying
samples of marked ballots and information about all electoral associations,
electoral blocs which registered federal lists of candidates, about all
registered candidates nominated by them and included in the federal and the
regional part of the federal list and about all candidates registered in the
given single-mandate electoral district, indicating the first, middle and last
name, year of birth, education, main place of work or service and official
position (and occupation if there is no main place of work or service), the
place of residence of each registered candidate, information as to who
nominated the given candidate. For candidates registered in single-mandate
electoral districts these information materials shall also include other
biographical data to be submitted by registered candidates, the scope of which
shall be established in accordance with the decisions of the Central Election
Commission of the Russian Federation. If a registered candidate including a
candidate on a list of candidates 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, if the registered candidate
was convicted under these legislative acts for actions qualified as crimes by
the current Criminal Code of the Russian Federation, indicating the
corresponding law. If, apart from Russian citizenship, a registered candidate,
including a candidate on the federal list of candidates, has the Russian
Federation citizenship and foreign citizenship, the information materials shall
indicate this fact and the name of the corresponding foreign state. Available
inside the voting premises shall be the federal lists of candidates registered
by the Central Election Commission of the Russian Federation. Samples of marked
ballots displayed on the board shall not contain names of electoral
associations, electoral blocs which registered federal lists of candidates,
names of candidates registered in the given single-mandate electoral district
and names of registered candidates on the federal lists of candidates.
Information about registered candidates, electoral associations, electoral
blocs shall be arranged in the information materials in the order which was
determined when the form and the text of ballots 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. Enlarged forms of protocols of voting returns
shall be displayed inside the voting premises upon commencement of voting 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 and the ballot boxes
are all located in the field of vision of members of the precinct election
commission, observers.
1. Ballots shall be documents subject to 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. In the election of deputies of the State Duma
printed ballots shall be used for voting in the federal and single-mandate
electoral districts. Ballots for voting in the federal and in the
single-mandate electoral district shall differ in form. The form and the
Russian text of the ballot for the federal electoral district and the form of
the ballot for a single-mandate electoral district shall be approved by the
Central Election Commission of the Russian Federation not later than 32 days
prior to voting day. The Russian text of the ballot for a single-mandate
electoral district shall be approved by a district election commission not
later than 29 days prior to voting day. The text shall be printed only on one
side of the ballot.
3. A ballot for voting in the federal electoral
district shall contain the abbreviated names of electoral associations,
electoral blocs which have nominated federal lists of candidates and their
emblems (if the emblems have been submitted to the Central Election Commission
of the Russian Federation in accordance with Clause 3 Article 34 of this
Federal Law) arranged in the order determined by lot and printed in black and
white. The abbreviated names of electoral associations shall be printed under
the name of bloc which comprises these associations. Lot-drawing shall be
arranged by the Central Election Commission of the Russian Federation with participation
of authorized representatives of electoral associations, electoral blocs not
later than 36 days prior to voting day. The number drawn by an electoral
association, electoral bloc shall be retained by them until the end of the
election campaign. Placed under the name of an electoral association, electoral
bloc shall be the first, middle and last name of each of the first three
candidates from the federal part of a federal list of candidates nominated by
an electoral association, electoral bloc. In each Subject of the Russian
Federation, after the aforementioned information the ballot shall indicate the
name of the regional group of candidates of the federal list of candidates of
the given electoral association, electoral bloc corresponding to the given
Subject of the Russian Federation and the first, middle and last name of each
of the first three candidates from the corresponding regional group of
candidates. If the federal list of candidates does not have a federal part, the
ballot shall indicate the name of the regional group of candidates and the
first, middle and last name of each of the first three candidates of the
corresponding regional group.
4. A blank box shall be placed to the right of the
name of each electoral association, electoral bloc. A line reading
"Against all federal lists of candidates" with a blank box to the
right thereof shall be placed at the end of the list of electoral associations,
electoral blocs.
5. A ballot for a single-mandate electoral
district shall indicate the first, middle and last name and a registered
pseudonym (if any) 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); the name of the elective office occupied by the candidate in the
elective body of state power or the elective body of local self-government (if
any) of each registered candidates; information as to who nominated the given
registered candidate. The ballot shall also indicate the abbreviated name of
the public association the membership in which was indicated by the registered
candidate in accordance with Clause 10 Article 37 or Clause 4 Article 40 of
this Federal Law, and the status of the given registered candidate in this
public association. If the registered candidate runs also on a federal list of
candidates, this, too, shall be indicated in the ballot. A blank box shall be
placed to the right 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.
6. If a registered candidate whose first, middle
and last name is indicated in the ballot 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 whose data are indicated in the ballot has Russian Federation and
foreign citizenship, the ballot shall indicate the name of the corresponding foreign
state. The data concerning the convictions and foreign citizenship shall be
indicated in the ballot on the basis of the appropriate documents which were
submitted to an election commission before approval of the text of the ballot.
7. Each ballot shall contain marking instructions.
8. Ballots shall be printed in the Russian
language. Subject to a decision of the election commission of a Subject of the
Russian Federation, ballots shall 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 the ballot in the official
languages of a Subject of the Russian Federation shall be approved by the
election commission of the Subject of the Russian Federation not later than 25
days prior to voting day.
9. Ballots for voting in the federal electoral
district shall be printed only by a decision of the Central Election Commission
of the Russian Federation under supervision of its representatives by printing
organizations adequately equipped for production of electoral documents not
later than 22 days prior to voting day. Ballots for voting in single-mandate
electoral districts shall be printed not later than 22 days prior to voting day
only by an order and under the supervision of election commissions of Subjects
of the Russian Federation or by a decision of the Central Election Commission
of the Russian Federation, district election commissions by printing
organizations adequately equipped for production of electoral documents. The
number of ballots printed for the election of deputies of the State Duma shall
not exceed by more than 3 percent the number of voters registered in the
federal electoral district and in each single-mandate electoral district.
10. 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. 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 witnessed by other members of the election commission,
registered candidates, authorized representatives of electoral associations,
electoral blocs, their agents, if they wish to do so. The appropriate election
commission shall notify registered candidates, authorized representatives of
electoral associations, electoral blocs about the time when and the place where
the ballots are to be handed over and the printing organization shall make it
possible for them to be present thereat.
11. After receiving ballots from the printing
organization an election commission which has placed an order for the printing
of ballots shall, not later than 20 days prior to voting day, transfer the ballots
to territorial election commissions in the presence of members of a district
election commission 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 district election commission but it shall not
exceed by more than 2.5 percent the number of voters registered in the
corresponding territory of a single-mandate electoral district. The ballots
remaining after transfer of ballots to territorial election commissions shall
be handed over to the district election commission. 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 a precinct election
commission shall not be less than 90 percent of the number of voters included
on voter lists for 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
production of ballots, in a procedure established by the Central Election
Commission of the Russian Federation. Signatures of two voting members of a
precinct election commission to be certified by the election commission’s seal
shall be placed at the upper right of the ballot.
12. The responsibility for the transfer and
safekeeping of ballots shall be borne by the chairmen of election commissions
which transfer, receive and keep ballots.
13. If some candidates withdraw from the election,
registration of some candidates is annulled, federal lists of candidates of
some electoral associations, electoral blocs are recalled after the ballots
have been printed, territorial election commissions and precinct election commissions
shall, on the instruction of the election commissions which registered these
candidates (federal lists of candidates), strike out the data of these
candidates or electoral associations, electoral blocs on ballots. If the data
of a registered candidate, an electoral association, electoral bloc indicated
in printed ballots have to be changed and supplemented, these changes and
additions may be made in the ballots, subject to a decision of the Central
Election Commission of the Russian Federation, by members of a district
election commission, territorial election commission, precinct election
commission by hand or with the use of a stamp.
14. 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, at electoral precincts established outside the
territory of the Russian Federation election documentation, including ballots,
may be printed by a precinct election commission itself, if the necessary
technical facilities are available. A decision to print the election
documentation indicating the necessary number of ballots shall be taken by this
precinct election commission with the concurrence of an appropriate district or
territorial election commission.
15. On voting day, after the voting time ends, the
unused ballots shall be cancelled by a district, territorial election
commission, and the corresponding election commission shall draw up a
certificate to this effect. The persons indicated in Clause 5 Article 29 of
this Federal Law may be present when the ballots are being cancelled. The
cancelled ballots shall be kept by the secretary of the election commission
together with other documentation of the commission.
1. An absentee certificates for voting in the
election of deputies of the State Duma shall be a document subject to strict
accountability, whose degree of protection shall be determined by the Central
Election Commission of the Russian Federation. The form of absentee
certificates, the procedure for their printing, their quantity, the form of a
register to record issuance of absentee certificates and the requirements to
the production 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 the higher election
commission to a lower election commission in the same manner as ballots. The
responsibility for the transfer and safekeeping of absentee certificates shall
be borne by the 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 on the voter list shall be
entitled to obtain an absentee certificate from the appropriate territorial
election commission (45 – 25 days prior to voting day), the precinct election
commission (24 – 1 days prior to voting day) of the given precinct and take
part in the voting within the electoral district where the given voter is
eligible to vote in accordance with Clauses 1 and 2 Article 4 of this Federal
Law, in the electoral precinct where he/she 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 for
voting in the election of deputies of the State Duma an absentee certificate
shall be issued by the appropriate election commission 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 a voter is undergoing medical treatment, by the administration
of an institution where suspects or defendants are confined.
4. A territorial election commission shall issue
absentee certificates to voters on the basis of the information about voters
submitted to the commission by the head of a municipal unit (if the charter of
the municipal unit does not provide for this post, by a person authorized to do
so by the representative body of local self-government) in accordance with the
Regulation On the State System for Registration of Voters, Referendum
Participants. A territorial election commission shall keep a register of issued
absentee certificates for voting in the election of deputies of the State Duma
indicating the first, middle and last name of the voter, year of birth (for
voters 18 years old - also the day and month of birth), home address. Twenty
five days prior to voting day a territorial election commission shall furnish
to precinct election commissions the originals of voter lists together with
certified excerpts from the register of issued absentee certificates indicating
the data of voters registered in the territory of these electoral precincts,
who have received absentee certificates. Based on this excerpt a precinct
election commission shall make appropriate notes on the voter list.
5. A voter or his/her representative shall sign
for the receipt of an absentee certificate for voting in the election of
deputies of the State Duma in the register of issued absentee certificates (in
a territorial election commission) or in a voter list (in a precinct election
commission), indicating the series and number of his/her passport or an
equivalent identity paper. In this case, this voter shall be eliminated from
the voter list of the electoral precinct in the given election 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 for voting in the
election of deputies of the State Duma shall be valid if it bears the seal of a
territorial or a precinct election commission and is signed by a member of the
territorial or precinct election commission who issued the absentee
certificate.
7. On voting day, upon production of an absentee
certificate, a voter shall be put on the voter list in any other electoral
precinct within the electoral district where the voter is eligible to vote,
after which the absentee certificate for voting in the election of deputies of
the State Duma shall be withdrawn. When receiving a ballot (ballots) this voter
shall indicate his/her home address on the voter list
8. On voting day, before voting time begins, the
unused absentee certificates for voting in the election of deputies of the
State Duma shall be cancelled and a record to this effect shall be drawn up by a
territorial or a precinct election commission.
1. Voting shall be conducted on a non-working
calendar 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 methods and, in the event of
early voting in cases provided by Article 74 of this Federal Law, not later
than five days prior to early voting day.
3. A precinct election commission formed on ships
at sea, in military units, at polar stations, in remote and hard-to-reach
regions may declare the voting completed ahead of the time specified in Clause
1 of this Article if all the voters on the voter 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
produce empty stationary and portable ballot boxes for examination by the
members of the precinct election commission, voters and persons indicated in
Clause 5 Article 29 of this Federal Law. After this, the ballot boxes shall be
sealed by 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 portable ballot boxes containing ballots marked in
accordance with Clauses 2 - 9 Article 74 of this Federal Law by voters (if any)
who have voted early. Then the chairman of a precinct election commission shall
invite voters to start voting.
