May 18, 2005 |
No.51-FZ |
RUSSIAN
FEDERATION
THE
FEDERAL LAW
ON THE ELECTION OF DEPUTIES
OF THE STATE DUMA OF THE FEDERAL
ASSEMBLY
OF THE RUSSIAN FEDERATION
Adopted
by the State Duma
on April 22, 2005
Approved
by the Federation Council
on May 11, 2005
(as amended by the Federal Laws of July 12, 2006,
No.106-FZ,
of July 12, 2006, No.107-FZ, of July 25, 2006, No.128-Z,
of December 30, 2006, No.274-FZ, of April 26, 2007,
No.64-FZ,
of July 21, 2007, No.188-FZ, of July 24, 2007,
No.211-FZ,
of July 24, 2007, No.214-FZ, of February 9, 2009,
No.3-FZ,
of May 12, 2009, No.94-FZ, of June 3, 2009, No.108-FZ,
of July 19, 2009, No.196-FZ, of July 19, 2009,
No.203-FZ,
of April 22, 2010, No.63-FZ, of July 27, 2010,
No.222-FZ,
of October 4, 2010, No.263-FZ, of November 29, 2010,
No.325-FZ,
of December 23, 2010, No.384-FZ, of December 28, 2010,
No.404-FZ,
of February 23, 2011, No.17-FZ, of June 14, 2011,
No.143-FZ,
of July 11, 2011, No.200-FZ, of July 23, 2011,
No.259-FZ,
of July 25, 2011, No.262-FZ, of July 25, 2011, No.263-FZ)
Chapter 1.GENERAL PROVISIONS
Article 1.Basic Principles of Conduct of the Election of Deputies of the
State Duma of the Federal Assembly of the Russian Federation
Deputies of the
State Duma of the Federal Assembly of the Russian Federation (hereafter -
deputies of the State Duma) shall be elected by citizens of the Russian
Federation on the basis of universal and equal right to elect by secret
balloting. Participation of a citizen of the Russian Federation in the election
shall be free and voluntary. Nobody shall compel a citizen of the Russian
Federation citizen to participate or not to participate in the election or
shall prevent free expression of his will.
Article 2.Legislation on the Election of Deputies of the State Duma
1. The
legislation on the election of deputies of the State Duma is based on the
Constitution of the Russian Federation and is formed by the Federal Law No.
67-FZ of June 12, 2002 "On Basic Guarantees of the Electoral Rights and
the Right of Citizens of the Russian Federation to Participate in a
Referendum" (hereafter - The Federal Law “On Basic Guarantees of the
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate a Referendum"), this The Federal Law, other the Federal Laws.
2. The main
concepts and terms used in this The Federal Law shall have the same meaning as
in the Federal Law “On Basic Guarantees of the Electoral Rights and the Right
of Citizens of the Russian Federation to Participate in a Referendum,” unless
otherwise provided by this The Federal Law.
Article 3.Elections to the State Duma of the Federal Assembly of the
Russian Federation
1. Under the
Constitution of the Russian Federation 450 deputies shall be elected to the
State Duma of the Federal Assembly of the Russian Federation (hereafter -
the State Duma).
2. Deputies of
the State Duma shall be elected in the federal electoral district in proportion
to the number of votes cast for the federal lists of candidates for the State
Duma (hereafter - federal lists of candidates).
Article 4.Federal Electoral District
The federal
electoral district in which deputies of the State Duma are elected shall
include the entire territory of the Russian Federation. Voters living outside
the territory of the Russian Federation shall be deemed included in the federal
electoral district.
Article 5.Electoral Rights of Citizens of the Russian Federation in the
Election of Deputies of the State Duma
1. A citizen of
the Russian Federation who has attained to the age of 18 years as of the voting
day shall be entitled to elect deputies of the State Duma and participate in
the nomination of federal lists of candidates, election campaigning, monitoring
of the conduct of the elections and work of election commissions, including
establishment of the vote results and the election results and also in other
electoral actions, in accordance with the order prescribed by this The Federal
Law other the Federal Laws.
2. A citizen of
the Russian Federation who has attained to the age of 21 years as of voting day
may be elected deputy of the State Duma.
3. A citizen of
the Russian Federation who resides or stays outside the territory of the
Russian Federation shall have the same electoral rights as other citizens of
the Russian Federation in the election of deputies of the State Duma.
Diplomatic and consular missions of the Russian Federation shall render
assistance to a citizen of the Russian Federation in the exercise of his
electoral rights.
4. A citizen of
the Russian Federation shall not be entitled to the right to elect or be
elected and to participate in other electoral actions if he has been declared
by a court to be incapable or is held in custody under a court sentence.
4.1. A citizen
of the Russian Federation shall not be entitled to be elected a deputy of the
State Duma if he has the citizenship of a foreign state or a residence permit
or another document confirming his right to permanent residence in the
territory of a foreign state.
(Clause 4
introduced by the Federal Law of July 25, 2006, No.128-FZ)
4.2. A citizen
of the Russian Federation shall not be entitled to be elected a deputy of the
State Duma:
1) if he has been convicted for commission of a serious and/or
partly serious crime and his conviction remains not-withdrawn or not spent as
of the voting day;
2) if he has been convicted for commission of an extremist
crime under the Criminal Code of the Russian Federation and his conviction for
this crime remains not-withdrawn or not spent as of the voting day;
3) if he has
been subjected to administrative punishment for commission of an administrative
offence under Articles 20.3 and 20.29 of the Code of Administrative Offence of
the Russian Federation, provided that voting in the election of deputies of the
State Duma takes place before expiration of the period during which this person
is considered to be serving the administrative punishment;
(as amended by the Federal Law of July 24, 2007, No.211-FZ)
4) if a legally
effective court decision establishes that he has violated the restrictions
imposed by Clause 1, Article 56 of the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum" or has committed the acts mentioned in
paragraph “g,” Clause 7 and paragraph “g,” Clause 8, Article 76 of the Federal
Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of
the Russian Federation to Participate in a Referendum" provided that such
violations or acts were committed within a period which does not exceed four
years prior to the voting day.
(Clause 4
introduced by the Federal Law of April 26, 2007, No.64-FZ)
5. A citizen of
the Russian Federation deprived of the right to occupy state offices for a
definite period of time by a legally effective court decision may not be
registered as a candidate in the election of deputies of the State Duma if the
voting in these elections is to take place before the expiry of the period of
time established by the court.
Article 6.Calling of the Election of Deputies of the State Duma
1. The conduct
of the election of deputies of the State Duma within the period established by
the Constitution of the Russian Federation and this The Federal Law shall be
mandatory.
2. The election
of deputies of the State Duma of a new convocation shall be called by the
President of the Russian Federation. The decision to call the elections shall
be taken not earlier than 110 days and not later than 90 days before the voting
day. The voting day shall be the first Sunday of the month in which the
constitutional term of the State Duma of the previous convocation expires. The
constitutional term for which the State Duma is elected shall commence from the
day of its election. The day of the election of the State Duma shall be the
voting day as a result of which it was elected as a competent body. The
decision to call the elections shall be officially published in the mass media
not later than in five days after it was taken.
3. If the
President of the Russian Federation does not call the election of deputies of
the State Duma within the period established by Clause 2 of this Article, the
elections shall be called by the Central Election Commission of the Russian
Federation and held on the first Sunday of the month in which the
constitutional term of the State Duma of the previous convocation expires. The
decision of the Central Election Commission of the Russian Federation to call
the elections shall be published not later than in seven days after the expiry
of the period established by Clause 2 of this Article for the official
publication of the decision to call the elections.
4. When
dissolving the State Duma in cases and in accordance with the procedure
provided by the Constitution of the Russian Federation the President of the
Russian Federation shall simultaneously call an early election of deputies of
the State Duma of a new convocation. In this case the voting day shall be the
last Sunday before the day on which three months expire from the day of the
dissolution of the State Duma. The decision to call early elections shall be
officially published in the mass media not later than in five days from the day
on which it was taken.
5. If the
President of the Russian Federation does not call an early election of deputies
of the State Duma of a new convocation after the dissolution of the State Duma,
the elections shall be called by the Central Election Commission of the Russian
Federation and held on the last Sunday before the day on which three months
expire from the day of the dissolution of the State Duma. The decision of the
Central Election Commission of the Russian Federation to call early elections
shall be published not later than in seven days after the expiry of the period
established by Clause 4 of this Article for the official publication of the
decision to call early elections.
6. In cases
provided by Clauses 3 - 5 of this Article the periods for the performance of
electoral actions established by this The Federal Law shall be reduced by
one-fourth. Such periods expressed in days shall be multiplied by three-fourths
and rounded to the nearest whole number; if the multiplication produces a
number which fractional Clause is equal to a half of the whole number, such
number shall be rounded up.
7. If Sunday on
which the election of deputies of the State Duma is to be held coincides with a
day preceding a holiday or a holiday or a day following a holiday, or if this
Sunday has been declared a working day in accordance with the established
procedure, the elections shall be held on the next Sunday.
Article 7.Right to Nominate Candidates for the State Duma
1. Candidates
for the State Duma (hereafter - candidates) shall be nominated within federal
lists of candidates.
2. Nomination of
candidates within federal lists of candidates shall be carried out by the
political parties which are entitled to participate in the elections and
nominate lists of candidates (hereafter - political parties) under the Federal
Law of July 11, 2001, No.95-FZ "On Political Parties” (hereafter – the
Federal Law “On Political parties").
3. The political
parties may also nominate candidates within a federal list of candidates, who
are not members of this political party.
Article 8.Preparation and Conduct of the Election of Deputies of the State
Duma by Election Commissions
1. Preparation
and conduct of the election of deputies of the State Duma, the measures to
ensure the realization and protection of the electoral rights of citizens and
control over the observance of these rights shall be carried out by election
commissions within the scope of their competence established by this The
Federal Law, other the Federal Laws.
2. When
preparing and conducting the election of deputies of the State Duma election
commissions shall be independent of the bodies of state power and bodies of
local self-government within the scope of competence of these commissions
established by this The Federal Law, other the Federal Laws. Any interference
with the activity of election commissions on the Clause of the legislative
(representative) and executive bodies of state power, bodies of local
self-government, organizations, officials or citizens shall not be allowed.
3. The
regulations and other decisions of the Central Election Commission of the
Russian Federation and also decisions of other election commissions adopted by
them within the scope of their competence established by this The Federal Law,
other the Federal Laws shall be binding upon the federal bodies of executive
power, bodies of executive power of the subjects of the Russian Federation,
other state bodies, bodies of local self-government, candidates, political
parties and other public associations, organizations, officials and voters.
4. When
preparing and conducting the election of deputies of the State Duma the state
automated system of the Russian Federation “Vybory”
(hereafter - GAS “Vybory”) shall be used. The rules
for the use of GAS “Vybory” shall be established by
the Central Election Commission of the Russian Federation in accordance with
the Federal Law of January 10, 2002, No.20-FZ “On State Automated System of the
Russian Federation “Vybory” (hereafter – the Federal
Law “On State Automated System of the Russian Federation “Vybory”).
Article 9.Public Preparation and Conduct of the Election of Deputies of the
State Duma
1. The election
of deputies of the State Duma shall be prepared and conducted openly and
publicly. The state shall make arrangements for informing voters about the
procedure and period for preparation and conduct of the elections, progress of
the election campaign, vote results and election results.
2. The
regulations of bodies of state power and bodies of local self-government,
regulations of the Central Election Commission of the Russian Federation
relating to preparation and conduct of the election of deputies of the State
Duma and ensuring of the electoral rights of citizens shall be officially
published in state and municipal print periodicals. Other decisions of these
bodies, decisions of other election commissions directly related to preparation
and conduct of the elections shall be also published in said print periodicals
or shall be communicated to the public otherwise. The regulations of the
Central Election Commission related to preparation and conduct of the election
of deputies of the State Duma shall be published on its site in the Internet
(hereafter - the Internet) within five days of their adoption.
(as amended by the Federal Law of July 11, 2011, No.200-FZ)
Article 10.Right to Election Campaigning
1. Citizens of
the Russian Federation, political parties, other public associations may
conduct election campaigning in any form allowed by the law, using lawful
methods.
2. In this The
Federal Law election campaigning means the activities which are carried out
during an election campaign and are aimed to induce or are inducing voters to
vote for or against a federal list of candidates, for or against a candidate
(candidates) included in this list.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
3. The state
shall guarantee citizens of the Russian Federation, political parties and other
public associations the freedom to conduct election campaigning in accordance
with this The Federal Law, other the Federal Laws.
4. Equal
conditions of access to the mass media for election campaigning shall be guaranteed
to political parties which registered federal lists of candidates.
Article 11.Funding of the Election of Deputies of the State Duma
1. Funding of
activities connected with preparation and conduct of the election of deputies
of the State Duma shall be provided from the federal budget.
2. The political
party that nominated a federal list of candidates shall form its own electoral
fund to finance its election campaign. In cases provided by this The Federal
Law, regional branches of the political party that nominated a federal list of
candidates is entitled, by a decision of the leading body of the political
party duly authorized by its statutes, to form an electoral fund to finance the
election campaign of the political party.
Article 12. Participation of
Foreign Nationals, Stateless Persons and Foreign Organizations, International
Organizations and International Public Movements in the Election of Deputies of
the State Duma
1. Foreign
nationals, stateless persons, foreign organizations, international
organizations and international public movements shall not be allowed to engage
in any activities which help or impede preparation and conduct the election of
deputies of the State Duma, the nomination and registration of federal lists of
candidates.
2. The procedure
of the participation of foreign (international) observers in monitoring
preparation and conduct of the election of deputies of the State Duma shall be
established by the international treaties of the Russian Federation, this The
Federal Law, other the Federal Laws.
Chapter 2. ELECTION PRECINCTS. VOTERS’
LISTS
Article 13.Formation of Election Precincts
1. Election
precincts shall be formed to conduct voting and count votes in the election of
deputies of the State Duma. Election precincts shall be formed on the basis of
the information on the number of voters registered in the territory of
municipal formations, in accordance with the requirements of Article 16 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. Election
precincts shall be formed with the concurrence of the relevant territorial
election commission by the head of the local administration of a municipal
district, urban district, inner urban territory of a federal city and, in cases
provided by the law of a Russian Federation subject - federal city, - by the
head of the territorial body of executive power of a federal city or the
commander of a military unit, the head of a diplomatic or consular mission of
the Russian Federation. In cases provided by Clause 4 of this Article election
precincts shall be formed by the territorial election commission. Election
precincts shall be formed not later than in 50 days before the voting day with due
regard to local and other conditions, so as to ensure maximum convenience for
voters.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
3. Election
precincts shall be formed so that the number of voters registered in the
territory of each election precinct does not exceed 3,000;
4. In places
where voters stay temporarily (hospitals, sanatoriums, holiday hotels, places
where persons suspected or accused of commission of a crime are held in custody
and other places of temporary stay), in hard-to-reach or remote areas, on ships
at sea on the voting day, at polar stations and also at the places of
settlement of voters who have no residence registration within the Russian
Federation, election precincts may be formed by the territorial election commission
within the period established by Clause 2 of this Article, and, in exceptional
cases, with the concurrence of the election commission of the subject of the
Russian Federation - not later than in three days before the voting day. In
hard-to-reach or remote areas, on ships at sea on the voting day and at polar
stations election precincts may be formed by the territorial election
commission with the concurrence of the head of the organization located in a
hard-to-reach or remote area, the captain of the ship or the ship owner, the
head of the polar station.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ
and of October 4, 2010, No.263-FZ)
5. Servicemen
shall vote in common election precincts. By a decision of the election
commission of the subject of the Russian Federation in the territory of
military units stationed in isolated areas, far from populated centers election
precincts may be formed by the commanders of military units within the period
indicated in Clause 2 of this Article and, in exceptional cases, not later than
in five days before voting day.
6. To conduct
voting and count the votes of voters who on the voting day reside or remain
outside the territory of the Russian Federation the heads of diplomatic and
consular missions of the Russian Federation in the states where such voters are
located shall form election precincts not later than in 50 days or, in
exceptional cases, not later than in five days before the voting day. In this
case, the provision of Clause 3 of this Article related to the number of voters
may be waived. The heads of diplomatic and consular missions of the Russian
Federation shall inform the Central Election Commission of the Russian
Federation about the formation of election precincts not later than in 40 days before
the voting day or, in exceptional cases, not later than in three days before
the voting day.
7. If election
precincts have not been formed within the periods established by Clauses 2 and
4 of this Article, the decision to form election precincts shall be taken by
the election commission of the subject of the Russian Federation within three
days of the end of the periods for the formation of election precincts
established by Clauses 2 or 4 of this Article.
Article 14.Information of Voters on Formation of Election precincts
1. The lists of
election precincts indicating their number and boundaries (if an election
precinct includes a Clause of the territory of a populated center) or the list
of the populated centers (if an election precinct is formed in the territory of
several populated centers), the location of the premises of precinct election
commissions and polling stations and the telephone numbers of precinct election
commissions shall be published by the head of the local administration of a
municipal district, urban district, inner territory of a federal city and, in
cases provided by the law of the subject of the Russian Federation - a federal
city - by the head of a territorial body of executive power of a federal city
not later than in 45 days before the voting day.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2. The
information on election precincts formed after the deadline established by
Clause 2, Article 13 of this The Federal Law shall be published (publicized)
within two days of their formation.
3. When the
information on election precincts mentioned in Clause 1 of this Article is to
be published (publicized), the text of such information related to election
precincts formed in the territories of military units shall be agreed with the
commanders of the military units.
4. In the case
of election precincts formed outside the territory of the Russian Federation
the matters connected with the publication of the information on election
precincts specified in Clause 1 of this Article shall be dealt with by the
heads of relevant diplomatic or consular missions of the Russian Federation,
with due regard to the local conditions. If diplomatic and consular missions of
the Russian Federation have Internet sites, such information shall be published
on these sites.
Article 15.Preparation of Voters’ Lists
1. Voters’ lists
shall be prepared by relevant election commissions separately for each election
precinct in accordance with the form established by the Central Election
Commission of the Russian Federation.
2. The
territorial election commission shall prepare voters’ lists not later than in
21 days before the voting day on the basis of the voter data provided by the
head of the local administration of a municipal district, urban district, inner
territory of a federal city and, in cases provided by the law of the subject of
the Russian Federation - a federal city - by the head of a territorial body of
executive power of a federal city, the commander of a military unit, the head
of an institution where voters are temporarily staying, head of educational
institutions with full-time studies that manage or independently regulate
hostels.
(as amended by the Federal Law of April 26, 2007, No.64-FZ
and of July 25, 2011, No.262-FZ)
3. Should the territorial
election commission (territorial election commissions) discover that a citizen
of the Russian Federation is included in the voters’ lists in different
election precincts, this commission (these commissions) shall correct the
errors or inaccuracies in the voters’ lists before passing them on to precinct
election commissions.
4. The voters’
list for an election precinct formed in a hard-to-reach or remote area shall be
prepared by the precinct election commission not later than in 20 days before the
voting day and, in exceptional cases, not later than on the day of the
formation of the precinct election commission, on the basis of the voter data
provided by the head of the local administration of the settlement.
5. In an
election precinct formed on the territory of a military unit the list of voters
- servicemen serving in the military unit, members of their families and other
voters, if they reside within the territory of the military unit, shall be
prepared by the precinct election commission not later than in 20 days before
the voting day and, in exceptional cases, not later than on the day of the
formation of the precinct election commission, on the basis of the voter data
provided by the commander of the military unit.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
6. The voters’
lists for election precincts formed in places of temporary stay of voters
(hospitals, sanatoriums, holiday hotels, places where persons suspected or
accused of commission of a crime are held in custody and other places of
temporary stay), on ships at sea on the voting day or at polar stations shall
be prepared by the relevant precinct election commissions not later than the
day preceding the voting day, on the basis of the voter data provided by the
head of the institution where voters stay temporarily, the captain of the ship
or the head of the polar station. The voters’ lists for election precincts
formed in accordance with Clause 4, Article 13 of this Federal Law at the
places of stay of voters who have no residence registration within the Russian
Federation shall be prepared on the basis of the applications filed by such
voters in accordance with Clause 7, Article 16 of this Federal Law.
7. The voters’
list for an election precinct formed outside the territory of the Russian
Federation shall be prepared by the relevant precinct election commission on
the basis of applications of citizens of the Russian Federation who permanently
reside outside the territory of the Russian Federation or stay abroad on long business
trips, in accordance with Clause 4, Article 16 of this Federal Law.
8. The voters’
data shall be gathered and checked by the officials mentioned in Clauses 2, 4 -
6 of this Article and shall be submitted by them to territorial election
commissions not later than in 60 days before the voting day, or, if the voters’
list is to be prepared by the precinct election commission, to such precinct
election commissions immediately upon their formation. Voters’ data shall be
gathered, checked and submitted in accordance with the order established by the
Central Election Commission of the Russian Federation.
(Clause 8 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
9. Preparation
of voters’ lists may be carried out with the use of GAS “Vybory.”
10. Voters’ data
on voters included in the voters’ list shall be arranged in the alphabetical or
some other order (by populated centers, streets, houses, flats). The voters’
list must indicate the surname, first name and patronymic of the voter, the
year of birth (for the age of 18 years - also the day and month of birth), the
residential address of the voter. Blank spaces shall be left in the voters’
list for the voter to write the series and number of his passport or an
equivalent identity document of a citizen, a voter and sign for the received
ballot; for the signature of a member of the precinct election commission who
issued the ballot to the voter; for making special notes and for entering the
summary data for each sheet of the list.
11. The voters’
list shall be prepared in duplicate. The first copy of the voters’ list shall
be made on paper in a machine-printed form, the second copy in a
machine-readable form. In exceptional cases voters’ lists may be made in a
hand-written form.
12. The first
copy of the voters’ list prepared in accordance with the requirements of Clause
2 of this Article shall be handed over to the relevant precinct election
commission on the basis of a transfer certificate not later than in 20 days
before the voting day. The second copy of the voters’ list shall be kept by the
territorial election commission and shall be used 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, with
the indication of the signing date, and certified by the seal of the
territorial election commission.
13. The voters’
list prepared by the precinct election commission in accordance with Clauses 4
- 7 of this Article shall be signed by the chairman and the secretary of the
precinct election commission and certified by the seal of the precinct election
commission.
14. Having
received the voters’ list the precinct election commission shall verify and
update the list on the basis of personal applications from citizens made in
accordance with Articles 16 and 17 of this Federal Law and the relevant
documents of the bodies of local self-government, territorial bodies of
executive power of a federal city and their officials, registries, bodies in
charge of the registration of citizens of the Russian Federation at the place
of their residence and stay within the Russian Federation, information from the
higher-level election commission on inclusion of the voter in the voters’ list
in some other election precinct. The verified 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 on the day preceding
the voting day.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
15. The precinct
election commission may divide the first copy of the voters’ list into separate
books. Not later than on the day preceding the voting day, a title sheet shall
be attached to each such book, indicating the consecutive number of the book
and the total number of the books into which the voters’ list has been divided,
each book shall be bound (stitched) and certified by the seal of the precinct
commission and the signature of its chairman.
16. The persons
providing voters’ data shall be responsible for authenticity and completeness
of the data and its timely submission.
Article 16.Procedure for Inclusion of Citizens of the Russian Federation
in, and their Removal from, the Voters’ List
1. All citizens
of the Russian Federation who are entitled to elect shall be included in
voters’ lists, save as otherwise provided by Clause 4 of this Article. A
citizen of the Russian Federation may be included in the voters’ list only in
one election precinct.
2. A citizen of
the Russian Federation shall be included in the voters’ list in a certain
election precinct on the basis of the fact that his place of residence is
located in the territory of this election precinct as established by the bodies
in charge of the registration of citizens of the Russian Federation at the
place of their stay or residence within the Russian Federation in accordance
with the Federal Law regulating the procedure for the exercise by the citizens
of the Russian Federation of the right to the freedom of movement, choice of
the place of stay or residence within the Russian Federation.
3. Servicemen
who live outside the territory of a military unit shall be included in the
voters’ lists at the place of their residence on the usual terms. Servicemen
serving in a military unit, members of their families and other voters living
within the territory of a military unit shall be included in the voters’ list
on the basis of the fact that their place of residence is located within the
territory of the military unit as established by the relevant service of the
military unit or bodies in charge of the registration of citizens of the
Russian Federation at the place of their stay or residence within the Russian
Federation, or on the basis of an order of the commander of a military unit
whereby persons called up for military service were enrolled in the military
unit.
4. Citizens of
the Russian Federation who permanently reside outside the territory of the
Russian Federation or stay abroad on long business trips shall be included in
voters’ lists on the basis of their written applications to be submitted to the
relevant precinct election commission not later than the on the day preceding
the voting day, or an oral application made on the voting day.
5. Voters -
full-time students with their registered place of residence being in a hostel
(at the place of location of the educational institution) shall be included in
the voters’ lists at the place where the hostel (educational institution) is
located. The precinct election commission of the election precinct, where the
said voter is included in the voters’ list as a resident of this election
precinct, shall be informed of this fact through the territorial election
commission (if the place of residence of the voter is located within the same
subject of the Russian Federation) or the election commission of the subject of
the Russian Federation (if the place of residence of the voter is located
within some other Russian Federation subject). In the corresponding line of the
voters’ list the precinct election commission shall write “Included in the
voters’ list in election precinct N” and shall indicate the number of the
election precinct and the name of the subject of the Russian Federation.
6. Voters
staying on the voting day in hospitals, sanatoriums, holiday hotels, places
where persons suspected or accused of commission of a crime are held in custody
and other places of temporary stay shall be included in the voters’ list on the
basis of the passport, an equivalent identity document and an absentee
certificate for voting in the election of deputies of the State Duma (hereafter
- absentee certificate).
7. Voters at the
place of temporary stay, voters who work at enterprises with a continuous
operating cycle or at some jobs where the working hours (shift duration) cannot
be reduced as well as servicemen who stay outside the area where their units
are stationed, if they were unable to receive an absentee certificate, may be
included in the voters’ list in the election precinct where they are
temporarily staying by the decision of the given precinct election commission
on the basis of a personal written application to be submitted to such precinct
election commission not later than in three days before the voting day. The
precinct election commission of the election precinct where this voter is
included in the voters’ list as a resident of this election precinct shall be
informed of this fact through the territorial election commission (if the place
of residence of the voter is located within the same Russian Federation
subject) or the election commission of the subject of the Russian Federation
(if the place of residence of the voter is located within some other subject of
the Russian Federation). In the corresponding line of the voters’ list the
precinct election commission shall write “Included in the voters’ list in
election precinct N” and shall indicate the number of the election precinct and
the name of the subject of the Russian Federation. By a decision of the
precinct election commission voters who are not registered at the place of
residence within the Russian Federation may be included in the voters’ list in
the election precinct formed in accordance with Clause 4, Article 13 of this
Federal Law at the place of their settlement or at the place where, by a
decision of the election commission of the subject of the Russian Federation,
such voters shall vote, on the basis of a personal written application
submitted to the precinct election commission not later than on the voting day.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
7.1. On the election precincts formed in accordance with Clause 4, Article 13
of this Federal Law at railway stations and airports, the voters’ lists are
prepared on the voting day. Voters who stay at such places on the voting days
are included into the voters’ lists on presentation of absentee certificate.
(Clause 7.1.
introduced by the Federal Law of October 4, 2010, No.263-FZ)
8. Citizens of
the Russian Federation who have been granted the status of forced migrants or
have applied for the status of forced migrants to the federal body of executive
power in the field of migration or to the territorial agencies of this body
shall be included in the voters’ list at the place of their temporary residence
on the basis of the passport or an equivalent identity document and relevant
documents issued by these authorities.
9. Citizens of
the Russian Federation who are entitled to elect and stay abroad by virtue of
private invitations, on official and business trips and as tourists shall be
included in the voters’ list on the basis of an oral application when they come
to the premises of the precinct election commission, upon production of the
passport or an equivalent identity document and an absentee certificate. Such
citizens, who were unable to receive an absentee certificate, shall be included
in the voters’ list by the precinct election commission on the basis of an oral
application on the voting day.
(as amended by the Federal Law of April 4, 2007, No.64-FZ)
10. Citizens of
the Russian Federation who were registered at the place of residence within the
territory of the election precinct after the voters’ list was 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 the passport or an equivalent
identity document and, if necessary, the documents confirming that the voter's
place of residence (or, in the absence of any place of residence within the
Russian Federation – the place of temporary stay) is located in the territory
of the given election precinct.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
11. After the
voters’ list has been signed by the chairman and the secretary of the
territorial election commission (in the case provided by Clause 13, Article 15
of this Federal Law – by the chairman and the secretary of the precinct
election commission) and certified by the commission’s seal, a citizen of the
Russian Federation may be removed from the voters’ list only on the basis of
official documents, including a notification of the higher-level territorial
commission that the voter has been put on the voters’ list in some other
election precinct, or when an absentee certificate is issued to the voter in
accordance with the procedure set forth in this Federal Law. In this case, the
date when the citizen was removed from the voters’ list and the reasons for
such removal shall be noted down in the voters’ list. This note shall be
certified by the signature of the chairman of the precinct election commission
and, when an absentee certificate is issued, by the signature of the member of
the election commission who issued the absentee certificate, with the
indication of the signing date.
12. No
amendments shall be made to voters’ lists after the end of voting and
commencement of vote counting.
Article 17.Inspection of Voters’ Lists by Voters
1. The precinct
election commission shall make voters’ lists available to voters for inspection
and additional correction in 20 days before the voting day and, in cases where
the voters’ list is prepared later than this date as provided by Clauses 4 - 6,
Article 15 of this Federal Law, immediately after preparation of the voters’
list.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2. A citizen of
the Russian Federation entitled to elect may request the precinct election
commission to put him on in the voters’ list or to correct errors and
inaccuracies in his data entered in the voters’ list. Within 24 hours and, on
the voting day, within two hours of receipt of such request and not later than
the time when voting ends, the precinct election commission shall verify the
information and documents presented by such voter and shall either correct the
error or inaccuracy or refuse to do so indicating the reasons why the voter’s
request was rejected, and shall provide the voter with a certified copy of the
commission’s decision.
3. The decision
of the precinct election commission to reject the request mentioned in Clause 2
of this Article may be appealed to the superior election commission or to a
court (at the place of location of the precinct election commission) and these
bodies must consider the appeal within three days or immediately, if the appeal
was filed within three days before or on the voting day. If the appeal is
granted, the precinct election commission shall immediately make the necessary
corrections in the voters’ list.
4. Each citizen
of the Russian Federation may inform the precinct election commission of
amendments to the voters’ data mentioned in Clause 10, Article 15 of this
Federal Law for voters entered in the voters’ list of the given election
precinct.
Chapter 3. ELECTION COMMISSIONS
Article 18.System and Status of Election Commissions for the Election of
Deputies of the State Duma
1. The following
election commissions listed below in the order of their seniority shall be
charged with preparation and conduct of the election of deputies of the State
Duma, ensuring of the exercise of electoral rights of citizens and protection
of these rights:
1) the Central Election Commission of the Russian Federation;
2) election commissions of the subjects of the Russian
Federation;
3) territorial
election commissions - regional, city and other territorial election
commissions or election commissions of municipal formations acting in cases
provided by the Federal Law "On Basic Guarantees of Electoral Rights and
the Right of Citizens of the Russian Federation to Participate in a Referendum“
as territorial election commissions;
4) precinct election commissions.
2. The decisions
of superior election commission adopted within the scope of its competence
shall be binding on subordinate election commissions.
3. A decision of
any election commission, which is contrary to the law or goes outside the
established competence, shall be reversed by superior commission or by a court.
In this case, the superior election commission may take a decision to the point
or return the relevant materials for reconsideration to subordinate election
commission whose decision was reversed. If subordinate commission fails to
reconsider the matter, superior election commission may take a decision to the
point.
Article 19.Formation of the Central Election Commission of the Russian
Federation and Election Commissions of the Subjects of the Russian Federation
The Central
Election Commission of the Russian Federation, election commissions of the
subjects of the Russian Federation shall be formed 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."
Article 20.Formation of Territorial Election Commissions
1. The powers of
territorial election commissions for the election of deputies of the State Duma
shall be exercised by the territorial election commissions formed 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" or by the election commissions of municipal formations acting
as territorial election commissions in cases provided by the said Federal Law.
If there is no such territorial election commission or there is no election
commission of a municipal formation in some territory, it shall be formed in
accordance with the said Federal Law not later than in 35 days from the day of
the official publication of the decision to call the elections. The period for
acceptance of proposals concerning membership of the territorial election
commission shall not be less than one month. An announcement about the
formation of the territorial election commission and the period for acceptance
of proposals suggesting candidates for appointment to the commission shall be
published (publicized) before commencement of the acceptance of such proposals.
2. The election
commission of the subject of the Russian Federation may form one or several
territorial commissions to guide preparation and conduct of the election of
deputies of the State Duma carried out by precinct election commissions formed
on ships at sea and at polar stations. Such territorial election commissions
shall be formed subject to the general requirements to the formation of
election commissions and the procedure for the formation of territorial
election commissions 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."
3. The Central
Election Commission of the Russian Federation may form one or several
territorial commissions to guide preparation and conduct of the election of
deputies of the State Duma carried out by precinct election commissions formed
in election precincts outside the territory of the Russian Federation. Such
territorial election commissions shall consist of not less than five and not
more than nine voting members, who are not subject to restrictions that hinder
the eligibility for the status of a voting member of an election commission,
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." The Central Election Commission of the Russian Federation may
vest the powers of such territorial commissions in the territorial commissions
formed during preparation and conduct of the election of the President of the
Russian Federation.
4. The terms of
office of territorial election commissions mentioned in Clauses 2 and 3 of this
article shall be determined by the election commission which formed them.
5. The
provisions of this Federal Law regulating the activity of territorial election
commissions shall apply to the territorial election commissions mentioned in
Clauses 2 and 3 of this Article unless otherwise provided by this Federal Law.
