FEDERAL LAW
On the Election of the President of the
Law
#228-ФЗ
Dated
Adopted by the
State Duma on
Approved by the
Federation Council on
Unofficial
Translation
CONTENTS
CHAPTER I. GENERAL *
Article 1.
Basic Principles of the Election of the President of the Russian Federation *
Article 2.
Legislation on the Election of the President of the Russian Federation *
Article 3.
Electoral Rights of a Citizen of the Russian Federation in the Election of the
President of the Russian Federation *
Article 4.
Federal Electoral District *
Article 5.
Calling of the Election of the President of the Russian Federation *
Article 6.
Right to Nominate Candidates for the Office of President of the Russian
Federation *
Article 7.
Preparation and Conduct of the Election of the President of the Russian
Federation by Election Commissions *
Article 8.
Right to Election Campaigning *
Article 9.
Funding of the Election of the President of the Russian Federation *
Article 10.
Publicity in the Preparation and Conduct of the Election of the President of
the Russian Federation *
Article 11. Inadmissibility
of the Participation in Election Campaigns of Foreign Nationals, Stateless
Persons, Foreign Legal Entities, International Organizations and International
Public Movements *
Chapter II. ELECTION COMMISSIONS *
Article 12. System and Status of
Election Commissions for the Election of the President of the Russian
Federation *
Article 13.
Formation of the Central Election Commission of the Russian Federation,
Election Commissions of the Subjects of the Russian Federation *
Article 14.
Formation of Territorial and Precinct Election Commissions *
Article 15.
Appointment of Non-Voting Members of an Election Commission *
Article 16.
Status of Election Commission Members *
Article 17.
Powers of the Central Election Commission of the Russian Federation *
Article 18.
Powers of the Election Commission of a Subject of the Russian Federation *
Article 19.
Powers of a Territorial Election Commission (Raion, City and Other Election
Commissions) *
Article 20.
Powers of a Precinct Election Commission *
Article 21.
Openness in the Activity of Election Commissions *
Article 22.
Foreign (International) Observers *
Article 23.
Organization of the Activity of Election Commissions *
Chapter III. ELECTORAL PRECINCTS, VOTERS LISTS *
Article 24.
Formation of Electoral Precincts *
Article 25.
Compilation of Voters Lists *
Article 26.
Procedure for Including Citizens in and Excluding Them from the Voters List *
Article 27.
Inspection of Voters Lists by Voters *
Chapter IV. ELECTORAL ASSOCIATIONS, ELECTORAL BLOCS *
Article 28.
Definition of an Electoral Association *
Article 29.
Electoral Blocs *
Article 30.
Name of an Electoral Association, Electoral Bloc *
Article 31.
Authorized Representatives of an Electoral Association, Electoral Bloc *
Article 32.
Participation of Electoral Associations, Electoral Blocs in the Election of the
President of the Russian Federation *
Chapter V. NOMINATION AND REGISTRATION OF CANDIDATES *
Article 33.
Nomination of a Candidate Directly by Voters *
Article 34.
Nomination of a Candidate by an Electoral Association, Electoral Bloc *
Article 35.
Ensuring Equal Status of Candidates *
Article 36.
Collection of Signatures in Support of a Candidate *
Article 37.
Submission of Electoral Documents for Registration of Candidates *
Article 38.
Verification of the Data Contained in Signature Sheets and Information
Submitted by Candidates, Electoral Associations, Electoral Blocs, Initiative
Voters’ Groups *
Article 39.
Registration of a Candidate *
Chapter VI. STATUS OF REGISTERED CANDIDATES *
Article 40.
Equality of Registered Candidates *
Article 41.
Guarantees for the Activity of a Registered Candidate *
Article 42.
Agents of a Registered Candidate *
Article 43.
Withdrawal of a Candidate, Registered Candidate *
Chapter VII. ELECTION CAMPAIGNING *
Article 44.
Election Campaigning and Its Forms *
Article 45.
Election Campaigning Period *
Article 46.
Public Opinion Polls *
Article 47. TV
and Radio Broadcasting Organizations and Periodicals Which Are Used by
Registered Candidates for Election Campaigning *
Article 48.
General Conditions for Election Campaigning on the Channels of TV and Radio
Broadcasting Organizations and in Periodicals *
Article 49.
Conditions for Election Campaigning on TV and Radio *
Article 50.
Conditions for Election Campaigning Through Periodicals *
Article 51.
Conditions for Election Campaigning by Means of Public Events *
Article 52.
Conditions for Production and Distribution of Printed, Audio-Visual and Other
Election Propaganda Materials *
Article 53.
Inadmissibility of Misuse of the Right to Election Campaigning *
Chapter VIII. FUNDING OF THE ELECTION *
Article 54.
Funding of the Preparation and Conduct of the Election of the President of the
Russian Federation *
Article 55.
Electoral Funds of Candidates, Registered Candidates *
Article 56.
Special Electoral Account *
Article 57.
Voluntary Donations to the Electoral Fund of a Candidate, Registered Candidate
*
Article 58.
Reporting Requirements to Electoral Funds *
Article 59.
Return of Money by Candidates, Registered Candidates *
Article 60.
Financial Support of Election Commissions *
Article 61.
Review and Auditing Service of Election Commissions *
Chapter IX. VOTING AND DETERMINATION OF THE RESULTS OF
THE ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION *
Article 62.
Voting Premises *
Article 63.
Ballot *
Article 64.
Absentee Certificate *
Article 65.
Voting *
Article 66.
Early Voting *
Article 67.
Voting Outside the Voting Premises On Voting Day *
Article 68.
Protocol of Voting Returns of a Precinct Election Commission *
Article 69.
Counting of Votes and Compilation of the Protocol of Voting Returns by Precinct
Election Commissions *
Article 70.
Tabulation of Voting Returns by a Territorial Election Commission *
Article 71.
Tabulation of Voting Returns by the Election Commission of the Subject of the
Russian Federation *
Article 72.
Determination of the Results of the Election of the President of the Russian
Federation *
Article 73.
Repeat Voting in the Election of the President of the Russian Federation *
Article 74.
Repeat Election of the President of the Russian Federation *
Article 75.
Publication of the Voting Returns and the Results of the Election of the
President of the Russian Federation *
Article 76. Use
of the State Automated Information System *
Article 77.
Safekeeping of Electoral Documentation *
Chapter X. INAUGURATION OF THE PRESIDENT OF THE
RUSSIAN FEDERATION *
Article 78.
Inauguration of the President of the Russian Federation *
Chapter XI. COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL
RIGHTS, RESPONSIBILITY FOR VIOLATION OF ELECTORAL RIGHTS OF CITIZENS *
Article 79.
Appealing Decisions and Actions (Inaction) Which Violate Electoral Rights of
Citizens *
Article 80.
Grounds for Refusal to Register a Candidate and for Annulment of the Decision
to Register a Candidate *
Article 81.
Grounds for Annulment of the Decision of an Election Commission On Voting
Returns, Results of the Election of the President of the Russian Federation *
Article 82.
Responsibility for Violation of Electoral Rights of Citizens *
Chapter XII. CONCLUDING PROVISIONS *
Article 83.
Entry into Force of this Federal Law *
CHAPTER I. GENERAL
Article
1. Basic Principles of the Election of the President of the
1. The
President of the Russian Federation shall be elected by citizens of the Russian
Federation on the basis of universal, equal and direct suffrage by secret
ballot.
2.
Participation of a citizen of the Russian Federation in the election of the
President of the Russian Federation shall be free and voluntary. Nobody shall
exert any influence on a citizen of the Russian Federation in order to compel
him/her to participate or not to participate in the election and nobody shall interfere
with free expression of a citizen's will.
Article
2. Legislation on the Election of the President of the
Legislation on
the election of the President of the Russian Federation shall comprise the
Constitution of the Russian Federation, the Federal Law "On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum," this Federal Law and other
federal laws.
Article 3. Electoral Rights of a
Citizen of the Russian Federation in the Election of the President of the
1. A citizen of
the Russian Federation who has attained to the age of 18 years on voting day
shall be entitled to elect the President of the Russian Federation.
2. A citizen of
the Russian Federation who has attained to the age of 18 years shall be
entitled to participate in the nomination of candidates for the office of the
President of the Russian Federation, election campaigning, monitoring of the
conduct of the election of the President of the Russian Federation and the work
of election commissions, including determination of voting returns and election
results, and in the performance of other electoral actions in a procedure
established by this Federal Law, other federal laws.
3. Eligible to
the office of President of the Russian Federation shall be a citizen of the
Russian Federation who has attained to the age of 35 years and has permanently
resided in the Russian Federation for not less than 10 years.
4. A citizen of
the Russian Federation who resides or stays outside the territory of the
Russian Federation during the preparation and conduct of the election of the
President of the Russian Federation shall have the same rights in the election
as other citizens of the Russian Federation.
5. A citizen of
the Russian Federation found incapable by a court or kept in places of
confinement under a court sentence shall have no rights to elect or be elected
President of the Russian Federation.
Article
4. Federal Electoral District
The election of
the President of the Russian Federation shall be conducted in one federal
electoral district comprising the entire territory of the Russian Federation.
Voters residing outside the territory of the Russian Federation shall be
regarded as being included the federal electoral district.
Article
5. Calling of the Election of the President of the Russian Federation
1. Holding of
the election of the President of the Russian Federation within the period
established by the Constitution of the Russian Federation and this Federal Law
shall be mandatory.
2. Under the
Constitution of the Russian Federation the election of the President of the
Russian Federation shall be called by the Federation Council of the Federal
Assembly of the Russian Federation. A decision to call the election shall be
taken not earlier than 150 days and not later than 120 days prior to voting
day. Voting day in the election of the President of the Russian Federation
shall be the first Sunday of the month in which voting was conducted in the
previous general election of the President of the Russian Federation. The
constitutional term for which the President of the Russian Federation was
elected shall begin from the day of his/her election. The day on which the
President of the Russian Federation was elected is the day of voting which
resulted in his/her election. The decision to call the election shall be
officially published in the mass media not later than five days after it was
taken.
3. If the
Federation Council of the Federal Assembly of the Russian Federation does not
call the election of the President of the Russian Federation as provided by
Clause 2 of this Article, the election shall be held by the Central Election
Commission of the Russian Federation on the second or third Sunday of the month
in which voting was conducted in the previous general election of the President
of the Russian Federation expire. The decision of the Central Election
Commission of the Russian Federation to hold the election shall be published
not later than seven days from the last day of the period established for
official publication of a decision to call the election by Clause 2 of this
Article.
4. If the
President of the Russian Federation ceases to exercise his/her powers before
the expiry of the constitutional term in cases and in a procedure provided by
the Constitution of the Russian Federation, the Federation Council of the
Federal Assembly of the Russian Federation shall, within 14 days of such
cessation of the exercise of the powers, call the early election of the
President of the Russian Federation. In this case, voting day shall be the last
Sunday before the last day of three months elapsing from the day on which the
President of the Russian Federation prematurely ceased to exercise his/her
powers. The decision to call the 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
Federation Council of the Federal Assembly of the Russian Federation does not
call the early election of the President of the Russian Federation in pursuance
of Clause 4 of this Article, the election of the President of the Russian
Federation shall be held by the Central Election Commission of the Russian
Federation on the first or the second Sunday after the last day of three months
elapsing from the day on which the President of the Russian Federation
prematurely ceased to exercise his/her powers. The decision of the Central
Election Commission of the Russian Federation to hold the election shall be
published not later than seven days from the last day of the period established
for official publication of a decision to call the early election by Clause 4
of this Article.
6. In the cases
provided by Clauses 4 and 5 of this Article the periods for the performance of
electoral actions established by this Federal Law shall be reduced by one
fourth.
7. If voting
day in the election of the President of the Russian Federation to be called or
held in accordance with Clauses 2 - 6 of this Article coincides with a holiday,
a day before or after a holiday, voting day shall be the next Sunday.
Article
6. Right to Nominate Candidates for the Office of President of the
1. Candidates
for the office of President of the Russian Federation (hereafter
"candidates") may be nominated by voters, electoral associations,
electoral blocs.
2. A Russian
Federation citizen shall not be nominated a candidate if he/she is not eligible
for election as President of the Russian Federation
Article 7. Preparation and Conduct
of the Election of the President of the Russian Federation by Election
Commissions
1. The
preparation and conduct of the election of the President of the Russian
Federation, the measures to ensure realization and protection of the electoral
rights of citizens and the control over observance of these rights shall be
carried out by election commissions within the scope of their powers laid down
by this Federal Law, other federal laws.
2. During the
preparation and conduct of the election of the President of the Russian
Federation election commissions shall, within the scope of their powers laid
down by this Federal Law, other federal laws, be independent of the bodies of
state power and bodies of local self-government. Any interference by these
bodies in the activities of election commissions shall not be allowed.
3. Decisions
and acts of election commissions adopted by them within the scope of the powers
vested in them by this Federal Law, other federal laws shall be binding upon
federal bodies of executive power, bodies of executive power of the Subjects of
the Russian Federation, state institutions, bodies of local self-government,
candidates, registered candidates for the office of President of the Russian Federation
(hereafter "registered candidates"), electoral associations,
electoral blocs, public associations, organizations, officials, voters.
4. During the
preparation and conduct of the election of the President of the Russian
Federation election commissions shall be entitled to use the state automated
information system to inform voters about the progress of the preparation and
conduct of the election and the election results, to search for, acquire,
replenish, process, transmit and store the information used in the course of
the preparation and conduct of the election and to provide information support
for the activity of election commissions carried out within the scope of powers
vested in them by this Federal Law, other federal laws.
Article
8. Right to Election Campaigning
1. The state
shall guarantee the freedom of election campaigning for citizens of the Russian
Federation, political public associations in accordance with this Federal Law,
other federal laws.
2. Citizens of
the Russian Federation, political public associations may, in any form allowed
by law and by legitimate methods, conduct election campaigning, i.e. the
activities encouraging or aimed to encourage voters to participate in the
election of the President of the Russian Federation and to vote for or against
any registered candidate.
3. Equal
conditions of access to the mass media shall be guaranteed to registered
candidates for election campaigning.
Article 9. Funding of the Election
of the President of the
1. Expenses on
the preparation and conduct of the election of the President of the Russian
Federation shall be paid from the funds allocated from the federal budget.
2. Candidates
shall set up their own electoral funds for financing their election campaign.
Article 10. Publicity in the
Preparation and Conduct of the Election of the President of the
1. The
preparation and conduct of the election of the President of the Russian
Federation shall be carried out openly and publicly.
2. All
normative acts of election commissions, bodies of state power and bodies of
local self-government relating to the preparation and conduct of the election
of the President of the Russian Federation shall be published or made public in
some other manner.
Article 11. Inadmissibility of the
Participation in Election Campaigns of Foreign Nationals, Stateless Persons,
Foreign Legal Entities, International Organizations and International Public
Movements
Foreign
nationals, stateless persons, foreign legal entities, international
organizations and international public movements shall be allowed to not carry
on any activities to facilitate or prevent nomination, registration of
candidates, election of registered candidates.
Chapter
II. ELECTION COMMISSIONS
Article 12. System
and Status of Election Commissions for the Election of the President of the
1. The election
of the President of the Russian Federation shall be prepared and conducted by:
the Central
Election Commission of the Russian Federation;
the election
commissions of the Subjects of the Russian Federation;
territorial
(rayon, city and other) election commissions;
precinct
election commissions.
2. In the
election of the President of the Russian Federation the powers and operating
procedures of election commissions shall be established by the Federal Law
"On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum", this Federal law and
other federal laws.
3. Decisions of
a higher-level election commission for the election of the President of the
Russian Federation taken within the scope of its competence shall be binding on
the lower-level election commissions.
4. Election
commissions for the election the President of the Russian Federation shall,
within the scope of their competence, consider complaints which they receive in
the course of the election campaign about violations of this Federal Law, other
federal laws as regards the preparation and conduct of the election, check
these complaints and give written answers to the complainants within five days
but not later than the day preceding voting day and, on voting day and the day
which follows voting day, immediately. If the facts cited in the complaints
require additional verification, decisions thereon shall be taken within ten
days. Election commissions for the election of the President of the Russian
Federation may apply to law enforcement bodies and request them to investigate
and stop violations of this Federal Law, other federal laws in the preparation
and conduct of the election. Within five days, but not later than the day
preceding voting day and, on voting day and on the day which follows voting
day, immediately, the law enforcement bodies shall take measures prescribed by
law to stop such violations. If the facts cited in a complaint require
additional verification, such measures shall be taken within ten days.
5. Election
commissions for the election of the President of the Russian Federation shall
inform voters about the periods and procedure for the performance of electoral
actions, the progress of the election campaign, the candidates, registered
candidates.
6. A decision
of an election commission for the election of the President of the Russian
Federation which conflicts with federal laws or which has been taken in excess
of the commission's powers shall be revoked by a higher-level election
commission for the election of he President of the Russian Federation or by a
court of law. In this case, the higher-level election commission shall be
entitled to take a decision on the substance of the matter.
7. State
bodies, state institutions and their officials shall assist election
commissions for the election of the President of the Russian Federation in the
exercise of their powers, specifically, they shall, free of charge, provide the
necessary premises and make security arrangements with regard thereto; ensure
safekeeping of ballots, absentee certificates for voting in the election of the
President of the Russian Federation and other electoral documentation; supply
transport and communication facilities, technical equipment, information and
materials; respond to the requests of election commissions for the election of
the President of the Russian Federation within five days or, during five days
prior to and on voting day, immediately. Organizations which have a state share
in their charter (authorized) capital exceeding 30 per cent thereof as of the
day on which the decision to call (hold) the election was officially published
and bodies of local self-government shall assist election commissions for the
election of the President of the Russian Federation in the exercise of their
powers, specifically, they shall provide the necessary premises, transport and
communications facilities, technical equipment, information and materials;
respond to requests of election commissions for the election of the President
of the Russian Federation within five days or, during five days prior to and on
voting day, immediately. Organization which carry out TV and/or radio
broadcasting (hereafter "TV and radio broadcasting organizations"),
editorial offices of periodicals indicated in Sub-clauses "a" -
"d" Clause 1 Article 47 of this Federal Law shall provide a
possibility to election commissions for the election of the President of the
Russian Federation to publish information and shall grant them free air time to
communicate information to voters in a procedure established by this Federal
Law, other federal laws.
8.
Organizations, including TV and radio broadcasting organizations, editorial
offices of periodicals which are not indicated in Sub-clauses "a" –
"d" Clause 7 of this Article, their officials as well as public
associations shall provide the necessary information and documents to election
commissions for the election of the President of the Russian Federation,
respond to requests of election commissions for the election of the President
of the Russian Federation within five days or, during five days prior to and on
election day, immediately.
Article
13. Formation of the Central Election Commission of the Russian Federation,
Election Commissions of the Subjects of the
1. The Central
Election Commission of the Russian Federation, election commissions of the
Subjects of the Russian Federation shall be formed in compliance with the
Federal Law "On Basic Guarantees of Electoral Rights and the Right of
Citizens of the Russian Federation to Participate in a Referendum."
2. If the
legislative (representative) and executive bodies of power of a Subject of the
Russian Federation have not appointed the members or some of the members of the
election commission of the Subject of the Russian Federation in a procedure and
within the period established by the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum," all 14 voting members or some of voting
members of this election commission shall be appointed by the Central Election
Commission of the Russian Federation in compliance with the requirements
established by the said Federal Law. If formed by the Central Election
Commission of the Russian Federation the election commission of a Subject of
the Russian Federation consisting of 14 voting members shall be appointed for a
term of four years.
Article
14. Formation of Territorial and Precinct Election Commissions
1. A
territorial (raion, city and other) election commission consisting of five to
nine voting members shall be formed not earlier than 70 and not later than 60
days prior to voting day by the representative body (representative bodies) of
local self-government on the basis of proposals from electoral associations,
electoral blocs, public associations, meetings of voters at the place of their
residence, work, service, study, the territorial election commission of the
previous convocation, if it acted on a permanent basis. By a decision of the
election commission of a Subject of the Russian Federation agreed with the
Central Election Commission of the Russian Federation several territorial
election commissions shall be formed within one territorial-administrative unit
with a large number of voters. If the law of a Subject of the Russian
Federation, the charter of a municipal unit provides, in accordance with the
Federal Law "On Basic Guarantees of Electoral Rights and the Right of
Citizens of the Russian Federation to Participate in a Referendum," that a
territorial election commission shall operate on a permanent basis, the
election commission of the given Subject of the Russian Federation may, with
the concurrence of the Central Election Commission of the Russian Federation,
confer the powers of a territorial election commission for the election of the
President of the Russian Federation on the said election commission. The list
of territorial election commissions formed in the territory of a Subject of the
Russian Federation shall be approved by the election commission of this Subject
of the Russian Federation taking into account the administrative-territorial
division of the Subject of the Russian Federation and the location of the
automation facilities of the state automated information system. The list of
territorial election commissions shall be approved not later than 80 days prior
to voting day and, within three days of its approval, shall be submitted to the
representative bodies of local self-government and published in the mass media
indicated in Sub-clause "e" Clause 1 Article 47 of this Federal Law.
2. A precinct
election commissions shall be formed within a period which commences not later
than three days after formation of the given electoral precinct and expires 27
days prior to voting day or, in exceptional cases, not later than two 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 and shall consist of the following number of
members depending on the number of voters registered in the territory of the
electoral precinct:
up to 1,000
voters - 3 to 7 voting members of the election commission;
from 1,001 to
2,000 voters - 5 to 11 voting members of the election commission;
over 2,000
voters - 5 to 15 voting members of the election commission.
3. If voting
day in the election of the President of the Russian Federation coincides with
voting day in the election of federal bodies of state power, 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 for these members of the election
commission shall be paid from the appropriate budget.
4. The
representative body (representative bodies) of local self-government shall
appoint not less than one-third of the 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 each electoral
association, electoral bloc which has a faction in the legislative
(representative) body of state power of the given Subject of the Russian
Federation and/or in the representative body (representative bodies) of local
self-government, or on the basis of proposals 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 a territorial, precinct 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 in compliance with the
requirements of this Federal Law.
6. If the
powers of the State Duma of the Federal Assembly of the Russian Federation,
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 factions in the State Duma of the
Federal Assembly of the Russian Federation, legislative (representative) body
of state power of the 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 (have)
not appointed any or some of members of a territorial, precinct election commission
within the period established 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 some of its members shall be
appointed by the election commission of the given Subject of the Russian
Federation, and a precinct election commission shall be formed or some of its
members shall be appointed by the appropriate territorial commission in
compliance with the requirements of 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 a precinct election commissions shall be appointed
on the basis of a decision of the meeting of voters of the labor or military
collective by the head of the polar station, the ship's captain, the commanding
officer 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 diplomatic or
consular mission of the Russian Federation or by the commanding officer of the
military unit stationed outside the territory of the Russian Federation.
11. In the
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 representative and executive bodies of state power in a
procedure established by this Article. One half of the members of the election
commission shall be appointed by the representative body of state power and the
other half by the executive body of state power.
Article
15. Appointment of Non-Voting Members of an Election Commission
1. Each
registered candidate shall be entitled to appoint one non-voting member to the
Central Election Commission of the Russian Federation, to each election
commission of the Subjects of the Russian Federation, to each territorial,
precinct election commission. A registered candidate may ask his/her authorized
representative to appoint a non-voting member of a territorial, precinct
election commission.
2. Non-voting
members of an election commission shall be issued certificates of the form
established by the Central Election Commission of the Russian Federation. On
their request the administration (employer) shall grant non-voting members of
an election commission an unpaid leave of absence for the period indicated in
Clause 1 Article 41 of this Federal law
Article
16. Status of Election Commission Members
1. Deputies of
legislative (representative) bodies of state power, bodies of local
self-government, elected officials of bodies of state power and elected
officials of local self-government, judges, prosecutors, candidates, registered
candidates and their agents, authorized representatives of electoral
associations, electoral blocs, members and authorized representatives of
initiative groups of voters which nominated candidates, non-voting members of
election commissions, spouses and close relatives of spouses (children,
parents, adoptees, adopters, blood brothers, blood sisters, grandchildren,
grandfathers, grandmothers) and 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 an official
relationship between a superior and a subordinate in which the former exercises
administrative-managerial powers in respect of the latter, i.e., has 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 one election commission for the election of the President of the
Russian Federation shall not concurrently serve as a voting member on another
election commission for the election of the President of the Russian
Federation.
4. The term of
powers of voting members of election commissions shall expire simultaneously
with the expiration of the term of powers of these election commissions.
5. Within a
month and, during the period of the election campaign, within three days, a
voting member of an election commission shall be relieved of his/her duties as
an election commission member before expiration of his/her term of office by a
decision of the body which appointed him/her:
(a) if the
election commission member submits a written letter 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 incapacitated, partially
incapacitated, missing or dead by a court decision which came into legal force;
(d) the
election commission member dies;
(e) a court of
law acting on an application from an election commission determines, by its
decision, that the 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. The body
which appointed a voting member of the election commission shall appoint a new
voting member of the election commission in accordance with the requirements of
this Federal Law to replace the member who was removed from the commission for
the reasons indicated in Clauses 5 and 6 of this Article not later than one
month, or, during the period of the preparation and conduct of the election of
the President of the Russian Federation, not later than 10 days after a vacancy
was created. Should the body authorized to do so fail to meet this requirement,
the higher-level election commission shall appoint a new voting member of the
election commission in accordance with the requirements of this Federal Law.
8. Chairmen,
deputy chairmen and secretaries of election commissions and members of election
commissions who work in the commission permanently (as staff members) shall
bear responsibility for violation of this Federal Law as provided by the
legislation of the Russian Federation in respect of persons holding official
posts.
9. A voting
member of an election commission working on a permanent (staff) basis shall not
hold other government and municipal offices, be on the government or municipal
service, engage in any other paid activities with the exception of teaching,
scientific research and other creative pursuits and shall not carry on any
business activities.
10. During the
preparation and conduct of the election of the President of the Russian
Federation a voting member of an election commission shall not be subject to
criminal prosecution or court-imposed administrative punishments without the
sanction of the Prosecutor of the Subject of the Russian Federation or, in the
case of a member of the Central Election Commission of the Russian Federation,
without the sanction of the Prosecutor General of the Russian Federation.
11. A voting
member of an election commission - before expiration of his/her powers and a non-voting
member of an election commission - during the period of the election campaign
shall not be transferred to another job without their consent and shall not be
fired on the administration's (employer's) initiative.
12. A
non-voting member of an election commission shall have all rights of a voting
member with regard to the issues relating to the preparation and conduct of the
election of the President of the Russian Federation save the right to issue
absentee certificates for voting in the election of the President of the
Russian Federation; hand out ballots; sign ballots; participate in sorting out
and counting ballots, canceling ballots and absentee certificates for voting in
the election of the President of the Russian Federation, working with voters
list, drawing up the protocol of voting returns, election results; participate
in voting on matters which are within the competence of the given election
commission; sign decisions of the election commission. No remuneration shall be
paid to a non-voting member for his/her activities from the funds allocated to
the election commission.
13. Voting and
non-voting members of an election commission shall be entitled to:
(a) receive
timely notices of meetings of the election commission;
(b) speak at meetings
of the election commission, make proposals on matters within the competence of
the given election commission and request that these matters be put to the
vote;
(c) put
questions to other participants in meetings of the election commission in accordance
with the meeting agenda and receive meaningful answers to these questions;
(d) inspect
voters lists, ballots, other documents and materials of the given commission
and the lower-level election commissions (including documents and materials on
machine-readable media) and receive copies of these documents and materials
(save the copies of voters lists, signature sheets, ballots, absentee
certificates for voting in the election of the President of the Russian
Federation, income declarations and information about the property and property
liabilities submitted by candidates in pursuance of Clause 6 Article 33 and
Clause 12 Article 34 of this Federal Law). On his/her request the election
commission shall certify these copies (save the copies of documents and
materials on machine-readable media). Examination of documents and materials
which contain information classified as a state or a commercial secret or other
some secret protected by law shall be carried out in accordance with federal
laws;
(e) appeal
decisions and actions (inaction) of the election commission in the higher-level
commission or in a court of law.
14. If a
registered candidate who appointed non-voting members of an election commission
acting on a permanent basis has been elected President of the Russian
Federation, the powers of such commission members shall continue until the end
of registration of candidates in the next election of the President of the
Russian Federation. The powers of other non-voting members of the election
commission shall terminate 30 days after the official publication of the
results of the election of the President of the Russian Federation for all
kinds of voting held in the course of the given election campaign or, if a
higher-level election commission receives complaints (statements) about or
protests against the decisions and actions (inaction) of the election
commission which resulted in the violation of the voting and vote-counting
procedures and if these facts are being investigated by a court, after a final
decision is handed down on the substance of the complaint (statement) or
protest by the higher-level election commission or by a court. The powers of
non-voting members of election commissions which do not act on a permanent
basis shall terminate simultaneously with the expiration of the term of powers
of the given election commission.
15. The powers
of a non-voting member of an election commission may be terminated at any time
during his/her term and transferred to another person by a decision of the
person who appointed the given member.
Article
17. Powers of the Central Election Commission of the
1. During the
preparation and conduct of the election of the President of the Russian
Federation the Central Election Commission of the Russian Federation acting
within the scope of its powers established by federal laws shall:
(a) direct the
activities of election commissions for the election of the President of the
Russian Federation;
(b) exercise
control over the observance of electoral rights of citizens of the Russian
Federation during the preparation and conduct of the election of the President
of the Russian Federation and ensure uniform application of this Federal Law;
(c) issue
instructions and other normative acts on the questions of application of this
Federal Law;
(d) render
legal, methodological, organizational and technical assistance to election
commissions;
(e) direct the
activity of election commissions to ensure uniform application of the state
automated information system;
(f) register
electoral blocs;
(g) register
authorized representatives of electoral associations, electoral blocs;
(h) register
initiative groups of voters and their authorized representatives;
(i) register
authorized representatives of candidates, registered candidates for financial
matters, agents of candidates;
(j) register
candidates;
(k) issue
certificates of an established form to registered candidates, their agents,
authorized representatives for financial matters of candidates, registered
candidates;
(l) ensure that
the conditions of election campaigning established by this Federal Law, other
federal laws should be observed for all candidates, registered candidates;
(m) hear
information of federal bodies of executive power, bodies of executive power of
the Subjects of the Russian Federation and bodies of local self-government on
the issues relating to the preparation and conduct of the election of the
President of the Russian Federation;
(n) determine
the form and degree of protection of ballots, voters lists and other electoral
documents and make arrangements for their production;
(o) determine
the form of the absentee certificate for voting in the election of the
President of the Russian Federation and make arrangements for the printing of
absentee certificates and their delivery to the election commissions of the
Subjects of the Russian Federation;
(p) approve the
Russian text of the ballot;
(q) approve
samples of seals of election commissions;
(r) approve the
rules for the safekeeping of electoral documents and their transfer to archives
and agree these rules with the Federal Archive Service of Russia;
(s) distribute
funds allocated to it from the federal budget for financing the preparation and
conduct of the election of the President of the Russian Federation, the
activities of election commissions and exercise of their powers; monitor proper
use of the said funds and observance of the requirements of this Federal Law,
other federal laws to the funding of election campaigns of candidates,
registered candidates;
(t) take
measures to implement a unified procedure for distribution of air time between
registered candidates for election campaigning;
(u) work out
and approve the quotas of technical equipment required for the operation of
territorial and precinct election commissions, monitor compliance with these
quotas;
(v) check
provision to election commissions of premises, transport facilities,
communication facilities and deal with other issues of the logistical support
for the election of the President of the Russian Federation;
(w) inform
voters about the periods and procedure for the performance of electoral
actions, the progress of the election campaign, candidates, registered
candidates;
(x) consider
complains (statements) concerning decisions and actions (inaction) of
lower-level election commissions and their officials and adopt motivated
decisions thereon;
(y) establish
the results of the election of the President of the Russian Federation and
arrange for their official publication; issue a certificate of election to the
elected President of the Russian Federation;
(z) organize
the repeat voting for the election of the President of the Russian Federation;
(aa) organize
the repeat election of the President of the Russian Federation;
(bb) exercise
other powers under this the Federal Law and the Federal Law "On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum."
2. If the term
of powers of the Central Election Commission of the Russian Federation
established by the Federal Law "On Basic Guarantees of Electoral Rights
and the Right of Citizens of the Russian Federation to Participate in a
Referendum" expires during the period of the preparation and conduct of
the election of the President of the Russian Federation, the Central Election
Commission of the Russian Federation shall continue to exercise its powers
until it submits to the chambers of the Federal Assembly of the Russian
Federation a report on the expenditure of federal budget funds allocated for
the preparation and conduct of the election and the information concerning the
sums contributed to and spent from the electoral funds of candidates,
registered candidates, but for not longer than the period established by this
Federal Law for the submission of the said financial report and the said
information.