5. Voting members of a precinct election
commission shall receive ballots from the chairman of a precinct election
commission for issuance to voters and shall sign for their receipt.
6. Ballots shall be given to voters included on
the voter lists upon production of a passport or an equivalent identity paper
(a serviceman’s card or an officer’s identity card for people who undergo
military service, a certificate of a standard form issued by internal affairs
bodies, a foreign passport of the Russian Federation citizen for persons who
permanently reside or stay outside the territory of the Russian Federation, a
seaman’s passport). Each voter shall be entitled to receive two ballots,
including one ballot for voting in the federal electoral district and one ballot
for voting in the given single-mandate electoral district. The exceptions to
this case are provided by Clause 12 of this Article. If a voter votes on the
basis of an absentee certificate for voting in the election of deputies of the
State Duma at the place where he/she temporarily stays outside the
single-mandate electoral district where the voter resides permanently or
currently, he/she shall be entitled to receive only one ballot – the ballot for
voting in the federal electoral district. Before issuing ballots to voters a
member of the election commission shall make sure that an absentee certificate
for voting in the election of deputies of the State Duma has not been issued to
the given voter, the voter has not voted early and that his/her application for
voting outside the voting premises has not been recorded in the register
indicated in Clause 2 Article 75 of this Federal Law and that no voting members
of the precinct election commission were sent to the voter to conduct voting
outside the voting premises. Upon production of an absentee certificate, a
voter shall be additionally entered onn the voter list and the absentee
certificate for voting in the election of deputies of the State Duma shall be
taken away and cancelled.
7. When receiving ballots, the voter shall write
the series and number of his/her passport or an equivalent identity paper in
the voter list and sign for the receipt of each ballot. With the consent or at
the request of a voter the series and number of his/her passport or an equivalent
identify paper may be written on the voter list by a voting member of a
precinct election commission. The voter shall check the correctness of the
entry and shall sign for the receipt of each ballot.
8. If a voter is not able to sign for the receipt
of each 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, agents of registered candidates, electoral associations,
electoral blocs and their authorized representatives, observers, foreign
(international) observers. The person who has helped the voter shall put
his/her signature in the column (columns) "Voter Signature for Receipt of
Ballot" of the voter 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 a specially equipped other place or a room for secret voting,
where the presence of any other persons shall not be allowed.
10. A voter who is not able to mark the ballot by
himself/herself may be assisted by another voter who is not a member of the
election commission, registered candidate, agent of a registered candidate, an
electoral association, electoral bloc, their authorized representative,
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 indicated in the appropriate column (columns) of the voter list.
11. On the ballot for voting in the federal
electoral district, voters shall put any mark in the blank box to the right of
the name of the electoral association, electoral bloc whose federal list of
candidates they vote for, or in the box placed to the right of the words
"Against all federal lists of candidates". On the ballot for voting
in a single-mandate electoral district, voters shall put any mark in the blank
box to the right of the name of the registered candidate he/she votes for, or
in the box 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 had 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 corresponding note on the voter 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 on the voting premises. Instructions of the chairman
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 or some other voting member of the given election
commission authorized thereby.
15. Persons indicated in Clause 5 Article 29 of
this Federal Law may be present on the voting premises during the voting, when
votes are being counted and when a precinct election commission is drawing 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. A member of a precinct election commission
shall be immediately barred from participation in its work and an observer and
other persons shall be expelled from the voting premises if they try to
interfere with the work of the election commission or with the exercise by a
citizen of the Russian Federation of his/her electoral rights or attempt to
violate the secrecy of voting. The appropriate decision shall be taken by the
precinct election commission or a higher 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, electoral associations,
electoral blocs, agents and authorized representatives of electoral
associations, electoral blocs, agents of registered candidates and the
organizations whose founders, owners, possessors are and/or whose governing
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.
1. A district election commission 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 73 of this
Federal Law. Immediately after the end of early voting votes cast by voters
shall be counted and voting returns shall be determined in accordance with the
requirements of Clauses 76 and 77 of this Federal Law.
2. If separate groups of voters included on the
voter list of the given electoral precinct are located at places which are far
away from the voting premises and are inaccessible or hard to reach by any
means of transport (at polar stations and in other remote and hard-to-reach
areas) and, therefore, early voting cannot be conducted in the whole electoral
precinct in accordance with Clause 1 of this Article, a district election
commission may, with the concurrence of the appropriate election commission of
a Subject of the Russian Federation, allow these groups of voters to vote
early, in the course of several days, in a procedure established by Clauses 3 –
9 of this Article.
3. Early voting indicated in Clause 2 of this
Article shall be conducted with the use of portable ballot boxes the number of
which shall be determined by a district election commission. Before early
voting starts, empty portable 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 29 of this Federal Law present on the
commission’s premises, and a protocol shall be drawn up to record this fact.
After that, empty 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 by a 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 portable ballot box that has been
sealed in a precinct election commission, the required number of ballots of a
standard form, an excerpt from the voter list containing data of the voters
whom they are going to visit to conduct early voting or the voter 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 each ballot issued to him/her in the excerpt from the voter list or
on the voter list. The members of the election commission who conduct early
voting shall make a note in the said excerpt or on the list to indicate that
the voter has voted early and shall mark the date and time of voting. If a
voter has put his/her signature in the excerpt from the voter list, these notes
as well as the series and number of the passport or an equivalent identity
paper shall be entered on the voter list after early voting ends. The said
excerpt from the voter list shall be kept together with the voter list.
7. A voter shall mark the ballot and drop it into
the ballot box as provided by Article 73 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 portable ballot box.
9. After the end of early voting the slots for
ballots in portable ballot boxes shall be sealed by the chairman of the
precinct election commission, and the secretary of the precinct election
commission shall make arrangements for safekeeping of the portable ballot
boxes. The portable ballot boxes shall not be opened till commencement of vote
counting on the voting premises. The portable ballot boxes containing ballots
dropped there by voters who have voted early shall not be used for voting on
voting day.
10. Early voting may be witnessed by persons
indicated in Clause 5 Article 29 of this Federal Law. When early voting is to
be conducted with the use of portable ballot boxes, a precinct election
commission shall make arrangements to ensure that at least two persons from
non-voting members of the election commission, observers appointed by different
registered candidates, electoral associations, electoral blocs are offered the
same possibilities as the voting members of the precinct election commission to
go to the place where early voting is to be conducted.
11. Early voting shall be conducted only at the
time established by a decision of the appropriate precinct election commission.
This time shall be made known to voters and persons indicated in Clause 5
Article 29 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 voter’s will being distorted, make arrangements for
safekeeping of ballots and ensure that the votes of voters are reckoned in the
determination of the voting returns and election results.
1. A precinct election commission shall make
arrangements to enable voters to vote if they are entitled to be or are
included on the voter 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. Voting outside voting premises with the
exception of the cases provided for by Article 74 of this Federal Law shall be
carried out only on voting day and only on the basis of a written application
or an oral request (which may be relayed through other persons) of a voter
asking for a possibility to vote outside the voting premises. The application
(request) may be submitted by a voter at any time after formation of the
precinct election commission but not later than four hours before the end of
voting time on voting day. A precinct election commission shall record all
received applications (requests) in a special register.
3. An entry recording an oral request in the
register mentioned in Clause 2 of this Article shall indicate the time when the
request was received, the first, middle and last name of the precinct
commission member who received the request (telephone call, message, etc.), the
first, middle and last name of the person who relayed the message. The entry
shall be signed by the precinct commission member. Upon arrival of commission
members to the voter the request shall be confirmed by a written application
which shall be registered with the indication of the time when the application
was submitted.
4. A written application for voting outside the
voting premises shall state the reason for which the voter is unable to come to
the voting premises and shall indicate the same data about the voter as are
contained on the voter list.
5. At least 30 minutes before the departure of
members of a precinct election commission, the chairman of a precinct election
commission shall announce that the commission members are going to conduct
voting outside the voting premises.
6. A precinct election commission shall have the
necessary number (but not more than three) portable ballot boxes to conduct
voting provided for by this Article, the number of such boxes to be determined
by a decision of the appropriate territorial election commission.
7. Having received ballots the voting members of a
precinct election commission who conduct voting outside the voting premises
shall sign for the receipt thereof in the journal of issuance of ballots for
voting outside the voting premises. Voting outside the voting premises shall be
conducted by not less than two voting members of a precinct election commission
who shall bring with them a portable ballot box sealed by the precinct election
commission; the required number of ballots of the established form; a certified
extract from the register indicated in Clause 2 of this Article containing the
data required by Clause 8 Article 15 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 register 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 73 of this Federal
Law.
9. In his/her written application for voting
outside the voting premises a voter shall indicate the series and number of
his/her passport or an equivalent identity paper, his/her home address and
shall confirm the receipt of each ballot by his/her signature. The voting
members of the commission shall confirm the issuance of ballots by putting
their signatures on the application. A corresponding note shall be made on the
application when a new ballot is issued in place of a spoilt one.
10. The voting members of a precinct election
commission who conduct voting outside the voting premises shall issue ballots
only to those voters whose applications (requests) have been recorded in the
register as provided by Clause 2 of this Article.
11. The series and number of the passport or an
equivalent identity paper of a voter who voted outside the voting premises
shall be entered on the voter list by the voting members of a precinct election
commission who came to voters in response to their applications (requests). At
the same time, the words "Voted outside the voting premises" shall be
written in the appropriate column (columns) of the voter list.
12. When voting is carried out outside the voting
premises, non-voting members of an election commission, observers may be
present at the voting. In this case, a precinct election commission shall
provide the same possibilities to come to the place of voting for voting
members of the precinct election commission who conduct voting outside the voting
premises and to not less than two non-voting members of the election
commission, observers appointed by various candidates, electoral associations,
electoral blocs. Voting outside the voting premises shall be organized so as to
prevent any violations of electoral rights of citizens and distortion of the
expression of a voter’s will.
13. If a voter who submitted an application
(request) for voting outside the voting premises comes to the voting premises
to vote after the voting members of the precinct election commission were sent
to him/her to conduct voting outside the voting premises, an appropriate member
of the precinct election commission shall not issue a ballot to this voter on
the voting premises until the commission members who went to the voter in
response to his/her application (request) to conduct voting outside the voting
premises come back and until it is established that the voter has not voted
outside the voting premises.
14. After the end of voting outside the voting
premises with the use of a portable ballot box the precinct election commission
shall draw up an act indicating the number of ballots issued to the members of
the precinct election commission who conducted voting outside the voting
premises; the number of written applications of voters asking for a possibility
to vote outside the voting premises; the number of ballots issued to voters;
the number of returned ballots (ballots which were not used or were spoilt by
voters); the information concerning the voting members of the precinct election
commission who conducted voting outside the voting premises, the non-voting
members of the precinct election commission and observers who were present when
voting was conducted outside the voting premises.
1. A precinct election commission shall draw up
two protocols of voting returns in the given electoral precinct: Protocol No. 1
of Voting Returns for the single-mandate electoral district and Protocol No. 2
of Voting Returns for the federal electoral district.