Article 21.Formation of Precinct Election Commissions
1. The precinct
election commission shall be formed not earlier than in 30 days and not later
than in 23 days before the voting day by superior territorial election
commission subject to the general requirements to the formation of election
commissions and the procedure for the formation of precinct election
commissions 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," with the following number of members,
depending on the number of voters registered in the territory of the election
precinct:
1) up to 1001 voters: 3 to 9 voting members of the precinct
election commission;
2) from 1001 to 2001 voters: 7 to 12 voting members of the
precinct election commission;
3) over 2000 voters: 7 to 16 voting members of the precinct
election commission.
2. If the voting
day in the election of deputies of the State Duma coincides with the voting day
in the election of bodies of state power of the subject of the Russian
Federation, bodies of local self-government, and/or the voting day in a
referendum of the subject of the Russian Federation, local referendum, the
maximum number of voting members of the precinct election commission mentioned
in Clause 1 of this Article may be increased but by no more than four members.
Additional labor remuneration for these members of the precinct election
commission and compensation for a period during which they were relieved from
their main job shall be paid to them out of the resources of the corresponding
budget.
3. The period
for acceptance of proposals suggesting candidates for a precinct election
commission shall not be less than 15 days. An announcement about the formation
of precinct election commissions and the period for acceptance of proposals
suggesting candidates for appointment to the commissions shall be published
(publicized) before commencement of the acceptance of such proposals.
4. In an
election precinct formed in the territory of a military unit stationed in an
isolated locality far from populated centers, in a hard-to-reach or remote
area, on a ship at sea, at a polar station, in places where voters stay
temporarily or in places of settlement of voters who do not have registration
at the place of residence within the Russian Federation the precinct election
commission shall be formed within the period established by Clause 1 of this
Article and, in exceptional cases, not later than in three days before the
voting day.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
5. In an
election precinct formed outside the territory of the Russian Federation the
precinct election commission shall be formed within the period established by
Clause 1 of this Article and, in exceptional cases, not later than in three
days before he voting day, by the head of the diplomatic or consular mission of
the Russian Federation or by the commander of a military unit stationed outside
the territory of the Russian Federation.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
6. When a
precinct election commission is to be formed in an election precinct located
outside the territory of the Russian Federation:
1) the
requirements concerning the maximum number of members of precinct election
commissions set forth in Clause 1 of this Article shall not apply if more than
3,000 voters are registered in the election precinct;
2) the proposal
suggesting a candidate for a precinct election commission, which was received
from the political party whose federal list of candidates was included in the
distribution of deputy seats in the last election of deputies of the State Duma
(federal list of candidates that received a deputy seat in accordance with the
Article 82.1 of this Federal Law) in the last election of deputies of the State
Duma, preceding these elections, shall be subject to mandatory consideration
only if the Russian Federation citizen with the right to elect who has been
suggested for inclusion in the said election commission permanently resides in
the territory of the given foreign state.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
7. The superior
territorial election commission shall issue to voting members of the precinct
election commission an ID card of the form established by the Central Election
Commission of the Russian Federation.
Article 22.Appointment and Terms of Office of Non-Voting Members of
Election Commissions
1. The political
party that nominated a federal list of candidates may, from the day on which it
files the documents for the registration of a federal list of candidates with
the Central Election Commission of the Russian Federation, appoint one non-voting
member to the Central Election Commission of the Russian Federation, and, if
the federal list of candidates has been registered, one such member to the
election commission of each subject of the Russian Federation, each territorial
and precinct election commission.
2. Ineligible
for appointment as non-voting members of election commissions shall be citizens
of the Russian Federation who have not attained to the age of 18 years;
citizens of the Russian Federation who have been pronounced incapable by a legally
effective court decision; persons who do not have a Russian Federation
citizenship and citizens of the Russian Federation who have citizenship of a
foreign state or a residence permit or another document confirming the right of
a citizen of the Russian Federation to permanent residence in the territory of
a foreign state; persons occupying elective offices; members of the Federation
Council of the Federal Assembly of the Russian Federation; deputies of the
legislative (representative) bodies of state power; deputies of the
representative bodies of local self-government; higher officials of the
subjects of the Russian Federation (heads of the high executive bodies of state
power of the subjects of the Russian Federation); heads of local administrations
of municipal districts, urban and rural settlements, including urban districts,
inner territories of federal cities; persons holding command posts in military
units, military organizations and institutions; judges; prosecutors; members of
administration of election commissions; attorneys of political parties.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
3. Election
commissions shall provide their non-voting members with an ID card of the form
established by the Central Election Commission of the Russian Federation.
4. The terms of
office of a non-voting member of an election commission shall commence from the
date on which the given election commission receives a written notification
from the political party mentioned in Clause 1 of this Article about the
appointment of a non-voting member of the election commission and a written
consent of the citizen to such appointment. The aforementioned notification
shall contain surname, first name and patronymic, date and place of birth,
citizenship, series, number and date of issuance of the passport or an
equivalent document, name or code of the body which issued the passport or the
equivalent document, residential address of the citizen appointed as a
non-voting member of the election commission. For the period indicated in
Clause 1, Article 47 of this Federal Law the employer shall grant a non-voting
member of an election commission an unpaid leave of absence upon his request.
5. The terms of
office of a non-voting member of an election commission may be terminated at
any time by the political party that appointed him, subject to a decision of
the competent body of the political party, and his powers may be transferred to
another person.
6. In election
commissions functioning on a permanent basis the terms of office of non-voting
members appointed by the political party which federal lists of candidates were
included in the distribution of deputy seats on the basis of the results of the
given election of deputies of the State Duma, as well as political parties,
federal lists of candidates of which received deputy seats in the course of the
given election in accordance with Article 82.1 of this Federal Law, shall last
until completion of the registration of federal lists of candidates in the next
election of deputies of the State Duma. The terms of office of the other
non-voting members of an election commission functioning on a permanent basis
shall terminate in 30 days after the day of the official publication of the
election results. The terms of office of members of other election commissions
shall terminate with the termination of terms of office of these commissions.
If the political party was refused registration of its federal list of
candidates or if the registration of the federal list of candidates nominated
by the political party was annulled or cancelled, the terms of office of
non-voting members of an election commission appointed by such political party
shall terminate from, respectively, the day of the refusal, the day of the
annulment or cancellation of the registration of this federal list of
candidates, and, if the refusal of registration has been appealed to a court,
from the date on which the court decision on the lawfulness of the refusal of
registration became legally effective.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
7. During the
terms of office of the State Duma of the given convocation, political parties
which federal list of candidates was included in the distribution of deputy
seats on the basis of the results of the given election of deputies of the
State Duma, and political parties which federal lists of candidates received
deputy seats in accordance with Article 82.1 of this Federal Law, shall retain
the right to appoint non-voting members of election commissions functioning on
a permanent basis, including by way of replacement of quitting members.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
Article 23.Organization of Work of Election
Commissions. Assistance to Election Commission in the Exercise of Their Powers
1. The work of
election commissions shall be organized in accordance with Article 28 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. State bodies
and organizations, bodies of local self-government, organizations in which
authorized (shareholding) capital as of the day on which the decision to call
the election of deputies of the State Duma was published (publicized) the share
of the Russian Federation, the subject of the Russian Federation or a municipal
formation exceeds 30 percent, as well as officials of these bodies and
organizations shall assist election commissions in the exercise of their powers
in accordance with the Russian Federation legislation on elections and
referenda.
3. State and
municipal organizations which carry out television and/or radio broadcasting
(hereafter - TV and radio broadcasting organizations), and editorial
offices of national and municipal print periodicals shall, within five days of
receipt of such request, allocate free air time to election commissions for
information of voters in the order established by this Federal Law, other
federal laws, and free space in print periodicals for the publication of decisions
of election commissions and placement of other information. The expenses
incurred by the TV and radio broadcasting organizations and print periodicals
in provision of free air time and free print space shall be borne by these
organizations and editorial offices.
(as amended by the Federal Law of June 19, 2009, No.203-FZ)
4. State bodies,
bodies of local self-government, political parties and other public
associations, organizations regardless of the form of ownership, including TV
and radio broadcasting organizations, editorial offices of print periodicals,
as well as officials of these bodies and organizations, shall provide election
commissions with the necessary information and materials and respond to
requests of election commissions within five days, to requests received in five
and less than five days before the voting day - not later than the day
preceding the voting day and to requests received on the voting day and the day
following the voting day - immediately.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ
and of July 19, 2009, No.203-FZ)
5. Election
commissions are entitled to apply to the law enforcement bodies and request
them to carry out the investigation and suppression of violations of this
Federal Law, other Federal Laws during preparation and conduct of the election
of deputies of the State Duma, and the law enforcement bodies shall take
measures prescribed by the law to suppress such violations within five days or
not later than the day preceding the voting day if the request was received
five and less days before the voting day or immediately, if the request was
received on the day preceding the voting day, on the voting day or on the day
following the voting day. If the facts cited in the request require additional
investigation such measures shall be taken within ten days. The law enforcement
bodies shall, without delay, inform the election commission, which made the
request, about the results of the investigation and the measures taken.
Article 24.Status of Members of Election Commissions
The status of
voting members of election commissions and the status of non-voting members of
election commissions is established by Article 29 of the Federal Law “On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum.”
Article 25.Powers of the Central Election Commission of the Russian
Federation
During
preparation and conduct of the election of deputies of the State Duma the
Central Election Commission of the Russian Federation, acting within the scope
of its powers established by the Federal Laws, shall:
1) organize preparation and conduct of the elections and direct
the activities of election commissions;
2) exercise
control over the observance of electoral rights of citizens of the Russian
Federation and ensure uniform application of this Federal Law;
3) issue instructions and other regulations on the questions
connected with the application of this Federal Law;
4) render legal, methodological, organizational, technical and
other assistance to subordinate election commissions;
5) direct the
activity of election commissions to ensure the uniform use of GAS “Vybory” and separate technical facilities of this system,
including technical facilities for vote counting;
6) based on the
information about the number of voters registered in accordance with the
requirements of Article 16 of the Federal Law “On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum” in the territories of the subjects of the Russian Federation,
provided by the executive bodies of state power of the subjects of the Russian
Federation, inform political parties, election commissions of the subjects of
the Russian Federation on the number of voters registered in the territories of
each subject of the Russian Federation;
7) hear reports
of representatives of the federal bodies of executive power, bodies of
executive power of the subjects of the Russian Federation and bodies of local
self-government on issues connected with preparation and conduct of the
elections;
8) distribute
funds allocated from the federal budget for financing preparation and conduct
of the elections, the activity of election commissions and the exercise of
their powers, the operation and development of automation facilities, the
training of election officials and education of voters; exercise control over
the proper use of these funds and over receipts to and expenditures from
electoral funds of political parties;
9) certify and
register federal lists of candidates; publish certified federal lists of
candidates, while the following information on each candidate is not to be
published: residential address with indication of street, house and apartment
number; series, number and date of issue of the passport or an equivalent
identity document; name or code of the body which issued the passport or an
equivalent identity document;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
10) register
attorneys and authorized persons of political parties, including authorized
representatives of political parties for financial issues;
11) certify the lists of authorized representatives of regional
branches of political parties for financial issues;
12) issue ID cards of the established form to registered
candidates, attorneys of political parties;
13) exercise
control over observance of the rules of information of voters and the order of
campaigning in the territory of the Russian Federation;
14) establish
unified numeration of election precincts formed outside the territory of the
Russian Federation;
15) approve of
the forms (if necessary, machine readable forms) of documents connected with
preparation and conduct of the elections; determine the methods of protection
of the ballot and absentee certificate and, if necessary, the methods of
protection of the voters’ list and other documents connected with preparation
and conduct of the elections; deal with issues related to the production of
these documents;
16) approve of
the text of the ballot in the Russian language;
17) approve of
samples of seals of election commissions;
18) approve of
the order of the delivery of documents, connected with preparation and conduct
of the elections, to election commissions; approve of the order of safe storage
of these documents, their transfer to archives and their disposal upon the
expiry of their safe storage periods and coordinate this order with the federal
body of executive power in charge of normative-legal regulation in the
archive-keeping sphere;
19) develop
standard quotas of the technical equipment (booths for voting, ballot boxes)
required for the work of precinct election commissions; approve of these
standard quotas and exercise control over compliance therewith;
20) deal with
issues connected with the logistical support of the elections;
21) inform voters on the time and order of the performance of
election actions, the progress of the election campaign, the political parties
which nominated lists of candidates;
22) establish who of the registered candidates included in the
federal lists of candidates have been elected deputies of the State Duma and
provide such candidates with certificates of election;
23) establish
the results of the elections and arrange their official publication;
24) make up the lists of registered candidates elected deputies
of the State Duma and present these lists along with other necessary documents
to the State Duma;
25) call and organize repeat elections;
26) considers complaints (applications) concerning decisions and
actions (inaction) of the election commissions of the subjects of the Russian
Federation and their officials and take reasoned decisions on such complaints
(applications);
27) exercise other powers in accordance with this 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.”
Article 26.Powers of Election Commission of the Subject of the Russian
Federation
1. During
preparation and conduct of the election of deputies of the State Duma the
election commission of the subject of the Russian Federation shall:
1) coordinate
the activities of subordinate election commissions in the territory of the
subject of the Russian Federation and render methodological, organizational,
technical and other assistance to these commissions;
2) ensure
cooperation between the Central Election Commission of the Russian Federation
and the bodies of state power of the subject of the Russian Federation;
3) exercise control
over observance of electoral rights of citizens of the Russian Federation in
the territory of the subject of the Russian Federation;
4) distribute
funds allocated for financing preparation and conduct of the elections in the
territory of the subject of the Russian Federation, including between
territorial election commissions; exercise control over the proper use of these
funds;
5) exercise
control over receipts to and expenditures from electoral funds of regional
branches of political parties;
6) register authorized representatives of regional branches of
political parties for financial issues;
7) hear reports of representatives of bodies of executive power
of the subject of the Russian Federation, bodies of local self-government on
issues connected with preparation and conduct of the elections;
8) ensure the
uniform use of GAS “Vybory” in the territory of the
subject of the Russian Federation in accordance with the procedure established
by the Central Election Commission of the Russian Federation;
9) ensure
compliance with the standard quotas of the technical equipment (booths for
voting, ballot boxes), approved by the Central Election Commission of the
Russian Federation for precinct election commissions, and with the procedure
for safe storage of documents connected with preparation and conduct of the
elections, their transfer to archives and their disposal upon the expiry of
their safe storage periods;
10) exercise
control over the provision of premises, transport facilities and means of
communication to territorial and precinct election commissions and over the
implementation of decisions adopted by these commissions on issues connected
with the logistical support of the elections;
11) exercise control over and ensure compliance with the uniform
procedure for vote-counting, establishment of voting results and with the
procedure of their publication in the territory of the Russian Federation
subject;
12) establish
unified numeration of election precincts in the territory of the subject of the
Russian Federation;
13) exercise control over timely and correct preparation of
voters’ lists;
14) exercise control over the compliance with the rules for
information of voters and election campaigning rules in the territory of the
subject of the Russian Federation;
15) take measures to distribute free air time between regional
groups of candidates;
16) inform voters on the time and procedure for the performance
of electoral actions, the progress of the election campaign, the candidates,
the political parties which registered federal lists of candidates;
17) in the cases and in accordance with the procedure provided
by this Federal Law approve of the text of the ballot in the official language
of the republic of the Russian Federation, in the languages of the peoples of
the Russian Federation in the territory of their compact settlement;
18) in accordance with the decisions of the Central Election
Commission of the Russian Federation arrange for the production of ballots and
for their delivery to territorial election commissions;
19) make arrangements for the delivery of absentee certificates,
other documents connected with preparation and conduct of the elections to
subordinate election commissions;
20) establish
voting results in the subject of the Russian Federation, communicate them to
the mass media and present the protocol on voting results (protocols on voting
results in each territory of the subject of the Russian Federation) to the
Central Election Commission of the Russian Federation;
21) publish (publicize) voting results in the subject of the
Russian Federation in the regional state mass media;
22) considers complaints (applications) concerning decisions and
actions (inaction) of the territorial election commissions and their officials
and take reasoned decisions regarding such complaints (applications);
23) exercise other powers in accordance with this 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.”
Article 27.Powers of the Territorial Election Commission
1. During
preparation and conduct of the election of deputies of the State Duma the
territorial election commission shall:
1) exercise
control over preparation and conduct of the elections, observance of electoral
rights of citizens in the given territory; inform the population on the
location and telephone numbers of the territorial election commission and
precinct election commissions;
2) form precinct
election commissions and appoint their chairmen;
3) coordinate the work of precinct election commissions n the given territory, consider complaints (applications)
concerning decisions and actions (inaction) of these election commissions and
adopt reasoned decisions thereon;
4) prepare
voters’ lists for the given territory, separately for each election precinct,
in accordance with the form established by the Central Election Commission of
the Russian Federation, save as otherwise provided by Clauses 4 - 7, Article 15
of this Federal Law; verify data on voters;
5) hear reports of the representatives of bodies of local
self-government on issues connected with preparation and conduct of the
elections;
6) distribute funds allocated to it for financing preparation
and conduct of the elections, including between precinct election commissions;
exercise control over the proper use of these funds;
7) make arrangements for the delivery of ballots and other
documents connected with preparation and conduct of the elections to precinct
election commissions;
8) issue absentee certificates to voters;
9) render
methodological, organizational and technical assistance to precinct election
commissions in the organization of voting at polling stations;
10) exercise control in the given territory over compliance with
the procedure of informing of voters and the election campaigning rules;
11) ensure that
GAS “Vybory” is used in the given territory in
accordance with the procedure established by the Central Election Commission of
the Russian Federation;
12) exercise control over and ensure compliance with the uniform
procedure for vote-counting and establishment of voting results in the given
territory;
13) ensure compliance with the standard quotas of the technical
equipment (booths for voting, ballot boxes), approved by the Central Election
Commission of the Russian Federation for precinct election commissions;
14) establish voting results in the given territory, present
them to the mass media and transfer the protocol on voting results to the
election commission of the subject of the Russian Federation;
15) make
arrangements for the transfer of documents connected with preparation and
conduct of elections to superior election commission or to an archive
institution of the subject of the Russian Federation in accordance with the
procedure approved by the Central Election Commission of the Russian Federation
or dispose of such documents after expiry of their safe storage periods;
16) inform
voters on the time and procedure for the performance of electoral actions, the
progress of the election campaign;
17) exercise other powers in accordance with this 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. Territorial
election commissions formed in accordance with Clause 2, Article 20 of this
Federal Law shall have the powers set forth in Clause 1 of this Article, save
the powers set forth in Paragraphs 4, 5 8, 16, Clause 1 of this Article.
Territorial election commissions formed in accordance with Clause 3, Article 20
of this Federal Law shall have the powers set forth in Clause 1 of this
Article, save the powers set forth in Paragraphs 2, 4, 5, 8 and 16, Clause 1 of
this Article.
Article 28.Powers of Precinct Election Commission
1. During
preparation and conduct of the election of deputies of the State Duma the
precinct election commission shall:
1) inform the
population on the location and telephone number of the precinct election
commission, its working hours, about the day, time and place of voting;
2) correct the
voters’ list for the given election precinct and, in cases provided by Clauses
4 - 7, Article 15 of this Federal Law, prepare and correct the voters’ list,
3) acquaint voters with the voters’ list; consider statements
about errors and inaccuracies in the voters’ list and make required corrections
therein;
4) issue absentee certificates to voters;
5) exercise control over compliance with the rules for posting
of the election campaign materials in the territory of the election precinct;
6) ensure
preparation and equipment of polling station;
7) inform voters on registered federal lists of candidates,
registered candidates on the basis of the information received from superior
election commission;
8) ceased to be in force. – The Federal Law of July 25, 2011,
No.262-FZ;
9) organize
voting at the election precinct on the voting day and organize early voting;
10) count votes; establish voting results for the given election
precinct; prepare the protocol on voting results and deliver this protocol to
superior election commission;
11) consider
complaints (applications) on violations of this Federal Law and take reasoned
decisions thereon;
12) ensure safe
storage of the documents connected with preparation and conduct of the
elections and transfer of these documents to the appropriate superior election
commission;
13) make arrangements for the use of technical vote-counting
facilities in the territory of the election precinct in accordance with the
procedure 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.”
14) exercise other powers under this Federal Law.
2. The period of
powers of the precinct election commission shall expire in 10 days after the
day of the official publication of the results of the election of deputies of
the State Duma if no complaints (applications) have been received by the
superior election commission on decisions and actions (inaction) of the given
election commission, which resulted in the violation of the voting and/or the
vote-counting procedure and also if there are no on-going judicial proceedings
in connection with such facts. If the voting results for the given election
precinct, given territory or the election results have been challenged, the
period of powers of the precinct election commission shall expire from the date
on which the superior election commission adopts its decision on the complaint
(application) or the relevant court order becomes legally effective.
Article 29.Publicity of Activity of Election Commissions
1. Members and
staff personnel of the superior election commissions, the authorized
representative of the political party that registered a federal list of
candidates or any candidate from this list may attend all meetings of any
election commission and be present when the precinct, territorial election
commission is working with voters’ lists, ballots, absentee certificates,
protocols and consolidated tables of voting results. The aforementioned persons
shall not need any additional permission from an election commission to attend
its meetings and be present when the election commission is working with the
aforementioned documents. Members of the press may be present at all meetings
of any election commission, when it works with the aforementioned electoral
documents and counting votes.
2. Election
commissions shall inform the election commission of the next higher level, the
authorized representative of each political party that registered a federal
list of candidates on the time and place when and where the election commission
is to hold its meetings and shall ensure free access of the persons mentioned
in Clause 1 of this Article to these meetings and to the premises where it
counts votes or works with the documents mentioned in Clause 1 of this Article.
3. When election
commissions consider complaints (applications), its meeting may be attended by
claimants, representatives of interested parties, who may give explanations and
submit evidence to the point of the issue under consideration.
4. Election
commissions shall inform voters on the results of the registration of federal
lists of candidates; on biographical and other data of registered candidates;
on other data of such candidates which was received by election commissions in
accordance with this Federal Law; on voting results for each registered federal
list of candidates.
5. On the voting
day and on the days of early voting, from the time the precinct election commission
begins its work and until it is notified by the superior election commission of
acceptance of the protocol on voting results and also in the event of vote
recount, the persons mentioned in Clause 1 of this Article as well as
observers, foreign (international) observers may be present at election
precincts. Observers, foreign (international) observers may be present in other
election commissions when these commissions establish voting results and
election results, prepare protocols on voting results and election results and
at the vote recount.
6. All members
of the election commission, other persons mentioned in Clause 1 of this
Article, observers shall be allowed to enter the premises of the precinct
election commission of any election precinct formed in the territory of a
military unit, in a closed administrative-territorial unit, at a hospital,
sanatorium, holiday hotel, places where persons suspected or accused of
commission of a crime are held in custody and other places of a temporary stay
of voters, as well as the polling station and the premises where votes are
being counted.
7. Non-voting
members of election commissions, observers, members of the press present during
the voting and vote counting in precinct election commissions may wear name tags
free from any signs of election campaigning, which show their status; their
surname, first name and patronymic; the name of the political party that
appointed the non-voting member or sent the observer to the election
commission; and, in the case of members of the press, the name of the mass
media which they represent.
8. In cases
where this Federal Law provides for providing the persons mentioned in Clause 5
of this Article with certified copies of protocols on voting results and
election results, other documents connected with preparation and conduct of
elections, these copies shall be certified by the chairman, deputy chairman or
secretary of the given election commission. The person certifying a copy of the
document shall write the words “True copy” or “This is a true copy” on the copy
being certified, put his signature, write his surname and initials, the date
and time when the copy was certified and affix the seal of the given election
commission.
Chapter 4. OBSERVERS, FOREIGN (INTERNATIONAL) OBSERVERS, MASS
MEDIA REPRESENTATIVES
Article 30.Observers
1. Observers may be appointed by each political party that registered a federal
list of candidates.
2. A citizen of the Russian Federation with the right to elect may become an
observer. Persons occupying elective offices, deputies, higher officials of the
subjects of the Russian Federation (heads of high executive bodies of state
power of the subjects of the Russian Federation), heads of local
administrations, persons directly subordinate to them, judges, prosecutors,
voting members of election commissions cannot become observers.
3. The powers of an observer shall be certified in writing in the certificate
issued by the political party mentioned in Clause 1 of this Article. This
certificate must indicate the surname, first name and patronymic of the
observer; his residential address; the number of the election precinct to which
he is sent; the absence of the restrictions set forth in Clause 2 of this
Article. Provision of any additional information on the observer shall not be
required. The certificate shall be valid if presented together with the
passport or an equivalent identity document. No advance notification of sending
of an observer shall be required.
4. The
certificate indicated in Clause 3 of this Article may be presented to the
precinct election commission in the period stipulated by Clause 5, Article 29
of this Federal Law and to other election commissions - in the period from the
commencement of the voting at election precincts to completion of the work on
the protocol on voting results, election results, including results of vote
recount.
5. The political
party mentioned in Clause 1 of this Article may appoint several observers to
each election commission, who may take turns while monitoring the activities at
the polling station. Two and more persons, representing the interests of one
political party shall not simultaneously act as observers in the premises of an
election commission or at the polling station. No restrictions other than those
imposed by this Federal Law shall be established for the presence of observers
in the premises of an election commission or at the polling station; for
monitoring of voting and vote counting, preparation of protocols on voting results;
for the issuance of copies of these protocols.
6. The observer
is entitled to:
1) inspect voters’ lists, the register of issued absentee
certificates, absentee certificates kept by the election commission, register
of applications for voting outside the polling station;
2) be present at
the polling station of the given election precinct on the voting day, on the
days of early voting at any time during the period mentioned in Clause 5,
Article 29 of this Federal Law;
3) observe
issuing of ballots to voters;
4) be present when voters vote outside the polling station;
5) observe
counting of the number of voters in the voters’ lists, number of ballots issued
to voters, number of canceled ballots, number of absentee certificates;
6) observe counting of votes from a distance and in the
conditions which allow the observer to see the marks made on the ballots by
voters;
7) inspect any
marked and unmarked ballot when votes are being counted; observe preparation of
the protocol on voting results and other documents by the election commission
during the period mentioned in Clause 5, Article 29 of this Federal Law;
8) make
proposals and remarks concerning the organization of voting to the chairman of
the precinct election commission or, in his absence, to his deputy;
9) inspect the
protocol of the election commission to which the observer is sent and protocols
on voting results, election results of the subordinate election commissions and
documents attached to these protocols; receive from the election commission
certified copies of these protocols;
10) appeal
decisions and actions (inaction) of the election commission to which the
observer is sent to the superior election commission or a court;
11) present at vote recounting in the given election commission.
7. The observers
are forbidden to:
1) issue ballots to voters;
2) sign for a
voter for receipt of a ballot even at voter’s request;
3) mark the
ballot for a voter even at voter’s request;
4) do anything
that violates the secrecy of voting;
5) directly participate in the counting of ballots together
with the voting members of the election commission;
6) do anything
that interferes with the work of the election commission;
7) conduct
election campaigning among voters;
8) participate in the adoption of decisions by the election
commission.
Article 31. Foreign (International) Observers
1. Foreign
(international) observers shall receive a permission to enter the Russian
Federation in accordance with the procedure established by the Federal Law and,
if they receive an invitation mentioned in Clause 3 of this Article, they shall
be accredited by the Central Election Commission of the Russian Federation.
2. The activity
of foreign (international) observers shall be regulated by the international
treaties of the Russian Federation, this Federal Law, and other the Federal
Laws.
3. Invitations
may be sent by the President of the Russian Federation, the Chambers of the
Federation Council of the Russian Federation, the Government of the Russian
Federation, the Central Election Commission of the Russian Federation after the
official publication of a decision to call the election of deputies of the
State Duma. The suggestions to send invitations may be made by the Human Rights
Commissioner of the Russian Federation, international and national governmental
and non-governmental organizations and private persons with recognized
authority in the field of the protection of human rights. The Central Election
Commission of the Russian Federation shall send invitations to election bodies
of foreign states and to international organizations specializing in the issues
of the election legislation and elections, protection of the rights of citizens
to participate in elections and referenda.
4. The Central
Election Commission of the Russian Federation shall provide a foreign
(international) observer with a certificate of an established form on the basis
of the documents presented by the observer (an application for accreditation as
a foreign (international) observer; a copy of the invitation received from the
body or person mentioned in Clause 3 of this Article; an identity document of
the foreign (international) observer. The provided certificate shall allow the
foreign (international) observer to carry on his activity during the period mentioned
in Clause 5 of this Article.
5. The terms of
powers of a foreign (international) observer shall commence from the day on
which the observer receives accreditation at the Central Election Commission of
the Russian Federation and shall end on the day of the official publication of
the results of the election of deputies of the State Duma.
6. Election
commissions, bodies of state power, other state bodies, bodies of local
self-government, officials shall render the necessary assistance to a foreign
(international) observer within the scope of their competence.
7. A foreign
(international) observer shall carry out his activity independently and by
himself. The material and financial support for the activity of a foreign
(international) observer shall be provided at the expense of the organization
which sent the observer or at his own expense.
8. Foreign
(international) observers may meet with candidates, representatives of
political parties and other public associations, observers.
9. Foreign
(international) observers may publicly express their opinion on the election
legislation of the Russian Federation and preparation and conduct of the
election of deputies of the State Duma, hold press conferences and contact
members of the press only after the voting time ends in the whole territory of
the Russian Federation.
10. Foreign
(international) observers shall not take advantage of their status to carry out
activities unrelated to monitoring preparation and conduct of the election of
deputies of the State Duma.
11. The Central
Election Commission of the Russian Federation may revoke accreditation of a
foreign (international) observer if he violates the universally accepted
principles and norms of international law, this Federal Law, other Federal
Laws.
Article 32. Mass media representatives
Mass media
representatives that participate in the coverage of preparation and conduct of
the election of deputies of the State Duma are entitled to:
1) attend meetings of election commissions;
2) examine the
protocol on voting results of the precinct election commission and protocols on
voting results and election results of other election commissions, including
protocols that are prepared for the second time;
3) receive from the relevant election commission copies of the
protocols and attached documents mentioned in Clause 2 of this Article;
4) attend and cover election campaigning events;
5) present at a polling station on the voting day, on the days
of early voting, take photos and make video films.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
Chapter 5.POLITICAL PARTIES
Article 33.Participation of Political Parties in the Election of Deputies
of the State Duma
1. Political
parties participate in the election of deputies of the State Duma including
nomination of the lists of candidates in accordance with this Federal Law and
the Federal Law "On Political Parties." The political party is
entitled to nominate one list of candidates.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2. The federal
body of executive power authorized to register political parties shall prepare
the list of political parties which are entitled to participate in the election
of deputies of the State Duma under the law "On Political Parties"
and this Federal Law including nomination of the federal lists of candidates as
of the day of official publication of the decision to call the election of
deputies of the State Duma, and shall, within three days of the date when this
decision was officially published (publicized), publish this list of political
parties in national state print periodicals, post it in the Internet and,
within the same period, submit this list to the Central Election Commission of
the Russian Federation along with the excerpts from the statutes of the political
parties contained therein with the description of the party emblems effective
as of the day of the official publication of the decision to call the election.
Article 34.Name and Emblem of Political Party
1. The political
party that nominated the federal list of candidates shall submit information on
its name to the Central Election Commission of the Russian Federation.
2. The name of
the political party shall be the name indicated in its statutes.
3. When
submitting the lists of candidates for certification the political party is
entitled to submit to the Central Election Commission of the Russian Federation
its emblem described in its statutes.
4. The election
documents shall use the full name of the political party if it consists of not
more than seven words. If the full name of the political party consists of more
than seven words and its abbreviated name - of not more than seven words, the
election documents shall use the abbreviated name of the political party. If
both the full and the abbreviated name consists of more than seven words, this
political party shall coordinate with the Central Election Commission of the
Russian Federation a brief name (consisting of not more than seven words),
which shall be used in election documents. The brief name of the political
party shall meet the requirements set forth in Article 6 of the Federal Law “On
Political Parties” and shall consist only of the words forming the name of the
political party indicated in its statutes. The political party shall also
coordinate with the Central Election Commission of the Russian Federation the
party emblem to be used in election documents.
(Clause 4 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
5. The name and
emblem of the political party shall not be changed after they have been
submitted to the Central Election Commission of the Russian Federation.
Article 35.Authorized Representatives of Political Party and its Regional
Branches
1. The political
party that nominated the federal list of candidates may appoint not more than
500 representatives authorized under this Federal Law to represent the
political party in all issues related to its participation in the election of
deputies of the State Duma, including representatives for financial issues
(hereafter - authorized representatives of the political party, authorized
representative of the political party for financial issues).
2. The political
party shall, at the suggestion of its regional branch, appoint authorized
representatives for financial issues, vested with powers to manage the
electoral fund of this regional branch and with other related powers (hereafter
also - authorized representatives of the regional branch of the political party
for financial issues”).
3. The
authorized representatives mentioned in Clauses 1 and 2 of this Article shall
be appointed by the decision of the congress of the political party or by the
decision of the body authorized to do so by the congress of the political
party. Such decision shall contain surname, first name and patronymic, date of
birth, series, number and date of issuance of the passport or an equivalent
identity document, main place of work or service, position (occupation, if
there is no main place of work or service), residential address of each
authorized representative and his powers. For an authorized representative of
the political party for financial issues or an authorized representative of the
regional branch of the political party for financial issues the decision shall
also indicate that the representative has the right to sign payment
(settlement) documents.
4. The lists of
authorized representatives mentioned in Clauses 1 and 2 of this Article shall
be submitted to the Central Election Commission of the Russian Federation on
paper and in established machine-readable form. The lists shall contain the
data on authorized representatives which is specified in Clause 3 of this
Article, the telephone number of each authorized representative and, for an
authorized representative of the political party for financial issues or an
authorized representative of the regional branch of the political party for
financial issues the fact that this person is an authorized representative for
financial issues and the scope of his powers. This list shall be accompanied by
a written consent of each of the listed persons to act as an authorized
representative.