Article
18. Powers of the Election Commission of a Subject of the
1. The election
commission of a Subject of the Russian Federation shall:
(a) coordinate
activities of election commissions in the territory of the Subject of the
Russian Federation;
(b) ensure
interaction between the Central Election Commission of the Russian Federation
and the bodies of state power in the Subject of the Russian Federation;
(c) exercise
control over observance of electoral rights of citizens of the Russian
Federation in the territory of the Subject of the Russian Federation;
(d) ensure that
the conditions of election campaigning established by this Federal Law, other
federal laws should be observed in the territory of the Subject of the Russian
Federation for all candidates, registered candidates;
(e) ensure
uniform use of the state automated information system in the territory of the
Subject of the Russian Federation;
(f) in
accordance with the decisions of the Central Election Commission of the Russian
Federation arrange for the printing of ballots in the territory of the Subject
of the Russian Federation and make arrangements for the delivery thereof to
territorial election commissions;
(g) make
arrangements for the delivery of absentee certificates for voting in the
election of the President of the Russian Federation, other electoral documents
to lower-level election commissions;
(h) distribute
federal budget funds allocated to it for the preparation and conduct of the
election of the President of the Russian Federation in the Subject of the
Russian Federation, in particular, distribute a part of these funds between
territorial election commissions, exercise control over the proper use of these
funds and monitor observance of the requirements of this Federal Law, other
federal laws to the funding of the election campaign of candidates, registered
candidates in the territory of the Subject of the Russian Federation;
(i) approve the
list of territorial election commissions, establish uniform numeration of
electoral precincts in the territory of the Subject of the Russian Federation;
(j) ensure
compliance with the quotas of technological equipment and with the rules for
the safekeeping of electoral documents and their transfer to archives, approved
by the Central Election Commission of the Russian Federation;
(k) monitor
compliance with the unified procedure for vote-counting, determining voting
returns and establishing election results in the territory of the Subject of
the Russian Federation;
(l) hear
reports of bodies of executive power of the Subject of the Russian Federation
and bodies of local self-government on questions relating to the preparation
and conduct of the election of the President of the Russian Federation;
(m) determine
the voting returns in the election of the President of the Russian Federation
in the territory of the Subject of the Russian Federation and pass on these
returns to the Central Election Commission of the Russian Federation;
(n) consider
complaints (statements) concerning decisions and actions (inaction) of
lower-level election commissions and their officials in the given Subject of
the Russian Federation and adopt motivated decisions thereon;
(o) inform
voters about the periods and procedure for the performance of electoral actions
and the progress of the election campaign;
(p) exercise
other powers in compliance with this Federal Law.
2. If the term
of powers of the election commission of a Subject of the Russian Federation
established by a law of the Subject of the Russian Federation expires during
the period of the election campaign in the election of the President of the
Russian Federation, the election commission of the Subject of the Russian
Federation shall continue to exercise its powers until the Central Election
Commission of the Russian Federation submits to the chambers of the Federal
Assembly of the Russian Federation a report on the expenditure of federal
budget funds and the information concerning the sums contributed to and spent
from the electoral funds of candidates, registered candidates but for not
longer than the period established by this Federal Law for the submission of
the said financial report and the said information. This provision shall not
apply to the election commissions of Subjects of the Russian Federation which
had been formed before the Federal Law "On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum" came into force.
Article
19. Powers of a Territorial Election Commission (Raion, City and Other Election
Commissions)
1. A
territorial election commission shall:
(a) exercise
control over the preparation and conduct of the election of the President of
the Russian Federation in the given territory;
(b) coordinate
the work of precinct election commissions in the given territory, consider
complaints (statements) concerning decisions and actions (inaction) of these
election commissions and adopt motivated decisions thereon;
(c) hear
reports of bodies of local self-government on questions relating to the
preparation and conduct of the election of the President of the Russian
Federation;
(d) compile
voters lists separately for each precinct in the given territory, save as
provided otherwise in Clauses 3 - 6 Article 25 of this Federal Law;
(e) distribute
federal budget funds allocated to it for the preparation and conduct of the
election and, in particular, distribute a part of the funds between precinct
election commissions, exercise control over the proper use of these funds;
(f) together
with the election commission of the Subject of the Russian Federation ensure
that the conditions of election campaigning established by this Federal Law,
other federal laws should be observed for all candidates, registered candidates
in the given territory ;
(g) arrange for
the delivery of ballots and other documents to precinct election commissions;
(h) issue
absentee certificates to voters for voting in the election of the President of
the Russian Federation;
(i) render
organizational and technical assistance to precinct election commissions in the
conduct of voting in electoral precincts;
(j) monitor
compliance with the unified procedure for vote-counting, determining voting
returns and establishing the results of the election of the President of the
Russian Federation in the given territory;
(k) determine
voting returns in the given territory, release these returns to the mass media
and submit protocols of voting returns to the election commission of the
Subject of the Russian Federation;
(l) arrange for
the safekeeping and transfer of documents relating to the preparation and
conduct of the election of the President of the Russian Federation in
accordance with the rules approved by the Central Election Commission of the
Russian Federation;
(m) ensure
compliance with the quotas of technological equipment approved by the Central
Election Commission of the Russian Federation;
(n) inform
voters about the periods and procedure for the performance of electoral
actions, the progress of the election campaign of a candidate, registered
candidate;
(o) exercise
other powers under this Federal Law.
2. The term of
powers of a territorial election commission in the election of the President of
the Russian Federation shall expire 15 days after the day on which the general
results of the election of the President of the Russian Federation are
officially published if no complaints (statements) and protests have been received
by a higher-level election commission about the decisions and actions
(inaction) of the given election commission, which resulted in the violation of
the voting and the vote-counting procedure and if these facts are not being
investigated by a court. If the voting returns or the election results in the
given territory have been appealed or protested, the powers of the territorial
election commission shall expire after a final decision has been handed down on
the substance of the complaint (statement), protest by a higher-level
commission or by a court.
Article
20. Powers of a Precinct Election Commission
1. A precinct
election commission shall:
(a) inform the
population about the address and the telephone number of the precinct election
commission, its working hours; about the day and place of voting;
(b) update the
voters list for the given electoral precinct and, in the cases provided by
Clauses 3 - 7 Article 25 of this Federal Law, compile and update a voters list,
allow voters to examine the voters list, consider complaints about errors and
inaccuracies in the voters list and make appropriate corrections therein;
(c) prepare
voting premises, ballot boxes and other equipment;
(d) inform
voters about registered candidates on the basis of the information received
from a higher-level election commission;
(e) exercise
control over compliance with the rules for election campaigning in the
territory of the electoral precinct;
(f) issue
absentee certificates to voters for voting in the election of the President of
the Russian Federation;
(g) organize
voting in the electoral precinct on voting day as well as early voting;
(h) count
votes, determine voting returns for the given electoral precinct and submit
protocols of voting returns to the territorial election commission;
(i) within the
scope of its powers consider complaints (statements) about violations of this
Federal Law and take motivated decisions thereon;
(j) arrange for
the safekeeping and transfer of documents relating to the preparation and
conduct of the election of the President of the Russian Federation in
accordance with the rules approved by the Central Election Commission of the
Russian Federation;
(k) exercise
other powers under this Federal Law.
2. The powers
of a precinct election commission shall expire 10 days after the official
publication of the general results of the election of the President of the
Russian Federation if no complaints (statements) and protests have been
received by a higher-level election commission about the decisions and actions
(inaction) of the given election commission which resulted in the violation of
the voting and vote-counting procedure and if these facts are not being
investigated by a court. If the voting returns in an election precinct,
territory or the results of the election of the President of the Russian
Federation have been appealed or protested, the powers of a precinct election
commission shall end after a final decision has been handed down on the substance
of the complaint (statement), protest by a higher-level election commission or
by a court.
Article
21. Openness in the Activity of Election Commissions
1. Members and
representatives of higher-level election commissions, a registered candidate or
his/her agent, the authorized representative of the candidate, registered
candidate for financial matters may attend all meetings of any election
commission and be present when votes are counted and a precinct, territorial
election commission works with voters lists, ballots, absentee certificates for
voting in the election of the President of the Russian Federation, protocols of
voting returns and election results. The aforementioned persons shall not need
any additional permission from the election commission to attend its meetings
and be present when the election commission works with the said electoral
documents. The election commission shall provide free access for the
aforementioned persons to meetings and to premises where it counts votes and
works with the said electoral documents. Media representatives may also be
present at the commission's meetings or when the commission counts votes and
works with the said electoral documents.
2. An election
commission shall inform the election commission of the next higher level, each
candidate, registered candidate or his/her agent or authorized representative
for financial matters about the time when the given commission is to hold its
meetings or work with the said electoral documents.
3.
Representatives of interested parties and complainants may be present at
meetings of election commissions during consideration of complaints
(statements).
4. Election
commissions shall inform voters about the results of registration of
candidates; biographical data of registered candidates and other information
concerning the candidates, which was received by the election commission in
accordance with this Federal Law; about the voting returns for each registered
candidate and the results of the election of the President of the
5. On voting
day, including the day of early voting, the persons indicated in Clause 1 of
this Article as well as observers, including foreign (international) observers
may be present at polling stations from the time a precinct election commission
begins its work and until it receives a message that the higher-level election
commission has adopted a protocol of voting returns and also when votes are
recounted.
6. Observers,
media representatives, foreign (international) observers may be present in
other election commissions when these commissions are engaged in determining
voting returns, establishing election results, drawing up protocols of voting
returns, election results and when votes are 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, at a 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
registered candidate, each electoral association, each electoral bloc, each
all-Russian public association shall be entitled to appoint several observers
to precinct election commissions, who on voting day, including the day of early
voting, may, in rotation, monitor the proceedings at the voting premises during
the time indicated in Clause 5 of this Article.
9. The powers
of an observer shall be certified by written credentials issued by a registered
candidate or his/her agent, by the 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, the
address of his/her place of residence, telephone number (if any) and also the
number of the electoral precinct and the name of the election commission
(territorial, precinct commission) to which the observer is sent. These
credentials shall be valid if shown together with a passport or an equivalent
identity paper. No advance notification 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 at any time from the first meeting of the election
commission until it completes the work on the protocol of voting returns,
election results, including the results of vote recounting.
11. Observers
shall be entitled to:
(a) inspect
voters lists;
(b) be present
at 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 voters lists, the number of ballots
issued to voters, the number of canceled ballots; watch votes being counted at
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
protocol of voting returns drawn up by the given precinct election commission,
the protocols of voting returns of other election commissions to which he/she
is sent (including the corrected protocol) and the protocol of the election
results of the Central Election Commission, make or receive from appropriate
election commissions copies of the said protocols and the documents attached
thereto as well as copies of other documents which are 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 an
observer's request the election commission shall certify the said copies or
issue him/her certified copies of the said documents;
(h) appeal decisions
and actions (inaction) of the election commission to which an observer was sent
directly in the election commission of the next higher level, the election
commission of the Subject of the Russian Federation, the Central Election
Commission of the Russian Federation or in a court;
(i) be present
when commissions recount votes.
12. Observers
shall not:
(a) issue
ballots to voters;
(b) sign for
voters for the receipt of ballots, when asked to do so by them;
(c) mark
ballots for voters on their request;
(d) do anything
that might violate the secrecy of voting;
(e) directly
participate in the counting of ballots together with the voting members of the
election commission;
(f) do anything
that may interfere with the work of the election commission;
(g) carry on
election propaganda among voters;
(h) participate
in the adoption of decisions by the election commission.
13. Media
representatives shall be entitled to examine decisions taken and protocols of
voting returns or election results drawn up by all election commissions
(including corrected protocols), make copies or receive from the election
commission copies of the said decisions and protocols and of documents attached
thereto. Upon the request of a media representative an election commission
shall certify a copy of its decision or copies of its protocols of voting
returns or election results.
14. Copies of
protocols and of other documents of election commissions shall be certified by
the chairman or the secretary of the election commission. To do so, the
aforementioned persons shall mark the copy to be certified with the words
"This is a true copy," sign it, affix the seal of the election
commission and indicate the date of certification.
15. Non-voting
members of election commissions and observers present at voting and at vote
counting on the premises of precinct election commissions may wear badges or
cards showing their status and whom they represent. The badges and cards shall
bear no elements of election propaganda.
Article
22. Foreign (International) Observers
1. Foreign
(international) observers shall receive a permission for entry into the Russian
Federation in a 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 of the President
of the Russian Federation. Requests for invitations may be submitted by
international and national government and non-government organizations as well
as private persons who 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 a faction in
the State Duma of the Federal Assembly of the Russian Federation.
3. The Central
Election Commission of the Russian Federation shall issue a foreign
(international) observer a certificate 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
any of the bodies or persons listed in Clause 2 of this Article. This
certificate shall allow the foreign (international) observer to carry on
his/her activity during the preparation and conduct of the election of the
President of the Russian Federation.
4. The activity
of foreign (international) observers shall be regulated by this Federal Law,
other federal laws.
5. The term of
powers of a foreign (international) observer shall begin from the day on which
the observer receives accreditation at the Central Election Commission of the
Russian Federation and shall end on the day on which the general results of the
election of the President of the Russian Federation are published.
6. A foreign
(international) observer shall perform his/her tasks and functions
independently, as he/she sees fit. The material and financial support for the
activity of a foreign (international) observer shall be provided for the
account of the organization which sent the observer, or for his/her own
account.
7. During his/her
stay in the territory of the Russian Federation a foreign (international)
observer shall be under the state patronage of the Russian Federation. Election
commissions, federal bodies of state power and bodies of state power of the
Subjects of the Russian Federation shall render him/her the necessary
assistance.
8. After voting
day foreign (international) observers may express their opinion about the
electoral laws of the Russian Federation and the preparation and conduct of the
election of the President of the Russian Federation, hold press conferences and
apply to the mass media.
9. Foreign
(international) observers may meet with candidates, registered candidates and
their agents, authorized representatives of electoral associations, electoral
blocs.
10. Foreign
(international) observers shall not take advantage of their status to carry on
activities unrelated to monitoring the course of the election campaign, the
preparation and conduct of the election of the President of the Russian
Federation.
11. The Central
Election Commission of the Russian Federation may revoke accreditation of a
foreign (international) observer if he/she violates federal laws or the
generally accepted principles and norms of international law.
Article
23. Organization of the Activity of Election Commissions
1. Election
commissions shall carry on their activity on a collective basis.
2. An election
commission acting on a permanent basis shall hold its first meeting not later
than the fifteenth day after the appointment of its voting members but not
before the term of powers of the election commission of the previous
composition expires. By such time not less than two-thirds of the established
number of voting commission members shall be appointed.
3. An election
commission which does not act on a permanent basis shall hold its first meeting
not later than three days after its formation. The election commission shall be
competent to start its work if not less than two-thirds of the established
number of its voting members have been appointed.
4. The
chairman, the deputy chairman and the secretary of an election commission shall
be elected by secret ballot at its first meeting from among voting members of
the commission. The date and place of the first meeting of a territorial,
precinct election commission shall be determined by the body (bodies) which
formed the commission. Until election of the chairman of the election
commission its meeting shall be presided over by the oldest member of the
commission. The chairman, the deputy chairman and the secretary of the Central
Election Commission of the Russian Federation shall hold their offices on a
permanent (staff) basis.
5. Meetings of
an election commission shall be called by its chairman or the deputy chairman
or upon a request of not less than one-third of the established number of
voting members of the commission.
6. Voting
members of election commissions shall be obliged to attend all meetings of the
commission.
7. A meeting of
an election commission shall be competent to transact business if attended by
the majority of the established number of voting members of the commission. A
meeting of the Central Election Commission of the Russian Federation, the
election commission of a Subject of the Russian Federation shall be competent
to transact business if attended by not less than two-thirds of the established
number of voting members of the commission.
8. Decisions of
election commissions on the election of the chairman, the deputy chairman and
the secretary of the election commission and their removal from office, on the
financing of the preparation and conduct of the election of the President of
the Russian Federation, on the registration of candidates, on the annulment of
registration of registered candidates, on voting returns and election results,
on declaration of the election not to have taken place or to be null and void,
on the holding of repeat voting or repeat election, on the annulment of
decisions of lower-levelelection commissions shall be taken by election
commissions at their meetings by the majority vote of the established number of
the voting members of the election commission.
9. Decisions of
election commissions on other issues shall be taken by a majority vote of the
voting members of the commission present at the meeting.
10. When a
decision of an election commission is put to the vote, a voting member of the
election commission may only vote "for" or "against."
11. In the
event of the parity of votes cast for and against a decision of an election
commission the chairman of the election commission shall have a casting vote.
12. On the
request of any member of an election commission and any member of a
higher-level election commission present at its meeting the given election
commission shall put to the vote any matter within the scope of its competence,
which is considered by the commission at its meeting in accordance with the
approved agenda.
13. Minutes of
proceedings shall be kept at all meetings of an election commission. All
documents received by an election commission shall be registered.
14. The minutes
of proceedings and decisions of an election commission shall be signed by the
chairman and the secretary of the election commission.
15. Members of
an election commission who dissent from the decision taken by the election
commission shall be entitled to express in writing their dissenting opinion,
which shall be considered by this commission, recorded in the minutes of its
meeting, attached to the said minutes and made known by the chairman of the
election commission to the higher-level election commission within three days
or immediately, if the dissenting opinion is expressed on voting day or the day
following voting day.
16. Election
commissions may hire personnel under civil-law contracts for the performance of
work related to the preparation and conduct of the election of the President of
the Russian Federation within the limits of the funds allocated to it from the
federal budget.
17. During the
period of the preparation and conduct of the election of the President of the
Russian Federation every week the TV and radio broadcasting organizations
indicated in Sub-clause "a" Clause 1 Article 47 of this Federal Law
shall provide not less than 15 minutes of free air time on their channels to
the Central Election Commission of the Russian Federation and the TV and radio
broadcasting organizations indicated in Sub-clause "b" Clause 1
Article 47 of this Federal Law not less than 10 minutes of free air time on
their channels to the election commissions of the Subjects of the Russian
Federation to clarify electoral laws of the Russian Federation; inform voters
about the periods and procedure for the performance of the necessary electoral actions
and the progress of the election campaign; answer voters' questions.
18. During the
period of the preparation and conduct of the election of the President of the
Russian Federation the editorial offices of periodicals coming out at least
once a week, which are indicated in Sub-clause "c" Clause 1 Article
47 of this Federal Law, shall provide, free of charge, not less than one
percent of their weekly space to the Central Election Commission of the Russian
Federation. During the period of the preparation and conduct of the election
the editorial offices of periodicals coming out at least once a week, which are
indicated in Sub-clause "d" Clause 1 Article 47 of this Federal Law,
shall provide, free of charge, not less than one percent of their weekly space
to the election commissions of the Subjects of the Russian Federation. The
election commissions shall use this space to clarify electoral laws of the
Russian Federation; inform voters about the periods and procedure for the
performance of the necessary electoral actions, candidates and registered
candidates, the progress of the election campaign; answer voters' questions.
Chapter III.
ELECTORAL PRECINCTS, VOTERS LISTS
Article
24. Formation of Electoral Precincts
1. Electoral
precincts shall be formed to organize voting and count votes in the election of
the President of the Russian Federation. Electoral precincts shall be formed on
the basis of the number of voters registered in the territories of municipal
units in accordance with the requirements of Article 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."
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 head of the municipal
unit, by a person authorized to do so by the representative body of local
self-government) with the concurrence of the territorial election commission
not later than 30 days prior to voting day with due regard to the local and
other conditions and proceeding from the need to provide maximum convenience
for voters.
3. The number
of voters registered in the territory of each electoral precinct shall not
exceed 3000.
4. In places
where voters stay temporarily (hospitals, sanatoria, holiday hotels, places of
confinement of suspects, defendants, etc.), in hard-to-reach or remote regions,
at polar stations, on ships at sea on voting day electoral precincts may be
formed within the period indicated in Clause 2 of this Article or, in
exceptional cases, not later than five days prior to voting day.
5. Servicemen
shall vote in general 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. Such electoral precincts shall
be formed by commanding officers of military units on the basis of a decision
of the election commission of the Subject of the Russian Federation within the
period indicated in Clause 2 of this Article or, in exceptional cases, not
later than five days prior to voting day. In this case, access to the premises
of the election commission and to the voting premises shall be provided to all
members of the precinct election commission and higher-level election
commissions, persons indicated in Clause 1 Article 21 of this Federal Law and
observers.
6. Electoral
precincts where voters staying in the territory of foreign states are to vote
and the votes are be counted shall be formed by the heads of diplomatic and
consular missions of the Russian Federation in the territory of the country
where they are located, not later than 30 days prior to voting day. In this
case, the requirements to the number of registered voters set out in Clause 3
of this Article may be waived. The heads of the diplomatic and consular
missions of the Russian Federation shall inform the Central Election Commission
of the Russian Federation about formation of electoral precincts not later than
20 days prior to voting day.
7. The lists of
electoral precincts indicating their numbers and boundaries (if an electoral
precinct is formed within 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 precinct election commissions
and the voting premises, telephone numbers of precinct election commissions
shall be published by the head of the municipal unit (or, if the charter of the
municipal unit does not provide for an office of head of the municipal unit, by
an official authorized to do so by the representative body of local
self-government) not later than 25 days prior to voting day or, in exceptions
cases provided by Clauses 5 and 6 of this Article, not later than three days
after their formation.
8. For
electoral precincts formed outside the territory of the Russian Federation the
matters concerning publication of the data indicated in Clause 7 of this
Article shall be decided by the heads of the corresponding diplomatic or
consular missions of the Russian Federation, with due regard to the local
conditions.
Article
25. Compilation of Voters Lists
1. Voters lists
shall be compiled by 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 voters lists not later than 26
days prior to voting day on the basis of voter data furnished by the head of
the municipal unit (if the charter of the 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 voters
list of an electoral precinct formed in a hard-to-reach or remote region shall
be compiled by the precinct election commission not later than 25 days prior to
voting day or, 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 the municipal unit (if the charter of the 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 formed in the territory of a military unit the list of
voters - servicemen, members of their families and other voters residing within
the territory of the military unit shall be compiled by the precinct election
commission not later than 25 days prior to voting day, on the basis of voter
data to be furnished by the commanding officer of the military unit.
5. Full-time
undergraduate and postgraduate students who are registered at the place of
residence in hostels shall be included in voters lists where their hostels are
located.
6. The voters
list for an electoral precinct formed in places of temporary stay of voters
(hospitals, sanatoria, holiday hotels, places of confinement of suspects,
defendants, etc.), 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
the institution where voters stay temporarily, the captain of the ship or the
head of the polar station.
7. The voters
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 by the head of the diplomatic or consular mission of the Russian
Federation or by the commanding officer of the military unit stationed outside
the territory of the Russian Federation.
8. Voter data
shall be collected and updated by officials indicated in Clauses 2 - 6 of this
Article in a procedure established by the Statute on the State Registry of
Voters and shall be submitted to territorial election commissions not later
than 60 days prior to voting day, or, if the voters list is to be compiled by a
precinct election commission, to such precinct election commissions immediately
upon their formation.
9. Voters lists
shall be made up in duplicate. Voter data shall be arranged in the voters list
in an alphabetical or some other order (by populated centers, streets, houses,
flats). The list shall indicate the first, middle and last name of the voter,
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.
10. In the
compilation of voters lists use may be made of the state automated information
system. Voters lists shall be typewritten or, in exceptional cases,
handwritten.
11. The first
copy of the voters list compiled in accordance with the requirements of Clause
2 of this Article shall be handed over to precinct election commissions on the
basis of transfer acts 25 days prior to voting day. The second copy of the
voters list shall be kept by the territorial election commission and shall be
used (in particular, in the repeat voting) as prescribed by the Central
Election Commission of the Russian Federation. The voters list shall be signed
by the chairman and the secretary of the territorial election commission and
certified by its seal.
12. In
electoral precincts formed in accordance with Clauses 4 - 6 Article 24 of this
Federal Law the voters list shall be signed by the chairman and the secretary
of the precinct election commission and certified by its seal.
13. Having
received the voters list the precinct election commission shall check and
update the list on the basis of personal requests of citizens in accordance
with Clause 26 of this Federal Law, documents from the bodies of local
self-government, officials, registries, bodies in charge of registration of
Russian Federation citizens at the place where they stay and reside within the
Russian Federation. The checked and updated voters list shall be signed by the
chairman and the secretary of the precinct election commission and certified by
its seal not later than the day preceding voting day.
14. The persons
furnishing voter data shall be responsible for the accuracy and completeness of
the data and its timely submission.
Article
26. Procedure for Including Citizens in and Excluding Them from the Voters List
1. All citizens
of the Russian Federation who have a right to active suffruge in accordance
with Article 3 of this Federal Law shall be included in voters lists.
2. A citizen
shall be included in the voters list in a certain electoral precinct by virtue
of the fact of his/her permanent or current residence in the territory of the
given electoral precinct as established by bodies in charge of registration of
Russian Federation citizens at the place of their stay or residence within the
Russian Federation in accordance with the federal law regulating the procedure
for the exercise by Russian Federation citizens of the right to the freedom of
movement, choice of the place of stay or residence within the Russian
Federation.
3. Servicemen
who live outside the territory of a military unit shall be included on the
voters lists at the place of their residence on usual terms. Voters-servicemen,
members of their families, other persons who reside in the territory of a
military unit shall be included in the voters list by virtue of the fact of
their permanent or current residence in the territory of the military unit as
established by the appropriate service of the military unit or bodies in charge
of the registration of Russian Federation citizens at the place of their stay
or residence within the Russian Federation, or on the basis of the order of the
commanding officer of the military unit whereby citizens called up for military
service are put on the staff of the military unit.
4. Citizens of
the Russian Federation who reside outside the territory of the Russian
Federation or stay abroad on prolonged business trips shall be included in
voters lists by virtue of the fact of their permanent or current residence
outside the territory of the Russian Federation or prolonged business trips
abroad as established by diplomatic or consular missions of the Russian
Federation.
5. Voters
staying on voting day at hospitals, sanatoria, holiday hotels, places of
confinement of suspects and defendants, other places of temporary stay shall be
included in the voters list on the basis of a passport, an equivalent identity
paper and an absentee certificate for voting in the election of the President
of the Russian Federation.
6. Citizens of
the Russian Federation who have been granted the status of forced migrants or
have applied to the Federal Migration Service of Russia or its territorial
agencies for the status of forced migrants shall be included in the voters list
at the place of their temporary residence on the basis of a passport or an
equivalent identity paper and appropriate documents issued by the Federal
Migration Service of Russia or its territorial agencies.
7. While
staying in foreign countries at private invitations, on official business and
as tourists citizens of the Russian Federation who have a right to active
suffruge shall be put on the voters list when they come to the premises of a
precinct election commission, upon production of a passport or an equivalent
identity paper and an absentee certificate for voting in the election of the
President of the Russian Federation.
8. Voters who
settled down in the territory of an electoral precinct after the voters list
had been made available to voters for inspection, as well as voters who were
not included in the voters list for any other reason shall be additionally put
on the voters list by the precinct election commission on the basis of a
passport or an equivalent identity paper and, if necessary, documents
confirming their permanent or current residence in the territory of the given
electoral precinct.
9. A voter may
be included in a voters list only in one electoral precinct.
10. After the
voters list has been signed by the chairman and the secretary of the
territorial election commission a citizen may be excluded from the voters list
only on the basis of official documents or when an absentee certificate for
voting in the election of the President of the Russian Federation is issued to
a voter in a procedure set forth in this Federal Law. In this case, a note
shall be made in the voters list indicating the date when the citizen was
excluded from the voters list and the reasons for the exclusion. This note
shall be signed by the chairman of the precinct election commission and, in
cases when an absentee certificate for voting in the election of the President
of the Russian Federation is issued, by the member of the election commission
who issued the certificate.
11. No changes
shall be made in voters lists after the end of voting and the beginning of vote
counting.
Article
27. Inspection of Voters Lists by Voters
1. Precinct
election commissions shall make voters lists available to general public for
examination and additional correction not later than 20 days prior to voting
day.
2. A citizen of
the Russian Federation who has a right to active suffruge may state to a
precinct election commission that he/she has not been put on the voters list or
inform the commission about any error or inaccuracy in the list. Within 24
hours or, on voting day, within two hours after this statement is made, and not
later than the end of voting, the precinct election commission shall check the
statement and the submitted documents and shall either remove the error and
inaccuracy or give the voter a written answer indicating the reasons why the
statement was rejected.
3. The decision
of a precinct election commission to include or not to include a citizen in the
voters list may be appealed in a higher-level election commission or in a court
(where the precinct election commission is located) and these bodies must
consider the complaint (statement) within three days or immediately, if the
complaint is filed within three days prior to or on voting day. In the event of
a decision in favor of the applicant, the precinct election commission shall
immediately make the necessary corrections in the voters list.
Chapter IV.
ELECTORAL ASSOCIATIONS, ELECTORAL BLOCS
Article
28. Definition of an Electoral Association
1. An electoral
association is an all-Russian political public association (a political party,
other political organizations, a political movement) formed in a procedure
established by the federal laws and registered with the Ministry of Justice of
the Russian Federation. An all-Russian political public association or
modifications and additions to be introduced in the statute of an all-Russian
public association 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 additions introduced in the statute
of an all-Russian political public association.
2. The list of
all-Russian 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 of or participant in another
political public association acting in the election of the President of the
Russian Federation as an electoral association or participating in the
formation of an electoral bloc shall not act in this election as an electoral
association either nominating a list of candidates independently or
participating in the formation of an electoral bloc.
4. The rights
of an electoral association shall also be enjoyed by electoral blocs formed for
the period of the election of the President of the Russian Federation.
1. Electoral
blocs are groups of two and more electoral associations which voluntarily unite
for joint participation in the election of the President of the Russian
Federation and meet the requirements of Clause 1 Article 28 of this Federal
Law.
2. A decision
to join an electoral bloc (indicating the names of the electoral associations with
which the electoral bloc is to be formed) shall be taken at the congress
(conference) of each of electoral associations, after which the representatives
of these electoral associations shall sign a joint decision to form 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 formed the electoral
bloc;
(b) notarized
copies of the certificates evidencing that the political public associations
which formed the electoral bloc are registered with the Ministry of Justice of
the Russian Federation;
(c) minutes of
proceedings of the congresses (conferences) of the electoral associations and
their decisions on the formation of the electoral bloc;
(d) a joint
decision to form the electoral bloc signed by the authorized representatives
and certified by the seals of these 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 required documents.
These documents may be submitted simultaneously with, but not later than,
submission of the nomination documents of a candidate.
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 3 of this Article,
failure of one of or several public associations which formed the electoral
bloc to meet the requirements of Article 28 of this Federal Law, other
violations of this Federal Law. An electoral bloc shall not be refused
registration if the number of its participants is less than that indicated in
the decision of a congress (conference) of one of or several electoral
associations which have formed the given electoral bloc.
6. During the
period of the same election campaign the electoral associations comprised in an
electoral bloc shall not join other electoral blocs and shall not act as
independent electoral associations.
7. After an
electoral bloc has been registered with the Central Election Commission of the
Russian Federation it shall not admit any other electoral associations as its
members.
Article
30. Name of an Electoral Association, Electoral Bloc
1. An electoral
association, electoral bloc which nominated a candidate shall submit
information about the full name and the abbreviated name (consisting of not
more than seven words) of the electoral association, electoral bloc to the
Central Election Commission of the Russian Federation.
2. The name of
an electoral association shall be the name indicated in the registered statute of
the corresponding political public association.
3. The name of
an electoral bloc shall be determined at the congress (conference) of the
representatives of the electoral associations which formed the given electoral
bloc. The name of an electoral bloc shall not make use of the name of any
registered all-Russian public association which has not joined the given
electoral bloc, regardless of whether or not this public association takes part
in the election of the President of the Russian Federation, or the name of
another electoral bloc which has already been registered in the given election.
Neither shall an electoral bloc use the name which it used in the previous
election of the President of the Russian Federation, previous elections to the
State Duma of the Federal Assembly of the Russian Federation if more than a
half of electoral associations which were comprised in the given electoral bloc
in the previous elections are no longer its members. The first name and the
surname of a natural person may be used in the name of an electoral bloc only
with a written consent of the given natural person.
4. Electrical
associations, electoral blocs shall not change their name during the election
campaign period.
Article
31. Authorized Representatives of an Electoral Association, Electoral Bloc
1. An electoral
association, electoral bloc which nominated a candidate shall appoint
representatives authorized, under this Federal Law, to represent the electoral
association, electoral bloc in all matters concerning participation of the
electoral association, electoral bloc in the election of the President of the
Russian Federation.
2. Authorized
representatives shall be appointed by a decision of a congress (conference) of
the electoral association or a decision of representatives of the electoral
associations which formed the electoral bloc or by a body authorized to do so
by the congress (conference) of the electoral association or representatives of
the electoral associations which formed the electoral bloc.
3. An
authorized representative of an electoral association, electoral bloc shall act
on the basis of the decision provided by 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; address of the place of
residence; main place of work or service; position (occupation, if there is no
main place of work or service).
4. The list of
authorized representatives of an electoral association, electoral bloc shall be
submitted to the Central Election Commission of the Russian Federation in a
printed and a machine-readable form according to a form established by the
Central Election Commission of the Russian Federation. The list shall indicate
the first, middle and last name, date of birth, series and number of the
passport or an equivalent identity paper and the date of its issuance, address
of the place of residence, main place of work or service, position (occupation,
if there is no main place of work or service), telephone number of each
authorized representative. Appended to the list shall be a written consent of
each of the listed persons to act in this capacity.
5. Authorized
representatives of an electoral association, electoral bloc shall be registered
with the Central Election Commission of the Russian Federation.
6. Authorized
representatives of electoral associations, electoral blocs who hold state or
municipal offices shall not take advantage of their official position or
status.
7. The term of
powers of authorized representatives of an electoral association, electoral
bloc shall commence from the day of their appointment and expire when the
person nominated as a candidate by the given electoral association, electoral
bloc loses the status of a candidate, registered candidate but not later than
the day of official publication of the general election results.
8. Subject to
the decision of the body of an electoral association, electoral bloc authorized
to take such decisions an electoral association, electoral bloc may at any time
terminate the powers of an authorized representative of the electoral
association, electoral bloc by serving a written notice to this effect on this
representative and sending a copy of the relevant decision to the Central
Election Commission of the Russian Federation.