2. As a rule, a protocol of voting returns shall
be drawn up by a precinct election commission 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 the precinct election commission and sealed by
the seal of the precinct election commission. Each of the two protocols of a
precinct election commission specified in Clause 1 of this Article shall
contain the following:
(a) No. of the copy;
(b) name of the election, date of voting, name and
number of the electoral district;
(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 on the voter
list as of the end of voting who are eligible to vote in the appropriate
electoral district;
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 on 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 portable ballot
boxes;
line 8: number of ballots in the stationary ballot
boxes;
line 9: number of valid ballots;
line 10: total number of invalid ballots;
line 11: the number of ballots, found invalid on
the basis of Clause 14 Article 7of this Federal Law (if the number of ballots
for the given electoral district found in a portable ballot box exceeds the
number of voters’ applications bearing a note about receipt of ballots or the
number of notes on the voter list indicating that the voter has voted early);
line 12: number of unmarked ballots;
line 13: number of absentee certificates received
by the precinct election commission;
line 14: number of absentee certificates for
voting in the election of deputies of the State Duma issued to voters by the
precinct election commission in the electoral precinct before voting day;
line 15: number of voters who have voted in the
electoral precinct on the basis of absentee certificates;
line 16: number of cancelled unused absentee
certificates;
line 17: number of absentee certificates cancelled
in accordance with Clause 6 Article 73 of this Federal Law;
(f) the list of complaints (statements), acts and
other documents attached to the protocol;
(g) the names and initials of the chairman, the
deputy chairman, the secretary and other members of the election commission and
their signatures;
(h) the signing date and time (hours, minutes) of
the protocol (if the protocol contains more than one page - each page of the
protocol shall be signed);
(i) the seal of the election commission (if the
protocol contains more than one page - each page of the protocol shall be
affixed).
3. In addition to the aforementioned data the
following shall be indicated in line 18 and subsequent lines of Protocol No. 1
of Voting Returns for the single-mandate electoral district:
the fist, middle and last names in the
alphabetical order, and, if these names coincide, other data of registered
candidates on the ballot and the number of votes cast for each registered
candidate;
the number of votes cast against all candidates.
4. Apart from the data indicated in Clause 2 of this
Article the following shall be entered in line 18 and subsequent lines of
Protocol No. 2 of Voting Returns for the federal electoral district:
the names of electoral associations, electoral
blocs which nominated federal lists of candidates in the order of their
arrangement in the ballot and the number of votes cast for each federal list of
candidates;
the number of votes cast against all federal lists
of candidates.
5. The numbers indicated in Clauses 2 to 4 of this
Article shall be entered in the protocols of voting returns in numerals and in
words.
1. The votes cast by voters shall be counted
openly and publicly, by the voting members of a precinct election commission.
The persons indicated in Clause 5 Article 29 of this Federal Law shall be given
a possibility to be present at and observe vote counting.
2. After the voting time expires, 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 cast by voters shall begin immediately after the voting time expires and
shall be continued without interruption until the voting returns are tabulated,
the said voting returns to 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, voting members of a
precinct election commission in the presence of persons indicated in Clause 5
Article 29 of this Federal Law shall count unused ballots, cancel them by
cutting off the lower left corner (care shall be taken to avoid damaging the
boxes located on the ballots to the right of the data of registered candidates,
names of electoral associations, electoral blocs and against the line
"Against all candidates", "Against all federal lists of
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 these data in lines 4 of the protocols of voting
returns and in the enlarged forms of these protocols. After that members of a
precinct election commission shall announce the number of unused absentee
certificates and enter this number in lines 16 of the protocols of voting
returns and their enlarged forms. The cancelled ballots and absentee
certificates may be examined by non-voting members of the election commission,
observers, foreign (international) observers under the supervision of voting
members of the election commission.
4. Before starting to count votes voting members
of a precinct election commission shall enter the following data summarized
page by page in each page of the voter list, separately for the federal and for
the single-mandate electoral district:
(a) the number of voters on the list (minus the
voters issued absentee certificates by a territorial and the precinct election
commission). The number of voters on the list for a single-mandate electoral
district shall not include voters entered in the list on the basis of absentee
certificates if these voters have received ballots only for the federal
electoral district;
(b) the number of ballots issued to voters on the
voting premises of the electoral precinct on voting day (to be established on
the basis of the number of voter signatures in the voter list);
(c) the number of ballots issued to voters who
have voted outside the voting premises (to be established on the basis of the
number of appropriate notes in the voter list);
(d) the number of voters who have voted early (to
be established on the basis of the number of appropriate notes in the voter
list);
(e) the number of absentee certificates issued by
the precinct election commission on the voting premises;
(f) the number of voters who have voted on the
voting premises of the electoral precinct on the basis of absentee
certificates.
5. After the data indicated in Clause 4 of this
Article have been entered, the voting member of a precinct election commission
who has entered these data shall sign each page of the voter list, sum up these
data and announce them to the chairman, the deputy chairman or the secretary of
a precinct election commission and to persons present at vote counting. On the
last page of the voter list the chairman, the deputy chairman or the secretary
of a precinct election commission shall write the summarized data to be
obtained by summing up the data established in accordance with Clause 4 of this
Article, and shall certify them with his/her signature and the seal of the
precinct election commission. After that, the voter list shall be made
available for examination to persons indicated in Clause 5 Article 29 of this
Federal Law.
6. The chairman, the deputy chairman or the
secretary of a precinct election commission shall ascertain, announce the
following data and enter them in lines 1 and 2 of the protocols of voting
returns and in their enlarged forms:
(a) the number of voters included on the voter
list as of the end of voting who are eligible to vote in the given electoral
district;
(b) the number of ballots received by the precinct
election commission.
7. The following data shall be made public and
entered in lines 13, 14, 15 of the protocols of voting returns and in their
enlarged forms:
(a) the number of absentee certificates which have
been received by the precinct election commission;
(b) the number of absentee certificates which have
been issued by the precinct election commission to voters in the electoral
precinct;
(c) the number of voters who have voted in the
electoral precinct on the basis of absentee certificates.
8. Then, the following data shall be entered in
lines 5, 6 and 3 of the protocols of voting returns and in their enlarged
forms:
(a) the number of ballots issued to voters on 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
have voted early in accordance with Clauses 2 - 9 Article 74 of this Federal
Law.
9. After this, the chairman or the secretary of
the precinct election commission shall take steps to ensure safekeeping of the
voter list and prevent access to the list for persons participating in vote
counting. No further work shall be carried out on the voter list until the
control relationships of data entered in the protocols of voting returns are
checked as provided by Clause 22 of this Article.
10. Direct counting of votes shall be carried out
by voting members of the precinct election commission from ballots in the
ballot boxes.
11. Non-voting members of the precinct election commission,
persons listed in Clause 5 Article 29 of this Federal Law shall be entitled to
be present at direct counting of votes.
12. Direct counting of votes shall be carried out
on the voting premises at the places fitted out so as to allow access to them
for voting and non-voting members of the precinct election commission. Members
of the precinct election commission, with the exception of the chairman (deputy
chairman) and the secretary of the election commission, shall not use any
writing utensils during vote counting. The actions of members of the precinct
election commission shall be visible to all persons present.
13. When directly counting the votes the precinct
election commission shall separate ballots which do not conform to a standard
format, i.e., which have not been printed officially or have not been certified
by the election commission. Such ballots shall not be reckoned in the direct
counting of votes.
14. First of all, the commission shall count
ballots in the portable ballot boxes: first in the boxes containing ballots
left by voters who have voted early, then in the boxes containing ballots left
by voters who have voted outside the voting premises on voting day. Before each
portable ballot box is opened the number of voters who voted with the use of
the given portable ballot box shall be announced, the integrity of the seals on
the boxes shall be checked by the chairman of the precinct election commission
and, on the chairman’s request, verified by the commission members and other persons
present at vote counting. Votes shall be counted so as to avoid violating the
secrecy of voting and non-standard ballots shall be placed separately. The
number of standard ballots taken out of the boxes shall be announced and
entered in line 7 of the protocols of voting returns and in their enlarged
forms. If the number of standard ballots for voting in the federal or a
single-mandate electoral district in the portable ballot box has been found to
be larger than the number of notes on the voter list indicating that the voter
has voted early or the number of applications of voters which carry a note
indicating the receipt of ballots for voting in the one or the other electoral
district, all ballots for the given electoral district contained in the given
portable ballot box shall be declared invalid by a decision of the precinct
election commission and this fact shall be recorded in a separate act which
shall be attached to the protocol of voting returns. The act shall indicate the
last names and initials of the members of the election commission who organized
early voting, voting outside the voting premises using this ballot box. The
number of ballots thus declared invalid shall be entered in line 11 of the
appropriate protocol of voting returns and in its enlarged form and shall not
be reckoned in direct vote counting. Such ballots shall be packed and sealed
separately.
15. The stationary ballot boxes shall be opened
after the seals thereon have been found intact.
16. Voting members of the precinct election
commission shall sort out into separate bundles the ballots taken out of the
portable and stationary ballot boxes according to the votes cast for each
registered candidate, each federal list of candidates, and against all
candidates, all federal lists of candidates; at the same time, they shall
separate ballots which do not conform to the standard format and invalid
ballots for voting in the single-mandate and the federal electoral district.
While sorting out the ballots, voting members of the precinct election
commission shall read aloud the notes made by voters on ballots and show
ballots for examination to all persons present at the direct counting. The
notes on two and more ballots shall not be read aloud simultaneously.
17. After the ballots have been sorted out, votes
cast by voters shall be counted from the standard ballots. Not less than two
voting members of the election commission shall count the ballots separately
for votes cast for each registered candidate, each federal list of candidates
and for votes cast "Against all candidates", "Against all
federal lists of candidates". The results of counting shall be entered in
line 18 and subsequent lines of the protocols of voting returns and in their
enlarged forms.
18. Invalid ballots shall be counted and summed up
separately. The total number of invalid ballots, including the ballots declared
invalid on the basis of Clause 14 of this Article, shall be announced and
entered in lines 10 of the protocols of voting returns and their enlarged forms.
The number of invalid ballots where none of the options are marked shall be
entered in lines 12 of the protocols and their enlarged forms. Ballots shall be
pronounced invalid if they make it impossible to establish the expression of a
voter’s will, specifically the ballots wherein a mark (marks) was put in more
than one box or in none of the boxes. If any doubts arise in pronouncing a
ballot invalid, the 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 the seal of the
commission.
19. Then the voting members of the precinct
election commission shall sum up the data of line 18 and the subsequent lines
of the protocols of voting returns, announce the number of valid ballots and
enter this number in line 9 of the protocols of voting returns and their
enlarge forms.
20. Voting members of the precinct election
commission shall count the number of standard ballots for the federal and
single-mandate electoral districts in the stationary ballot boxes, announce
this number and enter it in line 8 of the protocols of voting returns and in
their enlarged forms.
21. Non-voting members of the election commission,
observers, foreign (international) observers may examine the sorted out ballots
under the supervision of voting members of the precinct election commission.
22. After the ballots have been counted, the
control relationships of data entered in the protocols of voting returns shall
be checked (Annex 5). If the control relationships do not coincide, the
precinct election commission shall take a decision to carry out additional
counting of votes for all or some of the lines of the protocols of voting
returns, including additional counting of ballots. If changes have to be made
in the protocol of voting returns on the basis of additional counting, a new
blank form of the protocol shall be filled out and appropriate changes shall be
made in its enlarged form.
23. After the counting has been completed the
ballots shall be sorted out and packed in bundles according to registered
candidates, federal list of candidates for which votes were cast in the ballots.
Separate bundles shall contain ballots cast against all candidates and all
federal lists of candidates and invalid and cancelled ballots for the federal
and single-mandate electoral districts. Each bundle shall be marked to indicate
the number of ballots in the bundle, the name of the registered candidate, the
electoral association, electoral bloc marked in the ballots or shall be marked
"Against all candidates," "Against all federal lists of
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 (name) of the electoral district, the quantity of ballots. The bags or
boxes shall be sealed and may be opened only by a decision of the higher
election commission or a court. Voting and non-voting members of the precinct
election commission may put their signatures on these bags or boxes.
24. The protocols of voting returns shall be filled
out in three copies and shall be signed by all present voting members of the
precinct election commission.
25. If some voting members of the precinct
election commission are absent when the protocols of voting returns are filled
out, a note to this effect shall be made in the protocols indicating the reason
for their absence. The protocols shall be valid if they are signed by the
majority of the established number of voting members of the given precinct
election commission.
26. The protocols of voting returns shall not be
filled out with a pencil and no changes shall be made therein. At the signing
of the protocols the voting members of a precinct election commission who
dissent from the contents of the protocols may attach their dissenting opinion
to the protocols and a note to this effect shall be made in the protocols.