5. Authorized
representatives of the political party shall exercise their powers on the basis
of the decision mentioned in Clause 3 of this Article and authorized
representatives of the political party for financial issues or authorized
representatives of the regional branch of the political party for financial
issues also on the basis of a duly executed and notarized power of attorney
stating surname, first name and patronymic, date and place of birth,
residential address, series and date of issuance of the passport or an
equivalent identity document, name or code of the body which issued the
passport or an equivalent identity document, powers of the given person, and an
imprint of the seal for the financial documents of the political party,
regional branch of the political party.
6. Authorized
representatives of the political party for financial issues shall be subject to
registration by the Central Election Commission of the Russian Federation. Such
registration shall be carried out on the basis of the decision and the power of
attorney mentioned in Clauses 3 and 5 of this Article, respectively, upon
presentation of the passport or an equivalent identity document by the authorized
representative.
7. The list of
authorized representatives of the regional branch of the political party for
financial issues shall be subject to registration by the Central Election
Commission of the Russian Federation and, after the federal list of candidates
nominated by the political party is certified, shall be submitted to the
respective election commissions of the subjects of the Russian Federation for
the registration of authorized representatives of the regional branch of the
political party for financial issues. Such registration shall be carried out on
the basis of the decision and the power of attorney mentioned in Clauses 3 and
5 of this Article, respectively, upon presentation of the passport or an
equivalent identity document by the authorized representative.
8. Subject to
the decision of the body of the political party competent to take such
decisions, the political party may at any time terminate the powers of any of
its authorized representatives by serving written notice to this effect on this
representative and presenting a copy of the relevant decision to the Central
Election Commission of the Russian Federation and the election commission of
the given subject of the Russian Federation. A copy of the decision to
terminate powers of an authorized representative of the political party for
financial issues or authorized representative of the regional branch of the
political party for financial issues shall also be submitted to the branch of
the Savings Bank of the Russian Federation where the political party or the
corresponding regional branch of the political party opened a special election
account for the formation of its electoral fund.
9. The
authorized representatives mentioned in Clauses 1 and 2 of this Article shall
not take advantage of their office or official position.
10. The period
of powers of authorized representatives of the political party shall commence
from the day of their appointment and expire upon the loss of their status by
all candidates included in the federal list of candidates nominated by this
political party but not later than the day of the official publication of the
results of the election of deputies of the State Duma.. The period of powers of
authorized representatives of the political party for financial issues and
authorized representatives of the regional branch of the political party for
financial issues shall expire in 90 days after the voting day or, if the
political party that appointed them is involved in judicial proceedings, from
the day following the day on which the court decision become legally effective.
11. An
authorized representative of the political party that registered the federal
list of candidates may receive from the election commission of the subject of
the Russian Federation the list of election precincts indicating their
boundaries, the addresses and telephone numbers of territorial and precinct
election commissions, addresses of polling stations.
Chapter 6.NOMINATION AND REGISTRATION OF FEDERAL LISTS OF CANDIDATES
Article 36.Nomination of Federal List of Candidates
1. A decision to
nominate the federal list of candidates shall be taken by secret balloting at
the congress of the political party.
2. The procedure
for inclusion of candidates in the federal list of candidates and the procedure
for conducting secret balloting mentioned in Clause 1 of this Article shall be
determined by the statutes of the political party.
3. The political
party shall nominate the federal list of candidates at its congress not earlier
than in 10 days and not later than in 30 days after the day of the official
publication of the decision to call the election of deputies of the State Duma.
4. In the event
of the dissolution of the State Duma, nomination of the federal list of
candidates may be carried out at the congress of the political party not
earlier than in 10 days and not later than in 30 days after the day of the
official publication of the decree of the President of the Russian Federation
announcing the early election of deputies of the State Duma of a new
convocation or publication of the decision of the Central Election Commission
of the Russian Federation adopted in pursuance of Clause 5, Article 6 of this
Federal Law.
5. The decision
of the congress of the political party on the nomination of the federal list of
candidates shall be recorded in its minutes, which shall state:
1) the number of registered delegates of the congress;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2) the number of delegates of the congress which is required
for an adoption of the decision under the statutes of the political party.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
3) the decision on the nomination of the federal list of
candidates and the results of the vote taken on this decision (with attachment
of the federal list of candidates);
4) the decision
on the appointment of authorized representatives of the political party,
authorized representatives for financial issues and also on the appointment of
authorized representatives of the regional branches of the political party for
financial issues (if such representatives are appointed);
5) the date of the decision;
6) the regional group of candidates which will receive votes
cast for the federal list of candidates by voters residing outside the Russian
Federation, if the political party adopts the decision mentioned in Clause 9.1
of this Article
(Clause 6
introduced by the Federal Law of July 21, 2007, No.188-FZ)
6. The political
party may include in the federal list of candidates persons who are not members
of political parties. Such persons may amount to not more than 50 percent of
the number of candidates in the federal list of candidates. The political party
may not include in the federal list of candidates persons who are members of other
political parties.
(as amended by the Federal Laws of July 12, 2006, No.106-FZ
and of April 26, 2007, No.64-FZ)
7. The federal
list of candidates shall be certified by the signature of a person authorized
to do so by the statutes of the political party or the decision of the
competent body of the political party and by the seal of the political party.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
8. The
composition of the federal list of candidates and the arrangement of candidates
on the list shall be determined by the political party in accordance with the
requirements set forth in Clauses 6, 9 - 11, 15 - 22 of this Article.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
9. The federal
list of candidates shall be divided (fully or in part) into regional groups of
candidates corresponding to one subject of the Russian Federation, groups of
subjects of the Russian Federation, a part of the territory of the subject of
the Russian Federation.
9.1. The
political party may determine the regional group of candidates which is to
receive votes cast for the federal list of candidates by voters residing
outside the Russian Federation.
(Clause 9.1
introduced by the Federal Law of July 21, 2007, No.188-FZ)
10. The number
of voters registered in the territory of a group of subjects of the Russian
Federation to which a regional group of candidates corresponds, shall not
exceed 3 million. The number of voters registered in the part of the territory
of one subject of the Russian Federation, to which a regional group of
candidates corresponds, shall not be less than 650 thousand.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
11. A regional
group of candidates may correspond to a part of the territory of the subject of
the Russian Federation provided the number of voters registered in the entire
territory of the given subject of the Russian Federation exceeds 1.3 million.
12. Ceased to be
in force. – The Federal Law of April 26, 2007, No.64-FZ.
13. Not later
than in 20 days before expiration of the period within which the election of
deputies of the Sate Duma is to be called and, in the
event of early elections, not later than in five days after publication of the
decision to call the election of deputies of the State Duma, the Central
Election Commission of the Russian Federation shall determine the boundaries of
the parts of territories of the subjects of the Russian Federation to which
regional groups of candidates may correspond and shall publish the list of such
parts of the territories with the indication of their names and the names of
administrative-territorial units or municipal formations or populated centers
comprised therein (if the territory of the part of the subject of the Russian
Federation includes a part of the territory of an administrative-territorial
unit or a municipal formation or a populated center, the list shall describe
the boundaries of the given part of the territory of the
administrative-territorial unit or the municipal formation or the populated
center).
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
14. In
determining the boundaries of parts of the territories of the subjects of the
Russian Federation to which regional groups of candidates may correspond, the
Central Election Commission of the Russian Federation shall meet the following
requirements:
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
1) the number of voters registered in the territory of the
subject of the Russian Federation is divided by 650 thousand. The whole part of
the number received as the result of such division is the number of parts into
which this subject of the Russian Federation is divided.
2) the parts of
the territory of the subject of the Russian Federation must be approximately
equal with account of the number of registered voters, with the permissible
deviation of the number of voters registered in one part of the territory of
the subject of the Russian Federation from the number of voters registered in
each of the other parts of the territory of the same subject of the Russian
Federation not exceeding 15 percent. In meeting this requirement due account
shall be taken of the administrative-territorial structure (division) of the
subject of the Russian Federation, the territory of municipal formations. If
not less than 650 thousand voters are registered in the territory of an urban
district, such urban district may be divided between not more than two parts of
the territory of the subject of the Russian Federation. In this case one of the
parts shall comprise only the territory of such urban district. If less than
650 thousand but not less than 300 thousand voters are registered in the
territory of an urban district, such urban district may not be divided between
parts of the territory of the subject of the Russian Federation.
3) a part of the territory of the subject of the Russian
Federation may not be formed out of territories with no common borders, with
the exception of territories with no common borders with other territories in
the given Russian Federation subject;
4) the name of a part of the territory of the subject of the
Russian Federation shall include the name of the given subject of the Russian
Federation.
15. A part of
the territory of the subject of the Russian Federation to which a regional group
of candidates corresponds may correspond either to a part of the territory of
the subject of the Russian Federation as determined in accordance with Clauses
13 and 14 of this Article or to a group of parts of the territory of the
subject of the Russian Federation as determined in accordance with Clauses 13
and 14 of this Article.
16. In the
federal list of candidates not more than one group of candidates shall
correspond to one subject of the Russian Federation, including a subject of the
Russian Federation comprised in a group of subjects of the Russian Federation,
or to one part of the territory of the subject of the Russian Federation.
17. It shall not
be allowed to divide the federal list of candidates into regional groups of
candidates corresponding to territories with no common borders, save the case
where the subject of the Russian Federation has no common borders with any
other subjects of the Russian Federation or a case where a territory comprised
in the subject of the Russian Federation has no common borders with any other
territories comprised in this subject of the Russian Federation.
18. Regional
groups of candidates corresponding to one subject of the Russian Federation,
groups of subjects of the Russian Federation, a part of the territory of the
subject of the Russian Federation shall form the regional part of the federal
list of candidates. In the federal list of candidates each regional group shall
be assigned a consecutive number and it shall be indicated to what subject of
the Russian Federation, what group of subjects of the Russian Federation (with
the indication of the list of the subjects of the Russian Federation), the part
of the territory of the subject of the Russian Federation or the group of parts
of the territory of the subject of the Russian Federation (with the indication
of the list of parts of the territory of the subject of the Russian Federation)
each regional group of candidates corresponds. If the political party adopts a
decision mentioned in Clause 9.1 of this Article, the federal list of
candidates shall also indicate the regional group of candidates that will
receive the votes cast for the federal list of candidates by voters residing
outside the Russian Federation.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ
and of July 21, 2007, No.188-FZ)
19. The number
of regional groups of candidates shall not be less than seventy. The Regional
part of the federal list of candidates shall cover all subjects of the Russian
Federation.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ
and of February, 23, 2011, №. 17-FZ)
20. The
all-federal part of the federal list of candidates may include not more than
ten candidates.
(as amended by the Federal Law of November 29, 2010,
No.325-FZ)
21. A candidate
may be included into the federal list of candidates only once.
22. The total
number of candidates included in the federal list of candidates shall not
exceed six hundred.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
Article 37.Guarantees for Exercise of the Right to Be Elected of Citizens
who are not Members of Political Parties
(as amended by the Federal Law of July 12, 2006, No.106-FZ)
1. Not
later than in three days after the day of the official publication of the
decision to call the election of deputies of the State Duma or, in the event of
early elections, not later than in three days after the day of the official
publication of the decree of the President of the Russian Federation calling
the early election of deputies of the State Duma of the new convocation or
publication of the decision of the Central Election Commission of the Russian
Federation adopted in pursuance of Clause 5, Article 6 of this Federal Law,
each citizen of the Russian Federation who has the right to be elected and is not
a member of any political party may apply to any regional branch of any
political party for his inclusion in the federal list of candidates to be
nominated by this political party. If supported by not less than ten members of
the political party who are registered with the given regional branch, this
candidate shall be considered by the conference (assembly) of the regional
branch of the political party when it deals with the issues related to
participation of the political party in the election.
(as amended by the Federal Laws of July 12, 2006, No.106-FZ
and of April 26, 2007, No.64-FZ)
2. A candidate
supported by the conference (assembly) of the regional branch of the political
party shall be considered by the congress of the political party when it deals
with the issues of nominating the federal list of candidates, on par with other
candidates proposed for inclusion in the federal list of candidates.
3. The absence
of any applications mentioned in Clause 1 of this Article shall not prevent the
political party form including a citizen of the Russian Federation, who is not
a member of this political party or any other party, in its federal list of
candidates on its own initiative and in accordance with its statutes, if this
citizens agrees in writing to run for election within the federal list of
candidates and provided that the requirements set forth in Clause 6, Article 36
of this Federal Law are met.
(as amended by the Federal Law of July 12, 2006, No.106-FZ)
4. The regional
branch of the political party violating the requirements set forth in Clause 1
of this Article and the political party violating the requirements set forth in
Clause 2 of this Article shall bear liability under the Federal Law “On
Political Parties.”
Article 38. Filing of Federal Lists of Candidates and Other
Electoral Documents with the Central Election Commission of the Russian
Federation
1. The federal
list of candidates shall be submitted by an authorized representative of the
political party to the Central Election Commission of the Russian Federation
not later than in 30 days after the day of the official publication of the
decision to call the election of deputies of the State Duma. The federal list
of candidates shall contain surname, first name and patronymic; date and place
of birth; residential address; series, number and date of issuance of the
passport or an equivalent identity document; name or code of the body which
issued the passport or an equivalent identity document; education; main place
of work or service and position (in the absence of the main place of work or
service - occupation) of each candidate. If a candidate is a deputy and
exercises his powers on a non-permanent basis, the federal list of candidates
shall indicate this fact and the name of the relevant representative body. If a
candidate has a record of conviction that has not been withdrawn or spent, the
federal list of candidates shall contain information on the candidate's record
of conviction. Upon a candidate's request the federal list of candidates shall
indicate the candidate’s membership in the political party that nominated him
or in not more than one other public association, duly registered in accordance
with the law not later than a year before the voting day, and his status in the
given political party, given public association, provided that the candidate
submits a document confirming this information, which is officially certified
by the permanent leading body of the political party, public association.
(as amended by the Federal Laws of July 12, 2006m No.106-FZ,
of July 25, 2006, No.128-FZ, and of April 26, 2007, No.64-FZ)
2. The federal
list of candidates shall be submitted to the Central Election Commission of the
Russian Federation on paper and in machine-readable form established by the
Central Election Commission of the Russian Federation and provided to political
parties not later than in on the day of nomination of federal lists of
candidates under this Federal Law.
3. Together with
the federal list of candidates the authorized representative of the political
Party shall submit the following documents:
1) a notarized copy of a document on the state registration of
political parties issued by the federal executive body authorized for
registration of political parties;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
2) ceased to be in force. – The Federal Law of July 23, 2011,
No.259-FZ;
3) a decision of the congress of the political party on the
nomination of the federal list of candidates;
4) a list of
authorized representatives of the political party, authorized representatives
of the political party for financial issues and also authorized representatives
of the regional branches of the political party for financial issues (if such
representatives are appointed) which meet the requirements set forth in Clauses
3 and 4, Article 35 of this Federal Law.
5) ceased to be in force. – The Federal Law of April 26,
2007No.64-FZ;
6) a list of citizens included by the political party into the
federal list of candidates, who are members of this political party. This list
shall be officially certified by the permanent leading body of the political
party and shall be submitted on paper and in machine-readable form. The format
of the lists submitted on paper and in machine-readable form shall be
established by the Central Election Commission of the Russian Federation.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
4. Together with
the documents mentioned in Clauses 1 to 3 of this Article the authorized
representative of the political party shall submit:
1) the statement
of each candidate included in the federal list of candidates expressing his
consent to run for election within the federal list of candidates nominated by
the given political party and his obligation, if elected, to discontinue
activities incompatible with the status of a deputy of the State Duma. The
statement shall contain surname, first name and patronymic; date and place of
birth; residential address; series, number and date of issuance of the passport
or an equivalent identity document; name or code of the body which issued the
passport or an equivalent identity document; citizenship; education; main place
of work or service and position (in the absence of the main place of work or
service - occupation); if a candidate is a deputy and exercises his powers on a
non-permanent basis, the statement shall indicate this fact and the name of the
relevant representative body. If a candidate has a record of conviction that
has not been withdrawn or spent, the statement shall contain information on the
candidate's record of conviction. In the statement a candidate may indicate his
membership in the political party that nominated him or in not more than one
other public association duly registered in accordance with the law not later
than a year before the voting day, and his status in the given political party,
given public association, provided that the candidate submits a document
confirming this information, which is officially certified by the permanent
leading body of the political party, public association. When indicating his
membership in another public association a candidate shall coordinate with the
aforementioned body of the public association and with the Central Election
Commission of the Russian Federation the name of the given public association,
consisting of not more than seven words, which is used in election documents in
the election of deputies of the State Duma;
(Clause 1 as
amended by the Federal Laws of July 12, 2006, No.106-FZ, of July 25, 2006,
No.128-FZ, of April 26, 2007, No.64-FZ)
2) information on the size and sources of the income of each
candidate and on property owned and co-owned by the candidate, including
information on bank deposits, securities. This information shall be presented
in the form stated in Annex 2 to this Federal Law. The same information shall
be presented in machine-readable form in accordance with the format established
by the Central Election Commission of the Russian Federation.
(Clause 2 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
4.1. In case a disabled person is nominated within the list of candidates and
due to this reason cannot independently write a statement with consent to run
for election, file or certify other documents prescribed by the law, this
person has the right to use the assistance of other person. At this the powers
of the person providing assistance in filing or certifying documents prescribed
by Clause 4 of this Article shall be notarized.
(Clause 4.1.
introduced by the Federal Law of June 14, 2011, No.143-FZ)
5. A candidate
may be included only in one federal list of candidates.
6. The Central
Election Commission of the Russian Federation shall accept the federal list of
candidates and the attached documents together with a copy of the document
certifying the identity of the candidate and copies of the documents confirming
the information contained in the candidate's statement of consent to run for
election, which relate to his education, main place or work or service, position
(occupation), and the fact that the candidate is a deputy. Such copies shall be
certified by an authorized representative of the political party and shall be
submitted for each candidate included in the federal list of candidates. When
submitting the federal list of candidates and the attached documents with the
Central Election Commission of the Russian Federation the authorized
representative of the political party shall also produce powers of attorney for
authorized representatives of the political party for financial issues and for
authorized representatives of the regional branches of the political party for
financial issues (if such representatives are appointed) executed in accordance
with the requirements set forth in Clause 5, Article 35 of this Federal Law.
Copies of these powers of attorney shall be produced at the Central Election
Commission of the Russian Federation in the presence of the authorized
representative of the political party, certified by the signature of the person
who accepted the documents, and attached to these documents.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
7. Within seven
days, the Central Election Commission of the Russian Federation shall consider
the submitted documents and, based on the results of the consideration, shall
certify the federal list of candidates and provide the authorized
representative of the political party with a copy of the certified federal list
of candidates, or it shall refuse to certify the said list and shall present a
reasoned negative decision to the authorized representative of the political
party.
(Clause 7 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
8. The refusal
to certify a federal list of candidates may be due to the absence of the
documents, mentioned in Clauses 1 - 4 and 6 of this article, or the failure to
observe of the procedure established by Article 36 of this The Federal Law and
Clause 5 of this article for the nomination of a federal list of candidates.
(Clause 8 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
9. The political
Party may appeal the refusal to certify its federal list of candidates to the
Supreme Court of the Russian Federation, which shall consider the appeal within
five days.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
10. After a
federal list of candidates has been filed with the Central Election Commission
of the Russian Federation no changes shall be made in the composition of the
list and in the order of arrangement of candidates therein, save the changes
due to withdrawal of any candidate on the basis of his personal application or
in consequence of a candidate being removed from the federal list of candidates
by the political Party or because of the death of a candidate or in connection
with the removal of a candidate from the federal list of candidates by a
decision of the Central Election Commission of the Russian Federation.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
11. The Central
Election Commission of the Russian Federation shall post the information on the
certified federal lists of candidates and amendments to it (in the "read
only" mode) in the Internet.
Article 39.Support of Nomination of the Federal List of Candidates
(as amended by the Federal law of February 9,
2009, No.3-FZ)
1. Nomination of
the federal list of candidates shall be supported by voters entering their
signatures in signature lists save as otherwise provided by Clause 2 of this
Article.
(as amended by the Federal Laws of February 9, 2009, No.3-FZ
and of June 3, 2009, No.108-FZ)
2. Registration
of the federal list of candidates nominated by the political party which
federal list of candidates in accordance with officially published results of
the last previous election of deputies of the State Duma is admitted to
distribution of deputy seats (federal list of candidates that received a deputy
seat in accordance with Article 82.1 of this Federal Law), is carried out
without collection of signatures of voters under the decision on nomination of
the federal list of candidates adopted by the political party in the manner
prescribed by the Federal Law. On the basis of this decision without collection
of signatures of voters registration is carried out of the federal list of
candidates nominated by the political party which federal list of candidates
were admitted to distribution of deputy seats (lists of candidates of which
received deputy seats in accordance with the law of the subject of the Russian
Federation prescribed by Clause 17 of Article 35 of the Federal Law “On Basic
Guarantees of Electoral Rights and the Right of Citizen of the Russian
Federation to Participate in a Referendum “) on the day of official publication
of decision on nomination of deputies of the State Duma of legislative
(representative) state power bodies in not less than one third of the subjects
of the Russian Federation.
(as amended by the Federal Laws of February 9, 2009, No.3-FZ,
of May 12, 2009, No.94-FZ, of June 3, 2009, No.108-FZ, of April 22, 2010,
No.63-FZ).
3. During
election of deputies of the State Duma of the sixth convocation a political
party that carries out collection of signatures of voters in support of
nominated by such party federal list of candidates, shall collect not less than
150 thousand signatures. During the election of deputies of the State Duma of
next convocations such political party shall collect not less than 120 thousand
signatures. During collection of signatures in the election of deputies of the
State Duma of the sixth and following convocations, not more than 5 thousand
signatures shall be collected for one subject of the Russian Federation, whose
residential address shall be within the territory of such subject of the
Russian Federation, and at this signatures shall be collected not less than in
half of the subjects of the Russian Federation. If signatures are collected
among voters residing outside the territory of the Russian Federation, total
number of such signatures shall not exceed 5 thousand.
(Clause 3 as
amended by the Federal Law of June 3, 2009, No.108-FZ).
4. In the event
of the early election of deputies of the State Duma the number of signatures of
voters required for the registration of the federal list of candidates, the
number of signatures to be collected i the territory
of each subject of the Russian Federation and the number of signatures to be
collected outside the territory of the Russian Federation shall be reduced by
half.
5-6. Ceased to
be in force. – The Federal Law of February 9, 2009, No.3-FZ.
Article 40.Signature List
1. The signature
list shall indicate:
1) date of voting;
2) date of
certification of the federal list of candidates by the Central Election
Commission of the Russian Federation;
3) name of the
subject of the Russian Federation on which territory signatures are collected
(if signatures are collected among voters residing outside the territory of the
Russian Federation, the signature list shall indicate the name of the foreign
state);
4) name of the political party that nominated the federal list
of candidates;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
5) surname,
first name and patronymic of the candidates included in the all-federal part of
the federal list of candidates (if applicable) and the three top candidates of
the regional group of candidates (each of the regional groups of candidates)
corresponding to the subject of the Russian Federation on which territory
voters’ signatures are collected (if signatures are collected among voters
residing outside the territory of the Russian Federation, the signature list
shall indicate surname, first name and patronymic of candidates included in the
all-federal part of the federal list of candidates (if applicable), and, if the
political party adopts a decision mentioned in Clause 9.1, Article 36 of this
Federal Law, also surname, first name and patronymic of the three top
candidates of the corresponding regional group of candidates);
(as amended by the Federal Law of July 21, 2007, No.188-FZ as
amended by the Federal Law of July, 23, 2011 №. 259-FZ)
6) the number of the special electoral account for the
electoral fund of the political party, its regional branch used to pay for
production of signature lists.
(Clause 6
introduced by the Federal Law of April 26, 2007, No.64-FZ)
2. Withdrawn. –
The Federal Law of July 25, 2006, No.128-FZ.
3. If a
candidate whose data is stated in signature list has a conviction that is not
withdrawn or spent, data on candidate’s conviction shall be stated in signature
list additionally.
(Clause 3 as
amended by the Federal Law of July 23, 2011, No.259-FZ)
4. If a
candidate mentioned in the signature list indicated his membership in the
political Party or any other public association and his status therein in his
statement of consent to run for election in accordance with paragraph 1, Clause
4, Article 38 of this Federal Law, this data shall be stated in signature list.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ
and of July 23, 2011, No.259-FZ)
5. Production of
signature lists shall be paid for out of electoral funds of the political party
in accordance with the form established by Annex 1 to this Federal Law. Payment
for signature lists productions shall be made before commencement of signature
collection.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
Article 41.Procedure of Voters’ Signatures Collection in Support of
Nomination of Federal List of Candidates and Preparation of Signature Lists
1. The political
party may commence collection of voters’ signatures in support of nomination of
its federal list of candidates from the day on which payment was made for
production of signature lists.
(Clause 1 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
2. Voters’
signatures may be collected by any legally capable citizen of the Russian Federation
who has attained to the age of 18 years by the day of signature collection. The
political party may sign a contract for signature collection with a signature
collector.
3. The political
party shall make up a list of signature collectors according to the form
established by the Central Election Commission of the Russian Federation. The
list shall contain information about each signature collector: surname, first
name and patronymic; date of birth; residential address; number and date of
issuance of the passport or an equivalent identity document; name or code of
the body which issued the passport or an equivalent identity document; and
shall be signed by signature collectors. The information on signature
collectors and their signatures in the aforementioned list shall be notarized.
4. All expenses
related to collection of voters’ signatures shall be paid only out of the
electoral fund of the political party.
5. Voters’
signatures shall be collected at places of residence and other places where
election campaigning and signature collection are not prohibited by the Federal
Law.
6. Participation
of bodies of state power, bodies of local self-government, management bodies of
organizations of all forms of ownership, voting members of election commissions
in the collection of signatures shall not be allowed. In the course of
signature collection it shall be prohibited to force voters to put their
signatures or to remunerate them in any form for doing so. It shall be
prohibited to collect signatures at work places, at places of study, in the
course and at places where salaries, pensions, allowances, grants, other social
benefits are paid and when charitable aid is being provided.
7. Collection of
voters’ signatures shall be carried out by entering voters’ signatures in
signature lists. A voter may put his signature in support of nomination of
different federal lists of candidates, but only once in support of the same
federal list of candidates. A voter shall put his signature in the signature
list and write the date, his surname, first name and patronymic, year of birth
(if he is 18 years old as of the voting day - also the day and month of birth),
residential address, series and number of the passport or an equivalent
identity document. A voter shall put his signature and write the date with his
own hand. Upon a voter's request the data of the voter who put his signatures
in the signature list may be entered in the signature list by the signature
collector. All such data shall be handwritten. The use of pencils for the
purpose shall not be allowed.
8. Each
signature list shall be certified by signatures of signature collector and an
authorized representative of the political party. The signature collector
shall, with his own hand, write his surname, first name and patronymic; date of
birth; residential address; series and number of the passport or an equivalent
identity document and the date of its issuance; name or code of the body which
issued the passport or an equivalent identity document. Voter shall personally
sign the signature list and enter the date. The authorized representative of
the political party certifying the signature list shall sign the signature list
and, with his own hand, write the date against his surname, first name and
patronymic.
9. When signatures
are being collected the signature list may be filled out both on the face and
on the back of the list. The back shall be the continuation of the face and all
signatures in the signature list shall be numbered consecutively. The signature
collector and the authorized representative of the political party shall put
their signatures and write their data on the back of the signature list
directly below the last voter’s signature.
10. Upon a
voter’s request the signature collector shall present a copy of the federal
list of candidates certified by the Central Election Commission of the Russian
Federation.
11. After
collection of voters’ signatures the authorized representatives of the
political party shall count the number of collected signatures separately for
each subject of the Russian Federation where voters’ signatures were collected,
the number of collected signatures of voters residing outside the territory of
the Russian Federation and the total number of voters’ signatures. The counting
results shall be entered in the signature collection protocol to be prepared in
accordance with the form established by the Central Election Commission of the
Russian Federation in two counterparts. Each counterpart of the protocol shall
be signed by the authorized representatives of the political party.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
Article 42.Submission of Election Documents for Registration of Federal
List of Candidates
1. For
registration of the federal list of candidates the authorized representative of
the political party shall submit the following documents to the Central
Election Commission of the Russian Federation:
1) the first financial statement of the political party;
2) information
on changes in the federal list of candidates after its certification and
changes in the data on each candidate of the federal list of candidates
submitted earlier in pursuance of Clauses 1 and 4, Article 38 of this Federal
Law (if applicable);
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2. If signature
collection was carried out in support of nomination of the federal list of
candidates, the following documents shall be submitted together with the
documents mentioned in Clause 1 of this Article:
1) signature lists numbered and stitched in the form of folders
for each subject of the Russian Federation where signature collection was
carried out as well as signature lists with signatures of voters residing
outside the territory of the Russian Federation, numbered and stitched in the
form of folders for each foreign state where signature collection was carried
out. An official of the consular mission of the Russian Federation shall
certify the total number of signature lists in each folder submitted by the
signature collector. The number of voters’ signatures in the signature lists
submitted to the Central Election Commission of the Russian Federation may
exceed the number required for registration of the federal list of candidates
established by this Federal Law but by no more than 5 percent.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2) protocols on results of signature collection on paper in two
counterparts and in machine-readable form;
3) list of persons in changed of voters’ signatures collection
prepared in accordance with Clause 3, Article 41 of this Federal Law, as well
as the list of such persons in machine-readable form in accordance with the
format established by the Central Election Commission of the Russian
Federation;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
4) document confirming payment for production of signature
lists.
(Clause 4
introduced by the Federal Law of April 26, 2007, No.64-FZ)
3. Ceased to be
in force. – The Federal Law of February 9, 2009, No.3-FZ.
4. All documents
required for registration of the federal list of candidates shall be submitted
to the Central Election Commission of the Russian Federation simultaneously,
not earlier than in 75 days and not later than in 45 days before the voting
day, before 18:00 Moscow time.
5. After
accepting the documents for registration of the federal list of candidates the
Central Election Commission of the Russian Federation shall provide the
authorized representative of the political party with a document confirming the
acceptance of the submitted documents, with the indication of the date and time
of such acceptance. In the event of submission of signature lists this document
shall also indicate the number of accepted signature lists and the declared
number of voters’ signatures. The Central Election Commission of the Russian
Federation shall preliminarily certify each folder of signature lists with its
seal (special stamp) and shall check the number of submitted signature lists to
make sure it corresponds to the number of signature lists indicated by the
protocol on results of voters’ signatures collection. The Central Election
Commission of the Russian Federation shall not restrict admission to its
premises of the authorized representatives of the political party nor shall it
refuse to accept documents submitted for registration of the federal list of
candidates if the documents were delivered before the deadline set by Clause 4
of this Article.
6. Ceased to be
in force. – The Federal Law of February 9, 2009, No.3-FZ.
Article 43.Verification of Compliance with Requirements of this Federal Law
during Nomination of Federal List of Candidates
1. The Central
Election Commission of the Russian Federation shall verify compliance with the
requirements of this Federal Law when each federal list of candidates is
nominated.
2. In the event
of submission of signature lists the Central Election Commission of the Russian
Federation shall verify compliance with the procedure of collection of voters’
signatures and preparation of signature lists, the authenticity of the data on
voters and their signatures contained in signature lists.
3. The Central
Election Commission of the Russian Federation shall verify the authenticity of
the data on candidates and other information submitted by the political party
in accordance with this Federal Law.
4. The Central
Election Commission of the Russian Federation shall apply to competent
authorities for verification of the authenticity of the data on candidates
presented in accordance with this Federal Law, and these authorities shall
report the results of the verification within 10 days or, in respect of the
information submitted in accordance with Paragraph 2, Clause 4, Article 38 of
this Federal Law, within 20 days. If such application is made in 10 days or less
before the voting day, the competent authorities shall report the verification
results within the time established by the Central Election Commission of the
Russian Federation.
5. The Central
Election Commission of the Russian Federation shall inform voters on the data
on candidates, presented by them when the federal list of candidates was
nominated, within the scope established by the Central Election Commission of
the Russian Federation.
6. The Central
Election Commission of the Russian Federation shall provide the mass media with
the information on the discovered facts of the data presented by candidates on
themselves being unauthentic.
7. The Central
Election Commission of the Russian Federation may, by its decision, form
working groups from members of the Central Election Commission of the Russian
Federation, members of its administration and organization established to
ensure its activity to verify compliance with the procedure of nomination of
the federal lists of candidates and preparation of signature lists and check
authenticity of data on voters’ and their signatures in signature lists. Such
verification may be carried out with the engagement of members of subordinate
election commissions, experts from internal affairs bodies, juridical bodies, military
commissariats, specialized institutions in charge of the registration of the
population in the Russian Federation at their place of stay and place of
residence within the Russian Federation, and other governmental bodies in
accordance with Clause 19, Article 28 of the Federal Law “On Basic Guarantees
of Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum”. Opinions of such experts may serve as grounds for
recognition of data on voters and their signatures in signature lists
unauthentic and (or) invalid. Opinions of experts are prepared in written form
in signature lists verification statements or in other documents.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
8. To verify the
data contained in signature lists the Central Election Commission of the
Russian Federation may use GAS “Vybory,” including
the voters, referendum participants register. The information on the results of
verification, signed by an official of the election commission of the subject
of the Russian Federation, including the information obtained via the
communication channels of GAS “Vybory” and certified
by an electronic digital signature, may be used to pronounce voter signatures
invalid.
(Clause 8 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
9. Verification
shall cover not less than 20 percent of the number of voters’ signatures
required for registration of the federal list of candidates and the
corresponding data of the voters who put these signatures in signature lists.