Article
32. Participation of Electoral Associations, Electoral Blocs in the Election of
the President of the
Electoral
associations, electoral blocs shall participate in the election of the
President of the Russian Federation on equal terms and conditions in a
procedure established by this Federal Law.
Chapter V. NOMINATION
AND REGISTRATION OF CANDIDATES
Article
33. Nomination of a Candidate Directly by Voters
1. After
official publication of the decision to call (hold) the election of the
President of the Russian Federation each citizen of the Russian Federation or
group of citizens of the Russian Federation who have a right to active suffruge
may form an initiative voters’ group consisting of not less than 100 people for
nominating a candidate.
2. Not later
than 30 days after official publication of the decision to call (hold) the
election of the President of the Russian Federation the initiative voters’
group shall submit a written application to the Central Election Commission of
the Russian Federation for the registration of the given initiative group. The
aforementioned period shall not be applied in the event of early election of
the President of the Russian Federation.
3. The
application of the initiative voters’ group shall indicate:
(a) 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), address of the place of residence (the name of the Subject of the
Russian Federation, raion, town, city or other populated center, street, house and
apartment number), length of residence in the territory of the Russian
Federation;
(b) 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), citizenship, address
of the place of residence, series and number of the passport or an equivalent
identity paper of each member of the initiative voters’ group.
4. The
application for registration of an initiative voters’ group shall be submitted
together with the protocol of registration of members of the initiative voters’
group at the meeting which nominated the candidate and the minutes of the
meeting of the said group. The minutes of the meeting of the initiative voters’
group shall contain its resolutions on:
(a) the
formation of the initiative voters’ group;
(b) the
nomination of the candidate, with the indication of the data listed in Clause 3
of this Article;
(c) the
appointment of authorized representatives of the initiative voters’ group, with
the indication of the data listed in Clause 4 Article 31 of this Federal Law.
5. The
following documents shall be appended to the application for registration of an
initiative voters’ group:
(a) notarized
powers of attorney for the authorized representatives of the initiative voters’
group;
(b) the
statement of the candidate expressing his/her consent to run, indicating the
first, middle and last name of the candidate, his/her 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), name of the elected
office held in the body of state power or in the body of local self-government
elected directly by the citizens of the Russian Federation (if any) length of residence
in the territory of the Russian Federation, citizenship (if the candidate has
Russian Federation and foreign citizenship - also the foreign citizenship and
the name of the corresponding foreign state, the date when the citizenship was
received and the reasons therefor). 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.
6. Also
attached to the application for registration of an initiative voters’ group
shall be the information about the amount and sources of the income of the
candidate, his/her spouse and children, information about the property owned by
the candidate, his/her spouse and children and about property liabilities of
the candidate, his/her spouse and children. The information about the amount
and sources of the income shall be submitted in form of copies of the income
declarations of the citizen who is a candidate, his/her spouse and children for
two years preceding the year in which the election of the President of the
Russian Federation was called (endorsed by the tax authorities). If the
declaration does not indicate the sources of income, this information shall be
submitted additionally according to a form established by the Central Election
Commission of the Russian Federation. If under the laws of the Russian
Federation on taxes and levies the citizen who is a candidate, his/her spouse
and/or children does (do) not have to file an income declaration, information
about the aggregate income for two years preceding the year in which the
election of the President of the Russian Federation was called shall be
provided by the organization (organizations) where this income was received.
Information concerning the property owned by the candidate, his/her spouse and
children shall be submitted in a form established by Annex 3 to this Federal
Law. The list of the information concerning the income and the property of a
candidate subject to publication in the event of his/her registration shall be
determined by the Central Election Commission of the Russian Federation. If for
two years before the election of the President of the Russian Federation was
called the candidate and/or the candidate’s spouse and/or children received no
income and/or if they own no property and/or have no property liabilities which
are to be declared under this clause, this fact shall be indicated in the
candidate’s statement expressing his/her consent to run.
7. In the
statement indicated in Clause 5 of this Article a candidate nominated directly
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 a procedure
established by law as well his/her status in this public association provided
this information is confirmed by a document certified by a permanent governing
body of the given public association. In this case, the candidate shall agree
with this body and with the Central Election Commission of the Russian
Federation the abbreviated name of the given public association consisting of
not more that seven words.
8. An
initiative voters’ group may nominate only one candidate. A candidate may give
his/her consent to run only to one initiative voters’ group. A candidate who
consented to nomination by an electoral association, electoral bloc shall not
give his/her consent to nomination by an initiative voters’ group.
9. The Central
Election Commission of the Russian Federation shall issue to the initiative
voters’ group a written document confirming receipt of the documents submitted
in accordance with this Article, immediately after these documents were
submitted.
10. Having made
sure that the submitted documents meet the requirements of this Federal Law the
Central Election Commission of the Russian Federation shall, within five days
after their submission, register the initiative voters’ group and its
authorized representatives and issue registration certificates to the
authorized representatives.
11. The reason
for the refusal of registration of an initiative voters’ group and its
authorized representatives may be the absence or improper execution of the
documents indicated in Clauses 2, 4 and 5 of this Article, presence of less
than 100 members of the initiative voters’ group at its meeting which nominated
the candidate or other violations of the candidate nomination procedure
established by this Federal Law.
12. If
registration of an initiative voters’ group and its authorized representatives
has been refused, a motivated decision of the Central Election Commission of
the Russian Federation to refuse registration shall be issued to the authorized
representatives. This decision may be appealed in the Supreme Court of the
Russian Federation, which shall adjudicate the complaint within three days.
Article
34. Nomination of a Candidate by an Electoral Association, Electoral Bloc
1. An electoral
association, electoral bloc shall nominate a candidate after official
publication of the decision to call (hold) the election of the President of the
Russian Federation.
2. An electoral
association, electoral bloc may nominate only one candidate.
3. An electoral
association, electoral bloc may nominate a candidate who is not a member of the
given electoral association, electoral associations which formed the given
electoral bloc.
4. A decision
to nominate a candidate shall be taken by an electoral association at its
congress (conference) by secret ballot.
5. When a
candidate is to be nominated by an electoral bloc a person proposed for
nomination from the electoral bloc shall be supported by secret ballot at a
congress (conference) of each electoral association comprised in the electoral
bloc. The said congresses (conferences) shall also approve representatives
authorized to take a decision on the nomination of a candidate from the
electoral bloc. The decision to nominate a candidate from an electoral bloc
shall be taken at a congress (conference) of representatives of the electoral
associations which formed the electoral bloc.
6. The decision
of the congress (conference) of an electoral association, electoral bloc to
nominate a candidate shall be recorded in the minutes (or some other document)
indicating:
(a) the number
of registered participants in the congress (conference);
(b) the number
of participants, which is required for passing a decision in accordance with
the statute of the electoral association, agreement for the formation of the
electoral bloc;
(c) the
decision to nominate a candidate indicating the candidate's first, middle and
last name, his/her date of birth, education, main place of work or service and
position (occupation, if there is no main place of work), address of the place
of residence, citizenship, length of residence in the territory of the Russian Federation;
(d) the
decision on the appointment of authorized representatives of the electoral
association, electoral bloc;
(e) the date of
the decision.
7. The decision
of the congress (conference) of an electoral association on the nomination of a
candidate shall be certified by the signature of the head of the electoral
association and the seal of the electoral association. When a candidate is
nominated by an electoral bloc, the decision taken by the congress (conference)
of an electoral association which joined the electoral bloc on the nomination
of a person proposed for nomination as a candidate shall be certified by the
signature of the head of this electoral association and the seal of the
electoral association; the decision of the congress (conference) of an
electoral bloc on the nomination of a candidate shall be certified by the
signatures of the authorized representatives of the electoral bloc and by the
seals of the electoral associations which formed the electoral bloc.
8. Not later
than 30 days after official publication of the decision to call (hold) the
election of the President of the Russian Federation, the authorized
representatives of an electoral association, electoral bloc shall submit the
decision of the congress (conference) of the electoral association, electoral
bloc on the nomination of a candidate to the Central Election Commission of the
Russian Federation. In the event of early election of the President of the
Russian Federation the aformention period is not applied.
9.
Simultaneously with the submission of the decision of the congress (conference)
of an electoral association on the nomination of a candidate an authorized
representative of the electoral association shall submit the following
documents to the Central Election Commission of the Russian Federation:
(a) a notarized
copy or the certificate evidencing that the all-Russian political public
association has been registered with the Ministry of Justice of the Russian
Federation;
(b) a notarized
copy of the current statute of the all-Russian political public association;
(c) the list of
authorized representatives of the electoral association indicating the data
listed in Clause 3 Article 31 of this Federal Law.
10.
Simultaneously with the submission of the decision of the congress (conference)
of an electoral bloc on the nomination of a candidate an authorized
representative of the electoral bloc shall submit the following documents to
the Central Election Commission of the Russian Federation:
(a) the minutes
of the congresses (conferences) of the electoral associations which formed the
electoral bloc with decisions on the nomination of the person proposed for
election as a candidate from the electoral bloc;
(b) the list of
authorized representatives of the electoral bloc indicating the data listed in
Clause 3 Article 31 of this Federal Law.
11.
Simultaneously with the documents listed in Clauses 8 - 10 of this Article an
authorized representatives of an electoral association, electoral bloc shall
submit to the Central Election Commission of the Russian Federation the
candidate's statement expressing his/her consent to run. This statement shall
indicate the first, middle and last name of the candidate, his/her date and
place of birth, address of the place of residence, education, main place of
work or service (occupation, if there is no main place of work or service),
position, length of residence in the territory of the Russian Federation,
citizenship (if the candidate has Russian Federation and foreign citizenship -
also the foreign citizenship and the name of the corresponding foreign state,
the date when the citizenship was received and the reasons therefor), and, on
the candidate's request , his/her membership and status in not more than one
public association registered not later than a year prior to voting day and
his/her status in this public association. If a candidate has a conviction that
has not expired or has not been cancelled, the statement shall also indicate
the number (numbers) and the name (names) of the article (articles) of the
Criminal Code of the Russian Federation on the basis of which the candidate was
convicted and the article (articles) of the criminal code adopted in accordance
with the Fundamental Criminal Legislation of the USSR and the Union republics,
the article (articles) of the law of a foreign state and the name of the law,
if the candidate was convicted under these legislative acts for actions
qualified as crimes by the current Criminal Code of the Russian Federation.
12. An
authorized representative of an electoral association, electoral bloc shall
also submit to the Central Election Commission of the Russian Federation the
information about the amount and sources of the income of the candidate,
his/her spouse and children, information about the property owned by the
candidate, his/her spouse and children and about property liabilities of the
candidate, his/her spouse and children. The information about the amount and
sources of the income shall be submitted in form of copies of the income
declarations of the citizen who is a candidate, his/her spouse and children for
two years preceding the year in which the election of the President of the
Russian Federation was called (endorsed by the tax authorities). If the
declaration does not indicate the sources of income, this information shall be
submitted additionally according to a form established by the Central Election
Commission of the Russian Federation. If under the laws of the Russian
Federation on taxes and levies the citizen who is a candidate, his/her spouse
and/or children does (do) not have to file an income declaration, information
about the aggregate income for two years preceding the year in which the
election of the President of the Russian Federation was called shall be
provided by the organization (organizations) where this income was received.
Information concerning the property owned by the candidate, his/her spouse and
children shall be submitted in a form established by Annex 3 to this Federal
Law. The list of the information concerning the income and the property of a
candidate subject to publication in the event of his/her registration shall be
determined by the Central Election Commission of the Russian Federation. If for
two years before the election of the President of the Russian Federation was
called the candidate and/or the candidate’s spouse and/or children received no
income and/or if they own no property and/or have no property liabilities which
are to be declared under this clause, this fact shall be indicated in the
candidate’s statement expressing his/her consent to run.
13. A candidate
may give his/her consent to run only to one electoral association, electoral
bloc.
14. The Central
Election Commission of the Russian Federation shall issue to an authorized
representative of an electoral association, electoral bloc a written note
confirming receipt of the documents submitted in accordance with this article,
immediately after they were submitted.
15. Within five
days, the Central Election Commission of the Russian Federation shall consider
the submitted documents and take a decision to register authorized
representatives of an electoral association, electoral bloc or a motivated
decision to refuse to register the authorized representatives of the electoral
association, electoral bloc. If, at the same time, an electoral bloc submitted
to the Central Election Commission of the Russian Federation the documents for
registration of the electoral bloc as provided by Article 29 of this Federal
Law, the Central Election Commission of the Russian Federation shall consider
all submitted documents within seven days.
16. The reason
for the refusal to register authorized representatives of an electoral
association, electoral bloc may be the absence or improper execution of the
documents indicated in this Article, other violations of the candidate
nomination procedure established by this Federal Law.
17. In the
event of refusal of registration a motivated decision of the Central Election
Commission of the Russian Federation to refuse registration shall be issued to
the authorized representatives of an electoral association, electoral bloc.
This decision may be appealed in the Supreme Court of the Russian Federation,
which shall adjudicate the complaint within three days.
Article
35. Ensuring Equal Status of Candidates
1. All
candidates shall have equal rights and bear equal obligations, save as provided
otherwise by this Federal Law.
2. The Central
Election Commission of the Russian Federation shall ensure ready accessibility
of the information about candidates and changes in this information (in the
"read only" mode) to the users of the public
information-communication networks.
3. Candidates
holding government and municipal offices, persons who are not candidates but
hold government and municipal offices shall not take advantage of their
official position or status during the preparation and conduct of the election
of the President of the Russian Federation.
4. In this
Federal Law taking advantage of one's official position or status shall mean:
(a)
involvement, during the working hours, of persons who are subordinate to or
dependent otherwise on the candidate in the line of duty, of other government
and municipal employees in the activity conducive to nomination and/or
election;
(b) use of
premises occupied by state bodies or bodies of local self-government for
carrying on activities conducive to nomination and/or election of a candidate,
registered candidate, if other candidates or registered candidates cannot use
the same premises on the same terms and conditions;
(c) use of
telephone, fax and other means of communication, information services, office
equipment of state organizations or bodies of local self-government for
collecting voter signatures or election campaigning;
(d) use of
state- or municipality-owned transport facilities free of charge or at reduced
rates for carrying on activities conducive to nomination and/or election. This
provision shall not apply to persons using the said transport facilities in
accordance with the federal law on state-provided security;
(e) collection
of voter signatures or election campaigning by government or municipal
employees in the course of business trips paid for from the state or municipal
funds;
(f) privileged
access (compared to other candidates, registered candidates) or provision of
privileged access to the mass media indicated in Sub-clauses "a" -
"d" Clause 1 Article 47 of this Federal Law for collecting voter
signatures or election campaigning.
5. Compliance
with the aforementioned restrictions must not interfere with the exercise by
deputies, elected officials of their powers and performance of their duties in
respect of voters.
6. In the
course of an election campaign no charity activities shall be carried on by
candidates, electoral associations, electoral blocs which have nominated
candidates, electoral associations comprised in these electoral blocs,
authorized representatives of electoral associations, electoral blocs, members
and authorized representatives of initiative groups of voters which nominated
candidates as well as organizations whose founders, owners, possessors are
and/or whose governing or supervisory bodies include the said persons and/or
organizations (representatives of the said organizations) and by other natural
persons and legal entities acting on the request or on the instructions of the
said persons and organizations. The said persons and organizations shall not
ask other natural persons and legal entities to provide material and financial
aid or services to voters and organizations. Natural persons and legal entities
shall not carry on charity activities on behalf or in support of candidates,
electoral associations and electoral blocs which nominated candidates, their
authorized representatives, members and authorized representatives of
initiative groups of voters which nominated candidates.
Article
36. Collection of Signatures in Support of a Candidate
1. An electoral
association, electoral bloc, initiative voters’ group which nominated a
candidate shall collect not less than a million signatures in his/her support.
Not more than seventy thousand signatures of voters who permanently or
currently reside in the territory of the given Subject of the Russian
Federation may be collected in any one Subject of the Russian Federation. If
signatures are collected among voters who permanently or currently reside
outside the territory of the Russian Federation, the total number of such
signatures shall not exceed seventy thousand.
2. Collection
of signatures in support of a candidate shall start from the day of
registration of authorized representatives of an electoral association,
electoral bloc, initiative voters’ group. Collection of voter signatures before
registration of authorized representatives shall not be allowed.
3. Signature
sheets shall be made up according to a form shown in Annexes 1 and 2 to this
Federal Law.
4. When voter
signatures are collected, each signature sheet shall indicate the first, middle
and last name of the candidate, his/her date of birth, main place of work or
service and position (occupation, if there is no main place of work or
service), place of residence of the candidate (the Subject of the Russian
Federation, raion, town, city or other populated center) and the initiator of
the candidate’s nomination. If a candidate has a conviction that has not
expired or has not been cancelled, the signature sheet shall indicate the number
(numbers) and the name (names) of the article (articles) of the Criminal Code
of the Russian Federation on the basis of which the candidate was convicted and
the article (articles) of the criminal code adopted in accordance with the
Fundamental Criminal Legislation of the USSR and the Union republics, the
article (articles) of the law of a foreign state and the name of the law, if
the candidate was convicted under these legislative acts for actions qualified
as crimes by the current Criminal Code of the Russian Federation. If the
candidate has Russian Federation and foreign citizenship, the signature sheet
shall indicate this fact along with the name of the corresponding foreign
state. Each signature sheet shall indicate the name of the Subject of the Russian
Federation in which signatures are collected and, if signatures of Russian
Federation citizens are collected outside the Russian Federation, the name of
the corresponding foreign state.
5. The
signature sheet shall also indicate the membership of the candidate in the
public association, which the candidate indicated in his/her statement of
consent to run in accordance with Clause 7 Article 33 or Clause 11 Article 34
of this Federal Law, and his/her status in this public association.
6.
Participation of the governing bodies of organizations of all forms of
ownership, institutions in the collection of signatures shall not be allowed.
It shall be prohibited to resort to coercion in order to force voters to put
their signatures, to remunerate them in any manner for doing so and to collect
voter signatures when and where wages and salaries are paid or charity is
given. Gross or repeated violation of these bans may serve as a reason for
invalidating the collected signatures and/or denying registration of a candidate,
canceling registration of a registered candidate.
7. Collection
of voter signatures may be carried out by adult competent citizens of the
Russian Federation. A candidate may sign a contract with a signature collector
for collection of voter signatures. Payment for this work shall be made only
through the electoral fund of a candidate.
8. Voter
signatures may be collected at the place of work, service, study, residence and
in other places where signature collection and election campaigning are not
prohibited by federal laws.
9. Voters may
put their signature in support of several candidates but only once in support
of the same candidate. A voter shall put his/her signature on the signature
sheet, mark the corresponding date and write the following data: his/her first,
middle and last name, year of birth (if the voter is 18 years old as of the day
when he/she signs the signature list, 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. The data of voters who put their signatures in
support of a candidate may be written on the signature sheet by the signature
collector. This data shall not be written otherwise than by hand.
10. During
collection of voter signatures the signature sheet 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 sheet.
11. The
signature sheet shall be certified by the signature collector, who shall, with
his/her own hand, write his/her first, middle and last name, address of the
place of residence, series and number of the passport or an equivalent identity
paper and the date of its issuance, sign the signature sheet and mark the date
whet it was signed, and by an authorized representative of the electoral
association, electoral bloc, initiative voters’ group which nominated the candidate,
who shall sign the sheet and mark the date with his/her own hand against
his/her first, middle and last name.
12. After
collection of voter signatures has been completed authorized representatives of
an electoral association, electoral bloc, initiative voters’ group which
nominated a candidate shall count the number of collected signatures separately
for each Subject of the Russian Federation where signatures were collected, the
number of the collected signatures of voters residing outside the Russian
Federation and the total number of signatures. The counts 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,
initiative voters’ group.
13. In the
event of the early or repeat election of the President of the Russian
Federation the number of voter signatures indicated in Clause 1 of this Article
shall be reduced by half.
Article
37. Submission of Electoral Documents for Registration of Candidates
1. For
registration of a candidate the candidate or an authorized representative of
the electoral association, electoral bloc, initiative voters’ group shall, not
earlier than 90 days and not later than 55 days prior to voting day, submit the
following electoral documents to the Central Election Commission of the Russian
Federation before 18.00 hours, Moscow time:
(a) signature
sheets with voter signatures collected in support of nomination of the
candidate;
(b) a protocol
of signature collection results on a paper medium, in duplicate, and on a
machine-readable medium according to a form established by the Central Election
Commission of the Russian Federation;
(c) information
about changes in the candidate's data submitted earlier in pursuance of Clauses
5 and 7 Article 33 and Clause 11 Article 34 of this Federal Law;
(d) the first
financial report of the candidate.
2. Signature
sheets submitted to the Central Election Commission of the Russian Federation
shall be numbered and bound into files according to the Subjects of the Russian
Federation, foreign states where signatures were collected.
3. The number
of voter signatures in support of a candidate submitted to the Central Election
Commission of the Russian Federation may be larger than the number of
signatures required for registration under this Federal Law but shall not
exceed this number by not more than 15 percent.
4. When
accepting electoral documents the Central Election Commission of the Russian
Federation shall certify each file containing signature sheets with the seal of
the Central Election Commission of the Russian Federation, make sure that the
number of the submitted signature sheets corresponds to the number indicated in
the protocol of the results of voter signature collection and then issue to the
candidate or an authorized representative of the electoral association,
electoral bloc, initiative voters’ group a written receipt certifying the
acceptance of the signature sheets and indicating the number of accepted
signature sheets, the stated number of signatures, the date and time of
acceptance of the signature lists. The Central Election Commission of the
Russian Federation shall not restrict admission to the commission’s premises
for a candidate, an authorized representative of an electoral association,
electoral bloc, initiative voters’ group which nominated candidates nor shall
it refuse to accept from these persons the electoral documents required for
registration if the documents were delivered before expiration of the time
indicated in Clause 1 of this Article.
Article
38. Verification of the Data Contained in Signature Sheets and Information
Submitted by Candidates, Electoral Associations, Electoral Blocs, Initiative
Voters’ Groups
1. The Central
Election Commission of the Russian Federation shall check to make sure that
nomination of a candidate was carried out in conformity with the requirements
of this Federal Law and shall verify the data contained in the signature sheets
in support of the candidate for each electoral association, electoral bloc,
initiative voters’ group which submitted the documents required by this Federal
Law. The Central Election Commission of the Russian Federation may verify the
biographical data and other information submitted by candidates, electoral
associations, electoral blocs, initiative groups of voters which nominated
candidates in accordance with this Federal Law.
2. The Central
Election Commission of the Russian Federation, other election commissions may
request appropriate bodies to verify the data and information submitted in
accordance with this Federal Law, and these bodies shall inform the election
commission about the results of the verification within the time established by
the election commission. In the period which ends ten days prior to voting day
this time shall not exceed ten days.
3. The Central
Election Commission of the Russian Federation may, by its decision, form
working groups from the members of the Central Election Commission of the
Russian Federation, members of its staff, invited specialists to verify voter
signatures and the accompanying data contained in the signature sheets. Such
verification may be carried out with the involvement of members of lower-level
election commissions, experts from among specialists of the internal-affairs
agencies, juridical bodies of the Russian Federation, military commissariats,
and other specialized institutions and organizations in charge of registration
of the population in the Russian Federation. As a result of their conclusions
the data in signature sheets may be pronounced unauthentic. In order to
establish the authenticity of the data contained in signature sheets the
Central Election Commission of the Russian Federation may use the State
Registry of Voters, Referendum Participants.
4. Verification
shall cover not less than 20 percent of the number of voter signatures in
support of each candidate required for the registration of a candidate and the
accompanying data of voters who put their signatures in signature sheets.
5. An equal
number of signatures collected in support of each candidate shall be sampled
for initial verification. Signature sheets to be subjected to selective
verification shall be chosen by random sampling (by lot). The random sampling
procedure shall be determined by the Central Election Commission of the Russian
Federation. Lot-drawing and verification of signature sheets may be witnessed
by a candidate, an authorized representative of the candidate for financial
matters, an authorized representative of the electoral association, electoral
bloc, initiative voters’ group. Lot-drawing shall be held directly after
issuance of a written confirmation of the acceptance of the signature sheets.
The Central Election Commission of the Russian Federation shall inform in
advance the aforementioned persons of the time appointed for verification of
the collected signatures. The Central Election Commission of the Russian
Federation shall not deny other persons sent by a candidate, electoral
association, electoral bloc, initiative voters’ group a possibility to be
present at signature verification. Verification shall cover all signatures on
the signature sheets chosen for verification and the accompanying data.
6. On the basis
of verification of the signatures and the data contained in signature sheets a
voter signature may be pronounced authentic or unauthentic or invalid.
7. The
signatures and the accompanying data entered in signature sheets but deleted
(stricken out) by nominators of a candidate before the signature sheets were
submitted to the Central Election Commission of the Russian Federation shall
not be verified or counted if the nominators have made a special note to
confirm the deletion.
8. If
verification of signature sheets reveals several signatures put by one person
in support of the nomination of the same candidate, only one signature shall be
deemed authentic and the remaining signatures shall be pronounced unauthentic.
9. The
following signatures shall be pronounced unauthentic:
(a) signatures
of persons who do not have a right to active suffrage in the given Subject of
the Russian Federation and signatures of voters who indicated wrong data in
signature sheets. In this case, a signature shall be pronounced unauthentic if
an official conclusion was received from an internal affairs body or an expert
involved in the verification of signatures in accordance with Clause 3 of this
Article;
(b) voter
signatures which are not accompanied by some of the data required under this
Federal Law or are not dated by the voter who put his/her signature on the
signature sheet
(c) signatures
put in the name of different persons by one person or in the name of one person
by another person;
(d) voter
signatures accompanied by voter data which are not hand-written or are written
with a pencil;
(e) voter
signatures with the signing date corrected by voters and by persons certifying
signature sheets if the corrections are not expressly endorsed by the voter or
the person certifying signature sheets, respectively, as well as voter
signatures with the signing date written by persons other than the voter;
(f) voter
signatures with corrections in the accompanying voter data if the corrections
are not expressly endorsed by the voter or the person certifying the signature
sheets;
(g) all
signatures on a signature sheet if the signature sheet is not certified by an
autograph signature of the signature collector and/or an authorized
representative of the electoral association, electoral bloc, initiative voters’
group or if this signature is unauthentic or if the data of the signature
collector, the signing date put by the signature collector, the authorized representative
of the electoral association, electoral bloc, initiative voters’ group were
corrected and the corrections are not expressly endorsed by, respectively, the
signature collector, the authorized representative of the electoral
association, electoral bloc, initiative voters’ group.
10. Signatures
written in the name of several persons by one person or in the name of one
person by another person shall be pronounced unauthentic on the basis of a
written conclusion of an expert involved in verification of signatures in
accordance with Clause 3 of this Article.
11. The
following signatures shall be pronounced invalid:
(a) voter
signatures put on a signature sheet before the date on which authorized
representatives of an electoral association, electoral bloc, initiative voters’
group which nominated the candidate were registered by the Central Election
Commission of the Russian Federation;
(b) signatures
found invalid on the basis of Clause 6 Article 36 of this Federal Law;
(c) voter
signatures if voter data were written on signature sheets not by voters who put
their signatures and not by persons who collected signatures appearing on the
given signature sheet – on the basis of a written conclusion of an expert
engaged for verification of signatures in accordance with Clause 3 of this
Article;
(d) all
signatures on a signature sheet which does not meet the requirements set forth
in Annexes 1 and 2 to this Federal Law.
12. If a filled-in
line (lines) is (are) discovered on the signature sheet, which does (do) not
meet the requirements of this Federal Law, only the signature in the given line
((lines) shall be disregarded, except as provided by Clause 8, Sub-clause
"d" Clause 9 and Sub-clause "d" Clause 11 of this Article.
13. Corrections
and blots expressly endorsed when a signature sheet was made up shall not be a
reason for pronouncing a signature unauthentic when signatures are verified or
counted, unless the signature is found unauthentic in accordance with Clauses 8
and 9 of this Article.
14. 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 10 per cent of the number of voter signatures
required for registration shall be subjected to verification in a procedure set
forth in this article.
15. If the
total number of unauthentic and invalid signatures discovered in the course of
selective verification exceeds 15 percent of the total number of signatures
subject to verification under Clauses 5 and 14 of this Article, further
verification of the signature sheets shall be discontinued and the candidate
shall not be registered.
16. Neither
shall a candidate be registered if the number of submitted voter signatures
minus the number of signatures found unauthentic and invalid is insufficient
for registration.
17. After the
end of verification of signature sheets a protocol of verification results
shall be drawn up for each candidate. The protocol shall be signed by the head
of the working group - a voting member of the Central Election Commission of
the Russian Federation and shall be submitted to the Central Election
Commission of the Russian Federation for adoption of an appropriate decision.
The protocol shall indicate the stated number of voter signatures in support of
a candidate; the number of submitted voter signatures; the number of signatures
subjected to verification; the number of signatures found to be unauthentic and
invalid and the reasons therefor. This protocol shall be appended to the
appropriate decision of the Central Election Commission of the Russian
Federation. No changes shall be made in the protocol after the decision has
been taken by the Central Election Commission of the Russian Federation. A copy
of the protocol shall be given to the candidate or to an authorized
representatives of the electoral association, electoral bloc, initiative
voters’ group not less than 12 hours prior to the meeting of the Central
Election Commission of the Russian Federation at which registration of the
candidate is to be considered. If the number of authentic signatures has been
found to be insufficient or if more than 15 percent of voter signatures subjected
to verification have been found to be unauthentic and invalid, the candidate or
an authorized representative of the electoral association, electoral bloc,
initiative voters’ group may receive from the Central Election Commission of
the Russian Federation the protocol and a copy of the verification report
certified by the head of the working group. The report shall set forth the
reasons why voter signatures were pronounced unauthentic and invalid and
indicate the number of the file, the number of the signature sheet and the
number of the line on the signature sheet wherein each such signature in
contained.
Article
39. Registration of a Candidate
1. Not later
than ten days after acceptance of signature sheets and other documents required
for registration of a candidate the Central Election Commission of the Russian
Federation shall either register the candidate or take a motivated decision to
refuse registration of a candidate. If the registered candidate was nominated
by an electoral association, electoral bloc, the decision of the Central
Election Commission of the Russian Federation shall mention that the candidate
has been nominated by an electoral association, electoral bloc. The decision to
register a candidate shall indicate the date and time of the registration.
2. If a
candidate, registered candidate uses a pseudonym in his/her creative activity
or if there are persons bearing the same surnames among the candidates,
registered candidates, the said candidate, registered candidate may, within five
days after the deadline for the submission of documents for registration of
candidates to the Central Election Commission of the Russian Federation,
register his/her creative pseudonym with the Central Election Commission of the
Russian Federation and, if there is another person bearing the same surname,
any pseudonym which he/she may use in the course of election campaigning along
with his/her true first, middle and last name. The pseudonym of a candidate,
registered candidate shall be indicated, along with the true first, middle and
last name, in all official documents (including information documents) and in
other materials issued by the election commissions. Such a pseudonym shall not
be the name or the already registered pseudonym of some other candidate,
registered candidate.
3. Having taken
a decision to refuse registration of a candidate, the Central Election
Commission of the Russian Federation shall, within 24 hours after the decision
was taken, issue a copy of this decision stating the reasons for the refusal to
the candidate or to an authorized representative of the electoral association,
electoral bloc, initiative voters’ group which nominated the candidate. The
reasons for the refusal may be as follows:
(a) essential
violation of the signature collecting procedure established by this Federal
Law;
(b) absence or
improper execution of the documents indicated in Articles 33, 34 and 37 of this
Federal Law;
(c)
insufficient number of submitted authentic voter signatures in support of the
candidate or the proportion of unauthentic and invalid signatures found among
the signatures subjected to verification exceeding 15 percent;
(d) inaccuracy
of the information submitted by the candidate in accordance with this Federal
Law, if the inaccuracy is essential, including failure to declare the income
exceeding by more than 200 times the minimum monthly wage established by the
federal law as of the day of official publication of the decision to call
(hold) the election of the President of the Russian Federation, if such income
accounts for more than 10 percent of the income declared in accordance with
this Federal Law; failure to declare apartments, houses, land plots, air, sea,
river craft, an enterprise (a part thereof) owned by the candidate; failure to
declare a deposit (deposits, a part of the deposit) in settlement accounts
exceeding by more than 200 times the minimum monthly wage established by the
federal law as of the day of official publication of the decision to call
(hold) the election of the President of the Russian Federation if this deposit
exceeds by more than 10 percent the amount of the deposit (deposits) in the
settlement accounts declared under this Federal Law.
(e) essential
violation of the rules for the formation and expenditure of the electoral fund
of the candidate;
(f) violation
of Clause 6 Article 35 of this Federal Law by the candidate, the electoral
association, electoral bloc, initiative voters’ group which nominated the
candidate and their authorized representatives;
(g) other
reasons provided by this Federal Law.
4. Upon
discovery of an offence which entails criminal or administrative liability the
Central Election Commission of the Russian Federation shall hand over
appropriate electoral documents and other materials to law enforcement bodies
to bring to responsibility the persons guilty of violation of this Federal Law.
5. If the
inaccuracy of the information submitted by a candidate in pursuance of Articles
33, 34 and 37 of this Federal Law has been established after registration of
the candidate and this inaccuracy is essential, the Central Election Commission
of the Russian Federation may, not later than 16 days prior to voting day,
annul the decision to register the candidate or, 15 days to 1 day prior to
voting day, apply to a court for annulment of the candidate's registration.
6. The decision
of the Central Election Commission of the Russian Federation to register a
candidate or to refuse his/her registration may be appealed in the Supreme
Court of the Russian Federation. The appeal shall be adjudicated within five
days.