27. Upon the request of a member of a precinct
election commission, persons indicated in Clause 5 of Article 29 this Federal
Law, immediately after signing of the protocols of voting returns the precinct
election commission shall provide a copy of the protocols of voting returns to
these persons or allow them to copy the protocols and shall certify the copies.
28. The first copies of the protocols of voting
returns of a precinct election commission, after they have been signed by all
present voting members of the precinct election commission and after, on
request, the copies of the protocols of voting returns have been issued to or
certified for all persons present at vote counting from among persons indicated
in Clause 5 Article 29 of this Federal Law shall be, without delay, forwarded
to the appropriate territorial commission and shall not be returned to the
precinct election commission. Attached to the first copies of the protocols
shall be dissenting opinions of voting members of the precinct election
commission, complaints (statements) about violations of this Federal Law,
decisions taken by the precinct election commission in connection with these
complaints (statements) and its acts, records and registers. Certified copies
of these documents and decisions of the election commission shall be attached
to the second copies of the protocols.
29. The second copies of the protocols together
with the electoral documentation provided for by this Federal Law, including
sealed ballots and lists of non-voting members of the precinct election
commission, persons indicated in Clause 5 of Article 29 of this Federal Law
present at the tabulation of voting returns and compilation of the protocols,
as well as the seal of the 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. Electoral documentation including
sealed ballots shall be transferred to appropriate territorial commissions not
later than five days after official publication of the election results.
30. The third copies of the protocols (copies
thereof) shall be produced for examination to persons indicated in Clause 5
Article 29 of this Federal Law and then shall be posted for examination by
general public in a place designated by a precinct election commission.
31. If the necessary technical equipment is
available, subject to a decision of the election commission of a Subject of the
Russian Federation agreed upon with the Central Election Commission of the
Russian Federation concerning the use of technical devices (including ballot
scanners) for counting votes, district election commissions shall determine
electoral precincts where such technical devices are to 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, unless provided otherwise
by federal laws.
32. When technical devices are used for vote
counting, no vote counting data shall be disclosed until the end of voting on
the voting premises, with the exception of the data concerning voter turnout.
33. If the necessary equipment is available,
immediately after the members of a precinct election commission formed in an
electoral precinct 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 sign the
protocol of voting returns its data shall be transmitted via technical
communication channels to the higher 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 transferred
to the higher election commission directly or through diplomatic and consular
missions of the Russian Federation abroad or in another manner 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 in an electronic form, shall be approved by the Central
Election Commission of the Russian Federation.
35. If, after the protocols of voting returns were
signed and their first copies were sent to the territorial election commission,
the precinct election commission which had drawn up the protocols detects
inaccuracies therein (slip of the pen, misprint or an error in data summation)
it shall call a meeting to consider the question of making corrections in the
protocols. In its announcement about this meeting to be made in accordance with
Clause 2 Article 29 of this Federal Law the precinct election commission shall
state that it is going to consider this matter at the meeting. It shall be
mandatory that the precinct election commission make this 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 precinct election commission shall draw up a protocol of
voting returns on which the note "Corrected" shall be made. This
protocol shall be promptly sent to a territorial election commission.
1. Based on the data of the protocols of voting
returns, including the data transmitted via technical communication channels
from precinct election commissions set up in the electoral precincts on ships
at sea, at polar stations, in remote and hard-to-reach areas or outside the
territory of the Russian Federation, after making sure that the protocols have
been drawn up correctly, a territorial election commission shall tabulate the
voting returns for the given territory by adding up all data contained in the
protocols not later than two days after voting day. The data contained in the
protocols of precinct election commissions shall be added up directly by the
voting members of the territorial election commission. This may be witnessed by
the persons indicated in Clause 5 Article 29 of this Federal Law.
2. On the basis of the voting returns, a
territorial election commission shall draw up Protocols No. 1 and No. 2
indicating:
(a) the number of precinct election commissions in
the given territory;
(b) the number of Protocols of Voting Returns No. 1
and No. 2 received from precinct election commissions on the basis of which the
protocols of voting returns are drawn up by the territorial election
commission;
(c) the summary data for all lines of the
Protocols of Voting Returns of precinct election commissions established by
Clauses 2 to 4 Article 76 of this Federal Law.
3. The Protocols of Voting Returns of a
territorial election commission shall be made in triplicate and signed by all
voting members of the election commission present indicating the date and time
(hours and minutes) when the protocols were drawn up. The following documents
shall be attached to each copy of each protocol:
(a) the summary table of voting returns in the
appropriate territory for the federal or single-mandate electoral district,
which includes complete data of all protocols of voting returns from precinct
election commissions,
(b) the records certifying receipt of ballots by a
territorial election commission, transfer of ballots to precinct election
commissions, cancellation of unused ballots kept in a territorial election
commission, with the indication of the number of such ballots;
(c) the records certifying issuance of absentee
certificates to voters by a territorial election commission, transfer of
absentee certificates to precinct election commissions and cancellation of
unused absentee certificates, with the indication of the number of such
certificates.
4. The summary tables and records shall be signed
by the chairman and the secretary of a territorial election commission. A
voting member of a territorial election commission who does not agree with the
protocols in full or with certain provisions thereof shall be entitled to
attach his/her dissenting opinion to the protocols and in that case an
appropriate note shall be made in the protocols.
5. Dissenting opinions of members of a territorial
election commission, complaints (statements) about violations of this Federal
Law received by the territorial election commission, as well as decisions of
the territorial election commission made thereon shall be attached to the first
copies of the protocols. Certified copies of dissenting opinions, complaints
(statements) and decisions of the territorial election commission shall be
attached to the second copy of the protocols.
6. Once signed by all voting members of a
territorial election commission present, the first copies of the protocols of
the territorial election commission indicating the date and time (hour and
minutes) of their compilation along with the protocols of precinct election
commissions and the first copies of the summary tables of voting returns and
the records indicated in Clause 3 of this Article shall be immediately
forwarded to the respective district election commission and shall not be returned
to the territorial election commission.
7. The second copies of the protocols of voting
returns of a territorial election commission along with the second copies of
the summary tables of voting returns, the records indicated in Clause 3 of this
Article and the lists of non-voting members of the election commission which
drew up the protocol, and persons indicated in Clause 5 Article 29 of this
Federal Law who were present when the voting returns were tabulated and the
protocols drawn up shall be kept by the secretary of the territorial election
commission in a guarded room until the completion of the commission’s work and,
if the territorial commission works on a permanent basis, until they are
transferred to a district election commission after official publication of the
general election results.
8. The third copies of the protocols of voting
returns of a territorial election commission along with the third copies of the
summary tables of voting returns and the records indicated in Clause 3 of this Article
shall be given for examination and copying to members of the territorial
election commission and non-voting members of higher election commissions,
persons indicated in Clause 5 Article 29 of this Federal Law and then these
copies shall be displayed for general inspection at the place to be designated
by a territorial election commission. Five days after voting day the third
copies of the protocols, summary tables of voting returns shall be transferred
to the election commission of a Subject of the Russian Federation.
9. If, after the protocols of voting returns of a
territorial election commission and/or the summary table were signed and their
first copies were sent to the district election commission, the territorial
election commission which had drawn up the protocol, summary tables finds an
inaccuracy (including slip of the pen, misprint, 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 protocols and/or the summary tables. In
its announcement about this meeting to be made in accordance with Clause 2,
Article 29 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 media representatives. In this case, the
territorial election commission shall draw up a protocol of voting returns,
summary table on which a note "Corrected" will be made. This
protocol, summary table shall be immediately forwarded to the district election
commission.
10. Upon detection of errors, inconsistencies in
the protocol (protocols) of voting returns and when doubts arise as to the
correctness of the protocol (protocols) received from precinct election
commissions the territorial election commission may resolve that the 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 and
persons indicated in Clause 2 Article 29 of this Federal Law, observers,
foreign (international) observers who shall be 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 on which a note "Recounting of votes" shall be made. If the
protocol is drawn up by a precinct election commission, it shall be immediately
forwarded to the territorial election commission.
1. Not later than four days after voting day, a
district election commission shall determine the election results for the
single-mandate electoral district and tabulate the voting returns for the
federal electoral district in the territory of the given single-mandate
electoral district by adding up the data contained in the first copies of the
protocols of voting returns submitted by territorial election commissions.
Before doing this a district election commission shall check the protocols to
make sure that they have been drawn up correctly The data contained in the
protocols of territorial election commissions shall be added up by the voting
members of the district election commission.
2. A district electoral commission shall declare
the election in the given single-mandate electoral district not to have taken
place if:
(a) less than 25 per cent of the voters included
on the voter lists have taken part in the election by the end of the voting
time (the number of voters who have taken part in the voting shall be
determined by adding up the numbers in lines 3, 5 and 6 of Protocols No. 1 of
Voting Returns for a single-mandate electoral district);
(b) the number of votes cast by voters for the
candidate who has polled a larger number of votes than the other candidate
(candidates) is less than the number of votes cast against all candidates.
3. A district electoral commission shall declare
the election results for the single-mandate electoral district null and void:
(a) if violations of this Federal Law 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
they have been declared null and void is not less than one-fourth of the total
number of electoral precincts formed in the territory of the given
single-mandate electoral district;
(c) by a court decision.
4. Violations of this Federal Law which were
conducive to the election of registered candidates who have not been elected
according to voting returns or which aimed to encourage or encouraged voters to
vote for registered candidates who have not been elected according to voting
returns cannot serve as grounds for declaring the election null and void.
5. On the basis of Protocols No. 1 of Voting
Returns of territorial election commissions a district election commission
shall draw up Protocol No. 1 of the Election Results for the single-mandate
electoral district, wherein the following data shall be included:
(a) the number of territorial election commissions
in the single-mandate electoral district;
(b) the number of Protocols No. 1 of the
territorial election commissions on basis of which this protocol has been drawn
up;
(c) the summary data for the single-mandate
electoral district with regard to all lines of Protocols No. 1 of Voting
Returns of the territorial election commissions;
(d) the first, middle and last name of the
registered candidate who was elected deputy.
6. A candidate shall be elected in a
single-mandate electoral district if he/she polls the largest number of votes
cast by voters who took part in the voting. The number of votes of voters who
took part in the voting shall be determined from the number of standard ballots
found in the ballot boxes. If several candidates have received the same number
of votes, the candidates who was registered earlier shall be declared elected.
7. On the basis of Protocols No. 2 of the
territorial election commissions, a district election commission shall draw up
Protocol No. 2 of Voting Returns for the federal electoral district in the
territory of the single-mandate electoral district, wherein the following data
shall be included:
(a) the number of territorial election commissions
in the single-mandate district;
(b) the number of Protocols No. 2 of Voting
Returns of territorial election commissions on basis of which this protocol has
been drawn up;
(c) the summary data for the electoral district
with regard to all lines of Protocols No. 2 of Voting Returns of the
territorial election commissions.
8. Protocols of voting returns and election
results shall be made up by a district election commission in triplicate and
shall be signed by all voting members of the district election commission
present, indicating the date and time (hours and minutes) when they were drawn
up. The following documents shall be attached to each copy of the appropriate
protocol:
(a) the summary table of the election results for
the single-mandate electoral district and the voting returns for the federal
electoral district, which shall include complete data of the protocols of
voting returns received from the territorial election commissions;
(b) records certifying receipt of ballots by a district
election commission, transfer of ballots to territorial and precinct election
commissions, cancellation of unused ballots kept in a district election
commission, the said records indicating the number of such ballots;
(c) records certifying issuance of absentee
certificates to territorial election commissions to territorial election
commissions and cancellation of unused absentee certificates, with the
indication of the number of such certificates.
9. The summary tables and records shall be signed
by the chairman and the secretary of a district election commission. A voting
member of a district election commission who does not agree with the protocols
in full or with certain provisions thereof shall be entitled to attach his/her
dissenting opinion to the protocols and an appropriate note to this effect
shall be made therein.