An equal number of signatures collected in support of the nomination of each
federal list of candidates shall be sampled for initial verification. Signature
lists to be used for selective verification shall be chosen by random sampling
(draw). The sampling procedure shall be determined by the Central Election
Commission of the Russian Federation. Sampling and verification of signature
lists may be witnessed by authorized representatives or attorneys of political
Parties which submitted the number of voters’ signatures required for
registration of their federal lists of candidates. Sampling shall be carried
out at the Central Election Commission of the Russian Federation immediately
after a document confirming acceptance of signature lists is issued to an
authorized representative of the political party. Sampling and verification of
signature lists may be witnessed by other persons designated by the
aforementioned political parties.
10. Verification
shall cover all voters’ signatures and all corresponding data on voters in the
signature lists sampled for verification. On the basis of verification a
voter’s signature may be recognized as authentic, unauthentic and (or) invalid.
11. A signature
shall be deemed unauthentic if put by one person on behalf of another person on
the basis of an opinion of an expert engaged in verification of voters’
signatures in accordance with Clause 7 of this Article.
(Clause 11 as
amended by the Federal Law of July 23, 2011, No.259-FZ)
12. The
following signatures shall be deemed invalid:
1) signatures of
persons without the right to elect, as well as signatures of voters residing
outside the territory of the corresponding subject of the Russian Federation,
and during the collection of signatures outside the territory of the Russian
Federation – signatures of voters residing temporarily outside the territory of
the Russian Federation;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
2) signatures of voters who indicated false data in the
signature list. In this case, the signature shall be pronounced invalid on the
basis of the official certificate of the body in charge of registration of
citizens of the Russian Federation at place of stay and place of residence
within the Russian Federation, the information signed by an official of the
election commission of the subject of the Russian Federation, including the
information obtained via the communication channels of GAS “Vybory”
and certified by an electronic digital signature, or a written opinion of an
expert engaged in verification in accordance with Clause 7 of this Article;
(Clause 2 as
amended by the Federal Law of July 23, 2011, No.259-FZ)
3) voters’ signatures put without indication of some of the
data required under this Federal Law or without indication of the date when the
voter put his signature in the signature list;
4) signatures of voters data on which are entered other than by
handwriting or with a pencil;
5) voter
signatures with a corrected date indicating when they were put in the signature
list, if the corrections are not specially stipulated by the voters, and
voters’ signatures with dates that were not written by the voter with his own
hand – on the basis of a written opinion of an expert engaged in verification
of voters’ signatures in accordance with Clause 7 of this Article;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
6) voters’ signatures with corrected data of the voters who put
these signatures, if the corrections are not specially stipulated by the voter
or the voter’s signatures collector;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
7) all
signatures in the signature list if the signature list has not been certified
personally by signatures of the voters’ signatures collector and (or) the
authorized representative of the political party or if at least one of these
signatures is unauthentic, or if the signature list is certified by the voters’
signatures collector younger than 18 years old as of the moment of signature
collection, and (or) such person was recognized by the court as incompetent, or
if at least one the dates of certification of the signature list is not
indicated or is not entered personally, or if the data on voters’ signatures
collector and (or) the date of signing the list by this person and (or) an
authorized representative of the political party contains corrections not
specifically stipulated by the voters’ signatures collector, and (or) the
authorized representative of the political party, or if the data on voters’
signatures collector and (or) the authorized representative of the political
party are entered into the signature list not in full or are unauthentic, or if
the data on the voters’ signatures collector was not entered by him personally;
(as amended by the Federal Law of June 23, 2011, No.259-FZ)
8) voters’ signatures put on the signature list before the day
on which payment was made for production of signature lists;
(Clause 8 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
9) voters’ signatures collected in violation of the
requirements set forth in Clauses 5 and 6, Article 41 of this Federal Law;
10) voters’
signatures, if voters’ data has been entered into a signature list not by the
voters who put their signatures and not by the collector of signatures in the
signature list - on the basis of a written opinion of an expert engaged in
verification of voter’s signatures in accordance with Clause 7 of this Article;
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
11) all
signatures in a signature list form of which does not meet requirements
established by Annex 1 to this Federal Law and (or) which does not have data
prescribed by Clauses 1, 3 and 4 of Article 40 of this Federal Law and (or)
produced without compliance with its production requirements established by
Clause 5, Article 40 of this Federal Law;
(Clause 11 as
amended by the Federal Law of July 23, 2011, No.259-FZ)
12) all voters’ signatures in a signature list which was
certified by a signature collector not included in the list prepared in
accordance with Clause 3, Article 41 of this Federal Law.
13) voters’ signatures that were entered into a signature list
after such signature list was certified by signature collector and (or)
authorized representative of the political party;
(Clause 13 introduced
by the Federal Law of July 23, 2011, No.259-FZ)
14) all signatures of voters, referendum participants
in a signature list, if certifying entry of the signature collector was put
after certifying entry of authorized representative of the political party.
(Clause 14
introduced by the Federal Law of July 23, 2011, No.259-FZ)
13. Abbreviated
words and dates in the voter’s data contained in a signature list shall not
serve as a ground for recognizing of a voter signature invalid if these abbreviations
do not prevent unambiguous interpretation of this data.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
14. Voters’
signatures and the corresponding voter’s data contained in a signature list but
deleted (crossed out) by the persons certifying the signature lists shall not
be subject to verification and accounted if these persons expressly specify so
in the signature list before the signature lists are accepted by the Central
Election Commission of the Russian Federation.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
15. If
verification of signature lists identifies several signatures of the same voter
in support of nomination of the same federal list of candidates only one such
signature shall be deemed authentic and other signatures shall be invalidated.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
16. If a
signature list contains not filled line(s) that does (do) not meet the
requirements of this Federal Law, only the signature in the given line(s) shall
be disregarded, save as otherwise provided by Paragraphs 7, 11, 12 and 14,
Clause 12 of this Article.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
17. Corrections
and blots specifically stipulated during preparation of a signature list shall
not serve as the grounds for invalidation of a voter’s signature, unless the
signature was invalidated in accordance with Paragraphs 7, 11, 12 and 14,
Clause 12 of this Article.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)
18. If the number
of signatures found to be unauthentic and (or) invalid in the course of
selective verification equals or exceeds 5 percent of the total number of
signatures sampled for verification, an additional 15 percent of the number of
voters’ signatures required for registration of the federal list of candidates
shall be subjected to verification in accordance with the procedure set forth
in this Article.
19. If the total
number of unauthentic and (or) invalid signatures discovered in the course of
selective verification equals or exceeds 5 percent of the total number of
signatures subject to verification under Clauses 9 and 18 of this Article,
further verification of the signature lists shall be discontinued and the
federal list of candidates shall not be registered.
20. The federal
list of candidates shall not be registered if the number of submitted voters’
signatures minus the number of signatures found unauthentic and (or) invalid is
insufficient for registration.
21. After the
end of verification of signature lists a final protocol shall be prepared for
each federal list of candidates. This protocol shall be signed by a voting
member of the Central Election Commission of the Russian and shall be submitted
to the Central Election Commission of the Russian Federation for adoption of a
decision to register or refuse to register the federal list of candidates. The
protocol shall indicate the number of stated, submitted and verified voters’
signatures, the number of signatures recognized unauthentic and (or) invalid and
the reasons why they were recognized unauthentic or invalid. The protocol shall
be attached to the decision of the Central Election Commission of the Russian
Federation to register or refuse to register the federal list of candidates. No
changes shall be made to the protocol after the decision was taken. A copy of
the protocol shall be submitted to an authorized representative of the
political party not later than in two days before the meeting of the Central
Election Commission of the Russian Federation at which registration of the
federal list of candidates is to be considered. If the number of authentic
voters’ signatures is insufficient for registration of the federal list of
candidates or if the number of unauthentic and (or) invalid signatures equals
or exceeds 5 percent of the total number of signatures sampled for
verification, an authorized representative of the political party may receive
from the Central Election Commission of the Russian Federation a copy of the
final protocol and a certified copies of voters’ signatures verification
statements with reasons of recognition of voters’ signatures as unauthentic and
(or) invalid) with the indication of the numbers of the folder, the numbers of
the signature list and the numbers of the lines of the signature list which
contain each such signatures, as well as copies of the official documents on
the basis of which the signatures were recognized unauthentic and (or) invalid.
22. After the
Central Election Commission of the Russian Federation takes a decision to
register or refuse to register a federal list of candidates, repeated
verification of the signature lists may be carried out only by the Supreme
Court of the Russian Federation in accordance with Clause 7, Article 91 of this
Federal Law and shall only cover the signatures which were subject to
verification.
(Clause 22
introduced by the Federal Law of April 26, 2007, No.64-FZ)
23. In the event
of incompleteness of the data on candidates or the failure to meet the
requirements of this Federal Law to preparation of documents to be submitted to
the Central Election Commission of the Russian Federation in accordance with
Article 38, Clause 1, Paragraphs 2 and 4, Clause 2; Clause 4, Article 42 of
this Federal Law, the Central Election Commission of the Russian Federation
shall, not later than in three days before the date of its meeting at which it
considers registration of the federal list of candidates, notify to this effect
the political party that nominated the federal list of candidates. Not later than
in one day before the date of such meeting, the political party that nominated
the federal list of candidates may introduce amendments and supplements the
documents containing the data on candidates nominated by this political party
nominated in its federal list of candidates, and other documents submitted to
the Central Election Commission of the Russian Federation in accordance with
Article 38; Clause 1, Paragraphs 2 and 4, Clause 2; Clause 4, Article 42 of
this Federal Law, so that these documents should meet the requirements of this
Federal Law, including the requirements to their preparation. The political
party may replace the submitted document only if it was prepared with violation
of the requirements of this Federal Law.
(Clause 23
introduced by the Federal Laws of April 26, 2007, No.64-FZ, as amended by the
Federal Laws of February 9, 2009, No.3_FZ, of July 23, 2011, No.259-FZ)
Article 44.Registration of Federal List of Candidates
1. Not later
than in 10 days after acceptance of the documents required for registration of
a federal list of candidates, the Central Election Commission of the Russian
Federation shall take a decision to register the federal list of candidates or
a reasoned decision to refuse this registration.
(as amended by the Federal Law of February 9, 2009, No.3-FZ)
2. The decision
to register a federal list of candidates shall indicate the date and time of
the registration.
3. Having
adopted a decision to refuse to register a federal list of candidates, the
Central Election Commission of the Russian Federation shall, within 24 hours of
the adoption of such decision, provide its copy to an authorized representative
of the political party, stating the reasons for the refusal. The reasons for
the refusal may include the following:
1) the failure
to comply with the requirements to nomination of a federal list of candidates
established by the Federal Laws "On Political Parities" and "On
Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian
Federation to Participate in a Referendum" and this Federal Law;
2) documents
submitted to the Central Election Commission of the Russian Federation in
accordance with Articles 38 and 42 of this Federal Law do not include the
documents mentioned in Clauses 1 - 4 and 6, Article 38; Clause 1, Clause 2,
Article 42 of this Federal Law (save the cases of the absence of these
documents with regards to certain candidates included in a federal list of
candidates);
(as amended by the Federal Law of April 26, 2007, No.64-FZ,
of February 9, 2009, No.3-FZ)
2.1) as of the
day preceding the day of the meeting of the Central Election Commission of the
Russian Federation that considers the issue of registration of the federal list
of candidates, some of the documents submitted in accordance with Articles 38
and 42 of this Federal Law are prepared with violation of the requirements set
forth in Clauses 3-5, Article 35; Clauses 5 and 7, Article 36; Clauses 1 - 4
and 6, Article 38; Paragraphs 2 and 3, Clause 2, Article 42; Clause 1 and
Paragraph 1, Clause 2, Article 68 of this Federal Law (save the cases of
improper preparation of documents with regards to certain candidates included
in the federal list of candidates);
(Clause 2.1
introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the
Federal Law of February 9, 2009, No.3-FZ)
2.2) as of the
day preceding the day of the meeting of the Central Election Commission of the
Russian Federation that considers the issue of registration of the federal list
of candidates, the documents submitted in accordance with Article 38 of this
Federal Law do not contain any information required under Clauses 1 and 4,
Article 38 of this Federal Law (save the cases of the absence of such
information with regards to certain candidates included in the federal list of
candidates);
(Clause 2.2
introduced by the Federal Law of April 26, 2007, No.64-FZ)
3) more than 10 percent of voters’ signatures submitted for
registration of the federal list of candidates were collected at the places
where signature collection is prohibited by this Federal Law;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
4) insufficient
number of authentic voters’ signatures submitted in support of nomination of
the federal list of candidates or the number of unauthentic and (or) invalid
voters’ signatures equals or exceeds 5 percent of the total number of
signatures sampled for verification;
4.1) failure of
the political party to comply with the restrictions stipulated by Clause 1 or
1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral
Rights and the Rights of Citizens of the Russian Federation to Participate in a
Referendum," established by a court decision;
(Clause 4.1
introduced by the Federal Law of April 26, 2007, No.64-FZ)
4.2) bribery of
voters by the political party, its attorney, authorized representative or by
other persons and organizations acting on their instructions, established by a
court decision;
(Clause 4.2
introduced by the Federal Law of April 26, 2007, No.64-FZ)
5) ceased to be in force. – The Federal Law of February 9,
2009, No.3-FZ;
6) failure of the political party to form its electoral fund.
The absence of resources in an electoral fund shall not serve as a ground for
the refusal of registration;
7) expenditure
made by the political party from sources other than its electoral fund and
electoral funds of its regional branches (if any) to finance its election
campaign exceeds 5 percent of the maximum limit of total expenditure out of
electoral fund of a political party established by this Federal Law;
8) expenditure
made by the political party to finance its election campaign exceeds by more
than 5 percent the maximum limit of total expenditure out of electoral fund of
a political party established by this Federal Law;
9) number of
candidates removed from the federal list of candidates on the basis of their
applications by a decision of the political party (with the exception of
candidates who were deleted due to compelling circumstances) and by the
decision of the Central Election Commission of the Russian Federation adopted
in accordance with Clause 4 of this Article exceeds 25 percent of the total
number of candidates in a certified federal list of candidates;
10) repeated
abuse of an authorized representative or an attorney of the political party of
his office or official position;
11) withdrawal of candidates as a result of which less than 70
regional groups of candidates remained on the federal list of candidates.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ,
of February 23, 2011, No.17-FZ)
4. The Central
Election Commission of the Russian Federation shall remove a candidate from a
federal list of candidates if:
1) candidate does not have the right to be elected;
2) candidate did not mention his record of conviction that was
not withdrawn or spent;
(as amended by the Federal Law of July 25, 2006, No.128-FZ)
3) during the
campaigning period a candidate failed to comply with the restrictions
stipulated by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic
Guarantees of Electoral Rights and the Rights of Citizens of the Russian
Federation to Participate in a Referendum," as established by a court
decision;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
4) candidate repeatedly abused his office or official position;
5) candidate was registered in another federal list of
candidates;
6) the federal list of candidates nominated by the political
party contains a candidate who is a member of another political party;
(Clause 6
introduced by the Federal Law of April 26, 2007, No.64-FZ)
7) documents
submitted to the Central Election Commission of the Russian Federation in
accordance with Article 38 of this Federal Law do not contain the documents
which are required under Clauses 1, 4 and 6, Article 38 of this Federal Law for
registration of a candidate included in the federal list of candidates;
(Clause 7
introduced by the Federal Law of April 26, 2007, No.64-FZ)
8) as of the day
preceding the day of the meeting of the Central Election Commission of the
Russian Federation that considers the issue of registration of the federal list
of candidates, the documents submitted in accordance with Articles 38 of this
Federal Law contain documents prepared with regards to a candidate with
violation of the requirements set forth in Clauses 1, 4 and 6, Article 38 of
this Federal Law;
(Clause 8
introduced by the Federal Law of April 26, 2007, No.64-FZ)
9) as of the day
preceding the day of the meeting of the Central Election Commission of the
Russian Federation that considers the issue of registration of the federal list
of candidates, the documents submitted in accordance with Article 38 of this
Federal Law do not contain any information on the candidate required under
Clauses 1 and 4, Article 38 of this Federal Law.
(Clause 9 introduced
by the Federal Law of April 26, 2007, No.64-FZ)
5. If
registration of the federal list of candidates was refused, it may be nominated
again provided the procedure and periods established by this Federal Law are
observed.
6. If any
violations of the election legislation of the Russian Federation entailing
criminal or administrative responsibility are discovered, the Central Election
Commission of the Russian Federation shall present the relevant documents and
materials to the law enforcement authorities and a court for establishing the
fact of the violation and bringing the offenders to responsibility.
7. The decision
of the Central Election Commission of the Russian Federation to register or not
to register a federal list of candidates may be appealed to the Supreme Court
of the Russian Federation, which shall consider the appeal within five days of
its receipt.
8. After a
federal list of candidates is registered, the candidates included in this list
shall acquire the status of a registered candidate and a candidate’s
certificate shall be issued to each registered candidate.
9. Within 48
hours of their registration, the information on the registered federal lists of
candidates and the data on the registered candidates included in these lists
shall be made available by the Central Election Commission of the Russian
Federation to the mass media. The list of the information on income and
property of registered candidates shall be established by the Central Election
Commission of the Russian Federation.
10. Not later
than in 15 days before the voting day, the information on registered candidates
and registered federal lists of candidates, containing the data listed in
Clauses 3 - 5, Article 72 of this Federal Law, shall be displayed by
territorial election commissions on bulletin boards inside their premises. The
information on the annulment of the registration of registered federal lists of
candidates, withdrawal of candidates from registered federal lists of
candidates shall be displayed in the same manner. The information on registered
candidates and political parties that registered federal lists of candidates
shall be arranged in the same sequence as in the ballot.
11. If in 35
days before the voting day less than two federal lists of candidates were registered,
then by the decision of the Central Election Commission of the Russian
Federation the voting in the election of deputies of the State Duma shall be
postponed for a period not exceeding two months for additional nomination of
federal lists of candidates and performance of subsequent electoral actions.
Chapter 7.STATUS OF CANDIDATES
Article 45.Equality of Candidates
All candidates
shall have equal rights and bear equal obligations, save as otherwise provided
by this The Federal Law, the Federal Law "On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum."
Article 46.Restrictions Connected with the Office or Official Position
1. When
conducting their election campaign candidates who occupy state or elective
municipal offices or are state or municipal civil servants, candidates who are
members of management of organizations regardless of the form of ownership (in
organizations where the highest managing body is the general meeting – members
of bodies which manage the activity of these organizations), with the exception
of political parties, as well as candidates who are officials, journalists,
persons holding other creative jobs in mass media organizations shall not take
advantage of their office or official position.
2. Registered
candidates who are state and municipal civil servants or work in mass media
organizations shall be relieved, for the period of their participation in the
election of deputies of the State Duma, from their official or service duties.
A certified copy of the relevant order (directive) shall be presented to the
Central Election Commission of the Russian Federation by an authorized
representative of the political party within five days of the registration of the
federal list of candidates in which the given candidate is included.
3. During the
period of the election campaign, persons who are not candidates and who occupy
state or municipal elective offices or are state or municipal civil servants or
are members of management bodies of organizations regardless of the form of
ownership (in organizations where the highest managing body is the general
meeting – members of bodies which manage the activity of these organizations),
with the exception of political parties, shall not take advantage of their
office or official position to promote nomination of federal lists of
candidates and (or) election of candidates included therein.
4. Taking
advantage of an office or official position has the following meaning under this
Federal Law:
1) involvement
of persons who are subordinate or are officially dependent otherwise, state and
municipal civil servants in the activities carried out during the working hours
to promote nomination of federal lists of candidates and (or) election of
candidates included therein;
2) use of
premises occupied by state bodies or bodies of local self-government,
organizations regardless of the form of ownership, with the exception of
premises occupied by political parties, for activities promoting nomination of
a federal list of candidates and (or) election of candidates included therein
if the use of the same premises on the same terms and conditions is not
guaranteed to other political parties which nominated the federal lists of
candidates;
3) use for
election campaigning of telephone, fax and other means of communication, office
equipment, information services ensuring the functioning of state bodies or
bodies of local self-government, state and municipal institutions,
organizations regardless of the form of ownership, with the exception of the
aforementioned means of communication, office equipment and information
services ensuring the functioning of political parties, if their use is not
paid for from the corresponding electoral fund;
4) use of transport
facilities owned by the state, municipal formations or organizations, with the
exception of transport facilities owned by political parties, at no charge or
reduced charges for activities promoting nomination of the federal lists of
candidates and (or) election of candidates included therein. This provision
shall not apply to persons using the said transport facilities in accordance
with the legislation of the Russian Federation on the security services
provided by the state;
5) collection of
voters’ signatures or election campaigning carried out by persons who hold
state and elective municipal offices or are state or municipal civil servants
or are heads of local administrations or are members of management bodies of
organizations regardless of the form of ownership (in organizations where the
highest managing body is the general meeting – members of the bodies which
manage the activity of these organizations), with the exception of political
parties, during business trips paid for from the corresponding budget, out of
the funds of the corresponding organization;
6) access
(provision of access) to the state and municipal mass media for the purpose of
collection of signatures or election campaigning if other political parties
that nominated the federal lists of candidates are not guaranteed the same
access for the same purposes in accordance with this Federal Law;
7) campaign speeches at mass (public) events organized during
an election campaign by state and (or) municipal bodies, organizations regardless
of the form of ownership, with the exception of political parties;
8) publication of any work reports in the mass media, in
printed campaign materials during an election campaign; mailing of
congratulations and other materials in the name of a citizen who is a candidate
if such mailing is not paid for out of the electoral fund of the political
party that nominated him.
5. Compliance
with the restrictions listed in Clause 4 of this Article must not prevent
deputies from exercising their powers and performing their obligations to
voters.
6. Officials,
journalists and other persons holding creative jobs in mass media organizations
shall not participate in covering an election campaign in the mass media if
these persons are candidates or authorized representatives or attorneys of
political parties.
Article 47.Guarantees of Candidates Activity
1. Upon the
request or on the basis of the report of a registered candidate the employer,
the head of a state body or its division, the commander of a military unit, the
administration of an educational institution where the candidate serves, goes
through an alternative civil service, undergoes military training, studies,
shall relieve the candidate from work, service, military training and study on
any day and for any length of time in the period from the day on which the
Central Election Commission of the Russian Federation registered the
corresponding federal list of candidates and up to the day of official
publication of the results of the election of deputies of the State Duma.
2. On the
initiative of the employer (administration of an educational institution) a
registered candidate may not be fired, expelled from an educational institution
or, without his consent, transferred to another job, including a job in another
location, or sent on a business trip or called for military service and (or)
military training or mobilized for an alternative civil service. The period of
participation of a registered candidate in the election of deputies of the
State Duma shall be included in his labor record in accordance with his
specialty before his registration as a candidate.
3. A criminal
case may not be initiated against a registered candidate without the consent of
the Chairman of the Investigative Committee of the Russian Federation. A
petition to the court to take a registered candidate into custody as a judicial
restraint may be filed with the consent of the Chairman of the Investigative
Committee of the Russian Federation. A registered candidate cannot be subject to
administrative punishment imposed by the court without the consent of the
Prosecutor-General of the Russian Federation. Having such consent the Chairman
of the Investigative Committee of the Russian Federation, the
Prosecutor-General of the Russian Federation shall notify the Central Election
Commission of the Russian Federation to this effect.
(as amended by the Federal Laws of July 24, No.214-FZ, of
December 28, 2010, No.404-FZ)
Article
48.Attorneys of Political Parties
1. The political
party that nominated the federal list of candidates may appoint up to 1000
attorneys. These persons shall be registered by the Central Election Commission
of the Russian Federation within three days of receipt of written notification
from the political party of the appointment of attorneys and a statement of the
citizen expressing his consent to be an attorney, but not before a decision has
been taken to certify the federal list of candidates nominated by the political
party. The list of attorneys on paper and in machine-readable form shall be
submitted to the Central Election Commission of the Russian Federation in
accordance with the format established by it.
(as amended by the Federal Law of April 26, 2007, No.64-FZ).
2. The
notification of the appointment of attorneys shall indicate surname, first name
and patronymic; date of birth, series and number of the passport or an
equivalent identity document and the date of its issuance; main place of work
or service and position (occupation, if there is no main place of work or
service); residential address of each attorney.
3. Citizens of
the Russian Federation who are candidates in elections of any level, persons
occupying state or elective municipal offices, heads of local administrations,
and members of administrations of election commissions shall not qualify for
appointment as attorneys. State or municipal civil servants may be appointed
attorneys provided they are relieved from their official duties for the period
of the exercise of an attorney’s powers. State or municipal civil servants
shall be registered as attorneys if they present an order (directive),
relieving them from official duties for the duration of the leave of absence,
to the Central Election Commission of the Russian Federation.
4. Attorneys
shall receive certificates from the Central Election Commission of the Russian
Federation. Upon an attorney’s request the employer shall grant him an unpaid
leave of absence for the period during which he is to exercise the powers of an
attorney.
5. Attorneys
shall carry on campaign activities in favor of the political party that
appointed them. An attorney shall not be entitled to act as an observer.
6. The political
party that appointed attorneys may, at any time, recall
them and appoint other attorneys in their place by notifying the Central
Election Commission of the Russian Federation, which shall annul certificates
issued to the recalled attorneys. An attorney may, at any time, resign his
powers on his own initiative by returning his certificate to the Central Election
Commission of the Russian Federation and notifying the political party of his
decision.
7. The powers of
attorneys shall commence from the day on which they are registered by the
Central Election Commission of the Russian Federation and shall terminate when
a candidate's status is forfeited by all candidates in the federal list of
candidates nominated by the political party that appointed the attorneys, save
as otherwise provided by Clause 6 of this Article, but not later than the day
of the official publication of the results of the election of deputies of the Sate Duma or, in the event of on-going judicial proceedings
which involve complaints on violations of this Federal Law, not later than the
date on which the relevant court decision becomes legally effective.
8. The
registration of an attorney shall be annulled by the Central Election
Commission of the Russian Federation if the attorney acquires a status
incompatible with the status of an attorney. The political party shall be
notified of such decision within three days of its adoption.
Article 49.Withdrawal of Candidates, Recalling of Federal Lists of
Candidates
1. A candidate
may, at any time but not later than in 15 days before the voting day or, in
case of compelling circumstances, not later than in one day before the voting
day, refuse to continue participation in the election of deputies of the State
Duma within the federal list of candidates in which he is included, by
submitting a written application to this effect to the Central Election Commission
of the Russian Federation. Such application shall be irrevocable. Based on the
received application the Central Election Commission of the Russian Federation
shall within three days or, in three and less days before the voting day -
within 24 hours, remove the candidate from the federal list of candidates.
2. At any time
but not later than in five days before the voting day, the political party may
recall its federal list of candidates, subject to a decision of a competent
body of this political party, by submitting a written application to this
effect to the Central Election Commission of the Russian Federation. Such
application shall be irrevocable.
3. Based on the
Federal Law and (or) its statutes the political party may, not later than in 15
days before the voting day, remove separate candidates from its federal list of
candidates certified (registered) by the Central Election Commission of the
Russian Federation, save as otherwise provided by Clause 11, Article 91 of this
Federal Law.
(Clause 3 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
4. No new
candidates shall be put into a federal list of candidates and no changes shall
be made in the order in which candidates are arranged in the list, save the
cases where changes in the arrangement of candidates result from the withdrawal
of some candidates.
5. If, by the
voting day, less than two registered federal lists of candidates remain, then,
by the decision of the Central Election Commission of the Russian Federation
the election of deputies of the State Duma shall be postponed for a period not
exceeding three months for additional nomination of federal lists of candidates
and performance of subsequent electoral actions.
6. If the
situation mentioned in Clause 5 of this Article results from the fact that the
political party recalled a registered federal list of candidate in the absence
of any compelling circumstances or that the registration of a federal list of
candidates was annulled by a court or that the registration of a federal list
of candidates was annulled on the basis of Clause 2, 3 or 4, Article 91 of this
Federal Law (save the case where such annulment is due to the withdrawal of a
candidate from the list because of compelling circumstances) the expenses
incurred by all election commissions in preparation and conduct of the election
of deputies of the State Duma shall be paid by corresponding political party.
7. Circumstances
compelling a candidate to waive further participation in the election of
deputies of the State Duma mean occupation by a candidate of the office
specified by the Constitution of the Russian Federation; a court decision
pronouncing a candidate’s incapacity or legal incapacity; a serious illness or
persistent health problems of a candidate or his next of kin. The circumstances
compelling the political party to recall a federal list of candidates mean
withdrawal of candidates included in the all-federal part of a federal list due
to compelling circumstances, including their death, and (or) withdrawal of more
than 25 percent of candidates from a federal list of candidates.
Chapter 8.INFORMING OF VOTERS AND ELECTION CAMPAIGNING
Article 50.Informational Support of Election of Deputies of the State Duma
The
informational support of the election of deputies of the State Duma shall
include voter informing and election campaigning conducive to conscious
expression of voters' will and election transparency.
Article 51.Informing of Voters
1. Informing of
voters shall be carried out by bodies of state power, bodies of local
self-government, election commissions, mass media organizations, legal entities
and physical entities in accordance with this Federal Law, the Federal Law “On
Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum.” Bodies of state power, bodies of
local self-government shall not inform voters on political parties that
nominated federal lists of candidates or candidates included in such lists.
2. Informational
materials published by the mass media or otherwise disseminated shall be
objective and accurate and shall not violate the equality of political parties
as established by this Federal Law.
3. Mass media
organizations shall be free in their activity aimed at the information of voters
carried out in accordance with this Federal Law and the Federal Law “On Basic
Guarantees of the Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum.”
4. In TV and
radio news programs and in the publications in print periodicals information on
election campaigning events organized by political parties that nominated
federal lists of candidates shall be presented exclusively in the form of
separate news items, without any comments. Such informational items shall not
be paid for by political parties or candidates. They shall not give preference
to any political party, shall not discriminate (infringe the rights of) any
political Party, in particular with regard to the period of coverage of the
party’s election campaigning events or amount of space allocated to such items
in the print periodicals.
5. Journalists,
other creative workers and officials of a mass media organization who are
engaged (or have been engaged) in the activity aimed at the informational support
of the election of deputies of the State Duma in accordance with the election
legislation of the Russian Federation may not be fired by the employer and may
not be transferred without their consent to other jobs during the election
campaign for the election of deputies of the State Duma and during one year
thereafter, unless a disciplinary action was taken against them in accordance
with the labor laws of the Russian Federation, provided that this action was
not appealed to a court or was declared lawful and appropriate by a court.
6. On the voting
day no information on results of the election of deputies of the State Duma
shall be published (made public) and no such information shall be placed in the
public information-telecommunications networks (including the Internet) before
the voting ends in the territory of the Russian Federation.
(as amended by the Federal Law of July 11, 2011, No.200-FZ)
Article 52.Participation of Election Commissions in Informational Support
of the Election of Deputies of the State Duma
1. Election
commissions shall carry out informing of voters, including through the mass
media on preparation and conduct of the elections, the periods and procedure of
the performance of electoral actions, the political parties that nominated
federal lists of candidates, the candidates, and the electoral legislation of
the Russian Federation. Election commissions also take necessary measures to
inform disabled voters.
(as amended by the Federal Law of June 14, 2011, No.143-FZ)
2. In the period
between the day of the official publication of the decision to call the
election of deputies of the State Duma and the day of the official publication
of election results the national state TV and radio broadcasting organizations
shall weekly provide a minimum of 15 minutes of free air time to the Central
Election Commission of the Russian Federation, and the regional state TV and
radio broadcasting organizations shall weekly provide a minimum of 10 minutes
of free air time to the election commissions of the subjects of the Russian
Federation, on each of their channels for the purposes set forth in Clause 1 of
this Article and for answering questions of citizens. For the same purposes the
national TV and radio broadcasting organizations shall weekly provide the
Central Election Commission of the Russian Federation with a minimum of 10
minutes of free air time on each of their channels during the period starting
in 90 days before the expiry of the period within which the elections are to be
called and ending on the day of the official publication of the decision to
call the elections.
3. During the
election campaign for the election of deputies of the State Duma, the national
state print periodicals published at least once a week shall provide the
Central Election Commission of the Russian Federation with a minimum of 1
percent of their weekly print space free of charge. During the election
campaign for the election of deputies of the State Duma the regional state
print periodicals published at least once a week shall provide the election
commissions of the subjects of the Russian Federation with a minimum of 1
percent of their weekly print space free of charge. These election commissions
shall use such print space for the purposes set forth in Clause 1 of this
Article and for answering questions of citizens.
Article 53.Publication of Opinion Poll Results
1. Publication
of the results of opinion polls related to the election of deputies of the
State Duma shall constitute a form of informing of voters.
2. When
publishing (making public) the results of opinion polls related to the election
of deputies of the State Duma the mass media, citizens and organizations
announcing such results shall indicate the organization which conducted the
poll, time when it was conducted, number of respondents (sample size), methods
of information gathering, region where the poll was conducted, precise wording
of the question, statistical assessment of a possible error and person
(persons) who ordered the poll and paid for the publication of its results.
3. During five
days preceding the voting day and on the voting day it shall be prohibited to
publish (make public) the results of public opinion polls, forecasts of the
outcome of the election of deputies of the State Duma or other studies related
to the elections, in particular in the public information-telecommunications
networks (including the Internet).
(as amended by the Federal Law of July 11, 2011, №.
200-FZ)
Article 54.TV and Radio Broadcasting Organizations and Print Periodicals
Used for Informational Support of the Election of Deputies of the State Duma
1. The
informational support of the election of deputies of the State Duma shall be
provided by the state, municipal and non-state TV and radio broadcasting
organizations and print periodicals.