7. A
certificate of registration shall be issued to each registered candidate,
indicating the date and time of registration. Within 48 hours after
registration the Central Election Commission of the Russian Federation shall
release the data about the registered candidates to the mass media. Not later
than 15 days prior to voting day territorial election commissions shall display
information about registered candidates on bulletin boards inside their
premises; the said information shall contain the data listed in Clauses 5 and 7
Article 33 and Clause 11 Article 34 of this Federal Law. The same procedure
shall be used to announce information about annulment of registration of
registered candidates, changes in the membership of electoral blocs which
nominated registered candidates. The information concerning registered
candidates shall be arranged in the same order as on ballots.
8. If, 45 days
prior to voting day, less than two candidates are registered, the Central
Election Commission of the Russian Federation shall take a decision to postpone
the election for a period of up to 60 days for additional nomination of candidates
and performance of subsequent electoral actions.
Charter VI. STATUS
OF REGISTERED CANDIDATES
Article
40. Equality of Registered Candidates
1. All
registered candidates shall have equal rights and bear equal obligations,
except as provided otherwise by this Federal Law, Federal Law "On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum," other federal laws.
2. Registered
candidates holding government offices of category "A" according to
the federal law "On the Basic Principles of the Civil Service in the
Russian Federation" and registered candidate holding elective municipal
offices shall not take advantage of their official position.
3. Registered
candidates who are on the civil or municipal service or work in the mass media
under a labor agreement or a civil-law contract shall be released from the
performance of their official duties during their participation in the election
of the President of the Russian Federation .Within three days after
registration, they shall submit to the Central Election Commission of the
Russian Federation a certified copy of the relevant order (directive) or copies
of the documents certifying that in this period they applied for the release
from their duties, and they shall not take advantage of their official position
or status. The President of the Russian Federation running for election for a
second term or the Chairman of the Government of the Russian Federation who,
under the Constitution of the Russian Federation, acts as President of the
Russian Federation and is a registered candidate shall continue to exercise
his/her powers but shall not take advantage of his/her official position.
4. Violations
of the principle of equal suffrage committed by taking advantage of one's
official position and status are listed in Clause 4 Article 35 of this Federal
Law.
5. Registered
candidates holding government offices of category "A" or elective
municipal offices shall carry on election campaigning only when the are off
duty (on leave, on weekends and holidays, on other days off). This rule shall
not apply when the said registered candidates use free air time on the channels
of the state and municipal TV and radio broadcasting organizations in
accordance with Article 49 of this Federal Law.
6. Officials,
journalists and creative staff of TV and radio broadcasting organizations and
editorial offices of print media shall not participate in highlighting the
election campaign through the mass media if these persons are registered
candidates or their agents, authorized representatives for financial matters of
registered candidates, authorized representatives of electoral associations,
electoral blocs, initiative groups of voters which nominated registered
candidates.
7. Compliance
with the restrictions imposed by this Article shall not prevent deputies,
elected officials from exercising their powers and performing their duties in
respect of voters.
8. In the
course of an election campaign no charity activities shall be carried on by
registered candidates and their authorized representatives for financial
matters and agents, electoral associations, electoral blocs which nominated
registered candidates, electoral associations comprised in such electoral
blocs, authorized representatives of electoral associations, electoral blocs
which nominated registered candidates, members and authorized representatives
of initiative groups of voters which nominated registered candidates and
organizations whose founders, owners or possessors are and/or whose governing
or supervisory bodies include the said persons and/or organizations
(representatives of such organizations) as well as other natural persons and
legal entities acting on the request or on the instructions of the said persons
and/or organizations. The said persons and organizations shall not ask other
natural persons and legal entities to render material and financial aid or
services to voters and organizations. Natural persons and legal entities shall
not carry on charity activities on behalf or in support of registered
candidates and their authorized representatives for financial matters and
agents, electoral associations, electoral blocs, initiative groups of voters
which nominated registered candidates and their authorized representatives.
Article
41. Guarantees for the Activity of a Registered Candidate
1. Upon a
registered candidate's request or report the management of the organization,
the commanding officer of the military unit, the head of the internal affairs
body where a registered candidate works, serves or undergoes military training
shall release the registered candidate from work, service, study on any day and
for any time during the period from the date of the candidate's registration by
the Central Election Commission of the Russian Federation to the day of
official publication of the election results. If a registered candidate is
released from work, service, the Central Election Commission of the Russian Federation
shall pay the registered candidate monetary compensation in the amount of
his/her average monthly wage (salary, pay) from the state budget funds
allocated for the preparation and conduct of the election. The said
compensation shall be paid from the funds allocated from the federal budget for
the preparation and conduct of the election of the President of the Russian
Federation and shall not exceed by more than 20 times the minimum monthly wage
established by the federal law as of the day on which a decision to call (hold)
the election of the President of the Russian Federation was officially
published. The monetary compensation shall be paid to the registered candidate
for the period during which he/she is released from the main work on the basis
of an order of the management of the candidate's main place of work or service
granting an unpaid leave to the candidate.
2. A registered
candidates shall be entitled to payment of compensation for travel expenses
incurred in the use of any means of public transport within the territory of
the Russian Federation, with the exception of taxi and chartered trips. A
registered candidate shall be compensated for the cost of tickets for suburban
transport (not more than 30 trips) and inter-city transport (not more than 89
trips from the place of residence indicated by him/her in the statement
expressing the consent to nomination to the center of the Subject of the
Russian Federation and back) – upon production of the tickets, and for the cost
of passes – upon production of passes for the corresponding period.
3. Travel
expenses of a registered candidate shall be compensated for by the Central
Election Commission of the Russian Federation from the funds allocated from the
federal budget for the preparation and conduct of the election of the President
of the Russian Federation.
4. No monetary
compensation and no compensation for travel expenses shall be paid after a
registered candidate submits the final financial report to the Central Election
Commission of the Russian Federation within the period established by this
Federal Law.
5. A registered
candidate shall not be dismissed from his/her job on the initiative of the
administration (employer); expelled from an educational establishment;
transferred to another job, including jobs in other localities, or sent on
business trips without his/her consent; called up for military or alternative
(civil) service or military training. The time of participation of a registered
candidate in the election of the President of the Russian Federation shall be
included in his/her overall service record in accordance with his/her specialty
before registration.
6. A registered
candidate shall not be subjected to criminal prosecution, arrested and no
administrative punishments shall be imposed on the registered candidate by a
court without the consent of the Prosecutor General of the Russian Federation.
Having given such a consent, the Prosecutor General of the Russian Federation
shall serve a notice to this effect on the Central Election Commission of the
Russian Federation.
7. A registered
candidate, his/her agent shall be entitled to receive from the appropriate
election commission of the Subject of the Russian Federation a list of
electoral precincts, indicating their boundaries, the addresses and telephone
numbers of territorial and precinct election commissions, addresses of voting
premises.
8. A registered
candidate shall lose the rights and shall be released from the obligations
connected with the status of a registered candidate from the day of official
publication of the general election results. If the Central Election Commission
of the Russian Federation appoints the repeat voting, registered candidates
whose candidatures are not involved in the repeat voting shall lose their
status from the day on which the Central Election Commission of the Russian
Federation appointed the date of the repeat voting. In the case provided by
Clause 3 Article 73 of this Federal Law a registered candidate who takes the
place of the registered candidate who withdrew from the election shall regain
the rights and obligations connected with the status of a registered candidate.
Article
42. Agents of a Registered Candidate
1. A registered
candidate may have up to 600 agents. These persons shall be registered by the
Central Election Commission of the Russian within three days after receipt of a
written statement from a registered candidate about appointment of agents and a
written statement of the person expressing his/her consent to be an agent of
the candidate. These statements shall indicate the first, middle and last name
of the agent, his/her date of birth, main place of work or service (occupation,
if there is no main place of work or service), position, address of the place
of residence (the name of the Subject of the Russian Federation, raion, city or
town, other populated center, street, number of the house and the apartment),
series and number of the passport or an equivalent identity paper, date of its
issuance. The list of agents shall be submitted to the Central Election
Commission of the Russian Federation in a printed and a machine-readable form
according to a form established by the Central Election Commission of the
Russian Federation.
2. Agents of a
registered candidate shall receive a certificate from the Central Election
Commission of the Russian Federation. The administration (employer) shall grant
an unpaid leave of absence to agents on their request for the period indicated
in Clause 1 Article 41 of this Federal Law.
3. Agents of a
registered candidate shall carry on campaigning and other activities which are
conducive to the election of the registered candidate. An agent shall also be
granted the powers of an observer.
4. Registered
candidates who appointed agents may, at any time, recall them and appoint other
agents in their place by serving an notice to this effect on the Central
Election Commission of the Russian Federation, which shall annul the
certificates issued to the recalled agents. Agents may, at any time, resign
their powers on their own initiative by returning their certificates to the
Central Election Commission of the Russian Federation and serving a notice to
this effect on a registered candidate.
5. The powers
of agents of a registered candidate shall commence from the day on which agents
are registered by the Central Election Commission of the Russian Federation and
end upon the loss of the status by the registered candidate who appointed the
agents, save as provided otherwise by Clause 4 of this Article, but not later
than the day of official publication of the general election results or, if
complaints about violations of this Federal Law are being investigated by a
court, not later than the date of the final decision of the court.
Article
43. Withdrawal of a Candidate, Registered Candidate
1. A candidate
may, at any time, withdraw his/her statement expressing the consent to run by
serving a written notice to this effect on the Central Election Commission of
the Russian Federation. Such a notice shall be irrevocable.
2. A registered
candidate may, at any time but not later than five days prior to voting day,
withdraw his candidature by submitting a written application to the Central
Election Commission of the Russian Federation. Such an application shall be
irrevocable. Based on the received application the Central Election Commission
of the Russian Federation shall, within 24 hours, annul registration of the
registered candidate who submitted such an application.
3. Subject to a
decision of the body which nominated a candidate, registered candidate an
electoral association, electoral bloc may, at any time but not later than five
days prior to voting day, recall the candidate, registered candidate by
submitting a written application to the Central Election Commission of the
Russian Federation. The said application shall be irrevocable. If a registered
candidate has been recalled, the Central Election Commission of the Russian
Federation shall annul registration of the candidate and shall collect from the
electoral association, electoral bloc the federal budget funds received by the
registered candidate.
4. Having taken
a decision to annul registration of a candidate the Central Election Commission
of the Russian Federation shall promptly serve an appropriate notice on the
person in respect of whom the decision was taken and shall issue a copy of the
decision to this person.
5. The Central
Election Commission of the Russian Federation shall declare a candidate, registered
candidate withdrawn from the election if he/she dies, pronounced dead or if a
candidate, registered candidate is no longer eligible for election to the
office of President of the Russian Federation.
6. If there
remain less than two registered candidates by voting day, the Central Election
Commission of the Russian Federation shall postpone the election of the
President of the Russian Federation by not more than 90 days for additional
nomination of candidates and performance of subsequent electoral actions.
7. If the
circumstances indicated in Clause 6 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 4 Article 80 of this Federal Law, all expenses
incurred by the Central Election Commission of the Russian Federation in the
preparation and conduct of the election shall be collected from this registered
candidate, electoral association, electoral bloc, respectively. If the
obligation to compensate for these expenses is imposed on an electoral bloc,
the amounts required for compensation shall be equally divided between the
electoral associations comprised in the given bloc as of the date on which the
relevant decision was taken by the electoral bloc, unless another method of
division is envisaged in the agreement on the establishment of this electoral
bloc submitted to the Central Election Commission of the Russian Federation.
8. In this
Federal Law the reasons compelling a registered candidate to withdraw his/her
candidature or an electoral association, electoral bloc to recall a registered
candidate mean certified incapacitation, serious illness, persistent health
problems of a registered candidate or his close relatives.
Chapter VII.
ELECTION CAMPAIGNING
Article
44. Election Campaigning and Its Forms
1. Election
campaigning may be conducted:
(a) on the
channels of TV and radio broadcasting organizations and in periodicals;
(b) by
organizing public events (gatherings and meetings with citizens, rallies,
marches, demonstrations, public debates and discussions);
(c) by issuing
and distributing printed, audio-visual and other propaganda materials;
(d) in other
forms which are not prohibited by law.
2. Election
campaigning on the channels of TV and radio broadcasting organizations and in
periodicals shall be conducted in the form of public debates, discussions,
"roundtables", press conferences, interviews, speeches, political
advertising, demonstration of TV features and video films about a registered
candidate and in other forms which are not prohibited by law. Registered candidates
shall be entitled to select the form and nature of their election campaigning
at their own discretion. Payment for election campaigning on the channels of TV
and radio broadcasting organizations and in periodicals shall be made from the
electoral funds of registered candidates, save the cases when air time and
space in periodicals are provided to registered candidates free of charge in a
procedure established by Articles 48 – 50 of this Federal Law.
3. Election
campaigning shall not be conducted and any kind of election propaganda
materials shall not be produced and distributed by:
(a) federal
bodies of state power, bodies of state power of the Subjects of the Russian
Federation, other state bodies, bodies of local self-government;
(b) persons
holding government and municipal offices, government and municipal employees,
servicemen - when they are discharging their official duties or if they are to
use their official position or status for the purpose;
(c) military
units, military establishments and organizations;
(d) charity
organizations, religious associations and the organizations founded by them;
(e) election
commissions, voting members of election commissions.
Article
45. Election Campaigning Period
1. Election
campaigning shall start from the day of a candidate's registration, save as
established otherwise by this Federal Law, and shall end at 00.00 hours, local
time, one day prior to voting day.
2. All kinds of
election campaigning shall be prohibited from the day on which the decision to
call (hold) the election of the President of the Russian Federation was
published to the day of a candidate's registration and also on voting day and a
day before.
3. Printed
election propaganda materials (leaflets, posters, etc.) which were earlier
displayed in places other than the buildings and premises of election
commissions in compliance with the rules established by the federal law shall
remain in place on voting day.
4. In the event
of the repeat voting election campaigning shall start from the day on which the
Central Election Commission of the Russian Federation appoints the day of the
repeat voting and shall end at 00.00 hours, local time, a day before the day of
the repeat voting.
Article
46. Public Opinion Polls
1. When
publishing (making public) the results of public opinion polls related to the
election of the President of the Russian Federation the mass media shall
indicate the organization which conducted the poll, the time when it was
conducted, the number of respondents (sample), the method for the collection of
information, the precise formulation of the question, the statistical
assessment of a possible error.
2. After the
last day of registration of candidates the organizations which conduct opinion
polls in connection with the election of the President of the Russian
Federation with a view of publishing their results in the mass media and the
organizations which publish the results of such opinion polls and forecasts
concerning the election results shall furnish copies of these publications to
the Central Election Commission of the Russian Federation for the formation of
a data bank from which information shall be available for examination or
copying to persons indicated in Clause 1 Article 21 of this Federal Law and to
foreign (international) observers on their request.
3. During three
days prior to voting day and on voting day the mass media shall not publish any
information about the results of public opinion polls, any forecasts concerning
the results of the election of the President of the Russian Federation, any
other studies related to the election.
Article
47. TV and Radio Broadcasting Organizations and Periodicals Which Are Used by
Registered Candidates for Election Campaigning
1. Registered
candidates may use the services of the following TV and radio broadcasting
organizations and editorial offices of periodicals for election campaigning in
the election of the President of the Russian Federation:
(a) all-Russian
state-run TV and radio broadcasting organizations, i.e. TV and radio
broadcasting organizations with a stable reception zone extending to a half or
more than a half of the Subjects of the Russian Federation, which are founded
(co-founded) by state bodies, organizations, institutions and/or which, in the
year preceding the day of official publication of the decision to call (hold)
the election, were financed by not less than 15 percent of their budget from
the funds allocated by federal bodies of state power, bodies of state power of
the Subjects of the Russian Federation;
(b) regional
state-run TV and radio broadcasting organizations, i.e. TV and radio
broadcasting organizations with a stable reception zone extending to less than
a half of the Subjects of the Russian Federation, which are founded
(co-founded) by state bodies, organizations, institutions and/or which, in the
year preceding the day of official publication of the decision to call (hold)
the election, were financed by not less than 15 percent of their budget from
the funds allocated by federal bodies of state power, bodies of state power of
the Subjects of the Russian Federation, as well as the corresponding divisions
of the TV and radio broadcasting organizations indicated in Sub-clause "a"
of this Clause;
(c) editorial
offices of all-Russian state-run periodicals, i.e. editorial offices of
periodicals distributed in the territory of a half or more than a half of the
Subjects of the Russian Federation, which are founded (co-founded) by state bodies,
organizations, institutions and/or which, in the year preceding the day of
official publication of the decision to call (hold) the election, were financed
by not less than 15 percent of their budget from the funds allocated by federal
bodies of state power, bodies of state power of the Subjects of the Russian
Federation, save the editorial offices of periodicals indicated in Sub-clause 2
of this Clause;
(d) editorial
offices of regional state-run periodicals, i.e. editorial offices of
periodicals distributed in the territory of less than a half of the Subjects of
the Russian Federation, if these editorial offices or these periodicals are
founded (co-founded) by state bodies, organizations, institutions and/or if, in
the year preceding the day of official publication of the decision to call
(hold) the election, these editorial offices of periodicals were financed by
not less than 15 percent of their budget from the funds allocated by federal
bodies of state power, bodies of state power of the Subjects of the Russian
Federation, save the editorial offices of periodicals indicated in Sub-clause 2
of this Clause;
(e) municipal
TV and radio broadcasting organizations and editorial offices of municipal
periodicals, i.e. TV and radio broadcasting organizations and editorial offices
of periodicals, if these organizations, periodicals or their editorial offices
are founded (co-founded) by bodies of local self-government and/or if, in the
year preceding the day of official publication of the decision to call (hold)
the election, these organizations, editorial offices were financed by not less
than 15 percent of their budget from the funds allocated by bodies of local
self-government, save the editorial offices of periodicals indicated in
Sub-clause 2 of this Clause;
(f) all-Russian
non-state-run TV and radio broadcasting organizations, i.e. the TV and radio
broadcasting organizations which do not come within Sub-clauses "a" -
"e" of the this Clause, whose zone of reliable reception extends to a
half or more than a half of the Subjects of the Russian Federation;
(g) regional
non-state-run TV and radio broadcasting organizations, i.e. the TV and radio
broadcasting organizations which do not come within Sub-clauses "a" -
"e" of the this Clause, whose zone of reliable reception extends to
less than a half of the Subjects of the Russian Federation;
(h) editorial
offices of all-Russian non-state-run periodicals, i.e. the editorial offices
which do not come within Sub-clauses "a" - "e" of this
Clause, with their periodicals distributed in the territory of a half or more
than a half of the Subjects of the Russian Federation;
(i) editorial
offices of regional non-state-run periodicals, i.e. the editorial offices which
do not come within Sub-clauses "a" - "e" of this Clause,
with their periodicals distributed in the territory of less than a half of the
Subjects of the Russian Federation;
(j) specialized
TV and radio broadcasting organizations and editorial offices of specialized
periodicals (cultural-educational, children's, technical, scientific, etc.).
2. The
editorial offices of periodicals founded by bodies of legislative
(representative) and judicial power and by bodies of local self-government
exclusively for the publication of their official documents and announcements,
statutory and other acts shall not publish any election propaganda materials
and editorials highlighting the activity of candidates, registered candidates,
electoral associations, electoral blocs, initiative groups of voters which
nominated candidates, registered candidates.
3. The list of
all-Russian state-run TV and radio broadcasting organizations and all-Russian
state-run periodicals shall be published by the Central Election Commission of
the Russian Federation on the basis of the information submitted by the
appropriate federal bodies of executive power which formulate and implement the
state policy in the field of the mass media, not later than the tenth day after
the day of official publication of the decision to call (hold) the election of
the President of the Russian Federation. The said list shall make a special
mention of the all-Russian state-run periodicals which come out less frequently
than once a week.
4. The list of
regional state-run TV and radio broadcasting organizations and regional
state-run periodicals shall be published by the election commissions of the
Subjects of the Russian Federation on the basis of the information submitted by
the appropriate territorial agencies of the federal bodies of executive power
which formulate and implement the state policy in the field of the mass media
and the bodies of executive power of the Subjects of the Russian Federation,
not later than the tenth day after the day of official publication of the
decision to call (hold) the election of the President of the Russian
Federation. The said list shall make a special mention of the regional
state-run periodicals which come out less frequently than once a week.
Article
48. General Conditions for Election Campaigning on the Channels of TV and Radio
Broadcasting Organizations and in Periodicals
1. Air time may
on the channels of TV and radio broadcasting organizations and space in
periodicals may be provided to registered candidates free (free air time, free
space) in a procedure set forth in this Article, Articles 49 and 50 of this
Federal Law or for a charge.
2. The state
and municipal TV and radio broadcasting organizations and editorial offices of
state and municipal periodicals shall guarantee registered candidates equal
terms and conditions for election campaigning, presentation of their election
programs to voters.
3.
Non-state-run TV and radio broadcasting organizations and editorial offices of
non-state-run periodicals may provide air time, space to registered candidates
for a charge. In the event of provision of air time and space the rates and
payment terms shall be the same for all registered candidates for whom air
time, space was provided.
4. A TV and
radio broadcasting organization, editorial office of a periodical shall publish
information about the rates (in Russian Federation currency) and terms of
payment for air time, space not later than 30 from the day of official
publication of the decision to call (hold) the election of the President of the
Russian Federation. This information along with a notice of readiness to
provide air time, space to registered candidates shall be presented: to the
Central Election Commission of the Russian Federation - by all-Russian TV and
radio broadcasting organizations and editorial offices of all-Russian
periodicals; to the election commission of the Subject of the Russian
Federation - by the regional and municipal TV and radio broadcasting
organizations and editorial offices of regional and municipal periodicals.
5. Election
campaigning on the channels of state and municipal TV and radio broadcasting
organizations shall be conducted on working days in the period which commences
30 days prior to voting day and ends one day prior to voting day, on working
days. Election campaigning in periodicals shall be conducted in the period
which commences 40 days prior to voting day and ends one day prior to voting
day.
6. In the event
of the repeat voting election campaigning on the channels of state and
municipal TV and radio broadcasting organizations and in state and municipal
periodicals shall be conducted on working days in the period which commences
two days after the repeat voting was declared and ends one day prior to voting
day.
7. Non-state
and municipal TV and radio broadcasting organizations, editorial offices of
periodicals and editorial offices of state-run periodicals which come out less
frequently than once a week may refuse to take part in any propaganda activity.
Specialized TV and radio broadcasting organizations and editorial offices of
specialized periodicals may refuse to take part in highlighting the election
campaign.. Such refusal shall be non-presentation to the appropriate election
commission of the notice indicated in Sub-clause 4 of this Clause.
8. TV and radio
broadcasting organizations and editorial offices of periodicals which provided
air time and space to registered candidates free or for a charge shall keep
separate records of the amount and cost of this air time and space according to
a form established by the Central Election Commission of the Russian
Federation. Five days prior to voting day and within five days after voting
day, the data of these records shall be presented by all-Russian TV and radio
broadcasting organizations and editorial offices of all-Russian periodicals to
the Central Election Commission of the Russian Federation, by regional and
municipal TV and radio broadcasting organizations and editorial offices of
regional and municipal periodicals to the election commission of the Subject of
the Russian Federation.
9. TV and radio
broadcasting organizations and editorial offices of periodicals - on the
request of the Central Election Commission of the Russian Federation, regional
and municipal TV and radio broadcasting organizations and editorial offices of
regional and municipal periodicals - also on the request of the election
commissions of the Subject of the Russian Federation shall present to these
commissions the documents confirming the consent of a registered candidate to
the provision of paid services and to payment therefor.
Article
49. Conditions for Election Campaigning on TV and Radio
1. Registered
candidates shall be entitled to provision of free air time on the channels of
state-run TV and radio broadcasting organizations on equal terms and conditions
(length of air time, timing and other terms and conditions).
2. Free air
time on the channels of state-run TV and radio broadcasting organizations shall
be made available on working days in the period indicated in Clause 5 Article
48 of this Federal Law or, if the number of registered candidates is less then
ten, in the period which commences 20 days prior to voting day and ends one day
prior to voting day.
3. In the event
of the repeat voting free air time shall be provided on the channels of
state-run TV and radio broadcasting organizations to two registered candidates
for whom the repeat voting is conducted, in the period indicated in Clause 6
Article 48 of this Federal Law.
4. Free air
time shall be provided in the broadcast periods viewed or listened to by the
greatest number of persons.
5. The total
amount of free air time to be made available for election campaigning by each
all-Russian state-run TV and radio broadcasting organization shall be not less
than one hour on working days in the period established in Clauses 5 or 6
Article 48 of this Federal Law. The total amount of free air time to be made
available for election campaigning by each regional state-run TV and radio
broadcasting organization shall be not less than 30 minutes on working days in
the same period and, if the total broadcasting time of a TV and broadcasting
organization is less than two hours a day, not less than one-fourth of the
total broadcasting time.
6. One half,
or, in the period indicated in Clause 6 of Article 48 of this Federal Law,
two-thirds of the total amount of free air time made available by the TV and
radio broadcasting organizations indicated in Clause 5 of this Article shall be
given to registered candidates for joint debates, "roundtables" and
other joint campaigning events of a similar kind. All registered candidates
shall be allowed to use this part of free air time on equal conditions.
7. A registered
candidate may refuse to take part in a joint propaganda event indicated in
Clause 6 of this Article not later than four days prior to the day on which
this event is to be aired. If after lot drawing indicated in Clause 8 of this
Article the refusal of a registered candidate (registered candidates) to
Participate in a joint propaganda event leave only one registered candidate
willing to take part in this propaganda event, free air time shall be provided
to this registered candidate on his/her request within the share obtained by
the division of the ait time set aside for the joint event by the number of
registered candidates who should have participated in this propaganda event.
The refusal of a registered candidate to participate in joint campaigning
events shall not entitle the candidate to receive a greater amount of free air
time to which the candidate is entitled in accordance with Clause 8 of this
Article.
8. In
accordance with the results of lot-drawing to be conducted within a week after
the end of registration of candidates or, in the event of the repeat voting,
not later than one day after the day on which the repeat voting was declared
the remaining part of free air time available from TV and radio broadcasting
organizations indicated in Clause 5 of this Article shall be divided in equal
parts between registered candidates who applied for participation in this
lot-drawing.
9. Not less
than three-fourths of free air time made available in accordance with Clause 8
of this Article shall be used by a registered candidate for his/her speeches,
press conferences, interviews.
10. Lot-drawing
to determine concrete dates and time for airing election propaganda materials
of registered candidates on the channels of all-Russian state-run TV and radio
broadcasting organizations shall be organized by the Central Election
Commission of the Russian Federation together with the representatives of TV
and radio broadcasting organizations. Lot-drawing to determine concrete dates
and time for airing election propaganda materials of registered candidates on
the channels of regional state-run TV and radio broadcasting organizations
shall be organized by the election commission of the Subject of the Russian
Federation together with the representatives of TV and radio broadcasting
organizations. The lot-drawing procedure may be witnessed by persons listed in
Clause 1 Article 21 of this Federal Law. The results of lot-drawing shall be
recorded in a protocol. The air time distribution schedule determined on the
basis of lot-drawing results shall be published in, respectively, all-Russian
and regional state-run periodicals.
11. The
expenses of TV and radio broadcasting organizations incidental to provision of
free air time to registered candidates shall be covered from current budgets of
these TV and radio broadcasting organizations.
12. State-run
TV and radio broadcasting organizations shall reserve air time to be used by
registered candidates for election campaigning on a paid basis. The rates and
the terms of payment shall be the same for all registered candidates. The total
amount of paid air time to be reserved by each state-run TV and radio
broadcasting organization shall not be less than the total amount of free air
time made to be 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 shall be entitled, for a charge, to use the reserved air
time within its share given by the division of the total amount of reserved air
time by the total number of registered candidates.
14. TV and
radio broadcasting organizations shall provide air time indicated in Clause 12
of this Article on working days in the period which commences 30 days prior to
voting day and ends one day prior to voting day, or, in the event of the repeat
voting, on working days in the period established by Clause 6 Article 48 of
this Federal Law. The date and time when election propaganda materials of
registered candidates are to be aired shall be determined by means of
lot-drawing to be arranged by a state-run TV and radio broadcasting
organization with the participation of interested persons on the basis of
written applications for participation in lot-drawing from registered
candidates. Lot-drawing shall be conducted in the period established by Clause
8 of this Article. The lot-drawing procedure may be witnessed by members of,
respectively, the Central Election Commission of the Russian Federation and the
election commission of the Subject of the Russian Federation as well as by the
persons indicated in Clause 1 Article 21 of this Federal Law. Air time shall be
provided on the basis of a contract to be concluded after lot-drawing.
15. Municipal
TV and radio broadcasting organizations which complied with the provisions of
Clause 4 Article 48 of this Federal Law shall provide air time to registered
candidates for election campaigning for a charge. The rates and terms of
payment shall be the same for all registered candidates. A municipal TV and radio
broadcasting organization shall determine at its own discretion the total
amount of air time to be made available to registered candidates. The date and
time when election propaganda materials of each registered candidate are to be
aired shall be determined by means of lot-drawing to be arranged by the TV and
radio broadcasting organization with the participation of interested persons on
the basis of written applications for participation in lot-drawing from
registered candidates. Lot-drawing shall be conducted within the period
established by Clause 8 of this Article. Air time shall be provided on the
basis of a contract to be concluded after lot-drawing.
16. If, after
lot-drawing, a registered candidate refuses to use air time, the candidate
shall inform the appropriate TV and radio broadcasting organization to this
effect not later than two days before the airing time and the TV and radio
broadcasting organization may use the released air time at its discretion for
purposes other than election campaigning.
17.
Non-state-run TV and radio broadcasting organizations which complied with the
provisions of Clause 4 Article 48 of this Federal Law shall provide air time to
registered candidates on the equal terms and conditions. Non-state-run TV and
radio broadcasting organizations which fail to meet this requirement and the
provisions of Clause 4 Article 48 of this Federal Law shall not be allowed to
provide air time to registered candidates for election campaigning purposes.
18. Paid air
time on the channels of TV and radio broadcasting organizations shall be
provided on the basis of a contract to be concluded between the TV and radio
broadcasting organizations and the registered candidate.
19. The
contracts for the provision of paid air time shall indicate the following: the
type (form) of election campaigning; the airing date and time; the length of
air time to be provided; the rates and terms of payment; the form and
conditions of participation of a journalist (moderator) in the TV or radio
program. After the terms of the contract have been carried out a work
performance protocol shall be drawn up along with a certificate of the used air
time which shall confirm the performance of contractual obligations and
indicate the broadcasting channel, the name of the program and its airing time.
20. A payment
order to a branch of the Savings Bank of the Russian Federation instructing the
bank to remit the full amount of the payment for the air time shall be
presented by a registered candidate not later than two days prior to the day on
which air time is to be provided or, in the event of the repeat voting, before
the provision of air time. If this requirement is not met, provision of air
time on the channels of TV and radio broadcasting organizations shall not be
allowed. The branch of the Savings Bank of the Russian Federation shall remit
the money not later than the next banking day upon receipt of the payment
order. The time for processing non-cash remittances shall not exceed two
banking days within a Subject of the Russian Federation or five banking days
within the Russian Federation.
21. Payment for
air time shall be made only from the electoral fund of a registered candidate.
22. If, while
using paid air time, a registered candidate violated the terms and conditions
established by this Federal Law, the TV and radio broadcasting organization may
apply to a court for cancellation of the contract for the provision of air
time. If the contract is cancelled, the TV and radio broadcasting organization
shall not use the released air time for election campaigning purposes.
23.
Transmission of election propaganda materials of a registered candidate shall
not be interrupted, in particular, by commercials advertising goods and
services.
24.
Transmission of election propaganda materials of registered candidates on the
channels of all-Russian state-run TV and radio broadcasting organizations shall
not be interrupted for transmission of other TV and radio programs, other
election propaganda materials.
25. In TV and
radio news programs reports concerning election campaigning events organized by
candidates, registered candidates and their agents, electoral associations,
electoral blocs and initiative groups of voters shall be always presented in
the form of separate items, as a rule in the beginning of such programs, and
without any comments. Such news items shall not be paid for by candidates,
registered candidates and their agents, electoral associations, electoral
blocs, initiative groups of voters. They shall not give preference to any
candidate, registered candidate, particularly, as regards the time devoted to
highlighting their election campaigning activities.
26. TV and
radio programs containing election propaganda, other election propaganda
materials distributed by TV and radio broadcasting organizations shall be aired
with simultaneous video and audio recording of the program. These recordings
shall be kept by the given TV and radio broadcasting organization for 12 months
from the day on which the corresponding programs were aired. TV and radio
broadcasting organizations shall keep records concerning provision of free and
paid air time indicated in Clause 8 Article 48 of this Federal Law for five
years after voting day.
Article
50. Conditions for Election Campaigning Through Periodicals
1. Registered
candidates shall be entitled to provision of free space in all-Russian
state-run periodicals which come out at least once a week, the said printing
space to be provided to them on equal terms and conditions (size of the space
to be provided, place on the page, type, and other terms and conditions).
2. Editorial
offices of all-Russian state-run periodicals shall provide free space within
the period indicated in Clause 5 Article 48 of this Federal Law.
3. In the event
of the repeat voting editorial offices of all-Russian state-run periodicals
shall provide free space to two registered candidates for whom the repeat
voting is conducted in the period indicated in Clause 6 Article 48 of this
Federal Law.
4. The total
weekly minimum amount of free space which each editorial office of an
all-Russian state-run periodical is to provide to registered candidates shall
account for not less than 5 percent of the total weekly volume of the given
periodical in the period established by Clause 5 or 6 Article 48 of this
Federal Law. The total amount of space which such periodicals are to provide
free of charge for election campaigning purposes within the said period shall
be declared by editorial offices of the periodicals not later than 20 days
after official publication of the decision to call (hold) the election.