10. Dissenting opinions of members of a district
election commission, complaints (statements) about violations of this Federal
Law received by the given district election commission, as well as decisions
taken thereon shall be attached to the first copies of the protocols. Certified
copies of dissenting opinions, complaints (statements) and decisions of the
district election commission shall be attached to the second copy of the
protocols.
11. The first copies of each protocol and the
first copies of the corresponding summary tables and records indicated in
Clause 8 of this Article, when signed, shall be immediately forwarded to the
Central Election Commission of the Russian Federation and shall not be returned
to the district election commission.
12. The second copies of the protocols of a
district election commission along with the second copies of the summary tables
of voting returns and election results, records indicated in Clause 8 of this
Article, lists of non-voting members of the district election commission,
persons indicated in Clause 5 Article 29 of this Federal Law who were present
when the voting returns were tabulated and election results determined and
other documentation provided for by this Federal Law shall be kept by the
secretary of the district election commission until the official publication of
the general election results and, after this publication, shall be transferred
to the election commission of a Subject of the Russian Federation.
13. The third copies of the protocols, the third
copies of the summary tables and records indicated in Clause 8 of this Article
shall be given for examination and copying to members of the district election commission,
non-voting members of higher election commissions, persons indicated in Clause
5 Article 29 of this Federal Law and shall be displayed for general public at
the place to be designated by a district election commission. Nine days after
voting day the third copies of the protocols, summary tables and records shall
be transferred to the election commission of a Subject of the Russian
Federation.
14. If, after the protocol of voting returns,
election results of a district election commission and/or the summary table
were signed and their first copies were sent to Central Election Commission of
the Russian Federation, the district election commission which had drawn up the
protocol, summary tables finds an inaccuracy (including slip of the pen, misprint,
error in the summation of the data of protocols of territorial election
commissions), it shall call a meeting to consider the question of correcting
the protocols and/or the summary tables. In its announcement about this meeting
to be made in accordance with Clause 2 Article 29 of this Federal Law the
district election commission shall indicate that it is going to consider this
matter at the meeting. It shall be mandatory that the 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 district election commission shall draw up a
protocol of voting returns, election results and/or a summary table on which a
note "Corrected" shall be made. The said protocol, summary table
shall be immediately forwarded to the Central Election Commission of the
Russian Federation.
15. Upon detection of errors, inconsistencies in
the protocols of voting returns and when doubts arise as to the correctness of
the protocols received from lower election commissions a district election
commission may resolve that a precinct or a territorial election commission
carry out vote recounting or that the district election commission itself
recount the votes in the corresponding electoral precinct, territory.
16. In the case indicated in Clause 15 of this
Article votes shall be recounted in the presence of a voting member (voting
members) of the district election commission by the election commission which
drew up and approved the protocol being verified or by a higher (territorial or
district) election commission. The election commission which is to recount
votes shall inform about the recounting members of the appropriate election
commission, registered candidates, or their agents, other persons indicated in
Clause 2 Article 29 of this Federal Law, who shall be 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 on which a note "Recounting of votes" shall be made. If the
protocol is drawn up by a lower election commission, it shall be immediately
forwarded to the district election commission.
1. On the basis of the data contained in the first
copies of Protocols No. 2 of Voting Returns received directly from the district
election commissions, the Central Election Commission of the Russian
Federation, having checked the protocols to make sure that they are drawn up
correctly, shall determine the election results for the federal electoral
district by adding up the data contained in the protocols. The data contained in
the protocols of district election commissions shall be added up directly by
the voting members of the Central Election Commission of the Russian
Federation.
2. The number of voters who took part in the
voting shall be determined from the number of standard ballots found in the
ballot boxes.
3. If not less than two federal lists of
candidates each of which has received five and more percent of votes of voters
who took part in the voting in the federal electoral district have together
polled a total of more than 50 percent of votes of voters who took part in the
voting, these federal lists of candidates shall be included in the distribution
of deputy mandates. In this case, the federal lists of candidates which have
received less than 5 percent of votes of voters who took part in the voting in
the federal electoral district shall be excluded from the distribution of
deputy mandates in the federal electoral district.
4. If the federal lists of candidates each of
which has received 5 and more percent of votes of voters who took part in the
voting in the federal electoral district have together have polled a total of
50 or less than 50 percent of votes of voters who took part in the voting in
the federal electoral district, the federal lists of candidates each of which
has polled 5 percent and more than 5 percent of votes of voters who took part
in the voting in the federal electoral district shall be included in the
distribution of deputy mandates along with federal lists of candidates, in the
order of the decreasing number of votes, which have polled less than 5 but more
than 3 percent of votes of voters who took part in the voting in the federal
electoral district, up to a point where the total number of votes of voters
cast for the federal lists of candidates included in the distribution of deputy
mandates exceeds 50 percent of votes of voters who took part in the voting.
5. If one federal list of candidates has polled
more than 50 percent of votes of voters who took part in the voting in the
federal electoral district and the other federal lists of candidates have
received less than 5 percent of votes of voters who took part in the voting in
the federal electoral district, the federal list of candidates which has
received the maximum number of votes of voters who took part in the voting in
the federal electoral district among the federal lists which have received less
than five percent of votes of voters who took part in the voting in the federal
electoral district shall be also included in the distribution of deputy
mandates.
6. The federal lists of candidates included in the
distribution of deputy mandates shall receive mandates in accordance with a
procedure set forth in Article 82 of this Federal Law. Before this procedure is
applied deputies elected to the State Duma in single-mandate electoral
districts shall be excluded from each federal list of candidates.
7. Deputy mandates received by the federal list of
candidates shall, first of all, be awarded to registered candidates in the
federal part of the federal list of candidates. The remaining deputy mandates
shall be awarded to registered candidates from the regional groups, with each
of these groups receiving a number of the remaining deputy mandates
proportional to the number of votes cast for the federal list of candidates in
the given Subject of the Russian Federation or a group of Subjects of the
Russian Federation. This number of deputy mandates shall be determined as
provided by Article 82 of this Federal Law.
8. Deputy mandates shall be distributed among the
candidates on the federal list of candidates of an electoral association,
electoral bloc in the order in which the candidates are arranged on this list
as established when the given list was registered by the Central Election Commission
of the Russian Federation, this order being regarded (within the federal part
of the federal list of candidates and within each regional group of candidates)
as the order of priority for receiving the mandates.
9. A registered candidate who is entitled to a
deputy mandate in accordance with his/her place on the federal list of
candidates may refuse to accept a deputy mandate. An statement of refusal shall
not be recalled. In this case, the mandate shall be given to the next
registered candidate on the same list as provided by Clause 8 Article 82 of
this Federal Law. If the refusing candidate is among the first three candidates
in the federal part of the federal list of candidates, the provisions of Clause
3 Article 88 of this Federal Laws shall apply.
10. The Central Election Commission of the Russian
Federation shall draw up a protocol of distribution of deputy mandates in the
federal electoral district between electoral associations, electoral blocs,
wherein the following data shall be included:
(a) the number of district election commissions in
the Russian Federation;
(b) the number of protocols of district election
commissions on which this protocol is based;
(c) the summary data for the whole of the Russian
Federation with regard to all items of Protocols No.2 of Voting Returns of
district election commissions;
(d) the names of electoral associations, electoral
blocs whose federal lists of candidates have been included in the distribution
of deputy mandates and the number of mandates due to each of them;
(e) the names of the regional groups of candidates
on the federal lists of candidates included in the distribution of deputy
mandates and the number of mandates due to each of them;
(f) the first, middle and last name of the elected
deputies from each federal list of candidates.
11. The Central Election Commission of the Russian
Federation shall declare the election in the federal electoral district not to
have taken place if:
(a) less than 25 per cent of the voters on the
voter lists have taken part in the election in the federal electoral district;
(b) none of
the federal lists of candidates has received 5 percent or more than 5 percent
of votes of voters who took part in the voting in the federal electoral
district;
(c) the federal lists of candidates that may be
included in the distribution of deputy mandates in accordance with Clauses 3
and 4 of this Article have together received a total of less than 50 percent of
votes of voters who took part in the voting in the federal electoral district.
12. The Central Election Commission shall declare
the voting returns for the federal electoral district 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 for the federal electoral district have been declared null and
void is not less than one-fourth of the total number of electoral precincts or
if the voting returns have been declared null and void in not less than
one-third of electoral districts;
(c) by a court decision.
13. The election shall not be declared null and void
because of violations of this Federal Law which aimed to facilitate election of
federal lists of candidates or to encourage or encouraged voters to vote for
the federal lists of candidates that have not taken part in the distribution of
deputy mandates.
14. The protocol of election results for the
federal electoral district 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 of election results for the Federal electoral
district including the complete data of all protocols of voting returns
received from the district election commissions.
15. A voting member of the Central Election
Commission of the Russian Federation who does not agree with the protocol in
full or with certain provisions thereof shall be entitled to attach his/her
dissenting opinion to the protocol and an appropriate note to this effect shall
be made therein. Complaints (statements) about violations of this Federal Law
and decisions taken thereon shall also be attached to the protocol.
16. Certified copies of the protocol and of the
summary table shall be circulated to all members of the Central Election
Commission, persons indicated in Clause 1 Article 29 of this Federal Law, media
representatives who were present when the election results were determined for
the federal electoral district.
17. If, after the protocol of distribution of
deputy mandates for the federal electoral district between the federal lists of
candidates and/or the summary table have been signed, the Central Election
Commission of the Russian Federation finds an inaccuracy in these documents
(including a slip of the pen, misprint, error in the summation of the data of
protocols of precinct 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 29 of this Federal
Law the Central Election Commission shall indicate that it is going to consider
this matter at the meeting. It shall be mandatory that the Central Election
Commission make its decision known to its non-voting members, other persons who
were present when the previously approved protocol was drawn up as well as to
media representatives.
18. Upon detection of errors, inconsistencies in
the protocols of voting returns and when doubts arise as to the correctness of
the protocols received from district election commissions the Central Election
Commission of the Russian Federation may resolve that votes be recounted in the
given electoral precinct, territory, district.
19. In the case indicated in Clause 18 of this
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 which is
to be verified or by a higher election commission or the Central Election
Commission of the Russian Federation. The election commission which is to
recount votes cast by voters shall inform about the recounting members of the
given election commission, registered candidates or their agents, other persons
indicated in Clause 5 Article 29 of this Federal Law, who shall be 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, protocol of election results whereon a note
"Votes recounted" shall be made.
1. On the basis of the protocol of the Central
Election Commission of the Russian Federation certifying the distribution of
deputy mandates between electoral associations, electoral blocs in the federal
electoral district and on the basis of Protocols No. 1 of district election
commissions the Central Election Commission of the Russian Federation shall,
within two weeks after voting day, determine the general results of the
election.
2. The Central Election Commission of the Russian
Federation shall declare the election in a single-mandate electoral district
null and void if the violations committed in the course of voting or
determination of voting returns, general election results do not make it
possible reliably to establish the results of the expression of the voters’
will.
1. The Central Election Commission of the Russian
Federation shall calculate the sum total of votes cast by voters in the federal
electoral district for federal lists of candidates included in the distribution
of deputy mandates in accordance with the rules set forth in Clauses 3 to 5 of
Article 80 of this Federal Law. This sum total of votes shall be divided by 225
- the number of deputy mandates to be distributed in the federal electoral district.
The result shall be the first electoral quotient that shall be used during the
distribution of mandates between the federal lists of candidates.
2. After this, the number of votes of voters
polled by each federal list of candidates included in the distribution of
deputy mandates shall be divided by the first electoral quotient. The integer
part of the number obtained as a result of such division shall represent the
number of deputy mandates to be received by the given federal list of
candidates as a result of the primary distribution of mandates.
3. If, after performance of the operations
indicated in Clause 2 of this Article, there remain undistributed mandates, a
secondary distribution shall be made. The federal lists of candidates, which
have the largest fractional part of the number obtained as a result of division
performed in conformity with Clause 2 of this Article shall each receive one of
the undistributed deputy mandates. In case the fractional parts are equal,
preference shall be given to the federal list of candidates which has polled
more votes.