2. In this
Federal Law state TV and radio broadcasting organizations and print periodicals
mean TV and radio broadcasting organizations and print periodicals which are
founded (co-founded) or the editorial boards of which are founded (co-founded)
by state bodies and organizations as of the day of the official publication of
the decision to call the election of deputies of the State Duma, and (or) which
received state support in the form of subsidies and (or) subventions for their functioning
from the federal budget or the budget of a subject of the Russian Federation
during the year preceding the day of the official publication of the decision
to call the election, and (or) in which authorized (shareholding) capital the
Russian Federation or a subject (subjects) of the Russian Federation has (have)
a stake (contribution) as of the day of the official publication of the
decision to call the elections.
3. In this
Federal Law municipal TV and radio broadcasting organizations and print periodicals
mean TV and radio broadcasting organizations and print periodicals which are
founded (co-founded) or whose editorial boards are founded (co-founded) by
bodies of local self-government and municipal organizations as of the day of
the official publication of the decision to call the election of deputies of
the State Duma, and (or) which received municipal support in the form of
subsidies and (or) subventions for their functioning from the local budget
during the year preceding the day of the official publication of the decision
to call the elections, and (or) in which authorized (shareholding) capital a
municipal formation ( formations) has (have) a stake (contribution) as of the
day of the official publication of the decision to call the elections.
4. In this
Federal Law non-state TV and radio broadcasting organizations and print
periodicals mean TV and radio broadcasting organizations and print periodicals
which are not subject to provisions of Clauses 2 and 3 of this Article.
5. In this
Federal Law, depending on the territory of the distribution of information, TV
and radio broadcasting organizations and print periodicals are divided into:
1) national TV
and radio broadcasting organizations, i.e. TV and radio broadcasting
organizations which have a broadcasting license covering the territory of a
half or more than a half of the subjects of the Russian Federation and TV and
radio broadcasting organizations producing mass information (TV and radio
programs) distributed on a contractual basis by other TV and radio broadcasting
organizations in the territory of a half or more than a half of the subjects of
the Russian Federation;
2) regional TV
and radio broadcasting organizations, i.e. TV and radio broadcasting
organizations which have a broadcasting license covering the territory of less
than a half of the subjects of the Russian Federation and the relevant
divisions of TV and radio broadcasting organizations indicated in Paragraph 1
of this Clause;
3) national print periodicals, i.e. print periodicals
registered for distribution in a half or more than a half of the subjects of
the Russian Federation;
4) regional print periodicals, i.e. print periodicals
registered for distribution in less than a half of the subjects of the Russian
Federation.
6. Print periodicals
founded by bodies of state power, bodies of local self-government exclusively
for the publication of their official materials and reports, regulations and
other acts shall not publish any election campaign materials or editorial
articles covering the activity of political parties that nominated federal
lists of candidates and of candidates.
7. The list of
national state TV and radio broadcasting organizations and national state print
periodicals shall be published by the Central Election Commission of the
Russian Federation on the basis of the information submitted by the federal
body of executive power authorized to perform registration of mass media,
within ten days of the day of the official publication of the decision to call
the election of deputies of the State Duma.
8. The list of
regional state TV and radio broadcasting organizations and state print
periodicals and municipal TV and radio broadcasting organizations and municipal
print periodicals shall be published by the election commissions of the
subjects of the Russian Federation on the basis of the information submitted by
the territorial branches of the federal body of executive power authorized to
perform registration of mass media, within ten days of the day of the official
publication of the decision to call the election of deputies of the State Duma.
9. The lists
mentioned in Clauses 7 and 8 of this Article shall be submitted to the relevant
election commissions within five days of the day of the official publication of
the decision to call the election of deputies of the State Duma. These lists
shall include the following information about each TV and radio broadcasting
organization or print periodical:
1) name of the TV and radio broadcasting organization and the
relevant mass media facility or print periodical;
2) legal address of the TV and radio broadcasting organization
or the print periodical;
3) founder (founders) of the TV and radio broadcasting
organization or the founder (founders) of the editorial board of the print
periodical;
4) type and scope of state or municipal support (if such
support was provided during the year preceding the day of the official
publication of the decision to call the election of deputies of the State
Duma);
5) share (stake) of the Russian Federation, subjects of Russian
Federation, municipal formations in authorized (shareholding) capital (if any)
as of the day of the official publication of the decision to call the election
of deputies of the State Duma;
6) frequency of publication of the print periodical;
7) statement indicating that the TV and radio broadcasting
organization or the print periodical is specialized (applicable to specialized
TV and radio broadcasting organizations or print periodicals).
Article 55.Election Campaigning
1. The following
shall be considered as election campaigning during the election campaign for
the election of deputies of the State Duma:
1) calls for
voting for or against a federal list of candidates, for or against a candidate
(candidates);
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
2) expression of
preference for any political party that nominated a federal list of candidates
or a candidate (candidates); in particular, indicating the political party,
federal list of candidates, candidate (candidates) for which the voter will
vote (with the exception of publication of the results of opinion polls in
accordance with Clause 2, Article 53 of this Federal Law);
3) description of possible consequences of admittance of this
or that federal list of candidates to distribution of deputy seats;
4) dissemination of materials with a clear emphasis on one
political party that nominated a federal list of candidates or any candidate
(candidates) accompanied by positive or negative comments;
5) dissemination of information on the activities of candidates
that are not related to their professional activity or performance of their
official duties;
6) activities promoting formation of positive or negative
attitude of voters towards any political party that nominated a federal list of
candidates or towards any candidate (candidates).
2. Actions
performed by members of the press as part of their professional activities and
mentioned in Paragraph 1, Clause 1 of this Article shall be deemed as election
campaigning if these actions are performed to encourage voters to vote for or
against some federal list of candidates, for or against some candidate
(candidates); actions mentioned in Paragraphs 2 - 6, Clause 1 of this Article
shall be deemed as election campaigning, if repeatedly performed for this
purpose.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
3. The election
campaigning may be conducted:
1) on the channels of TV and radio broadcasting organizations
and in the print periodicals;
2) by means of public campaigning events;
3) by producing and distributing printed, audio-visual and
other election campaigning materials;
4) by other means which are not prohibited by this Federal Law,
other Federal Laws.
4. Election
campaigning on the channels of TV and radio broadcasting organizations and in
the print periodicals shall be conducted in the form of public debates,
discussions, round tables, press conferences, interviews, speeches,
demonstration of TV stories and video films about political parties that nominated
federal lists of candidates or a registered candidate (candidates) and in other
forms which are not prohibited by the Federal Law.
5. The political
party that nominated a federal list of candidates shall be entitled to
determine by itself the contents, form and methods of its election campaigning,
independently conduct the election campaigning and involve other persons in the
election campaigning, in accordance with the procedure established by the
Russian Federation laws.
6. Candidates
authorized by the political party, authorized representatives and attorneys of
the political party (hereafter also referred to as “representatives of the
political party”) shall be entitled to act on behalf of such political party in
the course of election campaigning activities.
7. Election
campaigning shall not be conducted and no election campaigning materials shall
be produced and distributed by:
1) bodies of state power, other state bodies, bodies of local
self-government;
2) persons
occupying state or municipal elective offices, state or municipal officials,
persons who are members of the management bodies of organizations regardless of
the form of ownership (in organizations where the highest managing body is the
general meeting – members of bodies which manage the activity of these
organizations), with the exception of political parties, when such persons
perform their official duties and (or) take advantage of their office and
official position to conduct election campaigning;
3) military units, military establishments and organizations;
4) charitable and religious organizations and organizations
founded by them as well as members and participants of religious associations
during their rites and ceremonies;
5) election commissions, voting members of election commissions;
6) foreign nationals, stateless persons, foreign organizations;
7) international organizations and international public
movements;
8) members of the press when they are engaged in their
professional activities;
9) persons in
respect of whom a court decision established violation of restrictions imposed
by Clause 1, Article 56 of the Federal Law “On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum” during the election campaign for the election of deputies of the
State Duma.
(Clause 9
introduced by the Federal Law of April 26, 2007, No.64-FZ)
8. Persons who
occupy state or municipal elective offices shall be prohibited from conducting
election campaigning on the channels of TV and radio broadcasting organizations
and in the print periodicals unless these persons are included in a registered
federal list of candidates.
9. It shall be
prohibited to involve persons, who have not attained to the age of 18 years as
of the voting day, in election campaigning, in particular to use the pictures
and representations of such persons in election campaigning materials except as
otherwise provided by Paragraph 5, Clause 10 of this Article.
10. Pictures of
a physical entity or representations of physical entity about any political
party that nominated a federal list of candidates or about a candidate
(candidates) may be used only with the written consent of this physical entity.
The document confirming such consent shall be submitted to the election commission
together with copies of the election campaigning materials submitted in
accordance with Clause 5, Article 61 of this Federal Law. If an election
campaigning material is to be aired by a TV and radio broadcasting organization
or published in a print periodical, such document shall be submitted to the
election commission upon its request. This restriction shall not apply to:
1) the use by
the political party of statements made by candidates included in a federal list
of candidates nominated by this political party regarding this political party
or any candidate (candidates) included in the list;
2) the use of published statements about a political party that
nominated a federal list of candidates or about a candidate (candidates), which
indicate the publication date (period of time) of such statements and the name
of the mass media where they were published. A reference in election
campaigning materials to a statement of a physical entity who
is not entitled to conduct election campaigning under this Federal Law shall be
allowed only if such statement was published before the day of the official
publication of the decision to call the election of deputies of the State Duma.
Such reference shall indicate the date (period of time) when this statement was
published and the name of the mass media where it was published;
3) the quotation
of statements about a political party that nominated a federal list of
candidates or about a candidate (candidates) published by other political
parties in their election campaigning materials produced and distributed in
accordance with this Federal Law.
4) ceased to be in force. – The Federal Law of April 26, 2007,
No.64-FZ;
5) the use by
the political party that nominated a federal list of candidates of pictures of
a candidate (candidates) included in this federal list of candidates, including
such pictures showing the candidate with his/her spouse, children (including
children who have not attained to the age of 18 years), parents and other close
relatives, or with undefined persons.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
11. Election
campaigning expenditure shall be paid exclusively out of electoral fund of the
political party that nominated a federal list of candidates and the electoral
funds of its regional branches (if any). Payment of expenditure on election
campaigning in favor of the federal list of candidates nominated by one
political party out of electoral funds of other political parties and their
regional branches shall be prohibited.
12. Not later
than in 20 days before the voting day, the political party that registered a
federal list of candidates shall publish its election program in at least one
national state print periodical, post it on the Internet and within the same
period shall submit a copy of the said publication to the Central Election
Commission of the Russian Federation, indicating the address of the site where
the election program of this political party is published. Publication of such
election program shall be carried out with the use of the free print space
provided to the political party in accordance with this Federal Law or such
publication shall be paid for out of electoral fund of the political party.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
Article 56.Campaigning Period
1. Election
campaigning shall commence from the day of nomination of federal lists of
candidates and end at 00:00 hours local time one day before the voting day.
2. Election
campaigning on the channels of TV and radio broadcasting organizations and in
the print periodicals shall be conducted in the period which begins 28 days
before the voting day and ends at 00:00 hours local
time one day before the voting day.
3. Any election
campaigning shall be prohibited on the voting day and a day before.
4. Printed
election campaigning materials (leaflets, posters, etc.), which were earlier
displayed outside the premises of election commissions and polling stations at
a minimum distance of 50 meters from the entrance thereto in accordance with the
procedure established by this Federal Law, shall remain in place on the voting
day.
Article 57.General Conditions of Political Parties Access to Mass Media
1. Air time on
the channels of TV broadcasting organizations and space in the print periodicals
may be provided to political parties that registered federal lists of
candidates in accordance with the procedure established by this Federal Law
free of charge (free air time, free print space) except as otherwise provided
by Clause 2 of this Article, or on a paid basis.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
2. Free air
time, free print space shall not be provided:
1) to a
political party, federal list of candidates of which at the latest previous
election of deputies of the State Duma received less than 3 percent of votes of
voters participated in the voting, and was not admitted to distribution of
deputy seats;
2) to a
political party that is a legal successor of the political party, federal list
of candidates of which at the latest previous election of deputies of the State
Duma received less than 3 percent of votes of voters participated in the
voting, and was not admitted to distribution of deputy seats.
(Clause 2 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
2.1. Provisions of Clause 2 of this Article are not applied with regards to a
political party that is a legal successor of another joined political party,
federal list of candidates of which at the latest previous election of deputies
of the State Duma received less than 3 percent of votes of voters participated
in the voting, if the federal list of candidates of this political party that
is a legal successor received at such election 3 and more percent of votes of
voters participated in the voting.(Clause 2.1. introduced by the Federal Law of
July 19, 2009, No.203-FZ)
3. The political
party shall not be entitled to use free and paid air time, free and paid print
space for election campaigning in favor of other political parties.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
4. State and
municipal TV and radio broadcasting organizations and state and municipal print
periodicals editorial boards shall ensure equal terms and conditions of
election campaigning for political parties, in particular for the presentation
of their election programs to voters.
5. National
state TV and radio broadcasting organizations and national state print
periodicals editorial boards shall be obliged to provide air time and print
space to political parties for election campaigning.
6. Regional
state TV and radio broadcasting organizations and regional state print
periodicals editorial boards shall be obliged to provide air time and print
space to political parties for election campaigning by providing such air time
and print space to the respective regional groups of candidates for election
campaigning.
7. Municipal TV
and radio broadcasting organizations and municipal print periodicals editorial
boards may provide air time and print space to political parties for election
campaigning by providing such air time and print space to the relevant regional
groups of candidates. The said TV and radio broadcasting organizations and
print periodicals editorial boards shall provide air time and print space only
on a paid basis.
8. If there is
no regional group of candidates corresponding to a subject of the Russian
Federation (including a subject within a group of subjects of the Russian
Federation) or a part (parts) of the territory of a subject of the Russian
Federation in the registered federal list of candidates, the political party
that registered this federal list of candidates shall not be provided with air
time and print space in mass media distributed by the regional state and
municipal TV and radio broadcasting organizations and the regional state and
municipal periodicals editorial boards in the territory of the given subject of
the Russian Federation, except as otherwise provided by Clause 18, Article 58
and Clause 10, Article 59 of this Federal Law.
9. Non-state TV
and radio broadcasting organizations and non-state print periodicals editorial
boards registered not less than one year before the day of the official
publication of the decision to call the election of deputies of the State Duma
and non-state print periodicals editorial boards founded by political parties
(and their structural divisions) less than one year before the day of the
official publication of the decision to call the elections may provide paid air
time and print space to political parties provided that such organizations and
print periodical editorial boards comply with the requirements set forth in
Clauses 10 and 11 of this Article. Other non-state TV and radio broadcasting
organizations and editorial boards of non-state print periodicals shall not
provide air time, print space to political parties.
10. The terms of
payment for the provision of air time, print space shall be the same for all
political parties to which air time and print space are provided. This
requirement shall not apply to the print periodicals founded by political
parties, candidates. In this Federal Law the print periodicals founded by a
candidate (candidates) mean the print periodicals founded not less than one
year before the day of official publication of the decision to call the
election of deputies of the State Duma by a citizen (citizens) of the Russian
Federation participating in the election of deputies of the State Duma as a
candidate (candidates).
11. Information
on the amount of the payment (in the currency of the Russian Federation) for
air time, print space and on other payment terms shall be published by
corresponding TV and radio broadcasting organization, print periodical
editorial board within 30 days of the day of the official publication of the
decision to call the election of deputies of the State Duma. Within the same
period this information and a notice of readiness to provide air time, print
space to political parties shall be submitted to:
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
1) the Central
Election Commission of the Russian Federation – by the national TV and radio
broadcasting organizations and print periodicals editorial boards;
2) the election commissions of the subjects of the Russian
Federation – by corresponding regional and municipal TV and radio broadcasting
organizations and regional and municipal print periodicals editorial boards.
12. TV and radio
broadcasting organizations and print periodicals editorial boards, regardless
of the form of ownership, which provided air time, print space to political
parties shall keep separate records of the amount and cost thereof according to
the accounting forms established by the Central Election Commission of the
Russian Federation. Within ten days of the voting day the data on these records
shall be submitted to:
1) the Central
Election Commission of the Russian Federation – by the national TV and radio
broadcasting organizations and print periodicals editorial boards;
2) the election commissions of the subjects of the Russian
Federation – by corresponding regional and municipal TV and radio broadcasting
organizations and regional and municipal print periodicals editorial boards.
13. TV and radio
broadcasting organizations and print periodicals editorial boards regardless of
the form of ownership which provided air time, print space to political parties
shall, upon the request of the Central Election Commission of the Russian
Federation, and regional and municipal TV and radio broadcasting organizations
and regional and municipal print periodicals editorial boards included in the
list of the aforementioned TV and radio broadcasting organizations and print
periodicals editorial boards, upon the request of the election commission of
the subject of the Russian Federation, shall provide documents confirming the
consent of the authorized representative of the political party for financial
issues (authorized representative of the regional branches of the political
party for financial issues) for the performance of work and provision of
services on a paid basis.
14. Non-state
and municipal TV and radio broadcasting organizations and non-state print
periodicals editorial boards, specialized TV and radio broadcasting
organizations and specialized print periodicals editorial boards, as well as
editorial boards of state print periodicals published less frequently than once
a week may refuse to provide air time, print space for election campaigning.
Such refusal includes failure to submit the notice mentioned in Clause 11 of
this Article within the established period.
15. Air time or
print space for election campaigning shall be provided under a written contract
concluded between the TV and radio broadcasting organization or print
periodical editorial board and the political party or the regional branch of
the political party before such air time or print space is provided.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ,
of July 19, 2009, N.203-FZ)
16. Mass media
organizations shall keep the accounting documents mentioned in Clauses 12, 13
and 15 of this Article related to the provision of free and paid air time and
free and paid print space for a minimum of three years from the voting day.
Article 58.Conditions for Election Campaigning on Television and Radio
1. The total
amount of free air time, and in the event stipulated in Clause 1.1. – paid air
time, to be provided for election campaigning by each national state TV and
radio broadcasting organization on each of its channels to political parties
that registered federal lists of candidates shall be not less than one hour on
business days within the period established by Clause 2, Article 56 of this
Federal Law. The total amount of free air time to be provided for election
campaigning by each regional state TV and radio broadcasting organization on
each of its channels shall be not less than 30 minutes on business days within
the period established by Clause 2, Article 56 of this Federal Law and, if the
total broadcasting time of the TV and radio broadcasting organization is less
than two hours a day, not less than one-fourth of its total broadcasting time.
If as the result of providing air time per each political party that nominated
a registered list of candidates, each regional group of candidates exceeds 60
minutes, total amount of air time provided in accordance with this Article by
each TV and radio broadcasting organizations shall be reduced and shall amount
to 60 minutes multiplied by number of political parties that nominated
registered lists of candidates, regional groups of candidates.
(Clause 1 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
1.1. Political
parties stated in Clause 2, Article 57 of this Federal Law, under the contract
between TV and radio broadcasting organization, are entitled to receive out of
total amount of air time provided in accordance with Clause 1 of this Article,
their shares or parts for payment amount of which shall not exceed payment for
air time reserved by state TV and radio broadcasting organizations in
accordance with Clause 13 of this Article for election campaigning.
Distribution of air time provided under the contract stipulated by this Clause
is exercised in accordance with Clauses 3-6 of this Article.
(Clause 1.1.
introduced by the Federal Law of July 19, 2009, No.203-FZ)
2. Air time provided
in accordance with Clause 1 of this Article shall be provided during the period
determined by corresponding TV and radio broadcasting organization when TV and
radio programs attract the most audience.
(Clause 2 as
amended by the Federal Law of July 19, 2009, No203-FZ)
3. Air time
provided in accordance with Clause 1 of this Article shall be provided for
conducting discussions, round tables or other joint campaigning events
(hereafter - joint campaigning events) and (or) for presenting election campaigning
materials of political parties, regional groups of candidates. Not later than
35 days before the voting day the political party, and, with regard to the air
time provided by the regional state TV and radio broadcasting organization, the
regional group of candidates may refuse to use air time completely or partly in
case of joint campaigning events or air time provided for presentation of
election campaigning materials, by notifying the Central Election Commission of
the Russian Federation or the election commission of a subject of the Russian
Federation to this effect in writing. This refusal shall result in the
appropriate reduction of the amount of air time provided by the TV and radio
broadcasting organization in accordance with Clause 1 of this Article except as
otherwise provided by Clause 4 of this Article.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
4. Half of total
amount of air time provided in accordance with Clause 1 of this Article shall
be provided for joint campaigning events. If a political party or a regional
group of candidates refuses to participated in joint campaigning events
according to the procedure established by Clause 3 of this Article, the amount
of air time provided by the TV and radio broadcasting organization for joint
campaigning events shall be reduced by the share of this air time due to this
political party or regional group of candidates. Upon the written request of
the political party, regional group of candidates submitted along with the
notification mentioned in Clause 3 of this Article this share shall be provided
to the political party, regional group of candidates for presentation of
election campaigning materials.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
5. Political
parties participate in joint campaigning events conducted on the channel of
national state TV and radio broadcasting organization carried out in accordance
with Clause 4 of this Article, and regional groups of candidates participate in
joint campaigning events conducted on the channel of regional state TV and
radio broadcasting organization. If the territory of a subject of the Russian
Federation is divided into parts to which relevant regional groups of
candidates correspond, the amount of air time shall be calculated and allocated
separately for each part of the territory of the subject of the Russian
Federation. Regional groups of candidates corresponding to a group of
territories of a subject of the Russian Federation or to a subject of the
Russian Federation (including a subject within a group of subjects of the
Russian Federation) shall receive air time provided for each relevant part of
the territory of the subject of the Russian Federation, on the same terms and
conditions as regional groups of candidates corresponding to this part of the
territory of the subject of the Russian Federation. If any of the territories
of a subject of the Russian Federation is not included in the territory to
which any regional group of candidates corresponds, the political party that
nominated the relevant federal list of candidates shall not receive air time
allocated for this part of the territory of the subject of the Russian
Federation.
6. The dates and
time when joint campaigning events are to be aired on the channels of the national
and regional state TV and radio broadcasting organizations shall be determined
by draw, as provided by Clause 11 of this Article.
7. The political
party or the regional group of candidates may refuse to participate in a joint
campaigning event after the draw not later than in five days before the joint
campaigning event is to go on the air or, if the joint campaigning event takes
place less than in five days from the day of the draw – on the draw day, by
notifying the relevant TV and radio broadcasting organization in writing. In
this case the share of air time due to this political party or regional group
of candidates shall be provided for the presentation of their election
campaigning materials, unless otherwise provided by Clause 8 of this Article.
8. If the number
of participants in a joint campaigning event decreases to less than two as a
result of the refusal to participate in the event expressed in accordance with
the procedure established by Clause 7 of this Article, the amount of air time
that each political party or each regional group of candidates may obtain as a
result of such refusal for presenting their election campaigning materials
shall be reduced by half.
9. If a
political party or a regional group of candidates refuses to participate in a
joint campaigning event after expiry of the period specified in Clause 7 of
this Article, in particular, when only one of the participants can participate
in the event as a result of such refusal, the air time provided for such joint
campaigning event shall not be reduced.
10. Air time
provided in accordance with Clause 1 of this Article for the presentation of
election campaigning materials of political parties, regional groups of
candidates shall be distributed between all political parties, all regional
groups of candidates in equal shares, disregarding the shares due under Clause
4 of this Article to the political parties, regional groups of candidates which
refused to participate in joint campaigning events.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ,
of July 19, 2009, No.203-FZ)
11. For the
purposes of distribution of air time provided in accordance with Clause 1 of
this Article for joint campaigning events and presenting election campaigning
materials the Central Election Commission of the Russian Federation or the
election commission of the subject of the Russian Federation shall conduct the
draw upon completion of the registration of federal lists of candidates but not
later than in 30 days before the voting day. The draw procedure may be attended
by the persons mentioned in Clause 1, Article 29 of this Federal Law. The draw
conducted by the Central Election Commission of the Russian Federation with
participation of the representatives of national state TV and radio broadcasting
organizations shall be used to determine the dates and time when joint
campaigning events and election campaigning materials of political parties are
to go on the air. The draw conducted by the election commission of a subject of
the Russian Federation with participation of the representatives of regional
state TV and radio broadcasting organizations shall be used to determine the
dates and time when joint campaigning events and election campaigning materials
of regional groups of candidates are to go on the air. The results of the draw
shall be recorded in a protocol.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
12. A schedule
of distribution of air time provided in accordance with Clause 1 of this
Article that is made on the basis of the protocol mentioned in Clause 11 of
this Article and approved by decision of corresponding election commission and
published correspondingly by the national and regional state print periodicals.
(Clause 12 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
13. State TV and
radio broadcasting organizations shall reserve paid air time for election
campaigning conducted by political parties and regional groups of candidates.
The total amount of paid air time to be reserved by each TV and radio
broadcasting organization shall not be less than the total amount of air time
provided in accordance with Clause 1 of this Article and shall not exceed this
amount by more than two times.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
14. Each
political party, regional group of candidates shall be entitled, for a charge,
to receive a part of air time out of total amount of the reserved air time
within the share calculated by dividing the said amount by the total number of
political parties or the total number of regional groups of candidates.
15. Paid air
time shall be provided by the state TV and radio broadcasting organizations in
the period established by Clause 2, Article 56 of this Federal Law. The dates
and time when joint campaigning events, election campaigning materials are to
go on the air shall be determined by the draw carried out by the TV and radio
broadcasting organization with participation of interested persons, on the
basis of written applications for participation in the draw submitted by the
authorized representatives of political parties. The draw shall be conducted
within the period established by Clause 11 of this Article.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
16. Municipal TV
and radio broadcasting organizations which comply with the requirements set
forth in Clause 9, Article 57 of this Federal Law shall provide air time for
election campaigning to regional groups of candidates on a paid basis. The
total amount of paid air time to be provided shall be determined by the
municipal TV and radio broadcasting organization. The dates and time when joint
campaigning events and (or) election campaigning materials of each regional
group of candidates are to go on the air shall be determined by the draw
carried out by the municipal TV and radio broadcasting organization with
participation of interested persons on the basis of written applications for
participation in the draw submitted by the authorized representatives of
political parties. The draw shall be conducted within the period established by
Clause 11 of this Article.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
17. If a
political party, regional group of candidates refuse to use paid or free air
time provided to them for election campaigning, they shall notify the relevant
TV and radio broadcasting organization to this effect in writing not later than
in five days before they are to go on the air, or, if they are to go on the air
in less than five days from the day of the draw - on the day of the draw, and
the TV and radio broadcasting organization shall be entitled to use the
released air time at its discretion.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
18. If, after
distribution of paid air time in accordance with Clause 15 and 16 of this
Article or because a political party, regional group of candidates refuses to
use the provided air time in accordance with Clause 17 of this Article, some
air time remains unallocated, it may be provided on a paid basis to political
parties applying for such air time. The remaining air time shall be distributed
between the said political parties on equal terms and conditions by means of
the draw.
19. Non-state TV
and radio broadcasting organizations which complied with the provisions of
Clause 11, Article 57 of this Federal Law shall be obliged to provide air time
to political parties for election campaigning on equal terms and conditions.
Non-state TV and radio broadcasting organizations which do not comply with this
requirement or failed to comply with the provisions of Clause 11, Article 57 of
this Federal Law shall not be entitled to provide air time to political parties
for election campaigning.
20. The contract
for provision of paid air time shall specify the following terms and
conditions: the type (form) of election campaigning; the date and time when the
campaigning material is to go on the air; the length of the provided air time;
the amount payable for the air time and the payment procedure; the forms and
conditions of participation of the journalist (host) in the TV or radio
program. Upon fulfillment of the terms and conditions of the contract, a
services provision certificate and an air time utilization report shall be
executed to confirm that the contractual obligations have been fulfilled, with
the indication of the name of the channel, the name of the program and the air
time.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
21. The payment
document on transfer of the full payment for the air time shall be submitted by
the authorized representative of a political party for financial issues, the
authorized representative of the regional branch of the political party for
financial issues to a branch of the Savings Bank of the Russian Federation not
later than in two days before provision of the air time. A copy of the payment
document stamped by the branch of the Savings Bank of the Russian Federation
shall be submitted by the authorized representative of a political party for
financial issues, the authorized representative of the regional branch of the
political party for financial issues to the TV and radio broadcasting
organization before the provision of the air time. No air time shall be
provided if this requirement is not met.
22. The branch
of the Savings Bank of the Russian Federation shall transfer the payment not
later than on the banking day following the day of receipt of the payment
document. The period for processing of a non-cash payment shall not exceed two
banking days within the territory of the subject of the Russian Federation and
five banking days within the territory of the Russian Federation.
23. If, while
using paid air time, the political party or the regional group of candidates
violates terms and conditions established by this Federal Law, corresponding TV
and radio broadcasting organization shall be entitled to apply to a court for
cancellation of the contract for provision of air time.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
24. Transmission
of election campaigning materials or joint campaigning events shall not be
interrupted, in particular, by commercials advertising goods and services.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
25. Transmission
of election campaigning materials or joint campaigning events on the channels
of TV and radio broadcasting organizations shall not be interrupted for
transmission of other TV and radio programs, other campaigning materials.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
26. Video and
audio recordings of TV and radio programs containing election campaigning
materials shall be stored by corresponding TV and radio broadcasting
organization for not less than 12 months from the day of the official
publication of the results of the election of deputies of the State Duma.
Article 59.Conditions of Election Campaigning in Print periodicals
1. Political
parties which registered a federal list of candidates, except political parties
mentioned in Clause 2, Article 57 of this Federal Law, and corresponding
regional groups of candidates shall be entitled to free print space in,
respectively, national state print periodicals and regional state print
periodicals which are published at least once a week, on the following
conditions: equal amount of the provided print space; the same place on the
page; the same font size; and other equal conditions.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
2. The total
minimum weekly amount of free print space which each state print periodical
editorial board provides to political parties or regional groups of candidates
according to Clause 1 of this Article, and in cases mentioned in Clause 2.1. of this Article – paid print space, shall be not less than
10 percent of the total amount of the weekly print space of the relevant print
periodical within the period established by Clause 2, Article 56 of this
Federal Law. Information on total amount of print space which the state print
periodical editorial board provides for election campaigning shall be published
in this print periodical within 30 days of the day of the official publication
of the decision to call the election of deputies of the State Duma.
(Clause 2 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
2.1. Political parties mentioned in Clause 2, Article 57 of this Federal Law,
are entitled under the contract with print periodical editorial board to obtain
out of total amount of print space provided in accordance with Clause 2 of this
Article their due shares or their parts for payment amount of which cannot
exceed payment for print space reserved by editorial boards of state print
periodicals in accordance with Clause 5 of this Article for carrying out of
election campaigning. Distribution of print space provided under the contract
stipulated by this Clause is carried out in accordance with Clauses 3 and 4 of
this Article.
(Clause 2.1.
introduced by the Federal Law of July 19, 2009, N.203-FZ)
3. Total amount
of print space provided in accordance with Clause 2 of this Article is
distributed between political parties, regional groups of candidates by
dividing the said amount by the total number of political parties, regional
groups of candidates entitled to print space in such print periodical.
(Clause 3 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
4. Upon
completion of the registration of federal lists of candidates but not later
than in 30 days before the voting day the Central Election Commission of the
Russian Federation, election commissions of the subjects of the Russian
Federation together with representatives of editorial boards of state print
periodicals carry out the draw with the purpose of distribution of print space
provided in accordance with Clause 2 of this Article between all political
parties or regional groups of candidates and determination of dates of
publication of election campaigning materials. The draw may be attended by
persons mentioned in Clause 1, Article 29 of this Federal Law. The draw results
are recorded in a protocol and approved by decision of election commission that
carried out the draw.
(Clause 4 as
amended by the Federal Law of July 19, 2009, No.203-FZ).
5. Editorial
boards of state print periodicals published not less frequently than once a
week shall reserve paid print space for publishing election campaigning
materials of political parties or regional groups of candidates. Total amount
of paid print space reserved by each editorial board of print periodical shall
not be less than the total amount of print space to be provided in accordance
with Clause 2 of this Article but shall not exceed this amount by more than two
times.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
6. Each
political party and regional group of candidates shall be entitled to paid print space out of total amount of the reserved print
space within a share obtained by dividing the total amount of this amount by
the total number of political parties or the total number of regional groups of
candidates.
7. Paid print
space shall be provided by the state print periodical editorial board within
the period established by Clause 2, Article 56 of this Federal Law. The date of
publication of election campaigning materials shall be determined by the draw
conducted by the print periodical editorial board together with interested persons
on the basis of written applications for participation in the draw submitted by
the authorized representatives of political parties. The draw shall be
conducted within the period established by Clause 4 of this Article and may be
attended by members of the Central Election Commission of the Russian
Federation, the election commission of a subject of the Russian Federation and
persons mentioned in Clause 1, Article 29 of this Federal Law. The results of
the draw shall be recorded in a protocol.
8. Editorial
boards of municipal print periodicals and state print periodicals published
less frequently than once a week, which complied with the provisions of Clause
11, Article 57 of this Federal Law, shall provide paid print space for election
campaigning to regional groups of candidates. Total amount of
paid print space that is provided for election campaigning is determined by
editorial boards of print periodicals. Dates of publication of election
campaigning materials shall be determined by the draw conducted by editorial
boards of these print periodicals together with interested persons on the basis
of written applications for participation in the draw submitted by the
authorized representatives of political parties. The draw shall be conducted
within the period established by Clause 4 of this Article.
9. If a
political party, regional group of candidates refuses to use paid print space
or free print space provided to them for election campaigning, they shall, not
later than in five days before publication of the election campaigning
material, notify in writing to this effect the editorial board of corresponding
print periodical which shall be entitled to use the released print space at its
discretion.
10. If, after
distribution of paid print space in accordance with Clause 7 or 8 of this
Article or as the result of refusal of a political party, regional group of
candidates to use the provided print space in accordance with Clause 9 of this
Article, some print space remains undistributed, it may be provided on a paid
basis to political parties applying for such print space. The remaining print
space shall be distributed between the said political parties on equal terms
and conditions by means of the draw.