5. The total
amount of free space declared by the editorial office of a state-run periodical
shall be distributed by lot in equal portions between registered candidates who
applied for participation in lot-drawing to be arranged within a week after the
end of registration of candidates.
6. Lot-drawing
to determine the dates for free publication of election propaganda materials of
registered candidates shall be organized by the editorial office of an
all-Russian state-run periodical with the participation of interested persons.
The lot-drawing procedure may be witnessed by members of, respectively, the
Central Election Commission of the Russian Federation and the election
commission of the Subject of the Russian Federation as well as by the persons
listed in Clause 1 Article 21 of this Federal Law. The results of lot-drawing
shall be recorded in a protocol.
7. The expenses
of editorial offices of all-Russian state-run periodicals incidental to the
provision of free space to registered candidates for election campaigning
purposes shall be covered from current budget financing of these editorial
offices.
8. Editorial
offices of the all-Russian state-run periodicals and regional state-run
periodicals which come out at least once a shall reserve space for publication
of election propaganda materials of registered candidates on a paid basis. The
rates and terms of payment shall be the same for all registered candidates. The
total amount of paid space to be reserved by editorial offices of an
all-Russian periodical shall not be less than the total amount of free space to
be made available in accordance with Clause 4 of this Article but shall not
exceed this amount by more than two times. The total weekly minimum space to be
reserved by each regional state-run periodical for provision to registered
candidates shall account for not less than 5 percent of the total weekly space
of the given periodical in the period established, respectively, by Clause 5 or
Clause 6 of Article 48 of this Federal Law.
9. Each
registered candidate shall be entitled, for a charge, to use the reserved space
within its share given by the division of the total amount of reserved space by
the total number of registered candidates.
10. The space
indicated in Clause 9 of this Article shall be made available by the editorial
office of a state-run periodical coming out at least once a week within the
period indicated in Clause 5 or 6 Article 48 of this Federal Law. The date for
the publication of election propaganda materials shall be determined by means
of lot-drawing to be organized 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.
Law-drawing shall be conducted within the period established by Clause 5 of
this Article. The lot-drawing procedure may be witnessed by members of,
respectively, the Central Election Commission of the Russian Federation and the
election commission of the Subject of the Russian Federation as well as by
persons listed in Clause 1 Article 21 of this Federal Law. The results of
lot-drawing shall be recorded in a protocol. Space shall be provided on the
basis of a contract concluded after lot-drawing.
11. Editorial
offices of municipal periodicals as well as editorial offices of state-run
periodicals coming out less frequently than once a week, which complied with
the provisions of Clause 4 Article 48 of this Federal Law, shall provide space
to registered candidates for a charge. The rates and terms of payment shall be
the same for all registered candidates. The total amount of space to be
provided to registered candidates in the said periodicals shall be determined
by their editorial offices at their own discretion. The date of publication of
election propaganda materials of each registered candidate shall be determined
by means of lot-drawing to be organized by the editorial offices of the said
periodicals with the participation of interested persons on the basis of
written applications for participation in lot-drawing to be submitted by
registered candidates. Lot-drawing shall be conducted within the period
established by Clause 5 of this Article. Space shall be provided on the basis
of a contract to be concluded after lot-drawing.
12. If a
registered candidate refuses to use space in a periodical after lot-drawing,
he/she shall inform the editorial office of the given periodical to this effect
not later than five days before the date of publication and the editorial
office may use the released space at its discretion for purposes other than
election campaigning.
13. Editorial
offices of non-state-run periodicals which complied with the provisions of
Clause 4 Article 48 of this Federal Law shall provide space to registered
candidates on the equal payment terms and they may refuse to provide space to
registered candidates.. Editorial offices of non-state-run periodicals which
failed to meet these requirements and to comply with the provisions of Clause 4
Article 48 of this Federal :Law shall not be allowed to provide space to
registered candidates for election campaigning purposes.
14. Paid space
shall be provided on the basis of a contract to be concluded between the
editorial office of a periodical and a registered candidate.
15. A payment
order to a branch of the Savings Bank of the Russian Federation instructing the
bank to remit the full amount of the payment for the space in a periodical
shall be presented by a registered candidate not later than two days prior to
the day of publication or, in the event of the repeat voting, not later than
one day prior to the day of publication. If this requirement is not met,
provision of the space shall not be allowed. The branch of the Savings Bank of
the Russian Federation shall remit the money not later than the next banking
day upon receipt of the payment order. The time for processing non-cash
remittances shall not exceed two banking days within a Subject of the Russian
Federation or five banking days within the Russian Federation.
16. Payment for
space in periodicals shall be made only from the electoral fund of a registered
candidate.
17. Election
propaganda materials published in accordance with this Article shall not be
accompanied by editorial comments in any form, by headings and illustrations
which have not been agreed with the registered candidate.
18. The
requirement that space in periodicals be made available on the equal terms of
payment shall not apply to editorial offices of periodicals, if the editorial
office and/or the periodical is founded by a registered candidate (registered
candidates), an electoral association, electoral bloc which nominated a
registered candidate and the periodical is a non-state one.
19. All
materials published by periodicals with their publication paid for from the
electoral fund of a candidate, registered candidate shall indicate the candidate,
registered candidate from whose electoral fund the given publication has been
paid for. If the election propaganda 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 shall name the
registered candidate who has been given the possibility to publish these
materials.
20. Editorial
offices of periodicals shall keep records of the provision of free and paid
space as indicated in Clause 8 Article 48 of this Federal Law for five years
after voting day.
Article
51. Conditions for Election Campaigning by Means of Public Events
1. State bodies
and bodies of local self-government shall render assistance to registered
candidates, their agents in the organization and holding of election
gatherings, meetings of registered candidates and their agents with voters,
public debates and discussions, rallies, demonstrations and marches.
2. Applications
for the provision of premises to hold meetings of registered candidates, their
agents with voters shall be considered by state bodies and bodies of local
self-government within three days from the day of the submission thereof.
Notifications of organizers of rallies, demonstrations and marches shall be
considered by bodies of local self-government in accordance with Russian
Federation laws.
3. On the basis
of requests from election commissions, premises which may be used for
election-related public events and are state- or municipality-owned shall be
made available by their owners, possessors to registered candidates, their
agents, free of charge, for the time to be established by the election
commission, to hold meetings with voters. If such premises or premises owned by
an organization which has a state and/or municipal share in its charter
(authorized) capital exceeding 30 percent thereof as of the day of official
publication of the decision to call (hold) the election were made available for
election-related public events to one of registered candidates or his/her
agent, the owner, possessor of the premises shall not refuse to provide the
premises to another registered candidate or his/her agent on the same terms and
conditions. Election commissions shall ensure equal conditions for registered candidates
when election-related public events are to be organized.
4. Registered
candidates shall be entitled to rent, on a contractual basis, buildings and
premises belonging to citizens and organizations, regardless of the form of
ownership of the said buildings and premises, to hold gatherings, meetings with
voters, rallies, public debates and other election-related public events.
5. No election
campaigning shall be allowed in the territory of military units, in military
organizations and institutions. Meetings of registered candidates, their agents
with voters - servicemen shall be organized outside the territory of the
military unit by the commanding officer of the military unit together with the
election commission of the Subject of the Russian Federation, with all
registered candidates or their agents to be notified of the time and place of
the meeting not later than three days prior to the meeting.
6. Security at
election-related public events shall be ensured by the state bodies in
accordance with Russian Federation laws.
Article
52. Conditions for Production and Distribution of Printed, Audio-Visual and
Other Election Propaganda Materials
1. Registered
candidates shall be free to issue printed, audio-visual and other election
propaganda materials in a procedure established by Russian Federation laws.
2. All printed,
audio-visual and other election propaganda materials, save the materials
distributed pursuant to Articles 49 and 50 of this Federal Law, shall indicate
the names and legal addresses of the organizations (the first, middle and last
name and the place of residence of the person) that produced these materials,
the name of the organization (the first, middle and last name of the person)
that placed an order for the production of the given materials and information
about the number of copies made and the date of issue.
3. Prior to
distribution of printed, audio-visual and other election propaganda materials a
registered candidate shall submit these materials or their copies to the
Central Election Commission of the Russian Federation or the election
commission of the Subject of the Russian Federation. 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 if they
have not been paid for from the electoral fund of a registered candidate.
4. Election
propaganda materials shall not contain any advertising other than political
advertising.
5. Distribution
of election propaganda materials in violation of the requirements set forth in
Clauses 2, 3 and 4 of this Article shall not be allowed.
6. Not later
than 30 days prior to voting day, on the recommendation of the election
commission of the Subject of the Russian Federation or a territorial election
commission bodies of local self-government shall designate and equip special
places for displaying printed election propaganda materials within the
territory of each electoral precinct. Such places shall be located where they
can be conveniently visited by voters and shall be arranged so that voters
could read the displayed information. Registered candidates shall be allocated
equal areas for displaying their printed election propaganda materials.
Registered candidates, their agents may receive a list of places designated for
the display of printed election propaganda materials from the appropriate
territorial election commission.
7. Unless
provided otherwise by Clause 6 of this Article printed election propaganda
materials may be displayed (posted, placed) indoors, on buildings, structures
or other objects only with the consent of the owner, possessor of the said
objects. Display of election propaganda materials on an object which is a state
or municipal property or which is owned by an organization which has a state
and/or municipal share in its charter (authorized) capital exceeding 30 percent
thereof as of the day of official publication of the decision to call (hold)
the election of the President of the Russian Federation shall be allowed on
equal terms for all registered candidates. No fee shall be charged for the
display of election propaganda materials on objects which are a state or
municipal property.
8. 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 (hold) the election of the President of the Russian Federation
from the funds allocated by federal bodies of state power, bodies of state
power of the Subjects of the Russian Federation, bodies of local
self-government shall provide equal terms and conditions for registered
candidates with regard to the placement of their election propaganda materials.
9. Printed
election propaganda materials shall not be put up (posted, arranged) on
monuments, obelisks, buildings, structures and premises of historic, cultural
or architectural value, inside the premises of election commissions and polling
stations or at the entrance thereto.
10. The
election commission which was informed about distribution of false printed,
audio-visual and other election propaganda materials or about distribution of
election propaganda materials in violation of the provisions of Clauses 2 - 4,
7 and 9 of this Article shall take appropriate measures to stop these
activities and may request appropriate law enforcement and other bodies to put
an end to unlawful election campaigning activities and seize unlawful election
propaganda materials.
Article
53. Inadmissibility of Misuse of the Right to Election Campaigning
1. Misuse of
the freedom of mass information in election campaigning shall not be allowed.
Election programs of registered candidates, election propaganda materials and
speeches at gatherings and rallies, articles in the mass media shall not
contain calls for the violent seizure of power, violent change of the
constitutional system and breaking of the integrity of the Russian Federation,
warmongering propaganda. Propaganda exciting social, racial, national,
religious hatred or enmity, misuse of the freedom of mass information in other
forms banned by the laws of the Russian Federation shall be prohibited.
Propaganda in violation of Russian Federation laws on intellectual property
shall be prohibited.
2. Candidates,
registered candidates and their authorized representatives for financial
matters and agents, electoral associations, electoral blocs, initiative groups
of voters, their authorized representatives and other persons and organizations
directly or indirectly involved in election campaigning shall not bribe voters:
they shall not give voters money, gifts and other things otherwise than for the
performance of organizational work (attendance at polling stations, collection
of voter signatures, propaganda activities), remunerate voters who carried out
the said organizational work depending on the results of the voting or promise
such remuneration; sell goods at reduced prices; distribute free any goods
other than printed materials (including illustrated materials) and badges
specially produced for the election campaign and paid for from the electoral
fund of a candidate, registered candidate; render services free of charge or at
reduced rates. In the course of election campaigning registered candidates and
their authorized representatives for financial matters and agents, electoral
associations, electoral blocs, initiative groups of voters and their authorized
representatives, other persons and organizations shall not influence voters by
promising them money, securities, other material benefits (in particular,
depending on the voting results) and by rendering services otherwise than on
the basis of decisions of bodies of state power and bodies of local
self-government taken in accordance with federal laws.
3. During the
election campaign the business and other activities of candidates, registered
candidates and their authorized representatives for financial matters and
agents, electoral associations, electoral blocs and authorized representatives
of electoral associations, electoral blocs, initiative groups of voters and the
organizations whose founders, owners, possessors are and/or whose governing or
supervisory bodies include the said persons and organizations may be advertised
only in the period when election campaigning is allows and only for the account
of the appropriate electoral fund of the candidate, registered candidate in
compliance with the requirements established by Clause 17 Article 49, Clauses
13 and 19 Article 50 of this Federal Law. Such advertising shall not be allowed
on voting day and the day preceding voting day.
4. When
highlighting the election campaign TV and radio programs on the channels of TV
and radio broadcasting organizations and editorial offices of periodicals shall
not make public (publish) information that may damage the honor, dignity or
business reputation of a registered candidate (registered candidates), if these
TV and radio programs and editorial offices of periodicals cannot, free of
charge, offer the registered candidate (registered candidates) a possibility to
make public (publish) a denial or some other explanation in defense of his/her
(their) honor, dignity or business reputation before the end of the election
campaigning period. In such cases, air time shall be provided at the same time
of the day and in the same program as for the said information and shall not be
less than the time taken by an announcer to read one page of a typewritten
text. When space is to be provided in a periodical, the denial or some other
explanation shall be printed in the same type and in the same place on the
page. It shall not be allowed to require that the denial or some other
explanation should occupy less than one page of a typewritten text. The failure
to offer a possibility for a registered candidate (registered candidates) to
make public (publish), before the end of the election campaigning period, a
denial or other explanations in defense of his/her (their) honor, dignity or
business reputation in TV and radio programs on the channels of TV and radio
broadcasting organizations and in periodicals which made public (published) the
information that may damage the honor, dignity or business reputation of a
registered candidate (registered candidates) may serve as a reason for bringing
to responsibility these TV and radio broadcasting organizations, editorial
offices of periodicals and their officials as provided by Russian Federation
laws. The rules laid down by this clause shall not apply to editorial offices
of periodicals indicated in Clause 18 Article 50 of this Federal Law.
5. If a
registered candidate breaches Clause 1 of this Article, the Central Election
Commission of the Russian Federation shall, and other bodies, organizations and
citizens specified in Clause 1 Article 79 of this Federal Law may, apply to the
Supreme Court of the Russian Federation for withdrawal of the candidate's
registration. The Supreme Court of the Russian Federation shall consider this
application within three days or, three days prior to election day,
immediately. If a registered candidate violates other election campaigning
rules laid down by this Federal Law, the Central Election Commission of the
Russian Federation shall, by its decision, issue a warning to this registered
candidate or shall request appropriate law-enforcement and other bodies to put
an end to the unlawful propaganda activities and, in this case, the Central
Election Commission of the Russian Federation may also annul registration of
the candidate. This decision of the Central Election Commission of the Russian
Federation shall be passed on to the mass media.
6. If a TV and
radio broadcasting organization, an editorial office of a periodical violates
the election campaigning rules laid down by this Federal Law, the Central Election
Commission of the Russian Federation or the election commission of the Subject
of the Russian Federation may apply to law enforcement bodies, courts,
executive bodies of state power which implement the state policy in the field
of mass media and request them to put an end to the unlawful propaganda
activities and bring the TV and radio broadcasting organization, editorial
office of a periodical, their officials to responsibility as provided by
Russian Federation laws.
7. Law
enforcement and other bodies shall take measures to put an end to unlawful
propaganda activities, prevent production of and seize counterfeit and unlawful
printed, audio-visual and other propaganda materials, identify the producers of
such materials and the sources of payment therefor and promptly inform,
respectively, the Central Election Commission of the Russian Federation, the
election commission of the Subject of the Russian Federation about the facts
established and measures taken.
Chapter VIII.
FUNDING OF THE ELECTION
Article
54. Funding of the Preparation and Conduct of the Election of the President of
the
1. Expenditures
for the preparation and conduct of the election of the President of the Russian
Federation and for funding the operation of election commissions during the
term of their powers shall be financed from the federal budget. These
expenditures shall be included in the federal budget in accordance with the
budget classification of the Russian Federation.
2. The funds
allocated from the federal budget for the preparation and conduct of the
election of the President of the Russian Federation shall be placed at the
disposal of the Central Election Commission of the Russian Federation within
ten days of the date on which the decision to call (hold) the election was
officially published.
3. In the event
of early or repeat elections of the President of the Russian Federation the
amount of funds allocated from the federal budget for the preparation and
conduct of the election shall not be less than the sum contained in the report
of the Central Election Commission of the Russian Federation on the expenditure
of funds for the preparation and conduct of the previous election of the
President of the Russian Federation (with due account for the change in the
minimum monthly wage established by the federal law as of the day on which the
decision to call (hold) the previous election of the President of the Russian
Federation was officially published).
4. If
insufficient funds have been allocated from the federal budget to finance the
election of the President of the Russian Federation, including an early and
repeat election, and if the funds allocated from the federal budget have not
been transferred in due time or in full, the Central Election Commission of the
Russian Federation shall be entitled to obtain credits from banks on a
competitive basis. In this case, the total allowable amount of funds for the
preparation and conduct of the election shall not exceed the sum contained in
the report of the Central Election Commission on the expenditure of funds for
the preparation and conduct of the previous election of the President of the
Russian Federation (with due account for the change in the minimum monthly wage
established by the federal law as of the day on which the decision to call
(hold) the previous election of the President of the Russian Federation was
officially published). Within ten days upon receipt of an appropriate request
from the Central Election Commission of the Russian Federation the Government
of the Russian Federation shall issue a state guarantee to back the obligation
to repay the credits and pay interest thereon. The received credits and
interest thereon shall be repaid from the federal budget. Allocations for
meeting this debt obligation shall be approved as a special expenditure item by
the federal budget law for the coming fiscal year. The repeat voting in the
election of the President of the Russian Federation may be funded in a similar
manner, if the funds initially allocated for the election have been used up.
5. Not later
than 90 days prior to voting day, the Central Election Commission of the
Russian Federation shall remit the funds for the conduct of the election of the
President of the Russian Federation to the election commissions of the Subjects
of the Russian Federation, which shall distribute the received funds and remit
them to territorial election commissions not later than 40 days prior to voting
day. In the event of early or repeat elections and if the election has not been
not funded in due time or in full, the election commissions shall distribute
and remit funds as they come in.
6. The funds
allocated for the preparation and conduct of the election of the President of
the Russian Federation shall be managed by the chairmen of election commissions
who shall be responsible for the compliance of the financial documents with the
decisions taken by the election commissions on financial matters and shall ensure
that the financial reports regarding the expenditure of the said funds are
submitted as and when established by this Federal Law.
7. After the
end of the election of the President of the Russian Federation the federal
budget funds which were not spent by election commissions shall remain in the
accounts of the election commissions acting on a permanent basis (save
permanent territorial election commissions) to be used for the purposes
provided by this Federal Law.
8. The unspent
credits shall be returned by the Central Election Commission of the Russian
Federation to the bank from which they were obtained, not later than three
months from the day on which the general results of the election of the
President of the Russian Federation were officially published.
Article
55. Electoral Funds of Candidates, Registered Candidates
1. A candidate
shall be obliged to establish his/her own electoral fund.
2. A candidate
shall appoint authorized representatives for financial matters. An authorized
representative for financial matters of a candidate, registered candidate shall
act on the basis of a notarized power of attorney issued by the candidate,
registered candidate. The power of attorney shall indicate the first, middle
and last name, date of birth, series, number and date of issuance of the
passport or an equivalent identity paper, address of the place of residence,
main place of work or service (occupation if there is no main place of work),
powers of the authorized representative for financial matters (opening of a
special electoral account, management of monetary resources of the electoral
fund, recording of monetary resources of the electoral fund, checking of their
expenditure and receipt, and other powers, including the authority to sign
payment documents) and shall show a sample of the seal for financial documents.
3. An
authorized representative for financial matters of a candidate, registered
candidate shall be registered by the Central Election Commission of the Russian
Federation on the basis of an application from a candidate, registered
candidate, a power of attorney indicated in Clause 2 of this Article upon
production by the authorized representative for financial matters of a
candidate, registered candidate of a passport or an equivalent identity paper.
The term of powers of an authorized representative for financial matters of a
candidate, registered candidate shall commence from the day on which the
authorized representative was registered by the Central Election Commission of
the Russian Federation and expire 60 days after voting day or, if court
proceedings which involve the given candidate, registered candidate are being
conducted, after a final decision was handed down.
4. A candidate,
registered candidate may, at any time, terminate the powers of his/her
representative for financial matters by serving a notice to this effect on the
representative and submitting a copy of the relevant decision to the Central
Election Commission of the Russian Federation and to the authorized branch of
the Savings Bank of the Russian Federation.
5. Electoral
funds of candidates, registered candidates may be formed only by the use of the
following financial resources:
(a) a
candidate's, registered candidate's own money in the amount that shall not
exceed the minimum monthly wage established by the federal law as of the date
on which the decision to call (hold) the election of the President of the
Russian Federation was officially published by more than two thousand times and
for a candidate, registered candidate for whom the repeat voting was declared
by more than three thousand times;
(b) amounts
allocated to a candidate, registered candidate by the electoral association
which nominated him/her, electoral associations of the electoral bloc which
nominated him/her, the sum total of which shall not exceed by more than 200
thousand times the minimum monthly wage established by the federal law as of
the date on which the decision to call (hold) the election of the President of
the Russian Federation was officially published;
(c) voluntary
donations of individuals and legal entities in the amount that shall not exceed
by more than 400 times for each individual and 40 thousand times for each legal
entity the minimum monthly wage established by the federal law as of the date
on which the decision to call (hold) the election of the President of the
Russian Federation was officially published;
(d) money
allocated to a registered candidate by the Central Election Commission of the
Russian Federation not later than 40 days before voting day, the amount of the
money being the same as that allocated to other registered candidates, save as
provided otherwise in this Federal Law.
6. The maximum
total amount of expenditures of a candidate, registered candidate from his/her
electoral fund shall not exceed by more than 300 thousand times the minimum
monthly wage established by the federal law as of the date on which the
decision to call (hold) the election of the President of the Russian Federation
was officially published. The maximum total amount of expenditures of a
candidate, registered candidate for whom the repeat voting was declared shall
not exceed by more than 400 thousand times the minimum monthly wage established
by the federal law as of the date on which the decision to call (hold) the
election of the President of the Russian Federation was officially published.
7. No donations
to electoral funds of candidates, registered candidates shall be allowed from:
(a) foreign
states and foreign legal entities;
(b) foreign
nationals;
(c) stateless
persons;
(d) citizens of
the Russian Federation under 18 years of age;
(e) Russian
legal entities with foreign participation if the share of foreign capital
exceeds 30 per cent of their charter (authorized) capital as of the date on
which the decision to call (hold) the election of the President of the Russian
Federation was officially published;
(f)
international organizations and international public movements;
(g) bodies of
state power and bodies of local self-government;
(h) state and
municipal institutions and organizations;
(i) legal
entities with a state or municipal share in their charter (authorized) capital
exceeding 30 per cent thereof as of the date on which the decision to call
(hold) the election of the President of the Russian Federation was officially
published;
(j) military
units, military institutions and organizations and law enforcement bodies;
(k) charity
organizations and religious associations as well as organizations established
by them;
(l) anonymous
donors (for an individual person - without indication of any of the following
data: the first, middle and last name; the place of residence and date of
birth; for a legal entity - without indication of any of the following data:
the tax payer's identification number; the name; the date of registration; the
bank account; the note indicating the absence of a state or municipal share in
the charter (authorized) capital or the presence of such a share and its size;
the note indicating the absence of foreign participation in the charter
(authorized) capital or the presence of such participation and its share);
(m) legal
entities registered less than a year before voting day.
8. The
electoral funds shall be managed by candidates, registered candidates who have
formed the fund. The resources of electoral funds shall be purpose-oriented and
may be used only for:
(a) funding of
organizational and technical arrangements for the collection of signatures in
support of nomination of a candidate, including remuneration of persons engaged
for collection of voter signatures;
(b) election
campaigning and payment for information and consulting services;
(c) payment for
other services rendered by legal entities or citizens of the Russian Federation
and other expenses directly related to the conduct of the election campaign.
9. When making
payments for collection of voter signatures, election campaigning, various
election events a candidate, registered candidate shall not use any sums of
money other than those which have been contributed to his/her electoral fund.
In this case, a candidate, registered candidate may use only those sums which
were remitted by contributors to the special electoral account of his/her
electoral fund prior to voting day in a procedure established by this Federal
Law.
Article
56. Special Electoral Account
1. A candidate
shall be obliged to open a special electoral account of his/her electoral fund
after the Central Election Commission of the Russian Federation has registered
the authorized representatives of the electoral association, electoral bloc,
initiative voters’ group which nominated the candidate but not later than five
days before documents are submitted to the Central Election Commission of the
Russian Federation for registration of the candidate.
2. A special
electoral account for the formation of an electoral fund shall be opened with a
branch of the Savings Bank of the Russian Federation. A candidate may open only
one special electoral account. A branch of the Savings Bank of the Russian
Federation shall, without any delay, open a special electoral account for a
candidate upon presentation of documents required by and executed in accordance
with this Federal Law. The bank shall not charge any fee for opening and
servicing a special electoral account and shall not pay any interest on the
funds kept therein. All funds deposited in a special electoral account shall be
in the currency of the Russian Federation.
3. A candidate
shall open a special electoral account for the formation of an electoral fund
on the basis of a document to be issued by the Central Election Commission of
the Russian Federation after it has registered the authorized representatives
of the electoral association, electoral bloc, initiative voters’ group which
nominated the candidate, simultaneously with the registration of the
candidate's representative for financial matters.
4. After
his/her registration a candidate shall continue to maintain a special electoral
account to finance his/her election campaign, including election propaganda
activities.
5. A candidate,
registered candidate may, in an established procedure, allow his/her authorized
representative for financial matters to manage funds in the special electoral
account by giving notice to this effect to the Central Election Commission of
the Russian Federation. The responsibility for the violation of the election
campaign funding rules established by this Federal Law for a candidate,
registered candidate shall be borne personally by the candidate, registered
candidate.
6. All
financial operations involving payment of expenses from special electoral
accounts of registered candidates shall be discontinued on voting day.
Financial operations for the payment of expenses from special electoral
accounts of electoral funds of candidates, registered candidates who have not
submitted registration documents to the Central Election Commission of the
Russian Federation in a procedure established by this Federal Law or who have
been denied registration or have withdrawn the statement expressing the consent
to run or have withdrawn their candidatures or have been recalled by an
electoral association, electoral bloc or whose registration has been annulled
shall be discontinued by branches of the Savings Bank of the Russian Federation
on the instruction of the Central Election Commission of the Russian
Federation.
7. In the event
of the repeat voting financial operations involving payment of expenses from
special electoral accounts of registered candidates on whom the repeat voting
is to be held shall be resumed after the Central Election Commission of the
Russian Federation appoints the day of the repeat voting, and shall be discontinued
on the day of the repeat voting.
8. Based on an
application of a candidate, registered candidate the Central Election
Commission of the Russian Federation may extend the period for the performance
of the following financial operations:
(a) for a
candidate - payment for work (services, goods) performed (rendered, acquired)
prior to the date on which the candidate's registration was denied, the
candidate was recalled by the electoral association, electoral bloc, the
candidate withdrew his/her statement expressing the consent to run before the
deadline established by this Federal Law for submission of signature sheets and
other registration documents;
(b) for a
registered candidate who withdrew his/her candidature, who was recalled by the electoral
association, electoral bloc, whose registration was annulled - payment for work
(services, goods) performed (rendered, acquired) before the date of the
withdrawal of the candidature, recalling of the registered candidate, the
decision to annul registration;
(c) for other
registered candidates - payment for work (services, goods) performed (rendered,
acquired) before voting day.
Article
57. Voluntary Donations to the Electoral Fund of a Candidate, Registered
Candidate
1. Voluntary
donations to the electoral fund of a candidate. registered candidate shall be
made by citizens of the Russian Federation from their own funds and shall be
paid by them personally to post offices or credit institutions upon production
of a passport or an equivalent identity paper, with the payment order showing
the donor's first, middle and last name, date of birth and full address of the
place of residence.
2. Voluntary
donations of legal entities to the electoral fund of a candidate, registered
candidate shall be made by means of non-cash transfers to the corresponding
special electoral account, with the legal entity making a special note to
indicate the presence and size (in percent) or absence of a foreign, state or
municipal share in its charter (authorized) capital, its full name, date of
registration, tax payer's identification number, bank account.
3. Voluntary
donations of individuals and legal entities shall be remitted (credited) to the
special electoral account of a candidate, registered candidate by post offices
and credit institutions not later than the next banking day after receipt of
the payment order. A non-cash payment shall be processed in not more than two
banking days within a Subject of the Russian Federation and five days within
the Russian Federation.
4. A candidate,
registered candidate may return any donation, with the exception of anonymous
ones, to donors. If a voluntary donation was paid into the electoral fund of a
candidate, registered candidate by an individuals or a legal entity that are
not allowed to make such donations or in an amount exceeding that established
by Sub-clause "c" Clause 5 Article 55 of this Federal Law, the
candidate, registered candidate shall, within ten days after the donation was
received to the special electoral account, return it to the donor fully or in
an amount exceeding the established maximum limit of donations, minus postage,
indicating the reasons for the return. A candidate, registered candidate shall
not be held responsible for acceptance of donations whose donors falsified the
data required under Clauses 1 and 2 of this Article, if they were not informed
in due time of the inadmissibility of these donations.
5. Within ten
days after anonymous donations were received to the special electoral account a
candidate, registered candidate shall remit these donations to the federal
budget.
6. Individuals
and legal entities may financially support the activities conducive to
nomination and election of a candidate, registered candidate only through the
candidate’s electoral fund. No paid work shall be performed, goods sold, paid
services rendered, if they are directly or indirectly related to the election,
without documents confirming the consent of a candidate, registered candidate
or persons authorized by him/her to the performance of the work, sale of the
goods, provision of the services and to the payment therefor from the
candidate's electoral fund. Legal entities, their branches, representative
offices and other divisions shall not perform any work, render any services
directly or indirectly related to the election free of charge or at
unreasonably low (high) rates. Material support may be rendered to the
election-related activity of a candidate, registered candidate only if it is
paid for from the electoral funds of the given candidate, registered candidate.
During an election campaign an individual may perform work for and render
services to a candidate, registered candidate voluntarily, personally and free
of charge, without involvement of third persons.
Article
58. Reporting Requirements to Electoral Funds
1. The
procedure for opening and maintaining special electoral accounts, keeping
records and filing reports as well as the forms of reports of candidates,
registered candidates concerning the sums contributed to and spent from their
electoral funds shall be determined by the Central Election Commission of the
Russian Federation and agreed with the Central Bank of the Russian Federation.
Candidates, registered candidates shall keep records of the sums contributed to
and spent from their electoral funds.
2. Candidates,
registered candidates shall file financial reports with the Central Election
Commission of the Russian Federation within the following periods:
(a) the first
financial report - when the registration documents are submitted to the Central
Election Commission of the Russian Federation in a procedure established by
this Federal Law; the report shall be drawn up as of the date five days before
the date of the report;
(b) the second
financial report - not earlier than 20 days and not later than 10 days prior to
voting day; the report shall be drawn up as of the date seven days before the
date of the report;
(c) the final
financial report - not later than 30 days after the official publication of the
general results of the election of the President of the Russian Federation. The
final financial report shall be submitted together with the primary financial
documents confirming the sums contributed to and spent from the electoral fund
as well as the materials indicated in Clause 3 Article 52 of this Federal Law.
3. If a
candidate, registered candidate has lost his/her status, the obligation to
submit a financial report shall be imposed on a person who was a candidate,
registered candidate.
4. The Central
Election Commission of the Russian Federation shall pass copies of financial
reports of registered candidates to the mass media within five days upon their
receipt.
5. At least
once a week and, within a period of less than ten days prior to voting day, at
least once every three banking days, the branches of the Savings Bank of the
Russian Federation shall furnish to the Central Election Commission of the
Russian Federation the information concerning the sums credited to and
withdrawn from the special electoral accounts of candidates, registered
candidates according to a form established by the Central Election Commission
of the Russian Federation. In this case use may be made of the state automated
information system. Periodically, but at least once every two weeks up to
voting day, the Central Election Commission of the Russian Federation shall
furnish the information concerning sums contributed to and spent from the
electoral funds to the mass media for publication. The Central Election
Commission of the Russian Federation shall disclose the information about the
sums contributed to and spent from the electoral funds, which it received from
the branches of the Savings Bank of the Russian Federation, to registered
candidates and to the mass media on their official requests.
6. The
editorial offices of state-run periodicals shall publish the information about
the sums contributed to and spent from the electoral funds, passed on to them
by the Central Election Commission of the Russian Federation. The information
concerning the following matters shall be subject to mandatory publication:
(a) a financial
operation which involves expenditure of money from the electoral fund in an
amount exceeding by more than 2 thousand times the minimum monthly wage
established by the federal law as of the date of official publication of the
decision to call (hold) the election of the President of the Russian
Federation;
(b) the legal
entities which donated sums to the electoral fund in an amount exceeding by
more than one thousand times the minimum monthly wage established by the
federal law as of the date of official publication of the decision to call
(hold) the election of the President of the Russian Federation;
(c) the number
of individuals who have made donations to the electoral fund, which exceed by
more than 100 times the minimum monthly wage established by the federal law as
of the date of official publication of the decision to call (hold) the election
of the President of the Russian Federation;
(d) the sums
returned to donors and the reasons for the return;
(e) the total
amount of money contributed to the electoral fund and the total amount of money
spent therefrom.