4. Then, deputy mandates shall be distributed
inside each federal list of candidates - between regional groups of candidates
and the federal part of the federal list (if any). At the first stage of this
distribution, the number of registered candidates included in the federal part
of the federal list shall be determined. These registered candidates shall be
the first to receive deputy mandates according to their position on the federal
list of candidates.
5. If, after deputy mandates have been awarded to
registered candidates from the federal part of the federal list, there remain
deputy mandates due to the given federal list of candidates, they shall be distributed
inside the federal list of candidates between the regional groups of candidates
as follows. The sum total of votes of voters cast for a federal list of
candidates in Subjects of the Russian Federation (groups of Subjects of the
Russian Federation) corresponding to the regional groups of candidates into
which the federal list of candidates was divided (hereafter "voters’ votes
cast for regional groups of candidates") shall be divided by the number of
deputy mandates to be distributed between the regional groups of candidates of
the given federal list of candidates. The result of the division shall be the
second electoral quotient of the given federal list of candidates, which shall
be used in the distribution of deputy mandates between the regional groups of
candidates of the given list.
6. Then, the number of voters’ votes cast for each
regional group of candidates shall be divided by the second electoral quotient
of the given federal list of candidates. The integer part of the number
obtained as a result of such division shall represent the number of deputy
mandates to be received by the appropriate regional group of candidates as a
result of the primary distribution of deputy mandates inside the given federal
list of candidates.
7. If, after performance of the operations
indicated in Clause 6 of this Article, there remain undistributed deputy
mandates due to the federal list of candidates, the secondary distribution of
the deputy mandates shall be carried out between the regional groups of this
federal list of candidates. Undistributed deputy mandates shall be awarded, one
by one, to the regional groups of candidates which have the largest fractional
part of the number obtained as a result of the division which was carried out
in accordance with Clause 6 of this Article. In the event of the equality of
the fractional parts preference shall be given to the regional group of
candidates which has a larger number of votes used in the calculations under
Clause 6 of this Article.
8. If, in the course of the distribution of deputy
mandates inside a federal list of candidates, one of or several regional groups
are found to lack the required number of registered candidates, the deputy
mandates that remain undistributed shall be subjected to additional distribution
between the regional groups of the same federal list of candidates in which
there are candidates who have not received deputy mandates. If, as of the time
of additional distribution, there are regional groups that have not received
deputy mandates when the mandates were distributed in accordance with the
values of the frictional parts in accordance with Clause 7 of this Article and
among these regional groups there are groups which include registered
candidates who have not yet received deputy mandates, one mandate shall be
awarded to each of the said regional groups of candidates. The deputy mandates
shall be awarded in the same order (in accordance with the value of the
frictional parts) to be determined on the basis of the second electoral quotient
that was initially calculated. If, in the course of additional distribution,
there remain no regional groups of candidates that have received no deputy
mandates in accordance with the aforementioned procedure but some deputy
mandates still remain undistributed, these deputy mandates shall be awarded,
one by one, to the regional groups of candidates with the smallest coefficient
of additional distribution to be calculated for each of the said regional
groups. The coefficient of additional distribution for each regional group of
candidates shall be calculated by dividing the number of deputy mandates that
were already awarded to the given regional group of candidates by the number of
votes received by this regional group of candidates. In the event of the
equality of the said coefficient the deputy mandates shall be awarded to the
regional group of candidates which polled the largest number of votes. If,
after such distribution, the number of deputy mandates subject to additional
distribution, exceeds the number of the regional groups of candidates that are
eligible to receive them, the distribution procedure shall be repeated as many
times as necessary, with the said coefficient to be calculated anew each time.
Additional distribution shall be also carried out in other cases provided by
this Federal Law.
9. If, after distribution of deputy mandates
between the federal lists carried out in accordance with Clauses 1, 2 and 3 of
this Article, one or more deputy mandates have to be additionally distributed between
all or some federal lists of candidates, distribution of the deputy mandates
between the federal lists of candidates shall be carried out in accordance with
an additional distribution procedure set forth in Clause 8 of this Article. In
this case, deputy mandates shall be first awarded to the federal lists of
candidates which received no deputy mandates when deputy mandates were
distributed in accordance with the value of the fractional parts and then
deputy mandates shall be awarded in accordance with the coefficient of
additional distribution of deputy mandates to be calculated for each federal
list of candidates by dividing the total number of deputy mandates that were
already received by the given federal list by the number of votes polled by the
list. When given to a federal list of candidates the deputy mandates shall be
awarded to candidates from the federal part of the list of candidates who have
not received a deputy mandate and, in the absence of such candidates, to
candidates from the regional group of candidates of the given federal list of
candidates, in accordance with the additional distribution procedure set forth
in Clause 8 of this Article. Only those federal lists of candidates shall be
eligible for participation in the additional distribution which have candidates
who have not received deputy mandates.
10. If, after the initial distribution of deputy
mandates, a registered candidate refused to accept a mandate or a registered
candidate did not resign responsibilities incompatible with the status of a
deputy and if a deputy mandate became vacant because of other reasons, this
mandate shall be awarded to a registered candidate from the same federal list
of candidates, unless provided otherwise by this Federal Law. The deputy
mandate shall be awarded to the first of the registered candidates who have not
received deputy mandates in the same regional group of candidates (the federal
part) of the federal list of candidates which included the candidate whose
mandate became vacant. If there are no candidates in the given regional group
of candidates (in the federal part) who have not received deputy mandates, the
vacant mandate shall be distributed between the other regional groups of
candidates of the same federal list of candidates in accordance with the
additional distribution procedure set forth in Clause 8 of this Article.
11. If, in the course of the distribution of
deputy mandates inside a federal list of candidates, there remain no registered
candidates who have not received deputy mandates, the undistributed deputy
mandates shall remain vacant until the next election of deputies of the State
Duma.
1. If the election in some electoral district has
been declared not to have taken place or null and void on the grounds indicated
in Articles 79 to 81 of this Federal Law, or if the results thereof were
nullified according to Clause 4 Article 84 of this Federal Law, the Central
Election Commission of the Russian Federation shall call a repeat election to
be held in accordance with a procedure and within time limits established by
this Federal Law. The voting in the repeat election shall be held not later
than four months after the original election or not later than three months
after the election was declared not to have taken place or null and void. In
the event of a repeat election the periods of electoral actions may be reduced,
however not more than by one-third, by a decision of the Central Election
Commission of the Russian Federation. The announcement about a repeat election
shall be published in the mass media not later than five days after an
appropriate decision was taken. The Central Election Commission of the Russian
Federation may order that the powers of territorial and precinct election
commissions be prolonged or that, in such cases, new district, territorial and
precinct election commissions be formed in accordance with a procedure
established by Articles 20 and 21 of this Federal Law. If the repeat election
in a single-mandate electoral district has been declared not to have taken
place because of the circumstances indicated in Clause 2 Article 79 of this
Federal Law, the voting in the next repeat election in this single-mandate
electoral district shall be conducted within a year of the last repeat
election.
2. A repeat election shall not be called and
conducted if, as a result of this election, a deputy of the State Duma cannot
be elected for a term exceeding one year until the end of the constitutional
period for which the State Duma of the corresponding convocation has been
elected.
3. When a repeat election is to be held to fill a
vacant deputy mandate a deputy of the State Duma shall not be nominated as a
candidate.
1. Having signed the protocol of election results
the appropriate election commission shall promptly notify about this the
registered candidate elected to the State Duma, after which the candidate
shall, within five days, present to the appropriate election commission a copy
of the order (other document) relieving him/her of the duties incompatible with
the status of a deputy of the State Duma or copies of the documents certifying
that, within three days, he/she has filed an application to be relived of such
duties.
2. If a registered candidate elected as a result
of the distribution of deputy mandates on the federal list of candidates of an
electoral association, electoral bloc fails to comply with the requirements of
Clause 1 of this Article, he/she shall be excluded from the federal list of
candidates and the Central Election Commission of the Russian Federation shall
transfer his/her deputy mandate to another registered candidate on the same
federal list of candidates in accordance with a procedure set forth in Clauses
6 and 9 Article 82 of this Federal Law.
3. If a registered candidate who has not resigned
the responsibilities incompatible with the status of a deputy of the State Duma
occupied one of the top three places in the federal part of the federal list of
candidates of an electoral association, electoral bloc, the federal list of
candidates of the electoral association, electoral bloc which nominated this
deputy shall lose the deputy mandate. In this case, the vacant mandate shall be
transferred to another electoral association, electoral bloc in accordance with
the procedure for additional distribution of deputy mandates specified in
Clause 9 Article 82 of this Federal Law. This provision shall not apply to
candidates who occupied the state offices of Chairman or Deputy Chairmen of the
Government of the Russian Federation when voting was conducted.
4. If a registered candidate elected in a
single-mandate electoral district fails to comply with the requirements of
Clause 1 of this Article, the Central Election Commission shall annul the
election results in this electoral district and shall announce a repeat
election. If a candidate fails to comply with the requirements of Clause 1 of
this Article without compelling reasons indicated in Clause 16 Article 51 and
Clause 3 Article 88 of this Federal Law and, as a result of this, a repeat
election have been announced, this candidate shall fully compensate for the
federal budget funds to be spent by appropriate election commissions on the
conduct of the repeat election.
5. After official publication of the general
election results and after a registered candidate has presented a copy of the
order (other document) relieving him/her of the duties incompatible with the
status of a deputy of the State Duma the appropriate election commission shall
register the elected deputy of the State Duma and issue a certificate of
election to the deputy.
1. Voting returns for each electoral precinct,
territory, election results for an electoral district within the scope of data
contained in the protocols of appropriate election commissions and election
commissions of the next lower level shall be made available for examination to
voters, registered candidates, agents of registered candidates, electoral
associations, electoral blocs, their authorized representatives, observer,
foreign (international) observers, media representatives on request immediately
after the protocols of voting returns, election results have been signed by the
election commission from which these data were requested. The appropriate
election commission shall provide the said data.
2. District election commissions, the Central
Election Commission of the Russian Federation shall provide the general data
about election results in electoral districts to the mass media within one day
after the election results have been determined.
3. A district election commission or the election
commission of a Subject of the Russian Federation shall officially publish in
the mass media indicated in Clause 3 Article 55 of this Federal Law the data
contained in Protocols No. 1 and No. 2 of all precinct election commissions of
the given single-mandate electoral district not later than two weeks after
voting day. Subject to official publication shall be all numerical data
contained in the protocols of each precinct election commission of the district.
If vote recounting was carried out in some electoral precincts, territories and
the results of the recounting were received by the district election commission
past this deadline, the district election commission shall officially publish
the corrected data within a week after it has taken a decision based on these
data.
4. The general election results as well as the
data concerning the number of votes received by each registered candidate
(federal list of candidates), the number of votes cast against all candidates
(federal lists of candidates) shall be officially published by the Central
Election Commission of the Russian Federation not later than three weeks after
voting day. Within the same period, the Central Election Commission of the
Russian Federation shall officially publish the complete data of Protocols No.
1 and No. 2 of all district election commissions in its official bulletin.
5. Within two months after voting day, the Central
Election Commission of the Russian Federation shall officially publish in its
bulletin the information about the voting returns, including complete data of
the protocols of all election commissions with the exception of precinct
commissions, as well as the information about all elected deputies as provided
by Clause 5 Article 71 of this Federal Law.
1. The state automated information system or its
separate technical facilities may be used in the election of deputies of the
State Duma, specifically, in the registration of voters, compilation of voter
lists, tabulation of voting returns and determination of election results for
reception, transmission and processing of information. The requirements to the
state automated information system and the procedure 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, protocol of election results
has been signed its data shall be transmitted in an electronic form to the
higher election commission via technical communication channels of the state
automated information system, with a mandatory provision that the first copy of
the protocol of voting returns, protocol of election results shall be
subsequently submitted to the higher election commission.