11. Editorial
boards of non-state print periodicals which complied with the provisions of
Clause 11, Article 57 of this Federal Law shall provide print space to
political parties for election campaigning on equal payment terms. These
editorial boards may refuse to provide print space for election campaigning. Editorial
boards of non-state print periodicals which failed to comply with the
provisions of Clause 11, Article 57 of this Federal Law shall not be entitled
to provide print space for election campaigning to political parties.
12. The payment
document on transfer of the full payment for print space shall be submitted by
the authorized representative of a political party for financial issues, the
authorized representative of the regional branch of the political party for
financial issues to a branch of the Savings Bank of the Russian Federation not
later than in two days before provision of the air time. A copy of the payment
document stamped by the branch of the Savings Bank of the Russian Federation
shall be submitted by the authorized representative of a political party for
financial issues, the authorized representative of the regional branch of the
political party for financial issues to editorial board of print periodical
before provision of print space. No print space shall be provided if this
requirement is not met.
13. The branch
of the Savings Bank of the Russian Federation shall transfer the payment not
later than on the banking day following the day of receipt of the payment
document. The period for processing of a non-cash payment shall not exceed two
banking days within the territory of the subject of the Russian Federation and
five banking days within the territory of the Russian Federation.
14. Election
campaigning materials published in accordance with this Article shall not be
accompanied by any forms of editorial comment, by headings and illustrations
which are not agreed upon with the relevant political party.
15. Editorial
boards of print periodicals which publish election campaigning materials shall
not give preference to any political party that registered a federal list of
candidates by changing the circulation and publication frequency of the print
periodicals. This requirement shall not apply to editorial boards of print
periodicals founded by political parties or candidates.
16. All election
campaigning materials published in print periodicals shall contain information
on political party or its regional branch electoral fund of which was used for
payment of publication. If election campaigning materials are published free of
charge in accordance with Clause 1 of this Article, information on this shall
be contained in publication with indication on which political party or the
regional group of candidates was provided this opportunity.
(as amended by the Federal Law of July 19, 2009, No.203-FZ)
Article 60.Conditions of Election Campaigning by Means of Public
Campaigning Events
1. State bodies
and bodies of local self-government shall assist political parties which
registered federal lists of candidates in arranging and conducting public campaigning
events.
2. Notifications
of organizers of meetings, demonstrations, rallies and picketing shall be
submitted and reviewed in the procedure established by the Russian Federation
laws.
3. On the basis
of the application of a political party that registered a federal list of
candidates, premises of which are suitable for holding public campaigning
events in the form of meetings and owned by state or municipal formation is
provided in accordance with the election legislation of the Russian Federation by
the owner, possessor of the premises for the time period established by the
election commission of the subject of Russian Federation, or, upon its
instruction, by the territorial election commission, for meetings of the
representatives of the political party with voters. Election commissions shall
ensure equal conditions for holding such events for all political parties that
registered federal lists of candidates.
4. If the
premises mentioned in Clause 3 of this Article or the premises owned by an
organization in which authorized (shareholding) capital the share
(contribution) of the Russian Federation, subjects of the Russian Federation
and (or) municipal formations exceeds 30 percent as of the day on which the
decision to call the election of deputies to the State Duma was published, were
provided to one political party, the owner, possessor of the premises shall not
refuse to provide the premises to other political parties on the same terms and
conditions. In case of provision of premises to political party the owner,
possessor of the premises not later that on the day following the day of the
premises provision shall notify the election commission of the subject of the
Russian Federation of the fact of provision of premises, of conditions of its
provision, and of the fact that this premises can be provided to other
political parties during election campaigning period.
(as amended by the Federal Law of July 27, 2010, No.222-FZ)
4.1. Election commission of the subject of the Russian Federation that received
a notice of the fact of provision of premises to a political party,
shall within two days from the day of receipt of such notice publish the
information it contains on the Internet or otherwise notify other political
parties to this effect.
(Clause 4.1.
introduced by the Federal Law of July 27, 2010, No.222-FZ)
5. Applications
for the provision of premises to hold meetings of the representatives of
political parties with voters shall be reviewed by the owners, possessors of
the premises mentioned in Clauses 3 and 4 of this Article within three days
from the day of the submission thereof.
6. For
conducting public campaigning events political parties that registered federal
lists of candidates may rent premises and facilities owned by citizens and
organizations regardless of the form of ownership.
7. No election
campaigning shall be allowed in the territory of military units, in military
organizations and institutions, save the case where the only building or
premises suitable for holding meetings is located in the territory of a
military unit or military organization or institution. Such building or
premises shall be provided by the commander of the military unit for conducting
meetings of the representatives of political parties that registered federal
lists of candidates with voters upon the request of the election commission of
the subject of the Russian Federation, or, on its instruction, by the
territorial election commission. Meetings of the representatives of political
parties that registered federal lists of candidates with voters - servicemen
shall be arranged by the commander of the military unit together with the
relevant election commission; the authorized representatives or attorneys of
other political parties that registered federal lists of candidates shall be
notified of the time and place of the meeting not later than in three days
before the day of the meeting.
8. Security at
public campaigning events shall be ensured by the state bodies in accordance
with the legislation of the Russian Federation.
Article 61.Conditions for Production and Distribution of Printed,
Audio-Visual and Other Election Campaigning Materials
1. Political
parties that registered federal lists of candidates may freely produce and
distribute printed, audio-visual and other campaigning materials in accordance
with the procedure established by the legislation of the Russian Federation.
All election campaigning materials shall be produced in the territory of the
Russian Federation.
2. Organizations
or individual entrepreneurs providing advertising services shall ensure equal
terms and conditions to political parties that registered federal lists of
candidates for displaying election campaigning materials.
3.
Organizations, individual entrepreneurs performing work (providing services)
related to the production of election campaigning materials shall ensure equal
payment terms for production of such materials for political parties that
registered federal lists of candidates. Information on the rates (in the Russian
Federation currency) and other terms of payment for the services of such
organizations or individual entrepreneurs connected with the production of
printed election campaigning materials shall be published by the relevant
organization or individual entrepreneur within 30 days of the day of the
official publication of the decision to call the election of deputies of the
State Duma and shall be, within the same period, submitted to the Central
Election Commission of the Russian Federation or the election commission of the
subject of the Russian Federation where this organization or individual
entrepreneur is registered. Organizations or individual entrepreneurs who
failed to meet these requirements shall not be allowed to perform any work
related to production of such materials.
4. All printed,
audio-visual and other election campaigning materials shall indicate the name,
legal address and taxpayer identification number of the organization (surname,
first name and patronymic of the physical entity, name of the subject of
Russian Federation, district, city, other population center where the person’s
place of residence is located) which produced these materials; name of the
organization (surname, first name and patronymic of the physical person) which
ordered the materials; number of copies issued; date of publication; statement
that the materials are paid for out of corresponding electoral fund.
5. Prior to
their distribution printed election campaigning materials or their copies,
copies of audio-visual election campaigning materials, photos of other election
campaigning materials shall be submitted by a political party that registered a
federal list of candidates to the Central Election Commission of the Russian
Federation or the election commissions of the subjects of the Russian
Federation in the territory of which such materials are to be distributed. The
information concerning the location of the organization (residential address of
the person) which produced and ordered such materials shall be submitted along
with the said materials.
6. Ceased to be
in force. – The Federal Law of April 26, 2007, No.64-FZ.
7. Campaigning
materials shall not be produced without prepayment made out of corresponding
electoral fund or in violation of the requirements set forth in Clauses 4 and 6
of this Article.
8. Distribution
of election campaigning materials in violation of the requirements set forth in
Clause 5 of this Article and Clause 10, Article 55 of this Federal Law shall be
prohibited.
9. Not later
than in 30 days before the voting day the bodies of local self-government
shall, at the suggestion of the election commission of the subject of the
Russian Federation or the territorial election commission, allocate and fit out
special places for displaying printed election campaigning materials in the
territory of each election precinct. Such places shall be convenient for voters
to visit and shall be arranged so that voters can read the displayed
information. The authorized representatives of political parties shall be entitled
to receive from the territorial election commission a list of the places
allocated for displaying such campaigning materials.
10. In cases
which are not provided by Clause 9 of this Article printed election campaigning
materials may be displayed (posted, placed) inside premises, on buildings,
structures or at other sites only with the written consent of their owners,
possessors (under a contract with the owners, possessors) of such premises and
on the terms and conditions set by them. The said materials may be displayed
free of charge at the sites owned by the state, or a municipal formation, or an
organization in which authorized (shareholding) capital the stake
(contribution) of the Russian Federation, a subject of the Russian Federation
or a municipal formation exceeds 30 percent as of the day on which the decision
to call the election of deputies to the State Duma was published (on equal
terms and conditions for all political parties that registered federal lists of
candidates.
11. Election
campaigning materials shall not be placed (posted, displayed) on monuments,
obelisks, buildings, structures and inside premises which have a historical,
cultural or architectural value, on the buildings where election commissions
and polling stations are located or at a distance of less than 50 meters from
the entrance thereto.
12. Provisions
of this Article shall not be applied to election campaigning materials
distributed in accordance with Articles 58 and 59 of this Federal Law.
Article 62.Restrictions on Election Campaigning
1. During
election campaign it shall not be allowed to violate any restrictions imposed
by Clauses 1 and 1.1, Article 56 of the Federal Law “On Basic Guarantees of the
Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”
(Clause 1 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
2. While
conducting election campaigning, political parties that nominated federal lists
of candidates, candidates, attorneys of political parties, authorized
representatives of political parties for financial issues, authorized
representatives of regional branches of political parties for financial issues
as well as other persons and organizations shall not bribe voters: give voters
money, gifts and other things if they are not intended as remuneration for the
performance of organizational work (collection of voter signatures,
participation in election campaigning); remunerate or promise to remunerate
voters, who performed the said organizational work, depending on the voting
results; sell goods at reduced prices; distribute any goods other than printed
materials (including illustrated materials) and badges specially produced for
the election campaign free of charge; render services free of charge or at reduced
rates; influence voters by promising money, securities, other material benefits
(in particular depending on the voting results) and by rendering services
otherwise than on the basis of the decisions of bodies of state power and
bodies of local self-government taken in accordance with the Russian Federation
laws.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
3. During the
election campaign period, it shall not be allowed to organize lotteries or
other risk-based games in which prizes or participation in winning prizes
depends on the voting results, election outcome or which are otherwise
connected with the election of deputies of the State Duma.
4. During the
election campaign period the materials containing the surname or picture of a
candidate, which advertise the commercial or any other activities unrelated to
the election of deputies of the State Duma, and advertisements which contain
the name, emblem or other symbols of a political party that nominated a federal
list of candidates shall be paid for only out of electoral fund of such
political party. No such advertisements, even if paid for out of electoral fund
shall be allowed on the voting day and on the day preceding
the voting day.
5. Political
parties that nominated federal lists of candidates, candidates, attorneys of
political parties, authorized representatives of political parties, including
representatives for financial issues, authorized representatives of regional
branches of political parties for financial issues as well as the organizations
registered after the commencement of the election campaign, which are founded,
owned, possessed by or have as members of their management bodies (in
organizations where the highest managing body is the general meeting – as
members of bodies which manage the activity of these organizations) the said
persons and (or) political parties shall not carry out any charitable
activities during the election campaign. During the election campaign period
other individuals and legal entities may not carry out any charitable
activities upon the request, on the instructions or on behalf of the said
political parties, candidates, their attorneys and authorized representatives
and shall not conduct election campaigning simultaneously with charitable
activities. The said political parties, candidates, their attorneys and
authorized representatives shall be prohibited from asking other physical and
legal entities to render material or financial assistance or services to
voters.
5.1. Campaigning
materials shall not contain commercial advertising.
(Clause 5.1
introduced by the Federal Law of April 26, 2007, No.64-FZ)
5.2. Political
parties that nominated a federal list of candidates shall not use the air time,
provided to them on the channels of TV broadcasting organizations for
presenting their campaigning materials, for the following purposes:
1) to call for voting against any federal list of candidates
(federal lists of candidates);
2) to describe possible negative consequences in case a certain
federal list of candidates is admitted to distribution of deputy seats (certain
federal list of candidates receives deputy seats), certain candidate
(candidates) included in the federal list of candidates is (are) elected;
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
3) to disseminate information with a clear emphasis on some
political party that nominated a federal list of candidates or on a candidate
(candidates) included in a federal list of candidates, accompanied by negative
comments;
4) to
disseminate information facilitating formation of a negative attitude of voters
towards any political party that nominated a federal list of candidates or any
candidate (candidates) included in a federal list of candidates;
(Clause 5.2 was
introduced by the Federal Law of April 26, 2007, No.64-FZ)
6. If mass media
organizations publish (make public) campaigning or informational materials
(including such materials containing true information) which may damage the
honor, dignity or business reputation of a candidate or the business reputation
of any political party that nominated a federal list of candidates, these
organizations shall provide the candidate or the political party with a
possibility to publish (make public), free of charge, a denial or some other
explanation in defense of their honor, dignity or business reputation before
the end of the campaigning period. In order to make public the said denial or
some other explanation the candidate, political party shall be provided with
air time at the same time of the day at which the initial information was
aired; the amount of such air time shall not be less than the amount of the air
time allocated for airing the initial information, and, in any case, it shall
not be less than two minutes. When the denial or some other explanation is to
be published, its text shall be printed in the same font, placed in the same
part of the page and the amount of print space allocated to it shall not be less than the amount of print space allocated to the text
refuted by the denial. The failure to provide a candidate, a political party
with a possibility to publish (make public) the denial or some other
explanation before the end of the campaigning period may serve as a ground for
bringing the mass media organizations, their officials and other persons to
responsibility in compliance with the legislation of the Russian Federation.
The requirements set forth in this Clause shall not be applied to presentation
of campaigning materials by political parties when they use free and paid air time,
free and paid print space in accordance with this Federal Law.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
7. Election
commissions shall exercise control over the compliance with the procedures
established for election campaigning and take measures to eliminate their
violations. If false printed, audio-visual and other election campaigning
materials are disseminated or if election campaigning materials are
disseminated in violation of the requirements set forth in Clauses 4 - 8, 10 and
11, Article 61 of this Federal Law, or if any TV and radio broadcasting
organization or any print periodical editorial board fails to comply with the
election campaigning procedures established by this Federal Law, the
corresponding election commission shall be obliged to apply to the law
enforcement bodies, a court of law, the body of executive power charged with
the performance of control and supervision functions in the sphere of mass
communications and ask them to stop unlawful campaigning activities, seize
unlawful election campaigning materials and bring the TV and radio broadcasting
organization or the print periodical editorial board, their officials and other
persons to responsibility in accordance with the legislation of the Russian
Federation.
8. The law
enforcement and other bodies shall be obliged to take measures to stop unlawful
campaigning activities, prevent production of false and unlawful election
campaigning materials and seize such materials. They shall identify the
producers of the said materials and the source from which they are paid for and
promptly inform the corresponding election commission on the facts established
and measures taken.
Chapter 9.FUNDING OF THE ELECTION OF DEPUTIES OF THE STATE DUMA. ELECTORAL FUNDS
Article 63.Funding of Preparation and Conduct of the Election of Deputies
of the State Duma
1. The
expenditure related to preparation and conduct of the election of deputies of
the State Duma, to activities of election commissions during the period of
their powers, to use and operation of the automation facilities, to legal
education of voters and training of election officials shall be paid from the
funds allocated for these purposes from the federal budget. The allocations to
meet this expenditure shall be included in the federal budget in accordance
with the budget classification of the Russian Federation and shall be
transferred to the election commissions, the federal bodies of executive power
in charge of diplomatic and consular missions of the Russian Federation, the
military units (for the election precincts formed in accordance with Clauses 5
and 6, Article 13 of this Federal Law) - to the accounts opened by them at the
institutions of the Central Bank of the Russian Federation or, in the absence
of such institutions, at the branches of the Savings Bank of the Russian
Federation. The chief manager of such allocations shall be the Central Election
Commission of the Russian Federation.
2. The funds
allocated from the federal budget for preparation and conduct of the election
of deputies of the State Duma shall be placed at the disposal of the Central
Election Commission of the Russian Federation in accordance with the approved
budget schedule for the distribution of the expenditure of the federal budget,
but not later than in ten days after the official publication of the decision
to call the election of deputies of the State Duma.
3. Not later
than in 50 days before the voting day the Central Election Commission of the
Russian Federation shall distribute the funds, which it received from the
federal budget for preparation and conduct of the election of deputies of the
State Duma, between the election commissions of the subjects of the Russian
Federation, which shall distribute the received funds between the territorial election
commissions not later than in 30 days before the voting day. The funds for
preparation and conduct of the elections in election precincts formed in
accordance with Clauses 5 and 6, Article 13 of this Federal Law shall be
distributed by the Central Election Commission of the Russian Federation
between the state bodies in charge of the registration and account of voters in
these election precincts and also between the territorial election commissions
formed in accordance with Clauses 2 and 3, Article 20 of this Federal Law not
later than in 30 days before the voting day. In the event of early elections
and also if funding for preparation and conduct of the elections is not
provided in due time or in full the aforementioned election commissions shall distribute
the funds as they become available.
4. In the event
of early elections to the State Duma the amount of funds allocated from the
federal budget for preparation and conduct of such elections 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 preparation and conduct of
the previous election of deputies of the State Duma preceding these elections
(with account of changes in the minimum monthly salary established by the
Federal Law for regulation of labor remuneration).
5. The chairmen
of election commissions shall manage the funds allocated for preparation and
conduct of the election of deputies of the State Duma and shall be responsible
for proper compliance of financial documents with the decisions taken by the
election commissions on financial issues and shall also ensure that the reports
on the expenditure of these funds are submitted in accordance with the
procedure and at the time established by this Federal Law.
6. Not later
than in 60 days after a report on the expenditure of the funds allocated from
the federal budget for preparation and conduct of the election of deputies of
the State Duma and the information on the sums received to and expended from
the electoral funds are submitted to the Chambers of the Federal Assembly of
the Russian Federation, the rest of these funds that were not spent shall be
transferred to the federal budget and shall be used for the purposes
established by the budget legislation of the Russian Federation.
Article 64.Electoral Funds
1. The political
party that nominated a federal list of candidates shall be obliged to establish
its own electoral fund to finance its election campaign. The regional branch of
such political party, registered in the subject of the Russian Federation in
accordance with the Federal Law, may form its electoral fund subject to the
decision of the leading body of the political party, authorized to take such
decisions by the party statutes, if the federal list of candidates nominated by
this political party contains a regional group of candidates corresponding to
the given subject of the Russian Federation (including a subject of the Russian
Federation comprised in a group of subjects of the Russian Federation) or a
regional group of candidates (regional groups of candidates) which corresponds
(correspond) to a part (parts) of the territory of this subject of the Russian
Federation. The candidates included in a federal list of candidates shall not form
their own electoral funds.
2. Electoral
funds of political parties may be formed only from the following sources:
1) own resources of the political party in an amount not
exceeding 50 percent of the maximum limit of all expenditure out of the
electoral fund of a political party established in accordance with this Federal
Law.
2) voluntary donations of citizens and legal entities. Total
amount of voluntary donations from each citizen, each legal entity shall not
exceed, respectively, 0.07 percent and 3.5 percent of the maximum limit of all
expenditure out of the electoral fund of a political party established in
accordance with this Federal Law.
3. The maximum
limit of all expenditure out of the electoral fund of a political party shall
not exceed 700 million rubles. This sum does not include the expenditure out of
the electoral funds of the regional branches of the political party.
(as amended by the Federal Law of December 23, 2010,
No.384-FZ)
4. Electoral
funds of regional branches of political parties may be formed only from the
following sources:
1) own resources of the political party (excluding the
resources of its electoral fund) in an amount not exceeding 50 percent of the
maximum limit of all expenditure out of the electoral fund of a regional branch
of a political party established in accordance with this Federal Law.
2) voluntary donations of citizens and legal entities. Total
amount of voluntary donations from each citizen, each legal entity shall not
exceed, respectively, 5 percent and 50 percent of the maximum limit of all
expenditures from the electoral fund of a regional branch of a political party
established in accordance with this Federal Law.
5. The maximum
limit of all expenditure out of the electoral fund of a regional branch of a political
party shall not exceed:
1) 15 million
rubles if not more than 100 thousand voters are registered in the territory of
the subject of the Russian Federation to which the regional group of candidates
corresponds;
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
2) 20 million
rubles if more than 100 thousand but not more than 500 thousand voters are
registered in the territory of the subject of the Russian Federation to which
the regional group of candidates corresponds;
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
3) 25 million
rubles if more than 500 thousand but not more than 1 million voters are
registered in the territory of the subject of the Russian Federation to which
the regional group of candidates corresponds;
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
4) 35 million
rubles if more than 1 million but not more than 2 million voters are registered
in the territory of the subject of the Russian Federation to which the regional
group of candidates corresponds or in all parts of its territory to which
regional groups of candidates correspond;
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
5) 55 million
rubles if more than 2 million voters are registered in the territory of the subject
of the Russian Federation to which the regional group of candidates corresponds
or in all parts of its territory to which regional groups of candidates
correspond.
(as amended by the Federal Law of April 26, 2007, No.64-FZ,
of December 12, 2010, No.384-FZ)
6. If the
regional groups of candidates of a federal list of candidates correspond to
parts of the territory of the subject of the Russian Federation which do not
comprise all parts of the territory of the subject of the Russian Federation
determined in accordance with Clauses 13 and 14, Article 36 of this Federal
Law, the maximum limit of all expenditure out of the electoral fund of such
regional branch of the political party shall not exceed:
1) the product
of the number of the parts of the territory of the subject of the Russian
Federation, determined in accordance with Clauses 13 and 14, Article 36 of this
Federal Law and included in the part (parts) of the territory of the subject of
the Russian Federation to which the regional group (regional groups) of the
federal list of candidates corresponds (correspond) in this subject of the
Russian Federation, and the number obtained by dividing 35 million rubles by
the number of the parts of the territory of this subject of the Russian
Federation determined in accordance with Clauses 13 and 14, Article 36 of this
Federal Law, if more than 1 million but not more than 2 million voters are
registered in the territory of this subject of the Russian Federation;
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
2) the product
of the number of the parts of the territory of the subject of the Russian
Federation, determined in accordance with Clauses 13 and 14, Article 36 of this
Federal Law and included in the part (parts) of the territory of the subject of
the Russian Federation to which the regional group (regional groups) of the
federal list of candidates corresponds (correspond) in this subject of the
Russian Federation, and the number obtained by dividing 55 million rubles by
the number of the parts of the territory of the subject of the Russian
Federation determined in accordance with Clauses 13 and 14, Article 36 of this
Federal Law, if more than 2 million voters are registered in the territory of
this subject of the Russian Federation.
(as amended by the Federal Law of December 12, 2010,
No.384-FZ)
6.1. If a
regional group of candidates (regional groups of candidates) of a federal list
of candidates is (are) removed from the federal list of candidates but at least
one regional group of candidates corresponding to a part of the territory of
the subject of the Russian Federation remains in the federal list of
candidates, the maximum limit of all expenditure out of the electoral fund of
the given regional branch of the political party, determined in accordance with
Clauses 5 and 6 of this Article, shall not be reduced.
(Clause 6
introduced by the Federal Law of April 26, 2007, No.64-FZ)
7. No donations
to the electoral funds shall be allowed from:
1) foreign states;
2) foreign organizations;
3) foreign nationals;
4) stateless persons;
5) citizens of the Russian Federation who have not attained to
the age of 18 years as of the voting day;
6) Russian legal
entities with foreign participation if the foreign stake (contribution) in (to)
their authorized shareholding) capital exceeds 30 percent as of the day of the
official publication of the decision to call the election of deputies of the
State Duma (for open joint-stock companies - as of the date of preparation of
the list of shareholders entitled to participate in the annual general meeting
for the previous financial year);
(as amended by the Federal Law of December 30, 2006,
No.274-FZ)
7) international organizations and international public
movements;
8) bodies of state power, other state bodies, bodies of local
self-government;
9) state and municipal institutions, state and municipal
unitary enterprises;
10) legal
entities with an authorized (shareholding) capital in which the stake
(contribution) of the Russian Federation, subjects of the Russian Federation
and (or) municipal formations exceeds 30 percent as of the day of the official
publication of the decision to call the election of deputies of the State Duma
(for open joint-stock companies - as of the date of preparation of the list of
shareholders entitled to participate in the annual general meeting for the
previous financial year);
(as amended by Federal Law of December 30, 2006, No.274-FZ)
11)
organizations established by state bodies and (or) bodies of local
self-government (with the exception of joint-stock companies established by way
of privatization); organizations, established by the legal entities mentioned
in Paragraphs 6 and 10 of this Clause; organizations with an authorized
(shareholding) capital in which the stake (contribution) of the legal entities
mentioned in Paragraphs 6 and 10 of this Clause exceeds 30 percent as of the
day of the official publication of the decision to call the election of
deputies of the State Duma (for open joint-stock companies - as of the date of
preparation of the list of shareholders entitled to participate in the annual
general meeting for the previous financial year);
(as amended by Federal Law of December 30, 2006, No.274-FZ)
12) military units, military institutions and organizations and
law enforcement bodies;
13) charitable and religious organizations and organizations
established by them;
14) anonymous donators. "Anonymous donator" means a
citizen who has not indicated or indicated incorrectly any of the following
data in the donation payment document: surname, first name and patronymic,
residential address; a legal entity which has not indicated or indicated
incorrectly any of the following data in the donation payment document:
taxpayer's identification number, corporate name, bank details;
15) legal entities registered less than a year before the voting
day;
16) non-profit organizations if, during a year preceding the day
of the donation to an electoral fund, they received sums of money or other
property from:
a) foreign
states and bodies, organizations or physical entities mentioned in Paragraphs 2
– 5, 7 – 9, 12 – 15 of this Clause;
b) Russian legal
entities with foreign participation, if the stake (contribution) of the foreign
participation in their authorized (shareholding) capital exceeded 30 percent as
of the day on which these sums or other property was received (for open
joint-stock companies - as of the date of preparation of the list of
shareholders entitled to participate in the annual general meeting for the
previous financial year);
c) legal
entities with an authorized (shareholding) capital in which the stake
(contribution) of the Russian Federation, subjects of the Russian Federation
and (or) municipal formations exceeded 30 percent as of the day on which these
sums or other property was received (for open joint-stock companies - as of the
date of preparation of the list of shareholders entitled to participate in the
annual general meeting for the previous financial year);
d) organizations established by state bodies and/or bodies of local
self-government (with the exception of joint-stock companies established by way
of privatization);
e) organizations established by the legal entities mentioned in
sub-paragraphs “b” and “c” of this Paragraph;
f) organizations
with an authorized (shareholding) capital in which the stake (contribution) of
the legal entities mentioned in sub-paragraphs “b” and “c” of this Paragraph
exceeded 30 percent as of the day on which these sums or other property was
received (for open joint-stock companies - as of the date of preparation of the
list of shareholders entitled to participate in the annual general meeting for
the previous financial year);
(Clause 16
introduced by the Federal Law of December 30, 2006, No.274-FZ)
7.1. The
non-profit organizations mentioned in Paragraph 16, Clause 7 of this Article
shall not be allowed to make donations to the electoral fund only if the sums
of money or other property received by these non-profit organizations were not
returned by them to the foreign states, bodies, organizations or physical
entities mentioned in sub-paragraphs “a” – “f,” Paragraph 16, Clause 7 of this
Article, which gave them these sums of money or other property or if these sums
of money or this property was not transferred to the budget of the Russian Federation
before the day of the donation to the electoral fund because it was impossible
to return them).
(Clause 7.1
introduced by the Federal Laws of December 30, 2006, No.274-FZ; as amended by
the Federal Law of April 26, 2007, No.64-FZ)
8. The right to manage
the resources of the electoral fund of a political party shall be exercised by
the political party that formed the fund. The right to manage the resources of
the electoral fund of a regional branch of a political party shall be exercised
by the regional branch of the political party that formed the fund in
coordination with the duly authorized leading body of the political party.
9. The resources
of the electoral funds of political parties shall be used only for the purposes
for which such electoral funds are formed, namely:
1) funding of organizational-technical arrangements for
collection of voters’ signatures;
2) election campaigning and payment for informational and
consultative services;
3) payment for other kinds of work (services) performed (rendered)
by citizens and legal entities and payment of other expenses directly related
to the conduct of the election campaign by the political party;
4) ceased to be in force. – The Federal Law of February 9,
2009, No.3-FZ.
10. The
resources of electoral funds of regional branches of political parties shall be
used only for the purposes for which such electoral funds are formed, namely:
1) election
campaigning, with the exception of payment of expenses related to the provision
of paid air time on the channels of the national TV and radio broadcasting
organizations and paid space in the national print periodicals and payment for
informational and consultative services;
2) payment for other kinds of work (services) performed
(rendered) by citizens and legal entities and payment of other expenses
directly related to the conduct of the election campaign by the political
party.
11. The
political party that nominated a federal list of candidates and the regional
branches of such political party shall make payments in respect of the
organizational and technical measures for collection of voters’ signatures, the
conduct of election campaigning, the performance of other activities aimed at
the achievement of a definite result in the election of deputies of the State Duma
only out of the sums (including the political party own financial resources)
which were contributed to the electoral funds of the political party and its
regional branches in accordance with the procedure established by this Federal
Law.
12. The political
party that nominated a federal list of candidates may use, without making any
payments out of its electoral fund, the movable and immovable property (with
the exception of securities, printed materials and consumables) which it had at
its disposal as of the day of the official publication of the decision to call
the election of deputies of the State Duma.
13. In the
conduct of the election campaign the political party and its regional branch
may use only those sums of money which were transferred by the contributors to
the electoral accounts of their electoral funds before the voting day, in
accordance with the procedure established by this Federal Law.
14. In the event
of additional nomination of federal lists of candidates under the circumstances
mentioned in Clause 11, Article 44 and Clause 5, Article 49 of this Federal Law
the maximum limit of all expenditure out of the electoral fund of the political
party that previously registered a federal list of candidates and from the
electoral fund of the regional branch of this political party shall be
increased by 1.5 times.
Article 65.Special Electoral Accounts
1. The political
party which nominated a federal list of candidates shall open a special
electoral account for the formation of its electoral fund after it receives a
copy of the federal list of candidates certified by the Central Election
Commission of the Russian Federation.
2. Given the
permission of the leading body of the political party duly authorized by the
statutes of the party the regional branch of the political party may open a
special electoral account for the formation of its electoral fund in the
subject of the Russian Federation in which it is registered in accordance with
the Clause 1, Article 64 of this
Federal Law. It may do so upon presentation to the election commission of the
subject of the Russian Federation of the list of candidates certified by the
Central Election Commission of the Russian Federation.
3. At the branch
of the Savings Bank of the Russian Federation, designated for the political
party by the Central Election Commission of the Russian Federation, a special
electoral account shall be opened for the regional branch of the political
party by the election commission of the subject of the Russian Federation. The
political party, its regional branch may each open only one special electoral
account.
4. Immediately
upon presentation of the documents required by, and executed in accordance with
this Federal Law the branch of the Savings Bank of the Russian Federation shall,
without delay, open a special electoral account for the political party, its
regional branch. The bank shall not charge any fee for opening and servicing a
special electoral account and no interest is accrued and paid for the use of
the funds kept therein. All sums deposited on a special electoral account shall
be in the Russian Federation currency.
5. The political
party shall open a special electoral account on the basis of a document, issued
by the Central Election Commission of the Russian Federation, within three days
of certification of its federal list of candidates and the registration of the
authorized representatives of the political party for financial issues. The
regional branch of the political party shall open a special electoral account on
the basis of a document issued by the election commission of the subject of the
Russian Federation, within three days of presentation to the election
commission of the subject of the Russian Federation of a copy of the certified
federal list of candidates, a copy of the certified list of the authorized
representatives of the regional branch of the political party for financial
issues and the registration of these authorized representatives.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
6. All financial
operations through a special electoral account, other than the return of
unspent sums to the electoral fund and crediting to this account of sums paid
before the voting day shall be discontinued on the voting day. If the political
party failed to submit to the Central Election Commission of the Russian
Federation the documents required for the registration of its federal list of
candidates in accordance with the procedure established by this Federal Law or
if registration of this federal list of candidates was refused or if the
political party recalled its federal list of candidates and also if the
registration of this federal list of candidates was cancelled or annulled, all
financial operations through the special electoral account shall be discontinued
by the branch of the Savings Bank of the Russian Federation on the instruction
of the Central Election Commission of the Russian Federation.
7. Save as
otherwise provided by Clause 6 of this Article all financial operations through
the special electoral account of the regional branch of a political party shall
be discontinued if the relevant regional group of candidates (or all regional
groups of candidates if several such groups correspond to the subject of the
Russian Federation) is (are) removed from the federal list of candidates.
Financial operations shall be discontinued by the branch of the Savings Bank of
the Russian Federation on the instruction of the election commission of the
subject of the Russian Federation.
8. Withdrawal of
funds from the special electoral account of the regional branch of the
political party may be suspended (discontinued) on the instruction of the
election commission of the subject of the Russian Federation based on a
decision of the leading body of the political party authorized to take such
decisions by the congress of the political party.
9. Based on an
application of the political party or its regional branch the Central Election
Commission of the Russian Federation or the election commission of the subject
of the Russian Federation, respectively, may extend the period for the
performance of financial operations involving payments for the work, services
and goods (performed, acquired) before the date on which financial operations
through the relevant special electoral account are to be discontinued
(suspended).
10. The special
electoral account shall be closed by the political party, its regional branch
before the day on which they submit a final financial report.
11. The
procedure for opening, maintaining and closing special electoral accounts shall
be established by the Central Election Commission of the Russian Federation in
coordination with the Central Bank of the Russian Federation.