7. Within five
days upon receipt from the Central Election Commission of the Russian
Federation, election commission of the Subject of the Russian Federation of a
list of legal entities which have made voluntary donations to the electoral
funds of candidates. registered candidates, the bodies of state power of the
Russian Federation, bodies of state power of the Subjects of the Russian
Federation, bodies and organizations authorized by them to carry out
registration of legal entities shall furnish to these commissions, free of
charge, the information indicating the founders of the legal entities; the
presence of a foreign, state or municipal share (in percent) or the absence of
such a share in the charter (authorized) capital of these legal entities; the
full name and date of registration of the legal entities. This information
shall be submitted according to forms established by the Central Election
Commission of the Russian Federation. In this case, use may be made of the
state automated information system. Upon the request of candidates, registered
candidates, their authorized representatives for financial matters the
appropriate election commission shall, without any delay, disclose to them the
information which it has at its disposal as of the date of the request. If an
election commission has received information about donations made in violation
of Clause 7 Article 55 of this Federal Law, this information shall be promptly
made known by the election commission to the candidates, registered candidates
concerned or to their authorized representatives for financial matters.
Article
59. Return of Money by Candidates, Registered Candidates
1. Before
filing the final financial report a candidate who has not been registered by
the Central Election Commission of the Russian Federation shall return the
unspent sums remaining in his/her electoral funds to the individuals and legal
entities that have donated money to the electoral fund, in proportion to the
contributed amounts, minus postage.
2. Within 30
days after voting day (day of the repeat voting, if its was held), a registered
candidate who, according to the voting returns, has received not less than 3
percent of the total number of votes cast by voters taking part in the voting
or who has participated in the repeat voting as well as a registered candidate
who has withdrawn his/her candidature before voting day because of compelling
reasons shall return unspent money remaining in his/her electoral fund to the
Central Election Commission of the Russian Federation, in proportion to the amounts
remitted to the electoral fund by the Central Election Commission of the
Russian Federation. Upon the elapse of the aforementioned period the branch of
the Savings Bank of the Russian Federation shall remit the money due to the
Central Election Commission of the Russian Federation to the commission's
account on its mandatory written instruction.
3. After
returning the money to the Central Election Commission of the Russian
Federation but before filing the final financial report a registered candidate
coming within Clause 2 of this Article shall, with the concurrence of the
Central Election Commission of the Russian Federation, remit unspent sums
remaining in his/her electoral fund, minus postage, to the individuals and
legal entities that have made donations to the electoral fund, in proportion to
the donated amounts.
4. Within 30
days after voting day (day of the repeat voting, if it was held), a registered
candidate who does not come within Clause 2 of this Article shall return the
full amount of money received under this Federal Law from the Central Election
Commission of the Russian Federation for the formation of his/her electoral
fund and payment of travel expenses. Upon the elapse of the aforementioned
period the branch of the Savings Bank of the Russian Federation shall remit the
money due to the Central Election Commission of the Russian Federation to the
commission's account on its mandatory written instruction.
5. Within three
days after official publication of the general results of the election of the
President of the Russian Federation, the Central Election Commission of the
Russian Federation shall notify registered candidates who do not come within
Clause 2 of this Article about the amount of budget funds that were previously
allocated to them under this Federal Law for the formation of their electoral
funds and payment of travel expenses and now have to be returned.
6. A registered
candidate who does not come within Clause 2 of this Article shall not return
any unspent sums remaining in his/her electoral funds to the individuals and
legal entities that have made donations to his/her electoral fund before money
has been returned to the Central Election Commission of the Russian Federation.
After money has been returned to the Central Election Commission of the Russian
Federation a registered candidate who does not come within Clause 2 of this
Article shall remit the unspent sums remaining in his/her electoral fund to the
accounts of the individuals and legal entities in proportion to the donated
amounts.
7. Upon the
elapse of 60 days after voting day, on a written instruction of the Central
Election Commission of the Russian Federation the branches of the Savings Bank
of the Russian Federation shall remit to the budget the sums remaining in the
special electoral accounts of electoral funds of candidates, registered
candidates.
8. If an
electoral fund is short of or has no money, a registered candidate shall return
budget funds to the Central Election Commission of the Russian Federation at
his/her own expense.
9. 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 filing the final
financial report may return budget funds to the Central Election Commission of
the Russian Federation within 12 months after voting day, if, when filing the
final financial report in due time established by this Federal Law, he/she
submits a notarized personal statement wherein he/she assumes an obligation to repay
the debt.
10. If the
obligations assumed in the statement submitted in pursuance of Clause 9 of this
Article have not been fulfilled, the money shall be collected on the basis of a
court order upon expiration of the period indicated in the statement for the
return of the money. If a registered candidate who does not come within Clause
2 of this Article and failed to meet the requirements of Clause 4 this Article
before filing the final financial report has not submitted a statement
indicated in Clause 9 of this Article, the money shall be collected from this
candidate on the basis of a court order upon the elapse of the period for
filing the final financial report.
11. If a
candidate, registered candidate has lost his/her status, the obligations established
in this Article in respect of candidates, registered candidates shall be
assumed by the citizen who was a candidate, registered candidate.
12. In the
election of the President of the Russian Federation, a citizen of the Russian
Federation and having arrears on repayment of budget funds to the Central
Election Commission of the Russian Federation or the election commission of the
Subject of the Russian Federation as of the day of official publication of the
decision to call (hold) this election shall not be entitled to receive any
funds from the federal budget.
Article
60. Financial Support of Election Commissions
1. The funds
allocated for the preparation and conduct of the election of the President of
the Russian Federation and for funding the operation of election commissions
shall be used by election commissions at their discretion for the purposes
established by this Federal Law.
2. The
allocations from the federal budget including the funds remaining from the
previous periods shall be used to finance the following expenditures of
election commissions:
(a) on the
participation in the formation of electoral funds of registered candidates, in
a procedure and amount established by this Federal Law;
(b) on the
payment of compensations and transport expenses, with the exception of taxi and
chartered transport, to registered candidates, in a procedure and amount
established by Article 41 of this Federal Law;
(c) on the
additional remuneration of voting members of election commissions, staff
members of commissions and people who work in commissions under civil-law
contracts;
(d) on the
production of printed materials and publishing; on the acquisition and
installation of technological equipment;
(e) on the
payment of transport expenses, including expenses on the organization of voting
in remote and hard-to-reach areas;
(f) on the
delivery and safekeeping of electoral documentation;
(g) on the
development of the electoral system, including introduction of new election
technologies, means of automation, legal education of voters and election
organizers, implementation of purpose-oriented programs;
(h) on the
payment of travel and other expenses incidental to the conduct of the election
of the President of the Russian Federation; on the support of the powers and
operation of election commissions.
3. Russian
Federation citizens who, on the request of an election commission, have been
released from the main job for the period of the preparation and conduct of the
election of the President of the Russian Federation to discharge a state duty
of a voting member of an election commission shall receive the average salary
at the main job to be paid by the organization regardless of its form of
ownership. Additional remuneration may be paid to voting members of an election
commission from the funds allocated for the conduct of the election, in a
procedure and amount to be established by the Central Election Commission of
the Russian Federation.
4. Labour
remuneration of voting members of an election commission who are on the
permanent staff thereof shall be paid within the limits of federal budget funds
allocated to the election commission, in a procedure and amount established by
the Central Election Commission of the Russian Federation.
5. The
procedure for opening and maintaining bank accounts, accounting, reporting,
remitting funds allocated by the Central Election Commission of the Russian
Federation to other election commissions shall be established by the Central Election
Commission of the Russian Federation and agreed with the Central Bank of the
Russian Federation. The banks shall not charge any fee for opening and
servicing accounts of election commissions and shall not pay any interest on
the funds kept therein. Election commissions shall keep accounting records to
record the expenditure of funds allocated to them from the federal budget.
6. The forms of
financial reports of election commissions on the receipt and expenditure of
funds allocated for the preparation and conduct of the election of the
President of the Russian Federation and the forms to be used for presentation
of the information concerning the sums contributed to and spent from electoral
funds of candidates, registered candidates shall be established by the Central
Election Commission of the Russian Federation and agreed with the Central Bank
of the Russian Federation.
7. A precinct
election commission shall submit a financial report to the territorial election
commission on the receipt and expenditure of federal budget funds allocated to
the given precinct election commission for the preparation and conduct of the
election of the President of the Russian Federation not later than ten days
after voting day (day of the repeat voting, if it was held). A territorial
election commission shall submit a report on the receipt and expenditure of
federal budget funds allocated to the given territorial election commission for
the preparation and conduct of the election of the President of the Russian
Federation to the election commission of the Subject of the Russian Federation
not later than 25 days after voting day (day of the repeat voting, if it was
held).
8. The election
commission of the Subject of the Russian Federation shall submit to the Central
Election Commission of the Russian Federation a financial report on the receipt
and expenditure of federal budget funds allocated to the given election
commission of the Subject of the Russian Federation for the preparation and
conduct of the election of the President of the Russian Federation not later
than 60 days after the day of official publication of the general election
results.
9. The Central
Election Commission of the Russian Federation shall submit a financial report
on the expenditure of federal budget funds and the information concerning the
sums contributed to and spent from electoral funds of candidates, registered
candidates to the chambers of the Federal Assembly of the Russian Federation and
shall pass them on to the mass media not later than three months after the day
of official publication of the general results of the election of the President
of the Russian Federation. The said financial report and information shall be
published by the Central Election Commission of the Russian Federation in its
official bulletin not later than one month after their submission to the
chambers of the Federal Assembly of the Russian Federation.
Article
61. Review and Auditing Service of Election Commissions
1. The review
and auditing service of the Central Election Commission of the Russian
Federation and review and auditing services of the Subjects of the Russian
Federation shall be organized to exercise control over correct utilization of
funds allocated to election commissions and monitor the sources, correct
recording and use of the resources of electoral funds.
2. The review
and auditing service shall include the head and the deputy head (deputy heads)
of the service; members of the appropriate election commission appointed to the
review and auditing service; specialists of the review and auditing service
from the staff of state (law-enforcement, fiscal and other) bodies,
organizations and institutions, including the Central Bank of the Russian Federation
and the Savings Bank of the Russian Federation. On the request of the
appropriate election commission these bodies shall, not later than a month
after the day of official publication of the decision to call (hold) the
election of the President of the Russian Federation, assign specialists to the
Central Election Commission of the Russian Federation for a period of not less
than six months and to the election commissions of the Subjects of the Russian
Federation for a period of not less than four months.
3. Specialists
of the review and auditing service shall be released from their main job to
perform their duties and shall receive their salary and other payments at the
main place of employment.
4. The statute
of the review and auditing service shall be approved by the appropriate
election commission. The organizational, legal and logistical support for the
review and auditing service of election commissions shall be provided by the
appropriate election commissions.
5. The review
and auditing service shall be entitled to monitor transfers to electoral funds
of candidates, registered candidates, review recording and utilization of these
transfers and check for correct utilization of the funds allocated to
lower-level election commissions, using, if necessary the state automated
information system. For the accomplishment of these purposes the review and
auditing service acting on the requests of an election commission shall:
(a) verify
financial reports of candidates, registered candidates, lower-level election
commissions;
(b) request
information concerning all matters within its scope of competence and receive
this information from candidates, registered candidates, election commissions;
(c) apply to
federal bodies of executive power, other bodies of state power, organizations
of all forms of ownership and to individuals on all matters within the scope of
its competence, request the necessary information and documents relating to the
funding of the election of the President of the Russian Federation. Information
and documents requested by a review and auditing service shall be provided
within ten days and, five days to one day prior to voting day and on voting
day, immediately;
(d) draw up
documents recording financial irregularities in the funding of the election of
the President of the Russian Federation;
(e) request the
appropriate election commissions to call to account candidates, registered
candidates as well as individuals and legal entities for the violations
committed by them in the funding of the election campaign;
(f) engage
experts for the performance of audits and preparation of reports and expert
assessments.
Chapter IX. VOTING
AND DETERMINATION OF THE RESULTS OF THE ELECTION OF THE PRESIDENT OF THE
1. The voting
premises shall be placed at the disposal of the precinct election commission
free of charge by the head of the municipal unit, or, if the charter of the
municipal unit does not provide for an office of head of the municipal unit, by
a person authorized to do so by the representative body of local
self-government.
2. The voting
premises shall have a hall where ballot boxes, booths or other specially
equipped places for secret voting shall be located or rooms suitable for secret
voting provided with a lighting system, tables, writing utensils (with the
exception of pencils).
3. Inside or
directly in front of the voting premises a precinct election commission shall
set up a bulletin board displaying a sample of a marked ballot and information
materials about all registered candidates.
Information
materials about each registered candidate shall indicate the first, middle and
last name of each registered candidate his/her pseudonym (if it was registered
in accordance with Clause 2 Article 39 of this Federal Law), year of birth,
education, main place of work or service and official position (occupation, if
there is no main place of work or service), address of the place of residence,
membership of the registered candidate in a public association and his/her
status therein (if such information was presented to the Central Election
Commission of the Russian Federation in accordance with Clause 7 Article 33 or
Clause 11 Article 34 of this Federal Law), name of the elective office in a
body of state power or body of local self-government held by the registered
candidate and elected directly by Russian Federation citizens (if any),
information as to who nominated the given candidate.
These
information materials shall also include other biographical data to be
submitted by registered candidates, the maximum scope of which shall be
established by the decisions of the Central Election Commission of the Russian
Federation.
If a registered
candidate has a conviction that has not expired or has not been cancelled, the
information materials shall indicate the number (numbers) and the name (names)
of the article (articles) of the Criminal Code of the Russian Federation on the
basis of which the registered candidate was convicted and the article
(articles) of the criminal code adopted in accordance with the Fundamental
Criminal Legislation of the USSR and the Union republics, the article
(articles) of the law of a foreign state and the name of the law, if the
registered candidate was convicted under these legislative acts for actions
qualified as crimes by the current Criminal Code of the Russian Federation. If
a registered candidate has Russian Federation citizenship and foreign
citizenship, the information materials shall indicate this fact and the name of
the corresponding foreign state. The sample of a marked ballot displayed on the
bulletin board shall not contain the names of registered candidates and the
names of electoral associations, electoral blocs which nominated registered
candidates Information about registered candidates shall be arranged in the
information materials in the order which was determined when the form and the
text of a ballot were approved. The bulletin board shall also display excerpts
from the criminal and administrative laws of the Russian Federation
establishing responsibility for violation of electoral rights of Russian
Federation citizens. The precinct election commission shall arrange these
materials so that voters could easily read them.
4. Upon
commencement of voting, an oversize protocol of voting returns shall be
displayed inside the voting premises to record voting returns as they are
tabulated.
5. The voting
premises shall be fitted out so that the places where ballots are given out,
the voting booths, other places for secret voting and the ballot boxes are all
located in the field of vision of members of the precinct election commission,
observers.
1. Ballots
shall be printed for voting in the election of the President of the Russian
Federation. Ballots shall be documents of strict accountability, with their
degree of protection to be determined by the Central Election Commission of the
Russian Federation. Numbering of ballots shall not be allowed. The procedure
for the printing of ballots, their quantity and the requirements to their
printing shall be approved by the Central Election Commission of the Russian
Federation not later than 35 days prior to voting day.
2. The form and
the Russian text of the ballot shall be approved by the Central Election
Commission of the Russian Federation not later than 32 days prior to voting
day. The text shall be printed only on one side of the ballot.
3. The ballot
shall indicate the first, middle and last name and a pseudonym (if was
registered in accordance with Clause 2 Article 39 of this Federal Law) of each
registered candidate arranged in the alphabetical order; his/her year of birth;
place of residence; main place of work or service; official position
(occupation, if there is no main place of work or service); name of the
elective office in the body of state power or body of local self-government
held by each registered candidate and elected directly by Russian Federation
citizens (if any); information as to who nominated the given registered
candidate. The ballot shall also indicate an abbreviated name of the public
association the membership in which was indicated by the registered candidate
in accordance with Clause 7 Article 33 or Clause 11 Article 34 of this Federal
Law, and the status of the given registered candidate therein. A blank box
shall be placed to the right of the data of each registered candidate. A line
reading "Against all candidates" with a blank box to the right
thereof shall be placed at the end of the list of registered candidates.
4. If a
registered candidate has a conviction that has not expired or has not been
cancelled, the ballot shall indicate the number (numbers) and the name (names)
of the article (articles) of the Criminal Code of the Russian Federation on the
basis of which the candidate was convicted and the article (articles) of the
criminal code adopted in accordance with the Fundamental Criminal Legislation
of the USSR and the Union republics, the article (articles) of the law of a
foreign state and the name of the law, if the candidate was convicted under
these legislative acts for actions qualified as crimes by the current Criminal
Code of the Russian Federation. If a registered candidate has Russian
Federation citizenship and foreign citizenship, the ballot shall indicate this
fact and the name of the corresponding foreign state. The data concerning
convictions and foreign citizenship shall be indicated in the ballot on the
basis of the documents which were submitted to the election commission before
approval of the text of the ballot.
5. Each ballot
shall contain marking instructions.
6. Ballots
shall be printed in the Russian language. Subject to a decision of the election
commission of a Subject of the Russian Federation, ballots may be printed in
the Russian language and in the official language of the given Subject of the
Russian Federation, and, in the necessary cases, in the languages of the
peoples of the Russian Federation in the territories where they are
concentrated. If ballots for an electoral precinct are printed in two or more
languages, the text in the Russian language shall be printed on each ballot.
The text of such a ballot in the official language of the Subject of the
Russian Federation and in the languages of peoples of the Russian Federation
shall be approved by the election commission of the Subject of the Russian
Federation not later than 27 days prior to voting day.
7. Ballots
shall be printed only by a decision of the Central Election Commission of the
Russian Federation under the supervision of its representatives by printing
organizations adequately equipped for printing electoral documents, not later
than 22 days prior to voting day. The number of ballots printed for the
election of the President of the Russian Federation shall not exceed by more
than 3 percent the number of registered voters.
8. The printing
organization shall reject defective ballots and shall hand over the ballots to
the duly authorized members of the election commission which placed an order
for their printing, on the basis of a transfer record indicating the date and
time when it was drawn up and the number of ballots being handed over.
Immediately after the ballots have been handed over in the quantity
corresponding to the order the employees of the printing organization shall
destroy the rejected and surplus ballots and shall draw up a certificate to
this effect to be signed by all persons present thereat. These actions may be
observed by other members of the election commission, registered candidates,
their agents, it they wish to do so. The election commission shall notify all
members of the commission, registered candidates, and their agents about the
time when and the place where the ballots are to be handed over and the
printing organization shall make it possible for these persons to be present
thereat.
9. After
receiving ballots from the printing organization the election commission of a
which placed an order for the printing of the ballots shall, not later than 20
days prior to voting day, transfer the ballots to territorial election
commissions on the basis of a transfer record indicating the time when the
record was drawn up and the quantity of transferred ballots. The number of
ballots to be transferred to each territorial election commission shall be
determined by a decision of the election commission of a Subject of the Russian
Federation but this number shall not exceed by more than 2.5 percent the number
of voters registered in the corresponding territory. The ballots remaining
after transfer of ballots to territorial election commissions shall be kept by
the election commission of the Subject of the Russian Federation. Proceeding in
the same manner a territorial election commission shall transfer ballots to
precinct election commissions not later than four days prior to voting day. For
each electoral precinct the number of ballots to be transferred to the precinct
election commission shall not be less than 90 percent of the number of voters
included in the voters lists of the given electoral precinct as of the day of
the transfer of ballots and shall not exceed this number by more than 0.5
percent. Precinct election commissions formed outside the territory of the
Russian Federation may receive ballots directly from the election commission
which placed an order for the printing of ballots, in a procedure established
by the Central Election Commission of the Russian Federation. On the face at
the upper right of the ballot there will be signatures of two voting members of
a precinct election commission certified by the election commission's seal. The
transfer of ballots from a higher-level to a lower-level election commission
may be observed by members of these and higher-level election commissions,
registered candidates, their agents. The election commission shall notify its
members about the time and place when and where ballots are to be transferred.
10. The
responsibility for the transfer of ballots and ballot security shall be borne
by chairmen of election commissions which transfer, receive and keep ballots.
11. If some
registered candidates withdraw from the election or registration of some
candidates is annulled after the ballots have been printed, territorial
election commissions and precinct election commissions shall, on the
instruction of the Central Election Commission of the Russian Federation,
strike out the data of these registered candidates on ballots. If the data of a
registered candidate indicated in printed ballots has to be changed and
supplemented, members of a territorial election commission, precinct election
commission may, subject to a decision of the Central Election Commission of the
Russian Federation, make these changes and additions in the ballots by hand or
with the use of a stamp.
12. In
exceptional cases, in electoral precincts formed in remote and hard-to-reach
regions, on ships which are at sea on voting day, at polar stations, in
electoral precincts established outside the territory of the Russian Federation
electoral documentation, including ballots, may be printed by the precinct
election commission itself, if the necessary technical facilities are
available. A decision to print the electoral documentation indicating the necessary
number of ballots shall be taken by this precinct election commission with the
concurrence of the territorial election commission or the Central Election
Commission of the Russian Federation.
13. On voting
day, after the voting time ends, unused ballots remaining in the election
commission of a Subject of the Russian Federation, a territorial election
commission shall be cancelled and a certificate evidencing this fact shall be
drawn up. Cancellation of ballots may be watched by the persons indicated in
Clause 5 Article 21 of this Federal Law. The cancelled ballots shall be kept by
the secretary of the election commission of the Subject of the Russian
Federation, territorial election commission together with other documentation
of the commission.
14. In the
event of the repeat voting the periods indicated in this Article may be reduced
by a decision of the Central Election Commission of the Russian Federation, but
by not more than three times.
Article
64. Absentee Certificate
1. An absentee
certificate for voting in the election of the President of the Russian
Federation shall be a document of strict accountability, whose degree of
protection shall be determined by the Central Election Commission of the
Russian Federation. The absentee certificate shall have a detachable coupon.
The form of an absentee certificate, the procedure for their printing, their
quantity, the form of a journal to record issuance of absentee certificates and
the requirements to the printing of absentee certificates shall be approved by
the Central Election Commission of the Russian Federation not later than 60
days prior to voting day. Absentee certificates shall be transferred from a
higher-level election commission to a lower-level election commission in the
same manner as ballots. The responsibility for the transfer and security of
absentee certificates shall be borne by chairmen of election commissions which
transfer, receive and keep absentee certificates.
2. A voter
unable to come to the voting premises of the electoral precinct where he/she is
included in the voters list shall be entitled to obtain an absentee certificate
(in the event of the repeat voting – an absentee certificate without a
detachable coupon) from a territorial election commission (45 - 25 days prior
to voting day), a precinct election commission (24 days - 1 day prior to voting
day and in the period from the day on which the Central Election Commission of
the Russian Federation declares the repeat voting to the day preceding the day
of the repeat voting) and take part in the voting in the electoral precinct
where this voter will be staying on voting day.
3. On the basis
of a written application of a voter indicating the reasons why the voter needs
an absentee certificate the election commission shall issue an absentee
certificate either to the voter personally or to his/her representative
provided with a notarized power of attorney. The power of attorney may also be
certified by the administration of a hospital where the voter is undergoing
medical treatment, by the administration of an institution where suspects or
defendants are confined.
4. A
territorial election commission shall issue an absentee certificate to a voter
or his/her representative on the basis of the voter data supplied to the
commission by the head of a municipal unit (if the charter of the municipal
unit does not provide for the office of head of the municipal unit, by a person
authorized to do so by the representative body of local self-government) in
accordance with the "Regulation on the State Registry of Voters,
Referendum Participants." A territorial election commission shall keep a
journal of issued absentee certificates indicating the first, middle and last
name of the voter, his/her year of birth (for voters 18 years old - also the
day and month of birth), address of the place of residence. Twenty five days
prior to voting day, a territorial election commission shall, together with the
first copies of voters lists, furnish to precinct election commissions
certified excerpts from the journal of issued absentee certificates indicating
the data of voters registered in the territory of these electoral precincts,
who have received absentee certificates. Based on these excerpts a precinct
election commission shall make corresponding notes in the voters lists.
5. A voter or
his/her representative shall sign for the receipt of an absentee certificate in
the journal of issued absentee certificates (in a territorial election
commission) or in the voters list (in a precinct election commission),
indicating the series and number of his/her passport or equivalent identity
paper. This voter shall be excluded from the voters list of the electoral
precinct in the given election of the President of the Russian Federation and
shall not be reckoned in the counting of the number of registered voters when
the precinct election commission draws up its protocol.
6. An absentee
certificate shall be valid if it has been stamped twice with the seal of a
territorial or a precinct election commission and bears two signatures of the
member of the territorial or precinct election commission who issued the
absentee certificate, with the detachable coupon bearing one of the signatures
and one of the seals. In the event of the repeat voting an absentee certificate
shall be valid if it bears the seal of a territorial or precinct election
commission and the signature of the member of a territorial or precinct
election commission who issued the absentee certificate.
7. Upon
presentation of an absentee certificate, a voter shall be put on the voters
list in any other electoral precinct. If voting is conducted in the general
election of the President of the Russian Federation, the detachable coupon
shall be torn away from the absentee certificate presented by a voter. In the
event of the repeat voting the absentee certificate shall be withdrawn. When
receiving a ballot on the basis of an absentee certificate a voter shall
indicate the address of his/her place of residence in the voters list.
8. In the event
of the repeat voting unused detachable coupons of absentee certificates which
were issued to voters in the period from the day on which the repeat voting was
declared by the Central Election Commission of the Russian Federation to the
day preceding the day of the repeat voting shall be cancelled. On the day of
the repeat voting, before voting time begins, unused absentee certificates
shall be cancelled. A territorial or precinct election commission shall draw up
a protocol to certify cancellation of unused detachable coupons and absentee
certificates. If the President of the Russian Federation was elected as a
result of the general elections or the general elections were declared to have
not taken place or to be null and void, unused absentee certificates shall be
cancelled by an election commission on the third day after official publication
of the results of the general elections.
1. Voting shall
be conducted on a calendar non-working day from 8.00 to 20.00 local time.
2. Precinct
election commissions shall inform voters about the time and place of voting not
later than 20 days prior to voting day through the mass media or by other means
or, in the event of early voting in accordance with Article 66 of this Federal
Law, not later than five days prior to the day of early voting.
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 voters list have voted.
4. At 8.00 on
voting day, the chairman of a precinct election commission shall declare the
voting premises open and shall show empty stationary and mobile ballot boxes to
the members of the precinct election commission, voters and persons indicated
in Clause 5 Article 21 of this Federal Law. After this, the ballot boxes shall
be sealed with the seal of the precinct election commission (a seal shall be
affixed). The chairman of a precinct election commission shall also show to the
said persons sealed mobile ballot boxes containing ballots marked in accordance
with Clauses 2 - 9 Article 66 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 in the voters lists upon presentation of a
passport or an equivalent identity paper (a serviceman's card or an officer's
identity card for persons who undergo military service, a certificate, other
paper of a standard format issued by the internal affairs bodies, a foreign
passport of the Russian Federation citizen for persons who permanently reside
or currently stay outside the territory of the Russian Federation, a seaman's
passport). Each voter shall be entitled to receive one ballot, save the cases
provided by Clause 12 of this Article. Before issuing a ballot to a voter the
member of a precinct election commission shall make sure that an absentee
certificate has not been issued to the given voter, the voter has not voted
early, no application from the voter for voting outside the voting premises is
recorded in the journal indicated in Clause 2 Article 67 of this Federal Law
and no voting members of the precinct election commission have been sent to the
voter to conduct voting outside the voting premises. Upon presentation of an
absentee certificate, a voter shall be additionally included in the voters
list, the detachable coupon of the absentee certificate and, in the event of
the repeat voting, the absentee certificate shall be taken away from the voter
and cancelled.
7. When
receiving a ballot, a voter shall write the series and number of his/her
passport or equivalent identity paper and put his/her signature in the voters
list. With the consent or at the request of the voter the series and number of
his/her passport or equivalent identify paper may be written in the voters list
by any voting member of a precinct election commission. The voter shall check
the correctness of the entry and shall sign for the receipt of a ballot.
8. If a voter
is unable to sign for the receipt of a ballot by himself/herself, he/she may
ask other persons to help him/her, if these persons are not members of the
election commission, registered candidates, authorized representatives and
agents of registered candidates, authorized representatives of an electoral
association, electoral bloc, initiative voters' group which nominated a
registered candidate, observers, foreign (international) observers. The person
who helped the voter shall put his/her signature in the column "Voter's
Signature for Receipt of Ballot" in the voters list indicating his/her
first, middle and last name, the series and number of the passport or an
equivalent identity paper.
9. Each voter
shall vote in person. Voting for other voters shall not be allowed. Ballots
shall be marked in a specially equipped booth or in another specially equipped
place or room for secret voting, where the presence of any other persons shall
not be allowed.
10. A voter who
is unable to mark the ballot by himself/herself may be assisted by another
voter who is not a member of the election commission, a registered candidate,
an authorized representative for financial matters or an agent of a registered
candidate, an authorized representative of an electoral association, electoral
bloc, initiative voters' group which nominated a registered candidate,
observer, foreign (international) observer. In this case, the voter shall
orally inform the election commission of his/her intention to ask for
assistance in marking the ballot. The first, middle and last name, series and
number of the passport or an equivalent identity paper of the person assisting
the voter shall be marked in the appropriate column (columns) of the voters
list.
11. On the
ballot the voter shall put any mark inside the blank box to the right of the
name of the registered candidate for which he/she votes or inside the box
placed to the right of the words "Against all candidates."
12. If a voter
thinks that he/she has made a mistake when marking a ballot, he/she may ask the
election commission member who issued him/her a ballot to give him/her a new
ballot in place of the spoilt one. The election commission member shall issue a
new ballot to the voter, make a note to this effect in the voters list against
the name of this voter and sign the note. The spoilt ballot shall be
immediately canceled and an act shall be drawn up to this effect.
13. Voters
shall drop marked ballots into a sealed stationary ballot box.
14. The
chairman of a precinct election commission shall maintain order in the voting
premises. Instructions of the chairman of the precinct election commission
issued within the scope of his/her competence shall be mandatory for all those
present inside the voting premises. In case the chairman of a precinct election
commission is absent, his/her functions shall be performed by the deputy
chairman of the precinct election commission, and, in the absence of the deputy
chairman, by the secretary of the precinct election commission or some other
voting member of the given election commission authorized thereby.
15. Persons
indicated in Clause 5 Article 21 of this Federal Law may be present in the
voting premises during the voting, when votes are counted and when a precinct
election commission draws up a protocol of voting returns. Based on their
credentials a precinct election commission shall make up a list of persons who
observed the progress of voting and the counting of votes.
16. Any member
of a precinct election commission shall be immediately barred from
participation in the commission's work and an observer and other persons shall
be expelled from the voting premises if they try to obstruct the work of the
election commission or the exercise by a Russian Federation citizen of his/her
electoral rights or attempt to violate the secrecy of voting. The appropriate
decision shall be taken by a precinct election commission or a higher-level
election commission. In this case, the commission shall be entitled to request
the appropriate authorities to bring to responsibility the barred member of the
precinct election commission or expelled observers and other persons, subject
to federal laws.
17. Registered
candidates, their authorized representatives for financial matters and agents,
electoral associations, electoral blocs which nominated registered candidates
and the organizations whose founders, owners, possessors are and/or whose
governing or supervisory bodies include the said persons and organizations as
well as other natural persons and legal entities acting on the request or on
the instructions of the said persons and organizations shall not take any steps
to arrange for transportation of voters to voting premises.
1. Election
commissions of the Subjects of the Russian Federation may allow all voters in
one of or several electoral precincts on ships at sea on voting day, at polar
stations, in other remote and hard-to-reach areas to vote early but not earlier
than 15 days prior to voting day. In this case, early voting shall be conducted
in accordance with the rules established by Article 65 of this Federal Law.
Immediately after the end of early voting votes cast by voters shall be counted
and voting returns determined in accordance with the requirements of Clauses 68
and 69 of this Federal Law.
2. If separate
groups of voters included in the voters 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, in
remote and hard-to-reach areas, etc.) and, therefore, early voting cannot be
conducted in the whole electoral precinct in accordance with Clause 1 of this
Article, the election commission of the Subject of the Russian Federation may
allow these groups of voters to vote early but not earlier than 15 days prior
to voting day, in the course of several days, in a procedure established by
Clauses 3 - 9 of this Article.
3. To conduct
early voting in accordance with Clause 2 of this Article use shall be made of
mobile ballot boxes the number of which shall be determined by the election
commission of the Subject of the Russian Federation. Before early voting
starts, empty mobile ballot boxes shall be produced for examination to the
majority of the members of a precinct election commission and to the persons
indicated in Clause 5 Article 21 of this Federal Law present on the
commission's premises, and a protocol shall be drawn up to record this fact.
After that, empty mobile ballot boxes shall be sealed (seals shall be affixed).
4. Two voting
members of a precinct election commission shall put their signatures at the
upper right on the face of each ballot issued to a voter who votes early and their
signatures shall be certified with the seal of the precinct election
commission.
5. Early voting
outside the voting premises shall be conducted by not less than two voting
members of a precinct election commission. They shall be provided with a mobile
ballot box sealed by the precinct election commission, the required number of
ballots of a standard format, an excerpt from the voters list containing data
of the voters whom they are going to visit to conduct early voting or the
voters list as well as the necessary writing utensils (excepting pencils) to
mark ballots.