3. The appropriate election commission shall form
a group consisting of its voting and non-voting members 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 automation
units; exercise control over correct entry of data from the protocols of
election commissions, correct re-entry or correction of entered data subject to
a decision of the election commission; monitor compliance with the requirements
of this Federal Law, directives 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 mandatory documentation of the actions prescribed by the
rules and plans of election commissions (entries in the journal, acts, records,
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 members of the commission and non-voting
members of the 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 on machine readable carriers the data on the protocols
of voting returns, election results and appropriate summary tables. 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 removal. The results of the checkups
carried out by the supervisory group shall be recorded in the documentation of
the information center (service) of the given election commission.
6. From the beginning of voting and up to the time
when the appropriate election commission signs the protocol of voting returns,
election results, the state automated information system in which the data are
transmitted form lower election commissions to higher election commissions
shall be used for monitoring the progress and results of voting by means of
transmission of data from lower election commissions to higher election
commissions. During this period transmission of any data from the information
centers of higher election commissions to the information centers of lower
election commissions shall be prohibited, except for the signals acknowledging
receipt of information.
7. the data about the progress of voting and
results thereof received through the state automated information system shall
be regarded as preliminary information of no legal significance.
8. The available computer printout containing 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 group supervising the
use of the state automated information system and the person responsible for
data entry.
9. The data concerning the voter turnout,
preliminary and final voting returns, election results entered into the state
automated information system shall be readily accessible (in the "read
only" mode) to the users of the public information-communication network
in accordance with a procedure established by the Central Election Commission
of the Russian Federation.
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 precinct,
territorial commissions expire.
2. Documents of district election commissions, election
commissions of 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 election commissions shall
be kept by these commissions for periods established by Russian Federation law.
3. Safekeeping periods for ballots, absentee
certificates, voter lists shall be not less than one year after the day of
official publication of the election results, and 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 the next main election of
deputies of the State Duma was officially published. Financial reports of
election commissions, final financial reports of registered candidates,
electoral associations, electoral blocs which registered federal lists of
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 State Duma deputies was
officially published.
4. Ballots, absentee certificates, lists of
voters, 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,
electoral associations, electoral blocs which registered federal lists of
candidates shall be documents subject to strict accountability. The
responsibility for the preservation of electoral documentation shall rest with
the chairman (deputy chairman) and the secretary of the appropriate election
commission until the documentation is handed over to the higher election
commission or to the archives.
1. If a deputy elected through the distribution of
deputy mandates between federal lists of candidates of electoral associations,
electoral blocs vacates office before its term expires, the Central Election
Commission shall transfer his/her mandate to a candidate on the same federal
list of candidates in accordance with the methods specified in Clause 6 Article
82 of this Federal Law.
2. A resolution to terminate powers of a deputy of
the State Duma elected as a result of the distribution of deputy mandates
between federal lists of candidates of electoral associations, electoral blocs
on the grounds established by a federal law shall be taken by the State Duma
within ten days after such grounds arise or, in the event of an interruption in
the sessions of the State Duma, within ten days after their resumption. Powers
of a deputy of the State Duma shall also be terminated if the deputy submits a
written application giving up his/her powers, from the date of the said
application.
3. Clause 1 of this Article shall not apply to
deputies who vacate office without any compelling reasons within a period less
than one year from the day of the election of deputies of the State Duma, if
these deputies occupied one of the top three places in the federal part of the
federal list of candidates at the time the federal list of candidates was
certified. In this case, the Central Election Commission of the Russian
Federation shall transfer the deputy mandate to another federal list of
candidates among those which participated in the distribution of deputy
mandates in the State Duma of the given convocation in accordance with Clause 9
Article 82 of this Federal Law. The circumstances compelling a deputy to vacate
a deputy mandate shall be appointment to a government office specified by the
Constitution of the Russian Federation and the circumstances indicated in
Clause 16 Article 51 of this Federal Law.
4. The federal list of candidates which lost a
deputy mandate in accidence with Clause 3 of this Article shall not be entitled
to receive any deputy mandates vacated as a result of early withdrawal of
candidates who occupied one of the top three places in the federal .part of
federal lists of candidates.
5. If there are no more registered candidates on
the federal list of candidates, the vacancy shall remain unfilled until the
next main elections to the State Duma.
1. A resolution to terminate powers of a deputy of
the State Duma elected in a single-mandate electoral district on the grounds
established by a federal law shall be taken by the State Duma within ten days
after such grounds arise or, in the event of an interruption in its sessions,
within ten days after their resumption. If a deputy elected in a single-mandate
electoral district submits a written statement giving up his/her powers, such
powers shall be terminated from the date of the said statement.
2. Within a month from the day on which a deputy’s
vacancy is created, the Central Election Commission of the Russian Federation
shall call a by-election to elect a deputy of the State Duma in the given
single-mandate electoral district. The voting in such election shall be held
within the time limits established in Clause 2 Article 5 of this Federal law.
3. A by-election shall not be announced and held
if, as a result of this election, a deputy of the State Duma cannot be elected
for a term exceeding one year before expiration of the constitutional term for
which the State Duma of the given convocation was elected. If a by-election
held in a single-mandate electoral district was declared not to have taken
place because of the circumstances indicated in Clause 2 Article 79 of this
Federal Law, voting in the repeat by-election may be conducted not later than a
year after the last by-election. The by-election shall be announced not later
than four and earlier than five months before voting day.
4. When a by-election is to be held to fill a
deputy vacancy in the State Duma, a deputy of the State Duma shall not run as a
candidate.
5. In a by-election candidates in a single-mandate
electoral district shall be nominated and registered and other electoral
actions shall be performed in accordance with this Federal Law.
1. Decisions and actions (inaction) which violate
electoral rights of citizens may be appealed by voters, candidates, registered
candidates, electoral associations, electoral blocs, their agents, other public
associations, agents of registered candidates, electoral associations,
electoral blocs, observers and election commissions. If the violations
indicated in a complaint (complaints) 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 consider the
substance of the complaint.
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 Subjects of the Russian Federation,
district election commissions and decisions, actions (inaction) of officials of
these election commissions shall be appealed in a 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 and
election results, other decisions of an election commission as well.
5. If a decision of an election commission has
been reversed by a court, a new decision on the substance of the matter shall
be taken by the election commission whose decision was reversed or by a higher
election commission on the basis of a court decision. 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 an investigation to check the facts relating to violation of this
Federal Law shall not be regarded as a breach of immunity of a registered
candidate who was declared elected in accordance with applicable Russian
Federation law. A 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 in the course
of his/her election. Consideration by a court of an appeal against a decision
of an election commission concerning voting results, election results or the
conduct of a preliminary investigation shall not require the Duma’s consent to
the suspension of the immunity of a registered candidate who has been declared
elected.
7. Decisions and actions (inaction) of election
commissions and their officials violating electoral rights of citizens may be
appealed in a higher election commission.
8. When examining cases which involve refusal of
registration of a candidate, federal list of candidates, withdrawal of
registration of a registered candidate, federal list of candidates, when
considering application to the Supreme Court of the Russian Federation for
declaring the election of a registered candidate, federal list of candidates
null and void an election commission shall be entitled to require and receive
documents and materials, hear explanations of officials and citizens.
9. The higher election commission shall be
entitled to reverse the decision of a lower election commission and order it to
consider the matter again or take a decision on the substance of a complaint or
appeal.
10. Preliminary application to a higher election
commission shall not be an obligatory condition for application to a court.
11. If a complaint has been accepted for
consideration by a court and a similar complaint was lodged with an election
commission by the persons made the first complaint, the given election
commission shall suspend consideration 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 entry into legal force of the
court decision taken upon its consideration.
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 before 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. In respect of appeals against a decision of an election commission
concerning voting results, election results, a court shall adopt a decision
within two months from the day on which the appeal was filed.
13. Courts and public prosecutor’s offices shall
organize their work (including on days-off) so as to ensure prompt
consideration of complaints within the periods prescribed by this Federal Law.
1. If a candidate, registered candidate, an
electoral association, electoral bloc violates this Federal Law, the
appropriate election commission shall be entitled to make a warning to this
candidate, registered candidates, electoral association, electoral bloc which
shall be made known to voters through the mass media or by some other method.
An election commission may take a decision to refuse registration of a
candidate, federal list of candidates, to annul the decision to register a
candidate, federal list of candidates, to declare election of a candidate,
federal list of candidates null and void, to annul the decision concerning
voting returns, election results even if such a warning was not issued.
2. An election commission may refuse registration
of a candidate, federal list of candidates if:
(a) it has been established that the information
provided by a candidate, an authorized representative of an electoral
association, electoral bloc in accordance with this Federal Law are not
accurate and their inaccuracy is essential;
(b) it has been established that election
campaigning was conducted by a candidate prior to his/her registration by a
district election commission, by an electoral association, electoral bloc prior
to the registration of its federal list of candidates by the Central Election
Commission of the Russian Federation;
(c) it has been established that voters were
bribed i.e., a candidate, an electoral association, electoral bloc, its
authorized representative has committed an act prohibited by Clause 2 Article
60 of this Federal Law;
(d) gross or repeated violations have been
committed of the rules prohibiting the governing bodies of enterprises of all
forms of ownership from taking part in the organization of signature collection
and the rules banning coercion in the course of signature collection,
solicitation of voter signatures for any form of remuneration, collection of
signatures where and when wages are paid;
(e) when financing his/her election campaign, a
candidate who was nominated in a single-mandate electoral district has used
monetary resources to finance his/her election campaign other than those of
his/her electoral fund in the amount exceeding 0.5 percent of the maximum
amount established by this Federal Law for a candidate’s expenditures from the
electoral fund;
(f) when financing its election campaign, an
electoral association, electoral bloc has used monetary resources to finance
its election campaign other than those of its electoral fund in the amount
exceeding 0.5 percent of the maximum amount established by this Federal Law for
expenditures of an electoral association, electoral bloc from the electoral
fund;
(g) a candidate nominated in a single-mandate
electoral district has exceeded expenditures from the electoral fund by more
than 0.5 percent of the maximum amount of expenditures from the electoral fund
of a candidate established by this Federal Law;
(h) an electoral association, electoral bloc has
exceeded expenditures from the electoral fund by more than 0.5 percent of the
maximum amount of expenditures from an electoral fund of a electoral
association, electoral bloc established by this Federal Law;
(i) in the course of the election campaign a
candidate, an electoral association, including an electoral association within
an electoral bloc, an authorized representative of an electoral association,
electoral bloc, an organization whose founders, owners, possessors are and/or
whose governing bodies include the aforementioned persons and 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 natural persons or legal entities providing such aid or services on their behalf;
(j) a candidate, an electoral association,
electoral bloc has not submitted the first financial report;
(k) a candidate, an authorized representative of
an electoral association, electoral bloc has taken advantage of their official
position or status;
(l) on other grounds indicated in this Federal
Law.