Article 66. Ceased to be in force. – The
Federal Law of February 9, 2009, No.3-FZ
Article 67.Voluntary Donations to Electoral Fund
1. Voluntary
donations of a citizen of the Russian Federation to an electoral fund shall be
paid through a post office or credit institution by the citizen himself, out of
his own funds, upon presentation of the passport or an equivalent identity
document. In the payment order the citizen making a donation shall indicate the
following information about himself: surname, first name and patronymic, date
of birth, residential address, series and number of the passport or an
equivalent identity document, citizenship.
2. Voluntary
donations of legal entities to an electoral fund shall be made by means of
non-cash transfers to a special electoral account. In the payment order the
legal entity making a donation shall indicate the following information about
itself: taxpayers identification number, corporate
name, date of the registration, bank details, note about the absence of the
restrictions imposed by Clause 7, Article 64 of this Federal Law.
3. Voluntary
donations to an electoral fund shall be transferred (credited) to a special
electoral account by post offices and credit institutions not later than the
next banking day after receipt of the payment order. The time for processing a
non-cash payment shall not exceed two banking days within a subject of the
Russian Federation and five banking days within the Russian Federation.
4. The political
party that nominated a federal list of candidates, its regional branch may
return any donation, with the exception of anonymous ones, to donators. If a
voluntary donation was made to an electoral fund from citizens or legal
entities with no right to make such donations or if it was made in violation of
the provisions of Clauses 1 and 2 of this Article or in an amount exceeding the
maximum limit established by Article 64 of this Federal Law, the political
party, its regional branch shall, within 10 days of receipt of the donation to
the special electoral account, return it to the donator fully or in an amount
exceeding the maximum limit of donations (less postal charges), indicating the
reasons for the return. The political party, its regional branch shall not be
held responsible for acceptance of donations from donators that provided wrong
information required under Clause 1 or 2 of this Article, if the political
party, its regional branch were not informed of the impropriety of these
donations in due time.
5. Anonymous
donations made to an electoral fund shall be transferred to the federal budget
within 10 days of their receipt to a special electoral account.
6. Citizens and
legal entities may render financial assistance to the political party only
through electoral funds. No paid work shall be performed, goods sold, paid
services rendered if they are directly or indirectly related to, and used for,
achieving a definite result in the election of deputies of the State Duma,
without a written consent of the authorized representatives of the political
party for financial issues, the authorized representative of the regional
branch of the political party for financial issues and without proper payment
being made out of the relevant electoral fund. Settlements between the
political party, its regional branch and the legal entity for such work
(services), such goods shall be made only by means of non-cash transfers.
7. Legal
entities, their branches, representative offices and other divisions shall not,
free of charge or at unreasonably low (high) rates, perform any work, sell
goods, render any services directly or indirectly related to, and used for,
achieving a definite result in the election of deputies of the State Duma.
Material support intended for achieving a definite election result may be
provided for the political party only if such support is paid for out of the relevant
electoral fund.
8. A citizen
may, free of charge, voluntarily perform work (render services) for the
political party, its regional branch in the course of an election campaign
without involvement of third persons.
Article 68. Electoral Fund Reporting.
Publication of Information on Consolidated Financial Reports of Political
Parties
1. Political
party that nominated a federal list of candidates and its regional branch that
formed electoral funds, shall keep accounting records for the sums received to
and spent from their electoral funds. The procedure and forms of the accounting
to be maintained and reports to be filed by the political party, its regional
branch in respect of the sums received to and spent out of the electoral funds
shall be approved by the Central Election Commission of the Russian Federation.
2. The political
party shall file the following financial reports with the Central Election
Commission of the Russian Federation:
1) the first financial report - when the documents required for
the registration of a federal list of candidates are submitted as prescribed by
this Federal Law. The report shall be drawn up as of the date not more than
five days before the date when the report is submitted;
2) the final financial report - not later than in 30 days after
the day of the official publication of the results of the election of deputies
of the State Duma. The final financial report shall be filed together with the
primary financial documents confirming sums received to and spent out of the
special electoral account of the political party, the information on the
account balance and (or) the closure of the account, the materials mentioned in
Clause 5, Article 61 of this Federal Law or the copies thereof.
3. The regional
branch of the political party that formed an electoral fund shall file the
final financial report with the election commission of the subject of the
Russian Federation not later than in 30 days after the day of the official
publication of the results of the election of deputies of the State Duma. The
final report shall be filed together with the primary financial documents
confirming sums received to and spent out of the special electoral account of
the regional branch of the political party, the information about the account balance
and (or) the closure of the account, the materials mentioned in Clause 5,
Article 61 of this Federal Law or the copies thereof.
4. The list of
primary financial documents to be attached to the final financial report of the
political party, its regional branch shall be determined by the Central
Election Commission of the Russian Federation.
5. The
obligation to file the financial report of the political party, its regional
branch shall be imposed on, respectively, the authorized representative of the
political party for financial issues, the authorized representative of the
regional branch of the political party for financial issues.
6. The
respective election commissions shall provide the copies of the financial
reports mentioned in Clauses 2 and 3 of this Article to the mass media and
shall publish them on the Internet within five days of their receipt. The
national state print periodicals, the regional state print periodicals shall
publish the financial reports, received from, respectively, the Central
Election Commission of the Russian Federation, the election commissions of the
subjects of the Russian Federation, within three days of their receipt.
7. At least once
a week or, less than in ten days before the voting day, at least once every
three banking days, the branches of the Savings Bank of the Russian Federation
shall provide to the Central Election Commission of the Russian Federation, the
election commission of the subject of the Russian Federation the information
concerning the sums received to and spent out of the special electoral accounts
according to the forms established by the Central Election Commission of the
Russian Federation. For this purpose GAS “Vybory” can
be used.
8. Periodically,
but at least once every two weeks before the voting day, the Central Election
Commission of the Russian Federation, the election commission of the subject of
the Russian Federation shall provide the information on sums received to and
spent out of the special electoral accounts to the mass media for the
publication of this information. The Central Election Commission of the Russian
Federation, the election commission of the subject of the Russian Federation
shall disclose the information supplied by the branches of the Savings Bank of
the Russian Federation on the sums received to and spent out of the special
electoral accounts to, respectively, the authorized representatives of the
political party for financial issues, the authorized representatives of the
regional branch of the political party for financial issues and to the mass
media upon their official requests. Upon the request of the Central Election
Commission of the Russian Federation and the election commission of the subject
of the Russian Federation (and, with regard to the respective electoral fund,
also upon the request of the authorized representative of the political party
for financial issues, the authorized representative of the regional branch of
the political party for financial issues) the branches of the Savings Bank of
the Russian Federation shall, within three days or, three days before the
voting day - immediately, provide certified copies of primary financial
documents confirming sums received to and spent out of the special electoral
accounts.
9. Ceased to be
in force. – The Federal Law of July 19, 2009, No.196-FZ.
.
10. The national
state print periodicals and the regional state print periodicals shall publish
the information provided to them by, respectively, the Central Election
Commission of the Russian Federation, the election commissions of the subjects
of the Russian Federation on the sums received to and spent out of the special
electoral accounts as well as the information from the consolidated financial
reports of the political parties that registered federal lists of candidates,
for four accounting years preceding the election of deputies of the State Duma
or, if the political party was registered less than four years before the year
of the election, for the period which commences from the year of the
registration of the political party and ends in the year preceding the election
year. The following information shall be subject to mandatory publication:
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
1) information on financial operations which involve expenditure
of money from the electoral fund (the resources of a political party) in an
amount exceeding 800 thousand rubles for a political party and 100 thousand
rubles for its regional branch;
2) information
on the legal entities that contributed voluntary donations to the electoral
fund (to the account of a political party) in the amount exceeding 400 thousand
rubles for a political party and 50 thousand rubles for its regional branch;
3) information
on the number of citizens who contributed voluntary donations to the electoral
fund (to the account of a political party) in the amount exceeding 40 thousand
rubles for a political party and 20 thousand rubles for its regional branch;
4) information on the sums returned to donators from the
electoral fund (from the account of a political party) and the reasons for the
return;
5) information on the total amount of money received to the
electoral fund (to the account of a political party) and the total amount of
money spent out of it.
11. Within five
days of receipt of a request from the relevant election commission the bodies
in charge or the registration of citizens of the Russian Federation at the
place of their stay and residence within the Russian Federation, bodies of
executive power in charge of the state registration of legal entities or
authorized to register non-profit organizations shall, free of charge, verify
the information provided by citizens and legal entities when they were making
voluntary donations to electoral funds and shall inform the given election
commission on the results of such verification. This information shall be
submitted according to the forms established by the Central Election Commission
of the Russian Federation. In this case, GAS “Vybory”
may be used. If the Central Election Commission of the Russian Federation, the
election commissions of the subjects of the Russian Federation receive
information on voluntary donations made in violation of the requirements of
Clause 7, Article 64 of this Federal Law, this information shall be promptly
made known by the Central Election Commission of the Russian Federation, the
election commissions of the subjects of the Russian Federation to the political
parties concerned and to their regional branches.
(as amended by the Federal Law of December 30, 2006,
No.274-FZ)
Article 69.Return of Money by Political Parties, Their Regional Branches
1. After the
voting day, prior to filing the final financial report, the political party
that registered a federal list of candidates, its regional branch shall return
unspent sums remaining on their special electoral account to citizens and (or)
legal entities that made voluntary donations or transfers to their respective
electoral funds, in proportion to the contributed amounts (less postal
charges).
(as amended by the Federal law of February 9, 2009, No.3-FZ)
2. After the
expiry of 60 days from the voting day, the branches of the Savings Bank of the
Russian Federation shall, on the written instruction of the Central Election
Commission of the Russian Federation or the relevant election commission of the
subject of the Russian Federation, transfer the sums remaining in special
electoral accounts to the federal budget.
3. Ceased to be
in force from August 1, 2009. – The Federal Law of July 19, 2009, No.203-FZ.
4. Obligations
of the political parties set forth in Clause 1 of this Article shall arise from
the day of the official publication of the results of the election of deputies
of the State Duma.
(Clause 4 as
amended by the Federal Law of July 19, 2009, No.203-FZ)
5-13. Ceased to
be in force from August 1, 2009. – The Federal Law of July 19, 2009, No.203-FZ.
Article 70.Funding of Election Commissions
1. The funds
allocated from the federal budget for preparation and conduct of the election
of deputies of the State Duma, financial support of the activity of the
election commissions, use and operation of automation facilities, legal
education of voters and training of election officials shall be used by the
election commissions at their discretion for the purposes defined by this
Federal Law.
2. The
allocations from the federal budget shall be used to finance the expenditure of
the election commissions related to:
1) additional
labor remuneration for voting members and the administrations of election commissions,
payment of the compensation to voting members of election commissions relieved
from their main job for the period of preparation and conduct of the election
of deputies of the State Duma and payments to citizens who work in election
commissions under civil-law contracts and to specialists assigned to the
supervisory-auditing services of election commissions;
2) production of printed materials and publishing activity;
3) purchase, delivery and installation of the equipment
(including technological equipment), other tangible assets required for
preparation and conduct of the election of deputies of the State Duma and the
activity of election commissions;
4) payment of travel expenses, including expenses on the
organization of voting in hard-to-reach and remote areas;
5) delivery and safe storage of electoral documents, their
preparation for the transfer to archives and their disposal;
6) business trips and other purposes connected with preparation
and conduct of the election of deputies of the State Duma and the activity of
election commissions.
7) use and operation of automation facilities, legal education
of voters and training of election officials.
3. Additional
remuneration may be paid to voting members of an election commission for the
service in the election commission during the period of preparation and conduct
of the election of deputies of State Duma. A voting member of an election
commission relieved from his main job for this period upon the request of the
election commission shall retain his main job (position) and shall be paid
compensation for the period during which he was relieved from the main job. The
compensation and additional labor remuneration shall be paid from and within
the limits of the funds allocated from the federal budget for preparation and
conduct of the election of deputies of the State Duma, in the amount and
according to the procedure established by the Central Election Commission of
the Russian Federation.
4. Labor
remuneration of voting members of an election commission working on a permanent
(staff) basis and of members of administration of an election commission shall
be paid within the limits of funds allocated from the federal budget for
preparation and conduct of the election of deputies of the State Duma, in the
amount and according to the procedure established by the Central Election
Commission of the Russian Federation.
5. Not later
than in 10 days after the voting day, the precinct election commission shall
submit to the territorial election commission a report on the receipt and
expenditure of federal budget funds allocated to the given precinct election
commission for preparation and conduct of the election of deputies of the State
Duma. Not later than in 20 days after the voting day, the territorial election
commission shall submit to the election commission of the subject of the
Russian Federation a report on the receipt and expenditure of federal budget
funds allocated to the given territorial election commission for preparation
and conduct of the election of deputies of the State Duma.
6. Not later
than in 50 days after the day of the official publication of the results of the
election of deputies of the State Duma, the election commission of the subject
of the Russian Federation shall submit to the Central Election Commission of
the Russian Federation a report on the receipt and expenditure of federal
budget funds allocated to the election commission of the subject of the Russian
Federation for preparation and conduct of the election of deputies of the State
Duma and, if the regional branches of political parties formed electoral funds,
also the information on the sums received to and spent out of these funds.
7. Not later
than in three months after the day of the official publication of the results of
the election of deputies of the State Duma, the Central Election Commission of
the Russian Federation shall submit to the Chambers of the Federal Assembly of
the Russian Federation a report on the expenditure of federal budget funds
allocated for preparation and conduct of the election of deputies of the State
Duma and the information on the sums received to and spent out of the electoral
funds. This report and this information shall be published by the Central
Election Commission of the Russian Federation in its official bulletin and
shall be made available to the other mass media for publication within one
month of their submission to the Chambers of the Federal Assembly of the
Russian Federation.
Article 71.Supervisory-Auditing Services of Election Commissions
1.
Supervisory-auditing services shall be organized under the Central Election
Commission of the Russian Federation and the election commissions of the
subjects of the Russian Federation to exercise control over the proper use of
the funds allocated from the federal budget for preparation and conduct of the
election of deputies of the State Duma; monitor the sources of contributions to
the electoral funds; make arrangements for keeping records of the resources of
these funds and their use; audit the financial reports of the political parties
that nominated federal lists of candidates, and their regional branches that
formed electoral funds; make arrangements for verifying the information
presented by candidates on their income and property and the sources of this
income.
2. The
supervisory-auditing service shall be formed with the involvement of
specialists (including executives) of state bodies, other bodies and
organizations, including the Central Bank of the Russian Federation, the
Savings Bank of the Russian Federation, the regional branches (national banks)
of the Central Bank of the Russian Federation in the subjects of the Russian
Federation. Upon the request of the relevant election commission these bodies
shall, not later than in a month after the day of the official publication of
the decision to call the election of deputies of the State Duma, assign
specialists to the election commissions for a period of not less than five
months.
3. For the
period of their work in the supervisory-auditing service the specialists
mentioned in Clause 2 of this Article shall be relieved from their main job but
shall keep this job (position) and continue to receive the salary and other
allowances at the place of their main employment. These specialists may also be
paid remuneration from the funds allocated from the state budget for
preparation and conduct of the election of deputies of the State Duma.
4. The
regulation on the supervisory-auditing service shall be approved by the
relevant election commission. The organizational, legal and logistical support
of the supervisory-auditing service shall be provided by the election
commission.
5. During the
conduct of the election of deputies of the State Duma the supervisory-auditing
service, acting upon the request of the election commission, shall:
1) audit financial reports of the political parties, their
regional branches that formed electoral funds, subordinate election
commissions;
2) organize
verification of the information submitted by candidates on their property,
income and its sources, monetary deposits, securities, including shares of
stock, and other forms of participation of candidates in the capital of
commercial organizations, the property located outside the territory of the
Russian Federation, including such property under trust management;
3) monitor compliance of the political parties, their regional
branches with the procedure of funding election campaigning and other
activities directly related to the elections;
4) request and receive information from political parties,
their regional branches and also from election commissions concerning all
matters within the scope of its competence;
5) make applications to the federal bodies of executive power,
other state bodies, organizations of all forms of ownership and to citizens on
the issues within the scope of its competence; request the necessary
information and documents related to the financial support of the elections.
Responses to the applications of the supervisory-auditing service and the
requested documents shall be provided within ten days or, in five and less days
before the voting day and on the voting day - immediately;
6) prepare
documents recording violations of election funding;
7) request the relevant election commission to administer the political
parties, their regional branches as well as citizens and legal entities for
violations of funding the election campaign;
8) engage experts in auditing and in preparation of auditors’
reports and expert assessments.
6. When
exercising its powers the supervisory-auditing service may use GAS “Vybory”.
Chapter 10. VOTING
Article 72. Polling Station
1. The polling station shall be provided to precinct election commission at no
charge by the head of the local administration of the municipal formation and,
in cases provided by this Federal Law, by the commander of a military unit,
ship captain, head of a polar station, head of a
diplomatic or consular mission of the Russian Federation.
2. The polling station shall have a hall with booths or other places specially
fitted out for secret voting, provided with a lighting system and writing
utensils (other than pencils).
3. Inside or directly in front of the polling station the precinct election
commission shall set up a bulletin board (bulletin boards) for displaying the
following information about all federal lists of candidates and the political
parties that nominated them:
1) the name of the political party;
2) ceased to be in force. – The Federal Law of
February 9, 2009, No.3-FZ;
3) information from the financial reports of political
parties and information on the results of these reports auditing, within the
scope established by the Central Election Commission of the Russian Federation;
(Clause 3 as
amended by the Federal Law of April 26, 2007, No.64-FZ)
4) biographical data of registered candidates included in the all-federal parts
of federal lists of candidates and in the regional groups of candidates, in the
scope established by the Central Election Commission of the Russian Federation
but not less detailed than the data established for the publication of
registered federal lists of candidates;
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
5) information
on the income and property of registered candidates included in the all-federal
parts of federal lists of candidates and in the regional groups of candidates,
in the scope established by the Central Election Commission of the Russian
Federation;
6) information, if any, on the inaccuracy of the data presented by candidates
in accordance with Clause 4, Article 38 of this Federal Law.
4. If a registered candidate has a record of conviction that has not been
withdrawn or spent, this fact shall be indicated in the information materials
posted on the bulletin board;
5. Withdrawn. - The Federal Law of July 25, 2006, No.128-FZ.
6. The bulletin board shall display samples of marked ballots which must not
contain names of registered candidates put in the ballot, names of political
parties that nominated federal lists of candidates.
7. In the information materials the information on the political parties and
registered candidates put in the ballot shall be arranged in the same order as
was determined when the form and the text of the ballot were approved.
8. The bulletin board shall display excerpts from the criminal legislation of
the Russian Federation and Russian Federation laws on administrative offence
establishing responsibility for the violation of the election legislation of
the Russian Federation.
9. The materials posted on the bulletin board shall be free from any election
campaigning. These materials shall be posted so that voters could easily read
them.
9.1. In order to
inform visually impaired citizens, bulletin boards shall provide materials
indicated in Clauses 3, 4 and 8 of this Article in large fonts and (or) with
the use of Braille alphabet. Election precincts that shall have bulletin boards
with such materials are determined by the decision of the election commission
of the Russian Federation.
(Clause 9.1.
introduced by the Federal Law of June 14, 2011, No.143-FZ)
10. At the
polling station there shall be federal lists of candidates registered by the
Central Election Commission of the Russian Federation.
11. An enlarged
form of the protocol of voting results of the precinct election commission
shall be provided at the polling station to record voting results in the course
of their establishments. The enlarged form of the protocol shall be posted
before the commencement of voting so that it is within the field of vision of
members of the precinct election commission, observers, at a distance at which
they can read the information contained therein. The enlarged form of the
protocol shall not substitute the protocol of voting results of the precinct
election commission and the data entered therein shall have no legal
significance.
12. Inside the
polling station there shall be stationary ballot boxes. The functions of
stationary ballot boxes may be performed by vote-counting machines, including
program-technical complexes for the processing of ballots. Voting may also be
conducted by the use of e-voting systems. Vote-counting machines, e-voting
systems shall be used in accordance with the procedure 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," as
prescribed by the instructions approved by the Central Election Commission of
the Russian Federation.
13. The polling
station shall be fitted out so that the places where ballots are handed out,
the ballot booths, other places specially fitted out for secret voting and
stationary ballot boxes are all located within the field of vision of members
of the precinct election commission and observers.
Article 73. Ballot
1. The rules for
the production and delivery of ballots and the rules for controlling their
production and delivery shall be approved by the Central Election Commission of
the Russian Federation not later than in 45 days before the voting day. The
quantity of ballots shall not exceed the number of registered voters by more
than 1.5 percent
2. To prevent
forgery of ballots they shall be printed on paper with water marks or paper
with printed micro-inscriptions and protective grid, or a special mark (stamp)
shall be used for this purpose. The rules for the production
and use of special marks (stamps), their quantity and the requirements to the
delivery of the special marks (stamps) from superior to subordinate election
commissions shall be approved by the Central Election Commission of the Russian
Federation not later than in 60 days before the voting day.
2.1. In order to
help visually impaired voters, by the decision of corresponding election
commission special stencils shall be made for independent filling in of ballots
including with the use of Braille alphabet. Election precincts that have such
stencils prepared are determined by the decisions of election commission of the
subject of the Russian Federation.
(Clause 2.1.
introduced by the Federal Law of June 14, 2011, No.143-FZ)
3. The form of
the ballot and its text in the Russian language shall be approved by the Central
Election Commission of the Russian Federation not later than in 24 days before
the voting day. The text of the ballot shall be printed on only one side
thereof.
4. The ballot
shall contain the names of the political parties that registered federal lists
of candidates, arranged in the order determined by the draw, and their emblems
(if the emblems were submitted to the Central Election Commission of the
Russian Federation in accordance with Clause 3, Article 34 of this Federal Law)
printed in black and white. The draw shall be organized by the Central Election
Commission of the Russian Federation with participation of authorized
representatives of political parties not later than in 30 days before the
voting day. The number drawn by the political party shall be retained by it
until the end of the election campaign. Placed under the name of the political
party shall be surname, first name and patronymic of candidates included in the
all-federal part of a federal list of candidates nominated by this political
party. If a regional group of candidates corresponds to one subject of the
Russian Federation, including a subject comprised in a group of subjects of the
Russian Federation, or to a part of its territory, a ballot for this subject of
the Russian Federation, this part of its territory shall, after the
aforementioned information, indicate the number of the regional group of
candidates and the information as to what subject of the Russian Federation,
what group of the subjects of the Russian Federation (with the indication of
the list of the subjects of the Russian Federation), what part of the territory
of the subject of the Russian Federation or what group of parts of the
territory of the subject of the Russian Federation (with the indication of the
list of the parts of the territory of the subject of the Russian Federation)
the given regional group of candidates corresponds to as well as the surname,
first name and patronymic of the top three candidates included in this regional
group of candidates. If a federal list of candidates has no all-federal part,
under the name of the political party the ballot shall indicate the number of
the regional group of candidates and the information as to what subject of the
Russian Federation, what group of the subjects of the Russian Federation (with
the indication of the list of the subjects of the Russian Federation), what
part of the territory of the subject of the Russian Federation or what group of
parts of the territory of the subject of the Russian Federation (with the
indication of the list of the parts of the territory of the subject of the
Russian Federation) the given regional group of candidates corresponds to as
well as the surname, first name and patronymic of the top three candidates
included in this regional group of candidates. If the political party adopts a
decision mentioned in Clause 9.1, Article 36 of this Federal Law, under the
name of the political party the ballot for voting outside the territory of the
Russian Federation shall indicate the surname, first name and patronymic of the
candidates included in the all-federal part of a federal list of candidates
nominated by the given political party (if such part is present), the number of
the regional group of candidates and the information as to what subject of the
Russian Federation, what group of subjects of the Russian Federation (with the
indication of the list of the subjects of the Russian Federation), what part of
the territory of the subject of the Russian Federation or what group of parts
of the territory of the subject of the Russian Federation (with the indication
of the list of the parts of the territory of the subject of the Russian
Federation) the given regional group of candidates corresponds to as well as
the surname, first name and patronymic of the top three candidates included in
this regional group of candidates.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ,
of July 21, 2007, No.188-FZ)
5. A blank box
shall be placed to the right of the name of each political party.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
6. If a
registered candidate whose surname, first name and patronymic is indicated in
the ballot has a record of conviction that has not been withdrawn or spent, the
ballot shall indicate the information on the candidate's record of conviction.
This information shall be indicated on the basis of the appropriate documents
submitted to the Central Election Commission of the Russian Federation before
approval of the text of the ballot.
(Clause 6 as
amended by the Federal Law of July 25, 2006, No.128-FZ)
7. The ballot
shall contain filling instructions.
8. Ballots shall
be printed in Russian language. By a decision of the election commission of the
subject of the Russian Federation ballots shall be also printed in the official
language of the given republic comprised in the Russian Federation and, in the
necessary cases, in the languages of the peoples of the Russian Federation in
the territories on their compact settlement. If ballots for the election precinct
are printed in two or more languages, the text in all these languages shall be
printed on each ballot. In this case the text of the ballot shall be approved
by the election commission of the subject of the Russian Federation not later
than in 22 days before the voting day.
9. The quantity
of ballots shall be determined by a decision of the Central Election Commission
of the Russian Federation not later than in 24 days before the voting day.
Ballots shall be produced in two stages:
1) to provide for early voting, voting in election precincts
formed in hard-to-reach and remote areas and voting in election precincts
formed outside the territory of the Russian Federation - not later than in 20
days before the voting day. To provide for early voting and voting in election
precincts formed in hard-to-reach and remote areas ballots shall be produced by
a decision of the election commissions of the relevant subjects of the Russian
Federation in a quantity determined by them within the quantity of ballots
determined for the given subjects of the Russian Federation by a decision of
the Central Election Commission of the Russian Federation; ballots for voting
in election precincts formed outside the territory of the Russian Federation
shall be produced by a decision of the Central Election Commission of the
Russian Federation in the quantity determined by it ;
2) to provide
for voting on the voting day - not later than in 10 days before the voting day
by a decision of the election commissions of the subjects of the Russian
Federation, in a quantity determined by a decision of the Central Election
Commission of the Russian Federation for the subjects of the Russian Federation
minus the quantity of ballots produced earlier for early voting, voting in
election precincts formed in hard-to-reach and remote areas.
10. The ballots
produced by a printing organization shall be handed over, on the basis of a
certificate, to the members of an election commission that placed an order for
their production. The certificate shall indicate the date and time when it was
executed and the quantity of the ballots transferred. After the ballots packed
in bundles are handed over in the quantity corresponding to the order, the
personnel of the printing organization shall destroy surplus ballots (if any)
and shall execute a certificate to this effect. At least two days before the
receipt of the ballots from the printing organization the election commission
that placed the order for their production shall decide when and where ballots
are to be handed over to the members of this election commission and surplus
ballots are to be destroyed. Any member of this election commission, any
representative of the political party may put their signatures on the
certificates mentioned in this Clause.
11. The delivery
of ballots to the territorial election commission shall be carried out within
the time determined by the Central Election Commission of the Russian
Federation. In accordance with their decision on the distribution of ballots
among territorial election commissions superior election commissions shall
deliver to territorial election commissions the entire circulation of ballots
which they receive from the printing organization.
12. On the basis
of the decision of the territorial election commission on the distribution of
ballots precinct election commission shall receive ballots from the territorial
election commission not later than in one day before the voting day (day of
early voting). For each election precinct the quantity of ballots shall not exceed
by more than 0.5 percent (but by not less than two ballots) the number of
voters registered in the given election precinct and shall not be less than 70
percent of the number of voters included in the voters’ list for the given
election precinct as of the day of the delivery of ballots. For an election
precinct where a large number of voters are expected to vote on the basis of
absentee certificates the quantity of ballots may be increased by the decision
of the election commission of the subject of the Russian Federation. When being
delivered to precinct election commissions ballots shall be counted and
defective ballots shall be discarded. Discarded ballots (if any) shall be
destroyed by the members of the territorial election commission and a certificate
shall be executed to this effect.
13. A
certificate shall be executed in duplicate to confirm the delivery of ballots
from superior to subordinate election commission. This certificate shall
indicate the date and time of its execution, the quantity of the delivered
ballots. The delivery of ballots from superior to subordinate election
commission may be witnessed by members of these election commissions,
representatives of political parties whose names are put in the ballot. The
relevant election commission shall notify all members of this election
commission and representatives of these political parties of the time and place
when and where the ballots are to be delivered and shall allow not less than
one representative of each political party to witness such delivery. Each of
the aforementioned persons may sign the certificate to be executed to confirm
the delivery.
14. The
responsibility for the delivery and safe storage of ballots shall be imposed on
the chairmen of election commissions which deliver, accept and keep the
ballots.
15. Precinct
election commissions formed outside the territory of the Russian Federation or
territorial election commissions formed in accordance with Clause 3, Article 20
of this Federal Law may be supplied with ballots directly by an election
commission that placed an order for ballots, in accordance with a procedure
established by the Central Election Commission of the Russian Federation, in a
quantity determined on the basis of the registration data of voters, referendum
participants.
16. In
exceptional cases, in election precincts formed in remote and hard-to-reach
areas, on ships at sea on the voting day, at polar stations, in election
precincts formed outside the territory of the Russian Federation the documents
used in preparation and conduct of the election of deputies of the State Duma,
including ballots, may be produced by the precinct election commission itself
if appropriate technical facilities are available. A decision to produce such
documents, indicating the required quantity of ballots and the deadline for
their production, shall be taken by this precinct election commission in
coordination with the relevant territorial election commission or the Central
Election Commission of the Russian Federation.
17. Signatures
of two voting members of the precinct election commission certified by the
commission's seal shall be put at the upper right corner on the face of all
ballots received by the precinct election commission. The ballots which are not
certified in this manner shall be treated as ballots of improper form and shall
not be reckoned in when votes are counted.
18. In the event
that any registered candidates, whose surname, first name and patronymic are
indicated in the ballot, withdraw from the election or if the registration of
any federal list of candidates is cancelled or annulled after ballots have been
produced, territorial and precinct election commissions shall, on the
instruction of the Central Election Commission of the Russian Federation, cross
out in the ballots the data of these candidates, political parties that
nominated these federal lists of candidates. If changes are to be made in the
data of the political party in printed ballots, then, subject to a decision of
the Central Election Commission of the Russian Federation, such changes may be
made by members of the territorial or precinct election commission by hand or
with the use of technical facilities.
19. Should a
federal list of candidates be registered less than in 10 days before the voting
day, the Central Election Commission of the Russian Federation may resolve that
the data of the political party that registered this federal list of
candidates, the data of regional groups of candidates, registered candidates,
which is required under this article, be entered in printed ballots by hand or
with the use of technical facilities.
20. On the
voting day, after the voting time ends, the territorial election commission
shall count and cancel unused ballots and shall execute a certificate to this
effect. The persons indicated in Clause 5, Article 29 of this Federal Law may
be present when ballots are being cancelled. Cancelled ballots shall be sealed
and kept together with the other documents of this election commission by the
secretary of the election commission.
Article 74. Absentee Certificate
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
1. An absentee
certificate shall be a document subject to strict accountability. An absentee
certificate is produced in accordance with Annex 2 to the Federal Law “On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum”. The text
of absentee certificate and their quantity, the form of the register of issued
absentee certificates shall be approved not later than in 60 days before the
voting day by the Central Election Commission of the Russian Federation that
also determines the means of protection of absentee certificates from being
counterfeited when produced.
2. In order to protect
absentee certificates from being counterfeited when produced a special paper
with water marks and (or) micro prints and (or) protective grid and (or)
special protection elements shall be used.
3. The Central
Election Commission of the Russian Federation places an order to produce
absentee certificates by its decision.
4. Transfer of
absentee certificates by superior election commission to subordinate election
commissions is carried out by the decision of superior election commission on
distribution of absentee certificates between subordinate election commissions
and in the procedure determined for delivery of absentee certificates. Chairmen
of election commissions in charge of delivery, receipt and storage of absentee
certificates are responsible for transfer and safety storage of absentee
certificates.
5. A voter
unable, on the voting day, to come to the polling station of an election
precinct where he is included in the voters’ list may receive an absentee
certificate from the respective territorial election commission (in 45 - 25
days before the voting day) or the precinct commission (in 19 and less days
before the voting day) and take part in the voting at the election precinct
where he will be staying on the voting day.
6. Based on 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 representative provided
with a notarized power of attorney. A power of attorney may also be certified
by the administration of a hospital (if a voter is undergoing medical treatment
at this hospital), by the administration of an institution where persons
suspected or accused of commission of a crime are held in custody (if a voter
is held in this institution as a person suspected or accused of commission of a
crime).
7. The chairman,
deputy chairman, secretary or other voting member of the election commission in
charge of issuing of an absentee certificate in to a voter shall enter the
surname, name and patronymic of the voter, series and number of his passport or
equivalent identity document of a citizen, number of election precinct where
the voter is included into voter’s list, address of precinct election
commission, name of municipal formation and the subject of the Russian
Federation in the territory of which such election precinct is formed, name of
election commission that issued an absentee certificate, and also state his
last name, name and patronymic, date of issue of absentee certificate, sign and
put the seal of the corresponding election commission.
8. The
territorial election commission shall issue absentee certificates to voters or
to his representative on the basis of the information on voters submitted to
the territorial election commission in accordance with Clause 8, Article 15 of
this Federal Law. The territorial election commission shall keep a register of
issued absentee certificates indicating the surname, first name and patronymic
of the voter, year of birth (for voters 18 years old - also the day and month
of birth), residential address. Chairman, deputy chairman, secretary or other
voting member of territorial election commission that issued an absentee
certificate to a voter, in appropriate boxes of the register of absentee
certificates handed in, states the number of handed in absentee certificate and
signs it.
9. In twenty
days before the voting day, together with the first copy of the voter list the
territorial election commission shall provide precinct election commissions
with certified excerpts from the register of issued absentee certificates,
indicating the data on voters registered in the territory of these election
precincts, who received absentee certificates. Based on such excerpts precinct
election commissions shall make appropriate notes in “Special notes” section of
the voters’ list: “Received in territorial election commission an absentee
certificate No.” with indicating the number of issued absentee certificate and
sign it.