6. A voter who
votes early shall sign for the receipt of a ballot issued to him/her in the
excerpt from the voters list or in the voters list. Election commission members
who conduct early voting shall make a note in the said excerpt or in the voters
list to indicate that the voter voted early and shall mark the date and time of
voting. If a voter put his/her signature in the excerpt from the voters list,
these notes as well as the series and number of the passport or an equivalent
identity paper of the voter shall be entered in the voters list after early
voting ends. The said excerpt from the voters list shall be kept together with
the voters list.
7. A voter
shall mark the ballot and drop it into the mobile ballot box as provided by
Article 65 of this Federal Law.
8. A protocol
shall be drawn up to record the fact of early voting, indicating the day and
time of voting, the number of voters who received ballots for early voting, the
names of the members of the election commission and other persons present at
the voting. This protocol shall be kept together with the mobile ballot box.
9. After the
end of early voting the slots for ballots in mobile ballot boxes shall be
sealed by the chairman of a precinct election commission, and the secretary of
a precinct election commission shall make arrangements for the safekeeping of
the mobile ballot boxes. The mobile ballot boxes shall not be opened till
commencement of vote counting at a precinct voting premises. The mobile ballot
boxes with the ballots of voters who voted early shall not be used for voting
on voting day.
10. Early
voting may be observed by the persons indicated in Clause 5 Article 21 of this
Federal Law. When early voting is to be conducted with the use of mobile ballot
boxes, a precinct election commission shall make arrangements to ensure that at
least two persons - non-voting members of the election commission, observers
appointed by different registered candidates are offered the same possibilities
as the voting members of a precinct election commission to go to the place
where early voting is to be conducted.
11. Early
voting may be conducted only at the time appointed by the decision of a
precinct election commission. This time shall be made known to voters and
persons indicated in Clause 5 Article 21 of this Federal Law through the mass
media and/or by other means.
12. When
conducting early voting an election commission shall ensure the secrecy of
voting, prevent any possibility of the expression of the voters' will being
distorted, make arrangements for the safekeeping of ballots and ensure that the
votes of voters are reckoned in the determination of the voting returns.
Article
67. Voting Outside the Voting Premises on Voting Day
1. A precinct
election commission shall make arrangements to enable voters to vote if they
are entitled to be or are included in the voters list of the given electoral
precinct but are unable to come on their own to the voting premises for valid
reasons (poor health, physical disability, etc.). A precinct election
commission may determine that the reason is untenable and refuse to conduct
voting outside the voting premises.
2. Save as
provided otherwise by Article 66 of this Federal Law voting outside voting
premises shall be carried out only on voting day and only on the basis of a
written application or an oral request of a voter (which may be relayed through
other persons) 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 a 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 journal.
3. The entry
recording an oral request in the journal 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.) and the member's signature; the first, middle and last
name of the person who relayed the message. Upon arrival of commission members
to the voter the request shall be confirmed by a written application which
shall be duly registered, with the indication of the time when the application
was submitted.
4. A written
application of a voter for voting outside the voting premises shall state the
reason why the voter is unable to come to the voting premises and shall
indicate the same voter data as is contained in the voters list.
5. At least 30
minutes before the departure of members of a precinct election commission, the
chairman of the precinct election commission shall announce that commission
members are going to conduct voting outside the voting premises.
6. A precinct
election commission shall have the necessary number (but not more than three)
mobile ballot boxes to conduct voting as provided for by this Article, the
number of such boxes to be determined by the decision of the 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 of the
ballots 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 mobile ballot box sealed by the precinct election commission; the
required number of ballots of a standard format; a certified extract from the
journal indicated in Clause 2 of this Article containing the data required by
Clause 9 Article 25 of this Federal Law about the voters on whose request
voting outside the voting premises is to be conducted (an appropriate note
shall be made in the journal when this extract is made); the written
applications for voting outside the voting premises; the necessary writing
utensils (excepting pencils) for the voter to mark the ballots.
8. Voting
outside the voting premises shall be carried out in accordance with the
provisions of Article 65 of this Federal Law.
9. A voter
shall write the series and number of his/her passport or equivalent identity
paper and the address of the place of residence on his/her written application
for voting outside the voting premises and shall confirm the receipt of a
ballot by his/her signature. The voting members of a precinct commission shall
confirm the issuance of ballots by putting their signatures on the application.
A corresponding note shall also 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 journal 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 marked in the voters list by the voting
members of a precinct election commission who conducted voting outside the
voting premises. At the same time, the words "Voted outside voting
premises" shall be written in the appropriate column (columns) of the
voters list.
12. Voting
outside the voting premises may be observed by non-voting members of an
election commission, observers. In this case, a precinct election commission
shall provide the same possibilities to come to the place of voting both to
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 and observers appointed by various registered candidates. 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 their 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 a precinct
election commission were sent to him/her to conduct voting outside the voting
premises, none of the members of the precinct election commission shall issue a
ballot to this voter in the voting premises until the members of the precinct
election commission 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 did not vote outside the voting premises.
14. After the
end of voting outside the voting premises with the use of a mobile ballot box a
precinct election commission shall draw up an act indicating the number of
ballots issued to the commission members who conducted voting outside the
voting premises; the number of written applications from voters asking for a
possibility to vote outside the voting premises; the number of ballots issued
to such voters; the number of returned ballots (ballots which were not used or
were spoilt by voters); the data of 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.
15. Voting
outside the voting premises conducted by one voting member of a precinct
election commission, violation of the provisions of Clause 12 of this Article,
a possibility to vote granted to voters who are not included in the journal
indicated in Clause 2 of this Article shall result in the invalidation of the
ballots contained in the corresponding mobile ballot box.
Article
68. Protocol of Voting Returns of a Precinct Election Commission
1. A precinct
election commission shall draw up a protocol of voting returns.
2. As a rule, a
precinct election commission shall draw up a protocol of voting returns shall
on one sheet. If the protocol has been drawn up on more sheets than one, each
sheet shall be numbered, signed by all present voting members of a precinct
election commission and certified with the commission's seal. The protocol of a
precinct election commission shall contain the following:
(a) No. of the
copy;
(b) name of the
election, date of voting;
(c) the word
"Protocol";
(d) the name of
the election commission and the number of the electoral precinct;
(e) the lines
of the protocol:
line 1: number
of voters included in the voters list as of the end of voting;
line 2: number
of ballots received by the precinct election commission;
line 3: number
of ballots issued to voters who voted early;
line 4: number
of canceled ballots;
line 5: number
of ballots issued to voters at the voting premises on voting day;
line 6: number
of ballots issued to voters who voted outside the voting premises;
line 7: number
of ballots in the mobile ballot boxes;
line 8: number
of ballots in the stationary ballot boxes;
line 9: number
of valid ballots;
line 10: total
number of invalidated ballots;
line 11: number
of ballots invalidated on the basis of Clause 14 Article 69 of this Federal Law
(if the number of ballots found in a mobile ballot box exceeds the number of
voters' applications marked to certify receipt of ballots or the number of
notes in the voters list indicating that the voters voted early);
line 12: number
of invalid ballots where none of the boxes are marked;
line 13: number
of absentee certificates received by the precinct election commission;
line 14: number
of absentee certificates issued to voters by the precinct election commission
in the premises of the electoral precinct before voting day;
line 15: number
of voters who voted in the electoral precinct on the basis of absentee
certificates;
line 16: number
of unused absentee certificates (in the event of the repeat voting – the number
of cancelled unused absentee certificates);
line 17: number
of detachable coupons of absentee certificates cancelled in accordance with
Clause 6 Article 65 of this Federal Law (in the event of the repeat voting –
the number of absentee certificates cancelled in accordance with Clause 6
Article 65 of this Federal Law);
(f) the list of
complaints (statements), records, 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 date
and time (hours, minutes) when the protocol was singed (if the protocol
contains more than one sheet - each sheet of the protocol shall be signed);
(i) the seal of
the election commission (if the protocol contains more than one sheet - each sheet
of the protocol shall be sealed).
3. The
following data shall be entered in line 18 and subsequent lines of the protocol
of voting returns:
the fist,
middle and last names of the registered candidates put on the ballot, in the
alphabetical order, and, if these names coincide, other data of the registered
candidates;
the number of
votes cast for each registered candidate;
the number of
votes cast against all candidates.
4. The
numerical data indicated in Clauses 2 and 3 of this Article shall be entered in
the protocol of voting returns in numerals and in words.
Article 69. Counting of Votes and
Compilation of the Protocol of Voting Returns by Precinct Election Commissions
1. The votes
cast by voters shall be counted openly and publicly, directly by the voting
members of a precinct election commission. The persons indicated in Clause 5
Article 21 of this Federal Law shall be given a possibility to be present at
and observe vote counting.
2. After the
end of voting time, the chairman of a precinct election commission shall
announce that only those voters who are already inside the voting premises may
receive ballots and vote. Counting of votes shall begin immediately after the
voting time ends and shall be continued without interruption until the voting
returns are tabulated. These voting returns shall be made known to all members
of a precinct election commission and persons present at vote counting in
accordance with this Federal Law.
3. After the
end of voting, the voting members of a precinct election commission in the
presence of persons indicated in Clause 5 Article 21 of this Federal Law shall
count unused ballots and cancel them by cutting off the lower left corner (care
shall be taken to avoid damaging the boxes located on the ballots to the right
of the data of registered candidates and against the line "Against all
candidates"), announce the number of cancelled ballots obtained by summing
up the number of unused ballots and the number of ballots spoilt by voters in
the course of voting and enter this data in line 4 of the protocol of voting
returns and in its oversize version. Then members of the precinct election
commission shall announce the number of unused absentee certificates and shall
enter this number in line 16 of the protocol of voting returns and its oversize
version. Detachable coupons of absentee certificates and, in the event of the
repeat voting, absentee certificates cancelled in pursuance of Clause 6 Article
65 of this Federal Law shall be counted and their number shall be announced and
entered in line 17 of the protocol of voting returns and its oversize version.
The cancelled ballots, detachable coupons 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 precinct election
commission.
4. Before
starting to count votes the voting members of a precinct election commission
shall sum up the following data on each sheet of the voters list and mark the
summarized data on the sheets:
(a) the number
of voters put on the list (minus the voters issued absentee certificates by the
territorial and the precinct election commission);
(b) the number
of ballots issued to voters at the voting premises of the electoral precinct on
voting day (to be established on the basis of the number of voter signatures in
the voters list);
(c) the number
of ballots issued to voters who voted outside the voting premises (to be established
on the basis of the number of the corresponding notes in the voters list);
(d) the number
of voters who voted early (to be established on the basis of the number of the
corresponding notes in the voters list);
(e) the number
of absentee certificates issued by the precinct election commission to voters
of the electoral precinct;
(f) the number
of voters who voted at the voting premises of the electoral precinct on the
basis of absentee certificates.
5. After
entering the data indicated in Clause 4 of this Article the voting member of a
precinct election commission who entered this data shall sign each sheet of the
voters list, sum up this data and announce the summarized data to the chairman,
the deputy chairman or the secretary of the precinct election commission and to
persons present at vote counting. The chairman, the deputy chairman or the
secretary of the precinct election commission shall write the summarized data,
i.e., the sum total of the data determined in accordance with Clause 4 of this
Article, on the last sheet of the voters list and shall certify this data with
his/her signature and the seal of the precinct election commission. After that,
the voters list shall be made available for examination to persons indicated in
Clause 5 Article 21 of this Federal Law.
6. The
chairman, the deputy chairman or the secretary of a precinct election
commission shall check and announce the following data and then enter this data
in lines 1 and 2 of the protocol of voting returns and in its oversize version:
(a) the number
of voters in the voters list as of the end of voting;
(b) the number
of ballots received by the precinct election commission.
7. The
following data shall be announced and entered in lines 13, 14, 15 of the
protocol of voting returns and in its oversize version:
(a) the number
of absentee certificates received by the precinct election commission;
(b) the number
of absentee certificates issued by the precinct election commission to voters
of the electoral precinct;
(c) the number
of voters who voted in the electoral precinct on the basis of absentee
certificates.
8. Then, the
following data shall be announced and entered in lines 3, 5, and 6 of the
protocol of voting returns and in its oversize version:
(a) the number
of ballots issued to voters at the voting premises on voting day;
(b) the number
of ballots issued to voters who voted outside the voting premises;
(c) the number
of ballots issued to voters who voted early in accordance with Clauses 2 - 9
Article 66 of this Federal Law.
9. After this,
the chairman or the secretary of a precinct election commission shall take
steps to ensure the safekeeping of the voters list and make it inaccessible to
persons participating in vote counting. No further work shall be carried out on
the voters list until the control relationships of data entered in the protocol
of voting returns are checked as provided by Clause 22 of this Article.
10. Votes cast
by voters shall be counted directly by the voting members of a precinct
election commission from the ballots in the ballot boxes.
11. Non-voting
members of a precinct election commission, persons listed in Clause 5 Article
21 of this Federal Law shall be entitled to be present at vote counting.
12. Direct
counting of votes shall be carried out at the voting premises in places
arranged so as to be accessible for the voting and non-voting members of a
precinct election commission. While counting votes members of a precinct
election commission, with the exception of the chairman (deputy chairman) and
the secretary of a precinct election commission, shall not use any writing
utensils. At such time, all persons present at vote counting must have a
possibility to observe the actions of members of the precinct election
commission.
13. In the
course of direct counting of votes a 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. At first,
it shall be necessary to count ballots in the mobile ballot boxes: first in the
boxes containing ballots left by voters who voted early, then in the boxes
containing ballots left by voters who voted outside the voting premises on
voting day. Before each mobile ballot box is opened the number of voters who
voted with the use of the given mobile ballot box shall be announced and then
the chairman of a precinct election commission shall ask the commission members
and other persons present at vote counting to check the integrity of the seals
on the box. Ballots shall be counted in such a way as to avoid violating the
secrecy of voting; non-standard ballots shall be placed separately. The number
of standard ballots taken out of the mobile boxes shall be announced and
entered in line 7 of the protocol of voting returns and in its oversize
version. If the number of standard ballots in a mobile ballot is found to be
larger than the number of notes in the voters list indicating that the voters
voted early or larger than the number of applications of voters marked to
certify receipt of ballots, all ballots in the given mobile ballot box shall be
invalidated by the 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 surnames and initials of the members
of the election commission who conducted early voting, voting outside the
voting premises using this mobile ballot box. The number of ballots invalidated
in this case shall be entered in line 11 of the protocol of voting returns and
in its oversize version and shall not be reckoned in direct vote counting. Such
ballots shall be packed in a separate sealed bundle.
15. The
stationary ballot boxes shall be opened after the seals thereon are checked and
found intact.
16. The voting
members of a precinct election commission shall sort out the ballots taken out
of the mobile and stationary ballot boxes into separate bundles according to
the votes cast for each registered candidate, and against all candidates; at
the same time, they shall separate ballots which do not conform to the standard
format and invalid ballots. While sorting out the ballots, the voting members
of the precinct election commission shall read aloud the notes made by voters
on ballots and show ballots to all persons present at vote 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 on the
standard ballots. Not less than two voting members of a precinct election
commission shall count the ballots in accordance with the votes cast for each
registered candidate and the votes cast "Against all candidates." The
counts shall be first announced and then entered in line 18 and subsequent
lines of the protocol of voting returns and its oversize version.
18. Invalid
ballots shall be counted and summed up separately. The total number of invalid
ballots, including the ballots invalidated on the basis of Clause 14 of this
Article, shall be announced and entered in line 10 of the protocol of voting
returns and its oversize version. The number of invalid ballots where none of
the options are marked shall be entered in line 12 of the protocol and its
oversize version. Ballots shall be invalidated if they make it impossible to
establish the expression of a voter's will, specifically the ballots wherein a
mark (marks) was (were) put in more than one box or in none of the boxes. If
any doubts arise in pronouncing a ballot invalid, a precinct election
commission shall decide the matter by voting and the reasons for invalidating
the ballot shall be indicated on the back of the ballot. This inscription shall
be certified by signatures of not less than three voting members of the
commission and its seal.
19. After
counting the invalidated ballots the voting members of a precinct election commission
shall sum up the data of line 18 and the subsequent lines of the protocol of
voting returns, announce the number of valid ballots and enter this number in
line 9 of the protocol of voting returns and its oversize version.
20. The voting
members of a precinct election commission shall count the number of standard
ballots in the stationary ballot boxes, announce this number and enter it in
line 8 of the protocol of voting returns and in its oversize version.
21. Non-voting
members of a precinct election commission, observers, foreign (international)
observers may examine the sorted out ballots under the supervision of the
voting members of the precinct election commission.
22. After the
ballots have been counted, a check shall be made using the control
relationships between the data entered in the protocol of voting returns (Annex
4). If the control relationships fail to coincide, a precinct election
commission shall carry out additional counting of votes for all or some of the
lines of the protocol of voting returns, including additional counting of
ballots. If changes have to be made in the protocol of voting returns as a
result of additional counting, a new blank form of the protocol shall be
completed and the necessary changes shall be made in its oversize version. The
protocol of voting returns completed earlier shall be attached to the first
copy of the protocol of voting returns of a precinct election commission.
23. After the
counting is completed the ballots shall be packed in separate bundles according
to the registered candidates for which votes were cast in the ballots. Separate
bundles shall contain ballots in which votes were cast against all candidates
and invalidated and cancelled ballots. Each bundle shall be marked to indicate
the quantity of ballots in the bundle, the name of the registered candidate
marked in these ballots or shall be marked "Invalidated ballots,"
"Against all candidates." The ballots packed as above shall be placed
in bags or boxes which shall be marked to indicate the number of the electoral
precinct, the number of ballots. The bags or boxes shall be sealed and may be
opened only by the decision of a higher-level election commission or a court.
Voting and non-voting members of a precinct election commission may put their
signatures on these bags or boxes.
24. The
protocol of voting returns shall be completed in three copies and shall be
signed by all present voting members of a precinct election commission.
25. If some voting
members of a precinct election commission are absent when the protocol of
voting returns is completed, a note to this effect shall be made in the
protocol indicating the reason for their absence. The protocol shall be valid
if it is signed by the majority of the established number of voting members of
a precinct election commission.
26. The
protocol of voting returns shall not be completed with a pencil and no changes
shall be made therein. At the signing of the protocol voting members of a
precinct election commission who dissent from the contents of the protocol may
attach their dissenting opinion to the protocol and a note to this effect shall
be made in the protocol.
27. Upon the
request of any member of a precinct election commission and persons indicated
in Clause 5 of Article 21 this Federal Law, immediately after the protocol of
voting returns (including a redrafted protocol) is signed the precinct election
commission shall provide a copy of the protocol of voting returns to these
persons or allow them to copy the protocol and shall certify the copy.
28. After the
protocol of voting returns was signed by all present voting members of the
precinct election commission and after its copies were, on their request,
issued to or certified for all persons present at vote counting from among
persons indicated in Clause 5 Article 21 of this Federal Law the first copy of
the protocol of voting returns of the precinct election commission shall be,
without delay, forwarded to the territorial commission and shall not be
returned to the precinct election commission. Precinct election commissions
formed outside the territory of the Russian Federation shall forward the first
copy of the protocol of voting returns together with attached documents
directly to the Central Election Commission of the Russian Federation. Attached
to the first copy of the protocol of voting returns shall be dissenting
opinions of voting members of a precinct election commission, complaints
(statements) about violations of this Federal Law received by the precinct
election commission, decisions taken by the precinct election commission on
these complaints (statements) as well as the commission's acts, records and
journals. The certified copies of these documents and decisions of a precinct
election commission shall be attached to the second copies of the protocol.
29. The second
copy of the protocol of voting returns together with the electoral
documentation provided for by this Federal Law, including sealed ballots and
lists of non-voting members of a precinct election commission, persons
indicated in Clause 5 of Article 21 of this Federal Law who were present at the
tabulation of voting returns and compilation of the protocol, as well as the
seal of a precinct election commission shall be kept by the secretary of the
precinct election commission under a seal in a guarded room until the
commission finishes its work. The electoral documentation including sealed
ballots shall be handed over to the territorial commissions not later than five
days after official publication of the general results of the election of the
President of the Russian Federation.
30. The third
copy of the protocol shall be shown to persons indicated in Clause 5 Article 21
of this Federal Law and then shall be posted for examination by general public
in a place designated by a precinct election commission. Five days after voting
day the third copy of the protocol shall be handed over to the territorial
election commission.
31. If the
necessary technical equipment is available, subject to a decision of the
election commission of the Subject of the Russian Federation and approval by
the Central Election Commission of the Russian Federation of the use of
technical devices (including ballot scanners) for counting votes, territorial
election commissions shall determine electoral precincts where such technical
devices may be used. The voting returns tabulated with the aid of the said
technical devices shall be regarded as preliminary information which has no
legal force.
32. When
technical devices are used for vote counting, no vote counting data shall be
disclosed until the end of voting at the voting premises, with the exception of
the data concerning voter turnout.
33. If the
necessary equipment is available, immediately after the protocol of voting
returns is signed by the members of a precinct election commission formed in
electoral precincts on a ship at sea, at a polar station, in a remote or
hard-to-reach area or outside the territory of the Russian Federation the data
of the protocol shall be transmitted via technical communication channels to
the higher-level election commission. It is mandatory that subsequently, at the
earliest opportunity, the first copy of the protocol of voting returns and all
electoral documentation, including ballots, be handed over to the higher-level
election commission directly or through diplomatic and consular missions of the
Russian Federation abroad or by some other means ensuring preservation of the
electoral documentation and its proper delivery.
34. The
procedure for using a technical system for transmission of information
concerning the election, the manner and time of transmission, processing and
utilization of this information, including the data of the protocols of voting
returns transmitted over technical communication channels, shall be decided by
the Central Election Commission of the Russian Federation.
35. If, after
the protocol of voting returns was signed and its first copy was delivered to
the territorial election commission, a precinct election commission which had
drawn up the protocol detects inaccuracies therein (a slip of the pen, a
misprint or an error in data summation) it shall call a meeting to consider the
question of making corrections in the protocol. In its announcement about this
meeting to be made in accordance with Clause 2 Article 21 of this Federal Law
the precinct election commission shall state that it is going to consider this
matter at the meeting. The decision taken by the precinct election commission
shall be made known by the commission to its non-voting members, observers and
other persons who were present when the previously approved protocol was drawn
up as well as to media representatives. In this case, the precinct election
commission shall draw up a protocol of voting returns marked with the word
"Corrected." This protocol shall be promptly forwarded to the
territorial election commission. The protocol of voting returns submitted to a
territorial election commission earlier shall be attached to the corrected
protocol.
Article
70. Tabulation of Voting Returns by a Territorial Election Commission
1. Based on the
data of the protocols of voting returns of precinct election commissions,
including the data transmitted via technical communication channels from
precinct election commissions formed in electoral precincts on ships at sea, at
polar stations, in remote and hard-to-reach areas or outside the territory of
the Russian Federation a territorial election commission, after making sure
that the protocols are drawn up correctly, shall, not later than two days after
voting day, tabulate the voting returns for the given territory by summing up
all data contained in the protocols. The data of the protocols of voting
returns of precinct election commissions shall be summed up directly by the
voting members of a territorial election commission. This may be observed by
the persons indicated in Clause 5 Article 21 of this Federal Law.
2. On the basis
of the voting returns, a territorial election commission shall draw up a
protocol of voting returns for the given territory indicating:
(a) the number
of precinct election commissions in the given territory;
(b) the number
of protocols of voting returns of precinct election commissions on the basis of
which the protocol of a territorial election commission is drawn up;
(c) the
summarized data for all lines of protocols of voting returns of precinct
election commissions established by Clauses 2 and 3 Article 68 of this Federal
Law.
3. The protocol
of voting returns of a territorial election commission shall be made in
triplicate and signed by all present voting members of the territorial election
commission. The following documents shall be attached to each copy of the
protocol:
(a) the summary
table of voting returns for the given territory, including the complete data of
all protocols of voting returns received from the precinct election
commissions;
(b) the records
and acts certifying receipt of ballots by the territorial election commission,
transfer of ballots to precinct election commissions, cancellation of unused
ballots kept by the territorial election commission, with the indication of the
number of such ballots;
(c) the records
certifying issuance of absentee certificates to voters by the territorial
election commission, transfer of absentee certificates to precinct election
commissions and, in the event of the repeat voting, cancellation of unused
absentee certificates, with the indication of the number of such certificates.
4. The summary
tables, the records and acts shall be signed by the chairman and the secretary
of a territorial election commission. Any voting member of a territorial
election commission 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, in that case, a note to this effect shall be made
in the protocol.
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
taken thereon shall be attached to the first copy of the protocol. Certified
copies of dissenting opinions, complaints (statements) and decisions of the
territorial election commission shall be attached to the second copy of the
protocol.
6. Once signed
by all voting members of a territorial election commission present, the first
copy of the protocol of voting returns of the territorial election commission
along with the protocols of precinct election commissions and the first copy of
the summary table and the records and acts indicated in Clause 3 of this
Article shall be, without delay, forwarded to the election commission of the
Subject of the Russian Federation and shall not be returned to the territorial
election commission.
7. The second
copy of the protocol of voting returns of a territorial election commission
along with the second copy of the summary table of voting returns and the
records and acts indicated in Clause 3 of this Article and the lists of
non-voting members of the election commission and persons indicated in Clause 5
Article 21 of this Federal Law, who were present when the voting returns were
tabulated and the protocol was drawn up, shall be kept by the secretary of the
territorial election commission in a guarded room until the commission finishes
its work or, if the territorial commission works on a permanent basis, until
these documents are handed over to the election commission of the Subject of
the Russian Federation after official publication of the general results of the
election of the President of the Russian Federation.
8. The third
copy of the protocol of voting returns of a territorial election commission
along with the third copy of the summary table and the records and acts
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-level election commissions, persons indicated in Clause 5
Article 21 of this Federal Law. Then the third copy of the protocol shall be
displayed for general observation at the place to be designated by a
territorial election commission. Five days after voting day the third copy of
the protocol, summary table of voting returns shall be transferred to the
election commission of the Subject of the Russian Federation.
9. If, after
the protocol of voting returns of a territorial election commission and/or the
summary table was/were signed and their first copies were sent to the election
commission of the Subject of the Russian Federation, the territorial election
commission which had drawn up the protocol, summary table finds an inaccuracy
(including a slip of the pen, a misprint, an error in the summation of the data
of protocols of precinct election commissions), it shall call a meeting to
consider the question of correcting the protocol and/or the summary table. In
its announcement about this meeting to be made in accordance with Clause 2,
Article 21 of this Federal Law the territorial election commission shall
indicate that it is going to consider this matter. It shall be mandatory that the
territorial commission make its decision known to its non-voting members,
observers and other persons who were present when the previously approved
protocol was drawn up as well as to media representatives. In this case, the
territorial election commission shall draw up a protocol of voting returns
ad/or summary table and mark it with the word "Corrected." This
protocol and/or summary table shall be, without delay, forwarded to the
election commission of the Subject of the Russian Federation.
10. Upon detection
of errors, inconsistencies in the protocol of voting returns and when doubts
arise as to the correctness of a protocol received from a precinct election
commission a territorial election commission may resolve that a precinct
election commission carry out vote recounting or that the given territorial
commission itself recount the votes cast by voters in the given electoral
precinct.
11. Votes shall
be recounted in the presence of a voting member (members) of the territorial
election commission by the election commission which drew up and approved the
protocol being verified or by the commission that resolved that votes be
recounted. The election commission which is to recount votes shall inform about
the recounting the members of the given precinct election commission,
registered candidates or their agents, persons indicated in Clause 2 Article 21
of this Federal Law, who are entitled to be present at vote recounting. On the
basis of the results of vote recounting the election commission which carried
out the recounting shall draw up a protocol of voting returns and mark it with
the words "Votes recounted." If the protocol is drawn up by a
precinct election commission, it shall be immediately forwarded to the
territorial election commission. The protocol of voting returns submitted by
the precinct election commission earlier shall be attached to this protocol.
Article
71. Tabulation of Voting Returns by the Election Commission of the Subject of
the
1. Based on the
data of the first copies of the protocols of voting returns of the territorial
election commissions the election commission of the Subject of the Russian
Federation, after making sure that the protocols are drawn up correctly, shall,
not later than four days after voting day, tabulate the voting returns for the
given Subject of the Russian Federation by summing up the data contained in the
protocols. The data contained in the protocols of voting returns of the
territorial election commissions shall be summed up directly by the voting
members of the election commission of the Subject of the Russian Federation.
2. On the basis
of the protocols of voting returns of the territorial election commissions the
election commission of the Subject of the Russian Federation shall draw up a
protocol of voting returns in the territory of the given Subject of the Russian
Federation indicating:
(a) the number
of territorial election commissions in the territory of the Subject of the
Russian Federation;
(b) the number
of the protocols of voting returns received from the territorial election
commissions, on the basis of which the given protocol of voting returns is
drawn up;
(c) the
summarized data for all lines of the protocols of voting returns of the
territorial election commissions.
3. The protocol
of voting returns of the election commission of the Subject of the Russian
Federation shall be made in triplicate and signed by all present voting members
of the election commission of the Subject of the Russian Federation, indicating
the date and time (hour and minutes) when the protocol was drawn up. The
following documents shall be attached to each copy protocol:
(a) the summary
table of voting returns, including the complete data of all protocols of voting
returns received from the territorial election commissions;
(b) the records
and acts certifying receipt of ballots by the election commission of the
Subject of the Russian Federation, transfer of the ballots to the territorial
and precinct election commissions, cancellation of unused ballots kept by the
election commission of the Subject of the Russian Federation, with the
indication of the number of such ballots;
(c) the records
certifying issuance of absentee certificates to territorial election
commissions and, in the event of the repeat voting, cancellation of unused
absentee certificates, with the indication of the number of such certificates.
4. The summary
table and the records and acts indicated in Clause 3 of this Article shall be
signed by the chairman and the secretary of the election commission of the
Subject of the Russian Federation. Any voting member of the election commission
of the Subject of the Russian Federation who does not agree with the protocol
of voting returns in full or with certain provisions thereof shall be entitled
to attach his/her dissenting opinion to the protocol and, in that case, a note
to this effect shall be made in the protocol.
5. Dissenting
opinions of members of the election commission of the Subject of the Russian
Federation, complaints (statements) about violations of this Federal Law
received by this election commission as well as its decisions taken thereon
shall be attached to the first copy of the protocol. Certified copies of
dissenting opinions, complaints (statements) and decisions of this election
commission shall be attached to the second copy of the protocol.
6. Once signed
the first copy of the protocol of voting returns of the election commission of
the Subject of the Russian Federation, the first copies of the summary table
and the records and acts indicated in Clause 3 of this Article shall be,
without delay, forwarded to the Central Election Commission of the Russian
Federation and shall not be returned to the election commission of the Subject
of the Russian Federation.
7. The second
copy of the protocol of voting returns of the election commission of the
Subject of the Russian Federation along with the second copies of the summary
table and the records and acts indicated in Clause 3 of this Article, the lists
of non-voting members of the election commission of the Subject of the Russian
Federation and persons indicated in Clause 5 Article 21 of this Federal Law,
who were present when the voting returns were tabulated and the protocol was
drawn up, the protocols of the territorial and precinct election commissions
and other documentation provided for by this Federal Law shall be kept by the
secretary of the election commission of the Subject of the Russian Federation.
8. The third
copy of the protocol of voting returns of the election commission of the
Subject of the Russian Federation along with the third copies of the summary
table and the records and acts indicated in Clause 3 of this Article shall be
given for examination and copying to members of the election commission of the
Subject of the Russian Federation and non-voting members of the Central
Election Commission of the Russian Federation, persons indicated in Clause 5
Article 21 of this Federal Law. and shall be posted for general observation at
the place to be designated by the election commission of the Subject of the
Russian Federation
9. If, after
the protocol of voting returns of the election commission of the Subject of the
Russian Federation and/or the summary table was/were signed and their first
copies were sent to the Central Election Commission of the Russian Federation,
the election commission of the Subject of the Russian Federation which had
drawn up the protocol, summary table finds an inaccuracy (including a slip of
the pen, a misprint, an error in the summation of the data of protocols of
territorial election commissions), the election commission of the Subject of
the Russian Federation shall call a meeting to consider the question of
correcting the protocol and/or the summary table. In its announcement about
this meeting to be made in accordance with Clause 2 Article 21 of this Federal
Law the election commission of the Subject of the Russian Federation shall
indicate that it is going to consider this matter. It shall be mandatory that
the election commission of the Subject of the Russian Federation 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 election commission of the Subject of the
Russian Federation shall draw up a protocol of voting returns and/or a summary
table and mark it with the word "Corrected." This protocol and/or
summary table shall be, without delay, forwarded to the Central Election
Commission of the Russian Federation. The protocol and/or summary table
submitted to the Central Election Commission of the Russian Federation earlier
shall be attached to the corrected protocol and/or corrected summary table.
10. Upon
detection of errors, inconsistencies in the protocols of voting returns and
when doubts arise as to the correctness of protocols received from the
lower-level election commissions the election commission of the Subject of the
Russian Federation may resolve that the votes cast by voters in the given
electoral precinct, territory be recounted.
11. In the case
indicated in Clause 10 of this Article votes shall be recounted in the presence
of a voting member (members) of the election commission of the Subject of the
Russian Federation by the election commission which drew up and approved the
protocol being verified or by a higher-level territorial election commission,
election commission of the Subject of the Russian Federation. The election
commission which is to recount votes shall inform about the recounting the
members of the given election commission, registered candidates or their
agents, persons indicated in Clause 2 Article 21 of this Federal Law, who are
entitled to be present at vote recounting. On the basis of the results of vote
recounting the election commission which carried out the recounting shall draw
up a protocol of voting returns and mark it with the words "Votes
recounted." If this protocol was drawn up by a lower-level election
commission, it shall be immediately forwarded to the election commission of the
Subject of the Russian Federation. The protocol of voting returns submitted by
a precinct, territorial election commission earlier shall be attached to the
protocol drawn up on the basis of vote recounting.