3. Registration of a candidate, federal list of
candidates may be annulled by an election commission or a court not later than
a day preceding voting day if:
(a) a violation of this Federal Law indicated in
Clause 2 of this Article has been discovered after registration of the
candidate, federal list of candidates;
(b) a registered candidate, an electoral
association, electoral bloc, an agent of a registered candidate, an agent,
authorized representative of an electoral association, electoral bloc has
conducted propaganda in the territory of a military units, in a military
organization or institution;
(c) a registered candidates, electoral
association, electoral bloc, their agents have produced and (or) disseminated
printed, audiovisual and other election propaganda materials in violation of
Clauses 3 and 4 Article 59 of this Federal Law;
(d) in the course of the election campaign a
registered candidate, an electoral association, including an electoral
association within an electoral bloc, an authorized representative of an
electoral association, electoral bloc, an agent of a registered candidate, of
an electoral association, electoral bloc, an organization whose founders,
owners, possessors are and/or whose governing bodies include the aforementioned
persons and organizations (representatives of these organiztions) have 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 natural persons or legal entities providing
such aid or services on their behalf;
(e) a registered candidate, an authorized
representative of an electoral association, electoral bloc has taken advantage
of his/her official position or status;
(f) a registered candidate, an electoral
association, electoral bloc has not submitted the financial report in due time;
(g) a registered candidate who is a civil or municipal
servant has not suspended the performance of official duties for the period of
his/her participation in the election;
(h) it has been established that voters were
bribed i.e., a candidate, an electoral association, electoral bloc, its
authorized representative has committed an act prohibited by Clause 2 Article
60 of this Federal Law;
(i) when financing his/her election campaign, a
registered candidate nominated in a single-mandate electoral district has used
monetary resources to finance his/her election campaign other than those of
his/her electoral fund in the amount exceeding 0.5 percent of the maximum
amount established by this Federal Law for a candidate’s expenditures from the
electoral fund;
(j) when financing its election campaign, an
electoral association, electoral bloc which registered a federal list of
candidates has used monetary resources to finance its election campaign other
than those of its electoral fund in the amount exceeding 0.5 percent of the
maximum amount established by this Federal Law for expenditures of an electoral
association, electoral bloc from the electoral fund;
(k) a candidate registered in a single-mandate
electoral district has spent an amount from his/her electoral fund exceeding by
more than 0.5 percent the maximum amount established by this Federal Law for
expenditures of a candidate, registered candidate from the electoral fund;
(l) an electoral association, electoral bloc which
registered a federal list of candidates has spent an amount from its electoral
fund exceeding by more than 0.5 percent the maximum amount established by this
Federal Law for the expenditures of an electoral association, electoral bloc
from the electoral fund;
(m) a registered candidate, an electoral
association, electoral bloc which registered a federal list of candidates has
used unlawful donations contributed to their electoral funds in an amount
exceeding 0.5 percent of the maximum amount of expenditures from the electoral
fund of a candidate, an electoral association, electoral bloc established by
this Federal Law;
4. Registration of a federal list of candidates
may be annulled by the Central Election Commission of the Russian Federation in
the event of violation of the rules laid down by Clause 11 Article 51 of this Federal
Law.
5. An election commission shall be entitled to
refuse to register a candidate, federal list of candidates, ask a court to
annul registration of a candidate, list of candidates if the candidate,
registered candidate, an electoral association, electoral bloc has misused the
freedom of mass information. Having established the fact of misuse of freedom
of information the court shall annul registration of a candidate, federal list
of candidates.
1. If a registered candidate, an electoral
association, electoral bloc has committed violations indicated in Clause 91 of
this Federal Law but the violations were discovered after official publication
of election results, the Central Election Commission of the Russian Federation
may apply to the Supreme Court of the Russian Federation and request that the
election of the candidate, federal list of candidates be declared null and
void.
2. The decision of an election commission on the
election results may be annulled by a court if the court establishes that the
violations indicated in Clause 91 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
a decision of an election commission on the voting returns and election results
in an electoral precinct, territory, single-mandate electoral district, the
federal electoral district if breaches have been committed in respect of the
rules for compilation of voter lists, procedures for the formation of election
commissions, voting and vote counting (including interference with their
monitoring), determination of election results, other provisions 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, a district election
commission, the election commission of a Subject of the Russian Federation, the
Central Election Commission of the Russian Federation may annul a decision of a
precinct, territorial, district election commission on the voting returns and
election results in cases provided by this Federal Law.
5. If voting returns in more than one-fourth of
electoral precincts have been voided, the election in the given single-mandate
electoral district or the federal electoral district shall be declared null and
void. If voting returns for the federal electoral district have been voided in
more than one-third of electoral districts, the election in the federal
electoral district shall be declared null and void.
6. The decision concerning the election results
shall not be annulled because of violations which were conducive to the
election of candidates, registered candidates or which aimed to encourage or
encouraged voters to vote for candidates, registered candidates who have not
been elected according to the voting returns or for federal lists of candidates
which have not taken part in the distribution of deputy mandates.
1. Subject to criminal, administrative or other
responsibility under federal laws shall be the persons who:
(a) by coercion, deception, threats, forgery 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, an electoral association,
electoral bloc or participate in the forgery of such signatures,
(d) bribe voters, i.e., commit an act prohibited
by Clause 2 Article 60 of this Federal Law,
(e) have not gathered and updated information
about registered voters (voter lists) in due time,
(f) disseminate patently false information about
candidates or do other acts and actions damaging the honor and dignity of
candidates,
(g) violate the rights of election commission
members, including non-voting members, observers, foreign (international)
observers, agents of candidates, agents and authorized representatives of
electoral associations, electoral blocs, media representatives, including the
right to receive information and copies of electoral documents in due time and
to certify the said documents,
(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 create conditions for holding mass
events when they are obligated to do so by law,
(k) violate the rules of election campaign funding
established by this Federal Law,
(l) have concealed the remaining ballots or
produced extra ballots, absentee certificates which were not registered by an election
commission,
(m) obstruct or unlawfully interfere with the work
of election commissions or the activity of commission members related to the
performance of their duties,
(n) obstruct voting on 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
false documents, deliberately falsify vote counting or determination of
election results, have not presented or published information about voting results
in default of their duties,
(r) violate the rights of citizens to examine
voter 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, electoral associations,
electoral blocs,
(u) employers refusing to grant a leave of absence
for participation in the election in accordance with this Federal Law or a
temporary release from work for performance of civil duties,
(v) officials of state bodies who have failed to
check information about violations of this Federal Law, other federal laws when
requested to do so by election commissions, and have done nothing to stop these
violations.
2. In accordance with Russian Federation laws on
administrative offences a precinct, territorial, district election commission
and the election commission of a Subject of the Russian Federation, the Central
Election Commission of the Russian Federation shall be entitled to draw up a
protocol of administrative offences 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.
1. This Federal Law shall enter into force on the
day of its official publication.
2. The Federal Law "On the Election of
Deputies of the State Duma of the Federal Assembly of the Russian
Federation" No. 66-FZ of April 28, 1995 (Collection of Russian Federation
Laws, 1995, No. 26, p. 2398) shall hereby be declared invalid.
3. If there is no office of a head of a municipal
unit and the municipal unit has no representative body of local self-government
or if a representative body of local self-government has not appointed a person
authorized to perform electoral actions under this Federal Law, 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. If, as of the day of official publication of a
decision to call the election of deputies of the State Duma in 1999, the
minimum wage established at the beginning of this year is not increased by a
federal law, the monetary amounts related in this Federal Law to a minimum wage
shall be doubled.
5. When the election of deputies of the State Duma
is held for the first time under this Federal Law the period established by
Clause 5 Article 12 of this Federal Law shall not apply and the Central
Election Commission of the Russian Federation shall submit a scheme of
single-mandate electoral districts to the State Duma within seven days after
this Federal Law comes into force.
B. Yeltsyn
President of the Russian Federation
SIGNATURE LIST
Election of Deputies of the State Duma of the
Federal Assembly of the Russian Federation
________ , _____
We, the undersigned, support nomination of Semen
Pavlovich Yablokov, born July 5, 1946, working as lawyer of the Seversk Legal
Service, residing at Tsentralny Village, Seversk Raion, Arkhangelsk Oblast, as
a candidate for election as a deputy of the State Duma in Vostochny
Single-Mandate Electoral District .No. 23.
No.
First, middle, last name
Year of birth (for 18 years, also day and month of
birth)
Address of the place of residence
Series, number, date of issuance of the passport
or equivalent identity paper
Signature and date
I hereby certify the signature list:
____________________________________________________________________________________________
(first, middle and last name, address of the place
of residence, series, number and date of issuance of the passport or equivalent
identity paper of the signature collector, the collector's signature and date)
Candidate____________________________________________________________________________________
(first, middle, last name, signature and date)
If a candidate has a conviction that has not
expired or has not been cancelled, the signature list 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 list
shall indicate this fact along with the name of the corresponding foreign
state.
SIGNATURE LIST
Election of Deputies of the State Duma of the
Federal Assembly of the Russian Federation ________ , _____
(the federal list of candidates was certified by
the Central Election Commission of the Russian Federation
on _______ , ___ )
We, the undersigned, support nomination of the
federal list of candidates for election as deputies of the State Duma from the
Russia Electoral Association, headed by:
1. Ivan Ivanovich Ivanov, born August 10, 1950,
working as engineer-designer at Vympel, Moscow Production Association, residing
in Moscow.
2. Petr Petrovich Petrov, born November 17, 1965,
working as milling machine operator at Shtamp Factory (Tver), residing in Tver.
3. Sergei Sergeevich Sergeev, born December 12, 1969,
working as physician of the ambulance service, Aleksandrovsk district hospital,
residing in Saratov.
A regional group of candidates on the list has
been nominated by the Siberia group of regions. The group is headed by:
1. Valentina Ivanovna Pavlova, born March 2, 1948,
housewife, residing in the village of Vysoky, Irkutsk Oblast.
2. Vasily Vasiljevich Vasiljev, born December 12,
1969, working as broker in NNN, a joint-stock company (Lesnoy, Omsk Oblast),
residing in Omsk.
3. Aliya Serafimovna Ibragimova, born September 1,
1932, pensioner, residing in Surgut, Tyumen Oblast.
No.
First, middle, last name
Year of birth (for 18 years, also day and month of
birth)
Address of place of residence
Series, number, date of issuance of the passport
or equivalent identity paper
Signature and date
I hereby certify the signature list:
____________________________________________________________________________________________
(first, middle and last name, address of the place
of residence, series, number, date of issuance of the passport or equivalent
identity paper of the signature collector, the collector's signature and date)
Authorized representative of the electoral
association, electoral bloc:
____________________________________________________________________________________________
(first, middle and last name, signature and date)
_____________________________________________________________________________________________________
(name of the Subject of the Russian Federation where
signatures were collected)
SIGNATURE LIST
Election of Deputies of the State Duma of the
Federal Assembly of the Russian Federation
________ , _____
We, the undersigned, support nomination of Nikolai
Nikolajevich Nikolajev, born August 15, 1956, working as Director of Ryazan
Brick Factory, residing in Ryazan, as a candidate for election as a deputy of
the State Duma from the Abrikos Electoral Association.
No.
First, middle, last name
Year of birth (for 18 years, also day and month of
birth)
Address of the place of residence
Series, number, date of issuance of the passport
or equivalent identity paper
Signature and date
I hereby certify the signature list:
__________________________________________________________________________________________
(first, middle and last name, address of the place
of residence, series, number, date of issuance of the passport or equivalent
identity paper of the signature collector, the collector’s signature and date)
The candidate:
___________________________________________________________________________
(first, middle and last name, signature and date)
If a candidate has a conviction that has not
expired or has not been cancelled, the signature list 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 list
shall indicate this fact along with the name of the corresponding foreign
state.
Annex 4
Property Report
I, candidate for election as deputy of the State
Duma of the Federal Assembly of the Russian Federation,
_______________________________________________________
(first, middle and last name)
___________________________________________________________________________
(main place of work, position (occupation, if
there is no main place of work)
residing at the following
address__________________________________________________________
(address of the place of residence)
hereby present information about the property
which I own (including property in common ownership):
1. Immovable Property
No.
Kind and name of property
Floor space, sq. m
Location of property
1
Land plots*
2
Residential houses
3
Flats
4
Country houses
5
Garages and other structures and buildings
* The area of land plots is measured in hectares
2. Vehicles
No.
Kind of vehicle
Qnty
Model (models)
Cars
Trucks
Other vehicles
____________________
(signature of the candidate)
____________
(date)
Annex 5
Control Relationships for the Data Entered in the
Protocol of Voting Returns
(the numerals indicate lines of the protocol
numbered in accordance with Article 76 of this Federal law)
1 is larger than or equal to 3+5+6
2 is equal to 3+4+5+6
7+7 is equal to 9+10
9 is equal to 18+ all subsequent lines of the protocol.