Article
72. Determination of the Results of the Election of the President of the
1. Based of the
data contained in the protocols of voting returns of the election commissions
of the Subjects of the Russian Federation and the protocols of voting returns
of precinct election commissions formed in electoral precincts located outside
the territory of the Russian Federation, including the data transmitted over the
technical communication channels from the said precinct election commissions,
the Central Election Commission of the Russian Federation after making sure
that the protocols are drawn up correctly shall sum up the data of the
protocols and determine the results of the election of the President of the
Russian Federation within ten days of voting day. The data of the protocols of
election commissions shall be summed up directly by the voting members of the
Central Election Commission of the Russian Federation.
2. The results
of the election of the President of the Russian Federation shall be recorded by
the Central Election Commission of the Russian Federation in a protocol which
shall contain the following data:
(a) the number
of the election commissions of the Subjects of the Russian Federation;
(b) the number
of precinct election commissions formed in electoral precincts which are
located outside the territory of the Russian Federation;
(c) the number
of the protocols of the election commissions of the Subjects of the Russian
Federation, on the basis of which the given protocol was drawn up;
(d) the number
of the protocols of voting returns of precinct election commissions formed in
electoral precincts which are located outside the territory of the Russian
Federation, on the basis of which the given protocol was drawn up;
(e) the
summarized data for the Russian Federation for all lines of the protocols of
voting returns of the election commissions of the Subjects of the Russian
Federation and the precinct election commissions formed in electoral precincts
which are located outside the territory of the Russian Federation;
(f) the first,
middle and last name of the registered candidates put on the ballot, and, if
they coincide, other data of the registered candidates;
(g) the number
of votes cast for each registered candidate;
(h) the number
of votes cast against all registered candidates.
3. A registered
candidate shall be deemed elected if he/she received more than a half of the
votes cast by voters who took part in the voting. The number of voters who took
part in the voting shall be determined from the number of standard ballots
found in the ballot boxes.
4. The Central
Election Commission of the Russian Federation shall declare the election of the
President of the Russian Federation to have not taken place if:
(a) less than a
half of the voters included in the voters lists took part in the election by
the end of the voting time (the number of voters who took part in the voting
shall be determined by summing up the numbers in lines 3, 5 and 6 of the
protocol of the Central Election Commission of the Russian Federation on the
results of the election of the President of the Russian Federation);
(b) the number
of votes cast for the registered candidate who polled the largest number of
votes in relation to the other registered candidate (other candidates) is less
than the number of votes cast against all candidates.
5. The Central
Election Commission of the Russian Federation shall declare the election of the
President of the Russian Federation null and void:
(a) if
violations committed during the voting or tabulation of voting returns do not
allow the results of the expression of the voters will to be reliably
determined;
(b) if the
number of electoral precincts where the voting returns were declared null and
void is not less than one-fourth of the total number of electoral precincts;
(c) by a court
decision.
6. The election
of the President of the Russian Federation shall not be declared null and void
because of violations of this Federal Law which are conducive to the election
of registered candidates who have not been elected according to voting returns
and have not received a sufficient number of votes to participate in the repeat
voting, or violations which aimed to encourage or encouraged voters to vote for
registered candidates who have not been elected according to voting returns and
have not received a sufficient number of votes to participate in the repeat
voting.
7. The protocol
of the results of the election of the President of the Russian Federation shall
be drawn up by the Central Election Commission of the Russian Federation and
signed by all present voting members of the Central Election Commission of the
Russian Federation. Attached to the protocol shall be the summary table
including the complete data of all protocols of voting returns received from
the election commissions of the Subjects of the Russian Federation and the
protocols of voting returns received from the precinct election commissions
formed in the electoral precincts which are located outside the territory of
the Russian Federation.
8. Any voting
member of the Central Election Commission of the Russian Federation who does
not agree with the protocol of the results of the election of the President of
the Russian Federation in full or with certain provisions thereof shall be
entitled to attach his/her dissenting opinion to the protocol and a note to
this effect shall be made in the protocol. Complaints (statements) about
violations of this Federal Law received by the Central Election Commission of
the Russian Federation and the decisions taken thereon shall also be attached
to the protocol.
9. Certified
copies of the protocol of the results of the election of the President of the
Russian Federation and of the summary table shall be circulated to all members
of the Central Election Commission of the Russian Federation, persons indicated
in Clause 1 Article 21 of this Federal Law, media representatives who were
present when the results of the election of the President of the Russian
Federation were determined.
10. If, after
the protocol of the results of the election of the President of the Russian
Federation and/or the summary table was/were signed, the Central Election
Commission of the Russian Federation finds an inaccuracy in these documents
(including a slip of the pen, a misprint, an error in the summation of the data
of the protocols of lower-level election commissions), the Central Election
Commission of the Russian Federation shall call a meeting to consider the
question of correcting the protocol and/or the summary table. In its
announcement about this meeting to be made in accordance with Clause 2 Article
21 of this Federal Law the Central Election Commission of the Russian
Federation shall indicate that it is going to consider this matter at the
meeting. The decision taken by the Central Election Commission of the Russian Federation
shall be made known by the commission to its non-voting members, other persons
who were present when the previously approved protocol was drawn up as well as
to media representatives.
11. Upon
detection of errors, inconsistencies in the protocols of voting returns and
when doubts arise as to the correctness of the protocols received from the
election commissions of the Subjects of the Russian Federation the Central
Election Commission of the Russian Federation may resolve that votes cast in
the corresponding electoral precinct, territory, Subject of the Russian
Federation be recounted.
12. In the case
indicated in Clause 11 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 to be verified or by a higher-level election commission or by
the Central Election Commission of the Russian Federation. The election
commission which is to recount votes shall inform about the recounting the
members of the given election commission, registered candidates or their
agents, other persons indicated in Clause 2 Article 21 of this Federal Law, who
are entitled to be present at vote recounting. On the basis of the results of
vote recounting the election commission which carried out the recounting shall
draw up a protocol of voting returns marked with the words "Votes
recounted." The protocol of voting returns submitted earlier shall be attached
to the protocol drawn up on the basis of vote recounting.
Article
73. Repeat Voting in the Election of the President of the
1. If more than
two registered candidates were put on a ballot and none of them was elected
President of the Russian Federation according to the results of the general
election, the Central Election Commission of the Russian Federation shall
declare the repeat voting in the election of the President of the Russian
Federation on the two candidates who polled the maximum number of votes.
2. The repeat
voting shall be held 21 days after voting day in the general election in
compliance with the requirements of this Federal Law, save the requirement set
forth in Clause 3 and Sub-clause "a" Clause 4 Article 72 of this
Federal Law. An announcement about the repeat voting shall be published in the
mass media not later than two days after the corresponding decision was taken
by the Central Election Commission of the Russian Federation.
3. If, prior to
the repeat voting, one of the registered candidates on whom the repeat voting
is to be held withdrew his/her candidature, the Central Election Commission of
the Russian Federation shall, by its decision, recognize as a second candidate
for the repeat voting the registered candidate who polled the maximum number of
votes in the general election after the candidates for whom the Central
Election Commission of the Russian Federation initially declared the repeat
voting. In this case, the repeat voting shall be held on the first Sunday upon
the elapse of 14 days from the day on which an application was submitted
according to Clause 2 Article 43 of this Federal Law.
4. According to
the results of the repeat voting that registered candidate shall be deemed to
have been elected to the office of President of the Russian Federation who
received more votes cast by voters who took part in the voting than the other
registered candidate, provided that the number of votes cast for the registered
candidate who received more votes is larger than the number of votes cast
against all candidates.
5. The repeat
voting may be held on one candidature if only one registered candidate remains
after withdrawal of registered candidates. In this case, the registered
candidate shall be deemed to have been elected to the office of President of
the Russian Federation if he/she receives not less than 50 percent of votes
cast by voters who took part in the voting.
Article
74. Repeat Election of the President of the
1. If the
election of the President of the Russian Federation was declared to have not
taken place or null and void or if, as of the day of the repeat voting, both
registered candidates on whom the repeat voting was declared withdrew their
candidatures or if neither registered candidate was elected to the office of
President of the Russian Federation as a result of the repeat voting, the
Federation Council of the Federal Assembly of the Russian Federation shall call
the repeat election of the President of the Russian Federation.
2. Voting in
the repeat election of the President of the Russian Federation shall be held
not later than four months after the day of the initial election or not later
than three months after the day on which the election was declared to have not
taken place or null and void.
3. Nomination
and registration of candidates, other electoral actions connected with the
repeat election of the President of the Russian Federation shall be carried out
in a procedure established by this Federal Law. In the event of the repeat
election the periods for the performance of electoral actions established by
this Federal Law may be reduced by a decision of the Central Election
Commission of the Russian Federation, but by not more than one-third. The
announcement about the repeat election shall be published in the mass media not
later than five days after the corresponding decision is taken.
4. In the event
of the repeat election of the President of the Russian Federation candidates
whose actions (inaction) served as a reason for declaring the general election
or the election in the repeat voting null and void shall not be eligible for
repeated nomination.
5. The Central
Election Commission of the Russian Federation may decree that the powers of
territorial and precinct election commissions be extended or new territorial
and precinct election commissions be formed for the repeat election in a
procedure established by Article 14 of this Federal Law.
Article
75. Publication of the Voting Returns and the Results of the Election of the
President of the
1. Voting
returns for each electoral precinct, each territory, each Subject of the
Russian Federation, the results of the election of the President of the Russian
Federation within the scope of the data contained in the protocols of any
election commission and election commissions of the next lower level shall be
made available for examination to all voters, registered candidates and their
authorized representatives for financial matters and agents, authorized
representatives of electoral associations, electoral blocs, initiative voters'
groups, observers, foreign (international) observers, media representatives on
their request immediately after the protocols of voting returns, election
results were signed by the election commission from which this data was
requested. The said data shall be provided by the appropriate election
commission.
2. The Central
Election Commission of the Russian Federation shall release the general data on
the results of the election of the President of the Russian Federation to the
mass media within one day after the election results were determined.
3. The election
commission of the Subject of the Russian Federation shall, within two weeks
after voting day, officially publish the data contained in the protocols of
voting returns of all territorial and precinct election commissions in regional
state-run periodicals. Subject to official publication shall be all data contained
in the protocols of each precinct election commission. If vote recounting was
carried out in some electoral precincts, territories and the results of the
recounting were received by the election commission of the Subject of the
Russian Federation past this deadline, the election commission of the Subject
of the Russian Federation shall officially publish the corrected data within a
week after this data was accepted on the basis of a corresponding decision.
4. The results
of the election of the President of the Russian Federation as well as the data
on the number of votes received by each registered candidate, the number of
votes cast against all candidates shall be officially published by the Central
Election Commission of the Russian Federation in the mass media not later than
three days after it signs the protocol of the results of the election of the
President of the Russian Federation . Within three weeks of voting day, the
Central Election Commission of the Russian Federation shall officially publish
the complete data of the protocols of voting returns of all election
commissions of the Subjects of the Russian Federation in its official bulletin.
5. Within two
months of voting day, the Central Election Commission of the Russian Federation
shall publish the information about the voting returns and the results of the
election of the President of the Russian Federation in its official bulletin,
including complete data of the protocols of voting returns and election results
of all election commissions with the exception of precinct commissions.
Article
76. Use of the State Automated Information System
1. The state
automated information system or its separate technical facilities may be used
in the election of the President of the Russian Federation, specifically, in
the registration of voters, compilation of voters lists, tabulation of voting
returns and determination of election results for prompt reception,
transmission and processing of information. The requirements to the state
automated information system and the rules for its use shall be established by
the Central Election Commission of the Russian Federation.
2. If the
appropriate equipment is available, immediately after the protocol of voting
returns is signed its data shall be transmitted in an electronic form to the
higher-level election commission via technical communication channels of the
state automated information system, with mandatory subsequent submission of the
first copy of the protocol of voting returns, protocol of election results to
the higher-level election commission.
3. If the state
automated information system or some of its technical facilities are to be used
in the election, the election commission shall, by its decision, form a
supervisory group consisting of voting and non-voting members of the commission
to supervise the use of the state automated information system or its separate
technical facilities. This supervisory group shall check the operational
readiness of the system facilities; exercise control over proper entry of data
from the protocols of the election commission, over proper re-entry or
correction of entered data subject to a decision of the election commission;
monitor compliance with the requirements of this Federal Law, instructions and
other documents of the Central Election Commission of the Russian Federation
concerning the use of the state automated information system, including ballot
scanners or other technical facilities for vote counting; check documentation
of the actions prescribed by the rules and plans of the election commission
(entries in the journal, records, acts, computer printouts certified by the
signatures of the supervisory group members). The supervisory group may engage
specialists in the field of automated data processing systems.
4. All members
of the election commission, observers shall have the right to examine any
information entered into and retrieved from the state automated information
system.
5. Voting and
non-voting members of the election commission who are included in the
supervisory group shall have the same rights, such as the right to examine any
information transmitted to the given election commission via technical
communication channels; inspect the technical documentation of the state automated
information system; require explanations of their actions from the operating
personnel of the state automated information system; compare the results of the
manual and automated data processing; receive the data of the protocols of
voting returns, election results and the corresponding summary tables recorded
on machine readable carriers provided by them. If any irregularities or
unlawful actions are discovered on the part of the operating personnel of this
system or observers, the supervisory group shall inform about such
irregularities and actions the chairman of the election commission and shall
make proposals aimed at their correction. The results of inspections carried
out by the supervisory group shall be recorded in the documents of the information
center (service) of the given election commission.
6. From the
beginning of voting and up to the time when the election commission signs the
protocol of voting returns the state automated information system in which the
data are transmitted form lower-level election commissions to higher-level
election commissions shall be used for monitoring the progress and results of
voting. During this period transmission of any data from the information
centers, services of higher-level election commissions to the information
centers, services of lower-level election commissions shall not be allowed,
except for the signals acknowledging receipt of information.
7. The data on
the progress of voting and its results received through the state automated
information system shall be regarded as preliminary information of no legal
significance.
8. The
available computer printout containing the data entered into the state
automated information system shall be attached to the protocol of the election
commission kept by the secretary of the election commission. The authenticity
of the data contained in the computer printout shall be certified by the
signatures of members of the supervisory group and the person responsible for
data entry.
9. The data on
the voter turnout in the election of the President of the Russian Federation,
preliminary and final voting returns entered into the state automated
information system shall be readily accessible (in the "read only"
mode) to the users of the public information-communication networks in a
procedure established by the Central Election Commission of the Russian
Federation.
Article
77. Safekeeping of Electoral Documentation
1. Documents of
precinct election commissions (including ballots) and territorial election
commissions shall be kept in guarded rooms and shall be handed over to election
commissions of the next higher level not later than the date on which the
powers of the precinct, territorial election commissions expire.
2. Documents of
the election commissions of the Subjects of the Russian Federation and the
Central Election Commission of the Russian Federation together with the
documents which have been transferred to them for safekeeping from lower-level
election commissions shall be kept by these commissions for periods established
by Russian Federation law.
3. The
safekeeping period for ballots, absentee certificates, detachable coupons of
absentee certificates, voters lists shall be not less than one year after the
day of official publication of the election results, for protocols of voting
returns, election results and summary tables of election commissions - not less
than one year after the day on which the decision to call (hold) the next main
election of the President of the Russian Federation was officially published.
Financial reports of election commissions, final financial reports of
registered candidates shall be kept for not less than one year after the day on
which the decision to call the next main election of the President of the
Russian Federation was officially published.
4. Ballots,
absentee certificates, detachable coupons of absentee certificates, voters
lists , protocols of voting returns, election results of election commissions
and the documents attached thereto, summary tables, financial reports of
election commissions, final financial reports of registered candidates shall be
documents of strict accountability. The chairman (deputy chairman) and the
secretary of an election commission shall be responsible for the preservation of
electoral documentation until the documentation is handed over to the
higher-level election commission or to the archives.
Chapter X.
INAUGURATION OF THE PRESIDENT OF THE
Article
78. Inauguration of the President of the
The President
of the Russian Federation elected in accordance with the Constitution of the
Russian Federation and this Federal Law shall be inaugurated upon the elapse of
four years since the day of the inauguration of the President of the Russian
Federation elected in the previous election or, in the event of the early
election or if the repeat election of the President of the Russian Federation
was declared before the last day of the four-year period elapsing from the day
of the inauguration of the President of the Russian Federation elected in the
previous election,. on the thirtieth day after the day on which the Central
Election Commission of the Russian Federation officially publishes the general
results of the election of the President of the Russian Federation.
Chapter XI.
COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL RIGHTS, RESPONSIBILITY FOR VIOLATION
OF ELECTORAL RIGHTS OF CITIZENS
Article
79. Appealing Decisions and Actions (Inaction) Which Violate Electoral Rights
of Citizens
1. Decisions
and actions (inaction) which violate electoral rights of citizens may be
appealed by voters, candidates, registered candidates, electoral associations,
electoral blocs, other public associations, agents of registered candidates,
observers and election commissions. If the violations indicated in the appeal
(appeals) affect a large number of citizens or if the violation has assumed a
special public significance owing to some other circumstances, the Central
Election Commission of the Russian Federation may apply to the Supreme Court of
the Russian Federation, which shall be obliged to consider the appeal on its
merits.
2. Decisions
and actions (inaction) of bodies of state power, bodies of local
self-government, public associations and officials as well as decisions and
actions (inaction) of electoral commissions and their officials which violate
electoral rights of citizens of the Russian Federation may be appealed in a
court.
3. Decisions
and actions (inaction) of the Central Election Commission of the Russian
Federation and its officials shall be appealed in the Supreme Court of the
Russian Federation; decisions and actions (inaction) of election commissions of
the Subjects of the Russian Federation and their officials shall be appealed in
the court of the Subject of the Russian Federation; decisions and actions
(inaction) of other election commissions shall be appealed in raion courts.
4. In cases
provided by this Federal Law a court may reverse the decision of an election
commission concerning voting returns and election results, other decisions of
an election commission.
5. If a
decision of an election commission was reversed by a court, a new decision on
the substance of the matter shall be taken on the basis of the court decision
by the election commission whose decision was reversed or by a higher-level
election commission. Court decisions shall be binding on the election
commissions concerned.
6.
Consideration by a court of an appeal against the decision of an election
commission concerning voting returns, election results as well as investigation
of the facts relating to violation of this Federal Law shall not be regarded as
breach of immunity of the registered candidate who was declared elected in
accordance with Russian Federation law. The registered candidate declared
elected shall not refuse to testify in an administrative, civil or criminal
case initiated in connection with a complaint about violation of electoral
rights of citizens committed in the course of his/her election.
7. Decisions
and actions (inaction) of election commissions and their officials violating
electoral rights of citizens may be appealed in a higher-level election
commission.
8. When
examining cases of refusal of registration of a candidate, annulment of
registration of a registered candidate or when considering a motion to the
Supreme Court of the Russian Federation for declaring the election of a
registered candidate null and void the Central Election Commission of the
Russian Federation shall be entitled to require and receive documents and other
materials and hear explanations of officials and citizens.
9. A
higher-level election commission shall be entitled to reverse the decision of a
lower-level election commission and order it to consider the matter again or
take a decision on the substance of the complaint.
10. Preliminary
application to a higher-level election commission shall not be an obligatory
condition for application to a court.
11. If a
complaint was accepted for adjudication by a court and a similar complaint was
filed by the complainants with an election commission, the given election
commission shall suspend adjudication of the complaint until the court decision
comes into legal force. The court shall inform the election commission about
the receipt of the complaint and about the entry into legal force of the court
decision taken upon its adjudication.
12. Decisions
in respect of complaints received in the course of an election campaign shall
be taken within five days but not later than a day preceding voting day or, on
voting day or the next day, immediately. If the facts mentioned in complaints
require additional verification, decisions in respect of such complaints shall
be taken within ten days. Appeals against a decision of an election commission
concerning voting results, election results shall be adjudicated by a court
within two months from the day on which the appeal was filed.
13. The courts
and prosecutor's offices shall organize their work (including on days-off) so
as to ensure prompt adjudication of complaints within the periods prescribed by
this Federal Law.
Article
80. Grounds for Refusal to Register a Candidate and for Annulment of the
Decision to Register a Candidate
1. If a
candidate, registered candidate violates this Federal Law, the Central Election
Commission of the Russian Federation shall be entitled to make a warning to
this candidate, registered candidates and this warning shall be made known to
voters through the mass media or by some other means. The Central Election
Commission of the Russian Federation may refuse to register a candidate, annul
registration of a registered candidate, annul the decision on voting returns,
election results even if such a warning was not made.
2. The Central
Election Commission of the Russian Federation may refuse to register a
candidate if:
(a) it has been
established that the information submitted by a candidate, an authorized
representative of the electoral association, electoral bloc, initiative voters'
group in accordance with this Federal Law is not accurate and its inaccuracy is
essential;
(b) it has been
established that a candidate carried out election campaigning before his/her
registration;
(c) it has been
established that voters were bribed i.e., a candidate, his/her authorized
representative for financial matters, an electoral association, electoral bloc,
initiative voters' group which nominated a candidate, committed an act
prohibited by Clause 2 Article 53 of this Federal Law;
(d) there were
gross or repeated violations 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, receipt of other
monetary payments;
(e) when
financing his/her election campaign, a candidate used money to finance his/her
election campaign from sources other than his/her electoral fund in the amount
exceeding 1 percent of the maximum limit established by this Federal Law for
expenditures from a candidate's electoral fund;
(f) a candidate
exceeded expenditures from the electoral fund by more than 1 percent of the
maximum limit of expenditures from a candidate's electoral fund established by
this Federal Law;
(g) in the
course of the election campaign a candidate, his/her authorized representative
for financial matters an electoral association, electoral bloc (including an
electoral association which joined the electoral bloc), initiative voters'
group which nominated a candidate and their authorized representatives, an organization
whose founders, owners, possessors are and/or whose governing or supervisory
bodies include the aforementioned persons and/or organizations (representatives
of these organizations) carried on charity activities in the territory of the
Russian Federation, asked other natural persons and legal entities to provide
material and financial aid or services to voters, consented to the provision of
such aid or services by natural persons or legal entities on their behalf;
(h) a candidate
did not file his/her first financial report;
(i) a candidate
took advantage of his/her official position or status;
(l) there are
other grounds established by this Federal Law.
3. Registration
of a candidate may be annulled by the Central Election Commission of the Russian
Federation 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 was discovered after
registration of the candidate;
(b) a
registered candidate, his/her authorized representative or agent, an authorized
representative of the electoral association, electoral bloc, initiative voters'
group which nominated the registered candidate conducted propaganda in the
territory of a military unit, in a military organization or institution;
(c) a
registered candidate or his/her agent produced and/or disseminated printed,
audio-visual election propaganda materials in violation of Clauses 3, 4, 5 and
9 Article 52 of this Federal Law;
(d) in the
course of the election campaign a registered candidate, his/her authorized
representative for financial matters or agent, an electoral association,
electoral bloc (including an electoral association which joined the electoral
bloc), initiative voters' group which nominated a registered candidate, their
authorized representative, an organization whose founders, owners, possessors
are and/or whose governing or supervisory bodies include the aforementioned
persons and/or organizations (representatives of these organizations) carried
on charity activities in the territory of the Russian Federation, asked other
natural persons and legal entities to provide material and financial aid or
services to voters, consented to the provision of such aid or services by
natural persons or legal entities on their behalf;
(e) a
registered candidate took advantage of his/her official position or status;
(f) a
registered candidate did not file the financial report in due time;
(g) a
registered candidate who is on government or municipal service or who works in
the mass media under a labor or a civil-law contract did not suspend the
performance of official duties for the period of his/her participation in the
election;
(h) a fact of
bribery of voters has been established, i.e., a registered candidate, his/her
authorized representative for financial matters or agent committed an act
prohibited by Clause 2 Article 53 of this Federal Law or that this act was
committed by some other person on their request;
(i) when
financing his/her election campaign a registered candidate used money to
finance his/her election campaign from sources other than his/her electoral
fund in the amount exceeding 1 percent of the maximum limit of expenditures
from a candidate's electoral fund established by this Federal Law;
(j) a
registered candidate exceeded the expenditures from the electoral fund by more
than 1 percent of the maximum limit established by this Federal Law for
expenditures from the electoral fund of a candidate, registered candidate;
(k) a
registered candidate used unlawful donations contributed to his/her electoral
fund in an amount exceeding 1 percent of the maximum limit established by this
Federal Law for expenditures from the electoral fund of a candidate, registered
candidate.
4. The Central
Election Commission of the Russian Federation shall be entitled to refuse to
register a candidate, ask a court to annul registration of a candidate if the
candidate, registered candidate has misused the freedom of mass information.
Having established the fact of misuse of freedom of information the court shall
annul registration of the candidate.
Article
81. Grounds for Annulment of the Decision of an Election Commission On Voting
Returns, Results of the Election of the President of the Russian Federation
1. If a
registered candidate has committed violations indicated in Article 80 of this
Federal Law but the violations were discovered after official publication of
the results of the election of the President of the Russian Federation, the
Central Election Commission of the Russian Federation may ask the Supreme Court
of the Russian Federation to declare election of the candidate null and void.
2. The decision
of the Central Election Commission of the Russian Federation on the results of
the election of the President of the Russian Federation may be annulled by a
court if the court establishes that the violations indicated in Article 80 of
this Federal Law have taken place and this does not make it possible reliably
to establish the results of the expression of the voters' will.
3. A court of
an appropriate level may also annul the decision of an election commission on
the voting returns and election results in an electoral precinct, territory,
the decision of the Central Election Commission of the Russian Federation on
the results of the election of the President of the Russian Federation if there
have been breaches of the rules for compilation of voters lists, procedure for
the formation of election commissions, voting and vote counting procedures
(including interference with their monitoring), determination of election
results, other violations of this Federal Law, if these actions (inaction) do
not allow the results of the expression of the voters' will to be reliably
determined.
4. A court of
an appropriate level, the Central Election Commission of the Russian
Federation, the election commission of a Subject of the Russian Federation may
annul the decision of a precinct, territorial, election commission on the
voting returns in the corresponding precinct, territory in cases provided by
this Federal Law.
5. If voting
returns in at least one-fourth of electoral precincts have been voided, the
election of the President of the Russian Federation shall be declared null and
void.
6. The decision
on the results of the election of the President of the Russian Federation shall
not be annulled because of violations of this Federal Law which were conducive
to the election of registered candidates who have not been elected according to
the voting returns or who have not received a sufficient number of votes to
take part in the repeat voting, or violations which aimed to encourage or
encouraged voters to vote for registered candidates who have not been elected
according to the voting returns or who have not received a sufficient number of
votes to take part in the repeat voting.
Article
82. Responsibility for Violation of Electoral Rights of Citizens
1. Subject to
criminal, administrative or other responsibility under federal laws shall be
the persons who:
(a) by
coercion, deception, threats, fraud or other methods prevent a citizen of the
Russian Federation from freely exercising the right to elect and be elected;
(b) take
advantage of their official position or status to gain election;
(c) coerce
citizens into or prevent them from putting their signatures in support of a
candidate or participate in the forgery of such signatures;
(d) bribe
voters, i.e., commit an act prohibited by Clause 2 Article 53 of this Federal
Law;
(e) have not
gathered and updated information about registered voters (voters lists) in due
time;
(f) disseminate
patently false information about candidates, registered candidates or do other
acts and actions damaging the honor and dignity of candidates, registered
candidates;
(g) violate the
rights of election commission members, including non-voting members, observers,
foreign (international) observers, authorized representatives of candidates,
registered candidates, agents of registered candidates, authorized
representatives of electoral associations, electoral blocs, initiative voters'
groups, media representatives, including the right to receive information and
copies of electoral documents in due time and to have the said documents
certified;
(h) violate the
election campaigning rules, including persons who conduct propaganda on the day
preceding voting day and on voting day;
(i) engage in
charity activities or produce and distribute commercial and other advertising
materials in violation of this Federal Law;
(j) fail to
ensure conditions for holding public events when they are obligated to do so by
law;
(k) violate the
rules of election campaign funding established by this Federal Law;
(l) conceal
remaining ballots or produce extra ballots, absentee certificates which are not
registered by an election commission;
(m) unlawfully
interfere with or obstruct the work of election commissions or the performance
by commission members of their duties;
(n) obstruct
voting at voting premises;
(o) violate the
secrecy of voting;
(p) force
voters to vote against their own choice;
(q) forge
electoral documents, draw up and issue falsified documents, deliberately
falsify vote count or election results, do not present or publish information
about voting returns in default of their duties;
(r) violate the
rights of citizens to examine voters lists;
(s) issue
ballots to citizens to allow them to vote for other persons or vote more than
once in the course of the same voting, or issue marked ballots to citizens;
(t) fail to
submit or publish reports on the expenditure of funds allocated for the
preparation and conduct of the election, financial reports of candidates,
registered candidates;
(u) employers
refusing to grant a leave of absence envisaged by this Federal Law for
participation in the election or performance of civil duties;
(v) officials
of state bodies who fail to verify information about violations of this Federal
Law, other federal laws when requested to do so by election commissions, and do
not take any steps to stop these violations.
2. In
accordance with Russian Federation laws on administrative offences a precinct,
territorial election commission, the election commission of a Subject of the
Russian Federation, the Central Election Commission of the Russian Federation
may draw up a protocol to record an administrative offence committed by a
candidate, registered candidate, an authorized representative of an electoral
association, electoral bloc and by other persons in cases provided by this
Federal Law.
Chapter XII.
CONCLUDING PROVISIONS
Article
83. Entry into Force of this Federal Law
1. This Federal
Law shall enter into force on the day of its official publication.
2. Federal Law
"On the Election of the President of the Russian Federation" No.
76-FZ of May 17, 1995 (Collection of Russian Federation Laws, 1995, No. 21, p.
1924) is hereby declared no longer in force.
3. If there is
no office of head of a municipal unit in a municipal unit and the municipal
unit has no representative body of local self-government or a representative
body of local self-government has not appointed a person authorized to perform
electoral actions under this Federal Law, such electoral actions shall be
performed by the head of the executive body of state power of a Subject of the
Russian Federation or by some other official appointed by him/her.
4. The
provision of Clause 2 Article 18 of this Federal Law shall not apply to the
election commissions of the Subjects of the Russian Federation which were
formed before 1 October 1997.
President of
the
Annex 1
SIGNATURE SHEET
Election of the
President of the
______________________________
, _______________
_____________________________________________________________________________________________
(name of the
Subject of the Russian Federation; if signatures of citizens of the Russian
Federation are collected outside its territory,
indicate the
name of the foreign state)
No. of the
registration certificate:
__________________________________________________________________
We, the undersigned,
support nomination by the initiative voters' group of the Russian Federation
citizen _____________________________________ , born _____________ , working as
_________________ , residing at _______________________________________ , as
candidate for the office of President of the Russian Federation.
No.
First, middle,
last name
Year of birth
(for the age of 18 years, also the day and month of birth)
Address of the
place of residence
Series, number,
date of issuance of the passport or equivalent identity paper
Signature
Signing date
1
2
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 autograph signature and date)
Authorized
representative of the initiative voters' group:
_____________________________________________________________________________________________
(first, middle
and last name, autograph signature and date)
Note. If a
candidate has a conviction that has not expired or has not been cancelled, the
signature sheet shall indicate the number (numbers) and the name (names) of the
article (articles) of the Criminal Code of the Russian Federation on the basis
of which the candidate was convicted and the article (articles) of the criminal
code adopted in accordance with the Fundamental Criminal Legislation of the
USSR and the Union republics, the article (articles) of the law of a foreign
state and the name of the law, if the candidate was convicted under these
legislative acts for actions qualified as crimes by the current Criminal Code
of the Russian Federation. If the candidate has Russian Federation and foreign
citizenship, the signature sheet shall indicate this fact along with the name
of the corresponding foreign state.
Annex 2
SIGNATURE SHEET
Election of the
President of the
______________________________
, _______________
_______________________________________________________________________________________
(name of the
Subject of the Russian Federation; if signatures of citizens of the Russian
Federation are collected outside its territory,
indicate the
name of the foreign state)
No. of the
registration certificate: ________________________________________________ .
We, the
undersigned, support nomination by the electoral association, electoral bloc of
the Russian Federation citizen ________________________________, born
____________ , working as ____________________ , residing at
______________________________ , as candidate for the office of President of
the Russian Federation.
No.
First, middle,
last name
Year of birth
(for the age of 18 years, also the day and month of birth)
Address of the
place of residence
Series, number,
date of issuance of the passport or equivalent identity paper
Signature
Signing date
1
2
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 autograph signature and date)
Authorized
representative of the electoral association, electoral bloc:
_____________________________________________________________________________________________
(first, middle
and last name, autograph signature and date)
Note. If a
candidate has a conviction that has not expired or has not been cancelled, the
signature sheet shall indicate the number (numbers) and the name (names) of the
article (articles) of the Criminal Code of the Russian Federation on the basis
of which the candidate was convicted and the article (articles) of the criminal
code adopted in accordance with the Fundamental Criminal Legislation of the
USSR and the Union republics, the article (articles) of the law of a foreign
state and the name of the law, if the candidate was convicted under these
legislative acts for actions qualified as crimes by the current Criminal Code of
the Russian Federation. If the candidate has Russian Federation and foreign
citizenship, the signature sheet shall indicate this fact along with the name
of the corresponding foreign state.