10. When a voter
receives an absentee certificate in precinct election commission, a chairman,
deputy chairman, secretary or other voting member of precinct election
commission who issued an absentee certificate, shall make appropriate notes in
“Special notes” section of the voters’ list: “Received an absentee certificate
No.” with indicating the number of issued absentee certificate and sign it.
11. When a voter
receives an absentee certificate, he shall indicate in appropriate sections of
the register of issued absentee certificates (in territorial election
commission) or voters’ list (in precinct election commission) the series and
number of his passport or equivalent identity document of a citizen, and sign
it. If an absentee certificate is issued on the basis of the power of attorney
to voter’s representative, such representative shall indicate in appropriate
sections of the register of issued absentee certificates or in voters’ list the
series and number of passport of a voter or equivalent identity document of a citizen,
as well as such representative’s surname, name and patronymic, series and
number of passport or equivalent identity document of a citizen, and sign it.
Upon receipt of an absentee certificate such power of attorney shall be
suppressed and attached respectively to the register of issued absentee
certificated or voters’ list.
12. A voter who
received an absentee certificate (including through his representative on the
basis of the power of attorney) shall be removed from the voters’ list by
precinct election commission at corresponding election precinct in given
election of deputies of the State Duma and shall not be accounted during
counting of number of registered voters and preparation of a protocol on voting
results by precinct election commission.
13. Repeated
issue of absentee certificate is not allowed. In case an absentee certificate
is lost, its copy shall not be issued.
14. Upon
presentation of an absentee certificate on the voting day a voter is included
in voters’ list at the election precinct in the territory of which he stays on
the voting day. Precinct election commission shall make an appropriate note in
“Special note” section: “Voted by absentee certificate No.” with indicating the
number of absentee certificate presented by voter. After that an absentee
certificate is suppressed. Absentee certificates on the basis of which voters
are included in voters’ list are kept together with the given voters’ list.
15. In case of lost of absentee certificate blank election commission that
established the fact of such loss shall immediately file a corresponding act
and take a decision with indicating the number of lost blank of absentee
certificate, the fact of loss and the reason of loss. This decision shall on
the same day be communicated to superior election commission and the Central
Election Commission of the Russian Federation. On the basis of this decision
the Central Election Commission of the Russian Federation recognizes this
absentee certificate invalid and informs all subordinate election commissions
to this effect. Invalid absentee certificate shall not constitute the reason
for inclusion of voter into a voters’ list. Upon presentation of such absentee
certificate by a voter, it shall be suppressed.
16. On the
voting day before the voting commences, unused absentee certificates shall be
cancelled. Information on cancellation of unused absentee certificates with
indication of their quantity and numbers shall be entered by corresponding
commission into an act in the form established by the Central Election
Commission of the Russian Federation.
17. Transfer of
absentee certificates by election commissions and account of absentee
certificates including with the use of GAS “Vybory”
is carried out in the manner established by the Central Election Commission of
the Russian Federation in accordance with Clause 16, Article 62 of the Federal
Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum”.
Article 75. Voting Procedure
1. Voting shall
be conducted from 8:00 to 20:00, local time. If the working hours of voters
residing in the territory of an election precinct coincide with the voting time
(enterprises with a continuous operating cycle, work on a rotational basis),
the election commission of the subject of the Russian Federation may put
forward the commencement of voting in this election precinct, but by no more
than two hours.
2. Territorial
and precinct election commissions shall inform voters on the time and place of
voting not later than in 20 days before the voting day through the mass media
or by other methods and, when early voting is to be conducted in accordance
with Article 76 of this Federal Law, not later than in five days before the day
of early voting.
3. In election
precincts, formed in military units, in hard-to-reach and remote areas, on
ships at sea on the voting day, at polar stations the precinct election
commission may declare voting to be completed ahead of the time specified in
Clause 1 of this Article if all voters on the voters’ list have voted.
4. On the voting
day, before commencement of voting, the chairman of the precinct election
commission shall declare the polling station open and shall invite the members
of the precinct election commission, voters and persons indicated in Clause 5,
Article 29 of this Federal Law, who are present at the polling station, to
examine empty stationary and mobile ballot boxes. Then the ballot boxes shall
be sealed by the seal of the precinct election commission. The chairman of the
precinct election commission shall also show to the said persons sealed mobile
ballot boxes containing ballots marked in accordance with Clauses 2-9, Article
76 of this Federal Law by early voters (if any).
5. Voting
members of the precinct election commission shall receive ballots from the
chairman of the precinct election commission for issuance to voters and shall
sign for their receipt. After that the chairman of the precinct election
commission shall invite voters to start voting.
6. Ballots shall
be issued to voters included in the voters’ list upon production of the
passport or an equivalent identity document and also an absentee certificate,
if a voter votes on the basis of an absentee certificate. Each voter may
receive one ballot. Before issuing a ballot to a voter a member of the precinct
election commission shall make sure that the voter has not voted early, no
written or oral application of the voter for voting outside the polling station
has been recorded in the register mentioned in Clause 2, Article 77 of this
Federal Law, no members of the election commission have been sent to the voter
to conduct voting outside the polling station.
7. When
receiving a ballot, the voter shall write the series and number of his passport
or an equivalent identity document in the voters’ list. With the consent or
upon the request of the voter this data may be written in the voter list by a
voting member of the precinct election commission. Subject to an appropriate
decision of the Central Election Commission of the Russian Federation the
series and number of the passport or an equivalent identity document may be
entered in the voters’ list with the use of GAS “Vybory”
during preparation of the voters’ list. In this case, the voting member of the
precinct election commission who issues a ballot shall compare such data with
the data of the document produced by the voter. The voter shall check the
correctness of the entry and shall sign for receipt of a ballot. The member of
the election commission who issued a ballot shall also put his signature in the
corresponding column of the voters’ list. If a voter votes on the basis of an
absentee certificate, a corresponding note shall be made in the voters’ list.
8. A voter shall
vote by putting any mark in the box corresponding to the federal list of
candidates chosen by the voter.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
9. Each voter
shall vote in person. Voting for other voters shall not be allowed. Ballots
shall be marked in a booth or some other place specially fitted out for secret
voting, where the presence of other persons shall not be allowed, save as
otherwise provided by Clause 10 of this Article.
10. A voter who
is not able to sign for receipt of a ballot or mark the ballot by himself or
participate in electronic voting may be assisted by another person who is not a
member of the election commission, a registered candidate, an attorney or an
authorized representative of the political party, including an authorized
representative for financial matters, an authorized representative of the
regional branch of the political party for financial issues, an observer, a
foreign (international) observer. Such voter shall orally inform the election
commission on his intention to ask another person to assist him. In this case,
surname, first name and patronymic, series and number of the passport or an
equivalent identity document of the person assisting such voter shall be
entered in the appropriate column (columns) of the voters’ list.
(as amended by the Federal Laws of April 26, 2007, No.64-FZ,
of June 14, 2011, No.143-FZ)
11. If a voter
thinks that he has made a mistake when marking the ballot, he may ask the
voting member of the precinct election commission who issued the ballot to give
him a new ballot in place of the spoilt one. The election commission member
shall issue a new ballot to the voter, note this fact in the voters’ list
against the name of this voter and sign the note. On the spoilt ballot the
voting member of the precinct election commission shall make a relevant note
and shall sign the note. This note shall also be signed by the secretary of the
precinct election commission, after which the ballot shall be immediately
cancelled.
12. The voter
shall drop the marked ballot into a sealed stationary ballot box.
13. The chairman
of the precinct election commission shall maintain order at the polling
station. Instructions of the chairman of the precinct election commission
issued within the scope of his competence shall be mandatory for all persons
present at the polling station. In the absence of the chairman of the precinct
election commission his functions shall be performed by the deputy chairman of
the precinct election commission, and, in the absence of the deputy chairman,
by the secretary or some other voting member of the given precinct election
commission authorized thereby.
14. Persons
indicated in Clause 5, Article 29 of this Federal Law may be present at the
polling station during the voting, when votes are being counted and when the
precinct election commission is preparing the protocol of voting results. Based
on the credentials of these persons the precinct election commission shall make
up a list of persons who observed the progress of voting and vote counting.
15. A member of
the precinct election commission shall be immediately barred from participation
in its work and an observer and other persons shall be removed from the polling
station if they commit a violation of the election legislation of the Russian
Federation. In such cases an appropriate reasoned decision shall be taken by
the precinct election commission or the superior election commission. The law
enforcement authorities shall enforce the decision and take steps to penalize
the barred member of the precinct election commission, removed observer and
other persons under the legislation of the Russian Federation.
16. Political
parties that registered federal lists of candidates, candidates, attorneys and
authorized representatives of political parties as well as the organizations,
which are founded, owned, possessed by members of managing bodies of these
organizations, other physical and legal entities acting upon the request or on
the instructions of the said persons and organizations shall not make any
arrangements for transportation of voters to polling stations.
Article 76. Early Voting
1. The election
commissions of the subjects of the Russian Federation may allow all voters in
one of or several election precincts in remote and hard-to-reach and remote areas,
on ships at sea on the voting day, at polar stations to vote early (but not
earlier than in 15 days before the voting day). The Central Election Commission
of the Russian Federation may allow all voters in one of or several election
precincts formed outside the territory of the Russian Federation to vote early
(but not earlier than in 15 days before voting day). In this case, early voting
shall be conducted in accordance with the procedure established by Article 75
of this Federal Law. Immediately after the end of early voting votes cast by
voters shall be counted and voting results shall be established in accordance
with the requirements set forth in Article 79 of this Federal Law.
2. If separate
groups of voters included in the voters’ list of the election precinct remain
at places which are far away from the polling station and are inaccessible or
hard to reach by any means of transport (in hard-to-reach and remote areas, at
polar stations and other similar locations) and, therefore, early voting cannot
be conducted in the whole election 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 in 15 days
before the voting day) in the course of several days, in accordance with the
procedure established by Clauses 3 - 9 of this Article. The Central Election
Commission of the Russian Federation may allow groups of voters residing
outside the territory of the Russian Federation to vote early (but not earlier
than in 15 days before the voting day) in the course of several days, in
accordance with the procedure established by Clauses 3-9 of this Article.
3. Early voting
mentioned in Clause 2 of this Article shall be conducted with the use of mobile
ballot boxes, the quantity of such boxes being determined by the relevant
precinct election commission. Before early voting starts, in the premises of
the precinct election commission empty mobile ballot boxes shall be shown to
the majority of the members of the precinct election commission and to the
persons mentioned in Clause 5, Article 29 of this Federal Law, and an
appropriate certificate shall be executed to record this fact. After that,
empty mobile ballot boxes shall be sealed (seals shall be affixed to the ballot
boxes).
4. Two voting
members of the precinct election commission shall put their signatures at the
upper right corner on the face of each ballot issued to an early voter and
their signatures shall be certified by the seal of the precinct election
commission.
5. Early voting
outside the polling station shall be conducted by not less than two voting
members of the precinct election commission. They shall be provided with a
mobile ballot box sealed beforehand in the precinct election commission; the
required number of ballots of a standard form; an excerpt from the voters’ list
containing the data on voters whom they are going to visit to conduct early
voting, or the voters’ list; the necessary writing utensils (except pencils)
for voters to mark ballots.
6. An early
voter shall sign for each ballot issued to him in the excerpt from the voters’
list or in the voters’ list. Members of the precinct election commission who
conduct early voting shall make a note in the said excerpt or said voters’ list
to indicate that the voter voted early and shall indicate the date and time of
voting. If a voter puts his signature in the excerpt from the voters’ list,
these notes as well as the series and number of the passport or an equivalent
identity document shall be entered in the voters’ list after the end of early
voting. 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 a mobile ballot box as provided by Article 75
of this Federal Law.
8. A certificate
shall be executed to record the fact of early voting, indicating the day and
time of voting, the number of voters who received ballots for participation in
early voting, the names of the election commission members and other persons
present at the voting. This certificate 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 the precinct election commission. Arrangements for safe storage
of mobile ballot boxes shall be made by the secretary of the precinct election
commission. Mobile ballot boxes shall not be opened till the beginning of vote
counting at the election precinct. Mobile ballot boxes containing ballots
dropped there by early voters shall not be used for voting on the voting day.
10. Early voting
may be witnessed by persons mentioned in Clause 5, Article 29 of this Federal
Law. When early voting is to be conducted with the use of mobile ballot boxes,
the precinct election commission shall make the same arrangements for at least
two persons from among non-voting members of the election commission, observers
appointed by different political parties to go to the place where early voting
is to be conducted as those made for the voting members of the precinct
election commission who are to conduct early voting.
11. Early voting
shall be conducted only at the time established by the decision of the relevant
precinct election commission. This time shall be made known to voters and
persons mentioned in Clause 5, Article 29 of this Federal Law through the mass
media or by other methods.
12. When
conducting early voting the precinct election commission shall ensure the
secrecy of voting, prevent any possibility of the expression of the voters'
will being distorted, make arrangements for safe storage of ballots and ensure
that the votes of voters are accounted during the establishment of voting
results.
Article 77. Voting Outside Polling Station
1. The precinct
election commission shall make proper arrangements to enable voters to vote if
they are entitled to be, or are included in the voters’ list in the given
election precinct but are unable to come to the polling station for valid
reasons (poor health, physical disability). The precinct election commission
shall also make voting arrangements for voters who are included in the voters’
list of the given election precinct but are kept in places of confinement of
persons suspected or accused of commission of crimes.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
2. Save as
otherwise provided by Article 76 of this Federal Law, voting outside the
polling station shall be conducted only on the voting day on the basis of a
written or oral application of a voter (which may be relayed through other
persons) for voting outside the polling station. Such application may be made
by a voter at any time after the formation of the precinct election commission
but not later than in four hours before the end of the voting time. The
precinct election commission shall record all received applications in a
special register and, after the end of voting, shall keep this register
together with the voters’ list. Application (oral application) that was submitted
later than at set time may not be granted, and a voter or a person assisted in
submission of application shall be notified orally of this directly at the
moment of receipt of application (oral application).
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
3. An entry in
the register mentioned in Clause 2 of this Article recording an oral
application shall indicate the time when the application was received; surname,
first name and patronymic of the voter who stated his intention to vote outside
the polling station; residential address of the voter. The entry shall be
signed by a member of the precinct election commission who received the
application (telephone call, message, etc.). If such application was relayed by
another person, the register shall also indicate surname, first name and
patronymic of this person and his residential address. When members of the
precinct election commission come to the voter, the voter shall confirm his
oral application by a written application.
4. A written or
oral application of a voter for voting outside the polling station must state
the reason why the voter is unable to come to the polling station. The
application shall contain his surname, first name and patronymic of the voter
and his residential address. The precinct election commission may, at its
meeting, decide that the reason why a voter is unable to come to the polling
station unaided is untenable and, on this basis, refuse to allow the voter to
vote outside the polling station. The election commission shall immediately
inform the voter of its decision to refuse such voting.
5. Chairman of
precinct election commission shall announce that members of precinct election
commission will conduct voting outside the polling station but not later than
in 30 minutes before they leave to start such voting, and offer voting members
of precinct election commission and observers to present at such voting.
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
6. The precinct
election commission shall have the necessary number of mobile ballot boxes to
conduct voting in accordance with this Article. The number of such boxes shall
be determined by a decision of the precinct election commission. Maximum
quantity of mobile ballot boxes for voting outside the polling station at one
election precinct depending on the number of voters registered in the territory
of election precinct amounts to:
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
1) less than 501 voters – 1 mobile ballot box;
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
2) from 501 to 1001 voters – 2 mobile ballot boxes;
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
3) over 1000 voters – 3 mobile ballot boxes.
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
6.1. By the
decision of territorial election commission, the quantity of mobile ballot
boxes for voting outside the polling station stated in paragraphs 1 and 2,
Clause 6 of this Article may be increased but by no more than 1 mobile ballot
box in presence of any of the following conditions:
1) election precinct includes territories of several
settlements and settlement where polling station is located is outside walking
distance to other settlements during the voting period;
2) absence of election precinct in the territory of election
precinct where voters stay temporarily;
3) over 50
voters over 80 years old and (or) disabled voters are registered in the
territory of election precinct, data on which are submitted in accordance with
Clause 16.1, Article 20 of the Federal Law “On Basic Guarantees of Electoral
Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum”;
4) when the
voting day in the election of deputies of the State Duma coincides with the
voting day in the election of deputies of legislative (representative) state
power body of the subject of the Russian Federation and (or) body of local
self-government, a voter may vote simultaneously using two ballots.
(clause 6.1. introduced by the Federal Law of July 25, 2011,
No.262-FZ)
7. Voting
members of the precinct election commission who conduct voting outside the
polling station shall receive ballots and sign for their receipt in the
register of ballots issued for voting outside the polling station. Total number
of received ballots may not exceed by more than 5 percent the number of
applications (oral applications) received by the moment of such voting (not
less than two ballots). Voting outside the polling station shall be conducted
by not less than two voting members of the precinct election commission, who
shall bring with them a mobile ballot box sealed beforehand in the precinct
election commission; the required number of ballots of the standard form; the
register mentioned in Clause 2 of this Article or a certified excerpt from the
register containing the necessary data on the voters and the information on the
received written and oral applications of voters for voting outside the polling
station; the written applications for voting outside the polling station; the
necessary writing utensils (except pencils) for voters to mark the ballots.
Voting outside the polling station may be conducted by one voting member of the
precinct election commission, provided that not less than two persons mentioned
in Clause 12 of this Article are present at the voting.
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
8. Voting
outside the polling station shall be conducted in accordance with the
provisions of Article 75 of this Federal Law.
9. On the
written application for voting outside the polling station a voter shall write
the series and number of his passport or an equivalent identity document and
shall sign for receipt of the ballot. With the consent or upon the request of
the voter this data may be written on the application by a voting member of the
precinct election commission. Voting members of the precinct election
commission shall confirm the issuance of a ballot by putting their signatures
on the written application of the voter. A corresponding note shall be made on
the application when a new ballot is issued in place of a spoilt one.
9.1. If a voter
due to his disability or health condition cannot independently sign for receipt
of a ballot or fill in a ballot, he may use the assistance of other voter in
the manner prescribed by Clause 10, Article 75 of this Federal Law.
(Clause 9.1.
introduced by the Federal Law of June 14, 2011, No.143-FZ)
10. The voting
members of the precinct election commission who conduct voting outside the
polling station may issue ballots only to those voters whose written or oral
applications were recorded in the register as provided by Clause 2 of this
Article.
11. The series
and number of the passport or an equivalent identity document of a voter who
voted outside the polling station shall be entered in the voters’ list by the
voting members of the precinct election commission who conducted voting outside
the polling station, on the basis of written or oral applications of voters. At
the same time, the note "Voted outside the polling station," signed
by the aforementioned commission members, shall be written in the appropriate
section of the voters’ list.
12. When voting
is conducted outside the polling station, non-voting members of the election
commission, observers may be present at the voting. In this case, the precinct
election commission shall make the same arrangements for at least two persons
from among non-voting members of the election commission, observers appointed
by different political parties to go to the place where the voting is to be
conducted as those made for the voting members of the precinct election
commission who are to conduct voting outside the polling station. Voting
outside the polling station shall be organized so as to prevent any violations
of electoral rights of citizens and distortion of the expression of voters’
will.
13. If a voter
who made a written or oral application for voting outside the polling station
comes to the polling station to vote after voting members of the precinct
election commission were sent to him to conduct voting outside the polling
station, none of the members of the precinct election commission may issue a
ballot to this voter at the polling station until the members of the precinct
election commission who were sent to conduct voting outside the polling station
in response to a written or oral application of this voter come back and it has
been established that the voter has not voted outside the polling station.
14. After the
end of voting conducted with the use of each mobile ballot box the precinct
election commission shall execute a certificate to record the number of ballots
issued to voting members of the precinct election commission who conducted
voting outside the polling station; the number of written and oral applications
of voters for voting outside the polling station; the number of ballots issued
to voters and returned ballots (ballots which were not used or were spoilt by
voters); the information on the voting members of the precinct election
commission who conducted voting outside the polling station and about
non-voting members of the precinct election commission and observers who were
present at the voting conducted outside the polling station.
Chapter 11. VOTE COUNTING. ESTABLISHMENT
OF VOTING RESULTS AND ELECTION RESULTS OF THE ELECTION OF DEPUTIES OF THE STATE
DUMA
Article 78. Protocol of Voting Results of Precinct Election
Commission
1. The precinct
election shall deliver its decision on voting results in the form of a protocol
of voting results for the given election precinct.
2. The protocol
of voting results of the precinct election commission shall be drawn up on one
sheet. In exceptional cases the protocol may consist of more sheets than one
and each sheet of such protocol shall be numbered, signed by all present voting
members of the precinct election commission and sealed with the commission's
seal. The protocol of voting results of the precinct election commission shall
contain the following:
1) copy No.;
2) name of the election, date of voting;
3) word "Protocol";
4) address of the polling station and the number of the
election precinct;
5) the following lines of the protocol:
a) line 1: number of voters entered in the voters’ list as of
the end of voting;
b) line 2: number of ballots received by the precinct election
commission;
c) line 3: number of ballots issued to early voters;
d) line 4: number of ballots issued by the precinct election
commission to voters at the polling station on the voting day;
e) line 5: number of ballots issued to voters who voted outside
the polling station on the voting day;
f) line 6: number of canceled ballots;
g) line 7: number of ballots in the mobile ballot boxes;
h) line 8: number of ballots in the stationary ballot boxes;
i) line 9: number of invalid
ballots;
j) line 10: number of valid ballots;
k) line 11: number of absentee certificates received by the
precinct election commission;
l) line 12: number of absentee certificates issued by the
precinct election commission at the polling station before the voting day;
m) line 13: number of voters who voted at election precinct on
the basis of absentee certificates;
n) line 14: number of cancelled unused absentee certificates;
o) line 15: number of absentee certificates issued to voters by
the territorial election commission;
p) line 16: number of lost absentee certificates;
q) line 17: number of lost ballots;
r) line 18: number of ballots unaccounted when received;
s) line 19 and
the lines which follow it which are used to enter the names of the political
parties that registered federal lists of candidates in the sequence of their
placement in the ballot and the number of votes cast for each federal list of
candidates;
(Clause 5 as
amended by the Federal Law of October 4, 2010, No.262-FZ)
6) information on the number of complaints (applications)
attached to the protocol, which were received by the precinct election
commission on the voting day and before the end of vote counting;
7) surnames and initials of the chairman, the deputy chairman,
the secretary and the other voting members of the election commission and their
signatures (if the protocol consists of more than one sheet – on each sheet of
the protocol);
8) date and time (hour and minutes) when the protocol was
signed (if the protocol consists of more than one sheet – on each sheet of the
protocol);
9) seal of precinct election commission (if the protocol
consists of more than one sheet – on each sheet of the protocol).
3. The numbers
mentioned in Clause 2 of this Article shall be entered by the precinct election
commission in digits and words.
Article 79. Counting of Votes and Preparation of Protocol of
Voting results by Precinct Election Commission
1. Vote counting
shall be open and transparent, with all results of the counting of ballots and
votes carried out by the voting members of the precinct election commission
being consecutively announced and entered in the enlarged form of the protocol
of voting results. The persons mentioned in Clause 5, Article 29 of this
Federal Law shall be allowed to be present at and observe vote counting.
2. After the
voting time expires, the chairman of the precinct election commission shall
announce that only those voters who are already inside the polling station may
receive ballots and vote. Counting of votes cast by voters shall begin
immediately after the voting time expires and shall be continued without
interruption until the voting results are established. The said voting results
shall be made known to all members of the precinct election commission and to
other persons mentioned in Clause 5, article 29 of this Federal Law.
3. After the end
of voting, the voting members of the precinct election commission in the
presence of the persons mentioned in Clause 5, Article 29 of this Federal Law
shall count unused ballots, cancel them by cutting off the lower left corner of
such ballots (care shall be taken to avoid damaging the boxes printed on the
ballots against the names of the political parties), announce the number of
cancelled ballots, obtained by summing up the number of unused ballots and the
number of ballots spoiled by voters in the course of voting, and enter the
number of cancelled ballots in line 6 of the protocol of voting results and in
the enlarged form of this protocol. After that the members of the precinct
election commission shall announce the number of unused absentee certificates
which is indicated in the document executed in accordance with Clause 16,
Article 74 of this Federal Law and enter this number in line 14 of the protocol
and its enlarged form. The cancelled ballots and absentee certificates may be
examined by the persons, mentioned in Clause 5, Article 29 of this Federal Law,
under the supervision of voting members of the precinct election commission.
(as amended by the Federal Laws of July 12, 2006, No.107-FZ,
of October 4, 2010, No.263-FZ)
4. The chairman,
the deputy chairman or the secretary of the precinct election commission shall
announce the number of ballots received by the precinct election commission and
enter this number in line 2 of the protocol of voting results of the precinct
election commission and its enlarged form and shall announce the number of
absentee certificates received by the precinct election commission and enter
this number in line 11 of the protocol and its enlarged form.
5. Before
starting to count votes the voting members of the precinct election commission
shall enter the following summary data in each page of the voter list related
to this page:
1) the number of voters included in the voters’ list as of the
end of voting (minus the voters who received absentee certificates from the
territorial election commission and the precinct election commission and voters
removed from the voters’ list for other reasons);
2) the number of ballots issued to voters at the polling
station on the voting day (as established on the basis of the number of voter
signatures in the voters’ list);
3) the number of ballots issued to voters who voted outside the
polling station (as established on the basis of the number of appropriate entries
in the voters’ list);
4) the number of early voters (as established on the basis of
the number of appropriate entries in the voters’ list);
5) the number of absentee certificates issued by the precinct
election commission at the election precinct before the voting day;
6) the number of voters who voted at the election precinct on
the basis of absentee certificates;
7) the number of absentee certificates issued to voters by the
territorial election commission.
6. After the
data mentioned in Clause 5 of this Article has been entered, each page of the
voters’ list shall be signed by the voting member of the precinct election
commission who entered this data and then this voting member of the precinct
election commission shall announce this data and make it known to the chairman,
the deputy chairman or the secretary of the precinct election commission and to
the persons present at vote counting. The chairman, the deputy chairman or the
secretary of the precinct election commission shall announce the summarized
data obtained by summing up the data established in accordance with Clause 5 of
this Article for all pages of the voters’ list, write this data on the last
page of the voters’ list and certify it with his signature and the seal of the
precinct election commission. The announced data shall be entered in the
corresponding lines of the protocol of voting results of the precinct election
commission and its enlarged form:
1) number of voters included in the voters’ list as of the end
of voting - in line 1;
2) number of ballots issued to early voters - in line 3;
3) number of ballots issued to voters at the polling station on
the voting day - in line 4;
4) number of ballots issued to voters who voted outside the
polling station on the voting day - in line 5;
5) number of absentee certificates issued by the precinct
election commission to voters of this election precinct before the voting day -
in line 12;
6) number of voters who voted at this election precinct on the
basis of absentee certificates - in line 13;
7) number of absentee certificates issued to voters by the
territorial election commission - in line 15.
6.1. Upon
exercising of activities stated in Clause 6 of this Article the following check
proportion is verified: the number of absentee certificates received by
precinct election commission shall be equal to the sum of number of absentee
certificates issued by precinct election commission to voters at election
precinct before the voting day and number of cancelled absentee certificated at
election precinct. If this check proportion is not satisfied, precinct election
commission takes decision on additional counting of data entered in voters’
list and cancelled absentee certificates. If as the result of additional
counting the check proportion is not satisfied either, precinct election
commission takes a corresponding decision that is attached to a protocol of
voting results and enters the data on the difference into line 16 of protocol
of voting results and its enlarged form. If the given check proportion is
satisfied, the line 16 contains “0”.
(Clause 6.1.
introduced by the Federal Law of October 4, 2010, No.263-FZ)
7. After the
performance of the actions set forth in Clause 6 and 6.1 of this article, the
voter list shall be made available for examination to the persons mentioned in
Clause 5, Article 29 of this The Federal Law, and the non-voting members of the
precinct election commission may make sure that the counting was carried out
correctly.
(as amended by the Federal Law of October 10, 2010,
№.203-FZ)
8. No further
work shall be carried out with the voters’ list until check proportion of data
entered in the protocol of precinct election commission of voting results is
verified in accordance with Clause 21 of this Article. In the meantime, the
voters’ list shall be kept in a safe or at some other place specially equipped
for safe storage of documents. The chairman or the secretary of the precinct
election commission shall make arrangements for the safe storage of the voters’
list so as to make it inaccessible to the persons present at the polling
station.
9. Vote counting
shall be carried out on the basis of ballots contained in the ballot boxes by
the voting members of the precinct election commission.
10. Non-voting
members of the precinct election commission, other persons mentioned in Clause
5, Article 29 of this Federal Law may be present when votes are being counted.
11. Votes shall
be counted at the polling station, in special places fitted out so as to be
accessible to the voting and non-voting members of the precinct election
commission. Voting members of the precinct election commission, with the
exception of the chairman, deputy chairman and the secretary of the precinct
election commission, shall be prohibited from using any writing utensils during
vote counting, save as otherwise provided by Clauses 13 and 16 of this Article.
All actions of members of the precinct election commission shall be in the
field of vision of the persons present at vote counting.
12. When sorting
out the ballots the precinct election commission shall separate ballots of
non-standard form, i.e., ballots which were not produced officially or are not
certified by the precinct election commission. Non-standard ballots shall not
be accounted when votes are counted. Such ballots shall be packed separately
and sealed.
13. First of
all, ballots shall be counted in the mobile ballot boxes: first in the boxes
containing ballots left by early voters, then in the boxes containing ballots
left by voters who voted outside the polling station on the 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, the integrity of the seals
on the boxes shall be checked and, upon the request of the chairman of the
precinct election commission, the integrity of the seals shall be confirmed by
the members of the precinct election commission and other persons present at
vote counting. Votes shall be counted so as to avoid violating the secrecy of
voting, with non-standard ballots being put apart. The number of standard
ballots taken out of the ballot boxes shall be announced and entered in line 7
of the protocol of voting results of the precinct election commission and its
enlarged form. If the number of standard ballots found in the mobile ballot box
exceeds the number of notes made in the voters’ list to indicate that the voter
voted early or the number of applications of voters marked to indicate receipt
of a ballot, all ballots in the given mobile ballot box shall be declared
invalid by the decision of the precinct election commission and this fact shall
be recorded in a separate certificate which shall be attached to the
corresponding protocol of voting results. This certificate shall indicate the
surnames and initials of the members of the precinct election commission who
conducted early voting or voting outside the polling station using this mobile
ballot box. The number of ballots thus invalidated shall be announced, entered
in the aforementioned certificate and subsequently added to the number of
invalid ballots found when the ballots were sorted out. The reason why the
ballot was invalidated shall be noted on the face of all such ballots, in the
boxes located against the names of political parties. The note shall be signed
by two voting members of the precinct election commission and certified by the
commission's seal. Such ballots shall be packed separately, sealed and shall
not be accounted during further vote counting.
14. Stationary
ballot boxes shall be opened after the integrity of their seals is checked.
15. The voting
members of the precinct election commission shall sort out the ballots taken
out of the mobile and stationary ballot boxes and put them into separate
bundles according to the votes cast for each federal list of candidates; at the
same time, they shall put apart non-standard 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 the ballots for
examination to all persons present at vote counting. The notes on two and more
ballots shall not be read aloud simultaneously.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
16. Invalid
ballots shall be counted and summed up separately. Ballots shall be pronounced
invalid if they do not contain any marks in the boxes against the names of the
political parties or if more boxes than one are marked in a ballot. If any
doubts arise with regard to the expression of a voter's will, the ballot shall
be put apart in a separate bundle and, after the ballots are sorted out, the
precinct election commission shall take a decision on the validity of each
doubtful ballot by voting. A note explaining the reasons why the ballot was
pronounced valid or invalid shall be made on the back of such ballots. This
note shall be certified by the signatures of not less than two voting members
of the precinct election commission and the commission's seal. The ballot
pronounced valid or invalid shall be put in the corresponding bundle of
ballots. The total number of invalid ballots (including the ballots invalidated
in accordance with Clause 13 of this Article) shall be announced and entered in
line 9 of the protocol of voting results of the precinct election commission
and its enlarged form.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
17. After that
the sorted out standard ballots shall be counted separately in each bundle,
according to the votes cast for each federal list of candidates. Ballots shall
be counted one by one so that the persons present at vote counting could see
the mark made by the voter on each ballot. Ballots from different bundles shall
not be counted simultaneously. The data thus obtained shall be announced and
entered in line 19 and subsequent lines of the protocol of voting results of
the precinct election commission and its enlarged form.
(as amended by the Federal Laws of July 12, 2006, No.107-FZ,
of October 4, 2010, No.263-FZ)
18. The voting
members of the precinct election commission shall determine the number of valid
ballots by summing up the data of line 19 and subsequent lines of the protocol
of voting results of the precinct election commission,
announce the number of valid ballots and enter this number in line 10 of the
protocol and its enlarged form.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
19. The voting
members of the precinct election commission shall determine the number of
standard ballots contained in the stationary ballot boxes, announce this number
and enter it in line 8 of the protocol of voting results of the precinct
election commission and its enlarged form.
20. After that,
observers, foreign (international) observers may examine the sorted out ballots
under the supervision of voting members of the precinct election commission,
and non-voting members of the commission may make sure that the counting was
carried out correctly.
21. After
non-voting members of the precinct election commission, observers, foreign
(international) observers examine the sorted out ballots, verification of check
proportion of data entered in the protocol of voting results of the precinct
election commission shall be carried out in accordance with Annex 3 to this
Federal Law, according to the procedure established by the Central Election
Commission of the Russian Federation. If this check proportion is not
satisfied, the precinct election commission shall decide to carry out
additional data calculation for all or some of the lines of the protocol,
including additional counting of ballots. If, after additional calculation of
the data in lines 2, 3, 4, 5 and 6 of the protocol the check proportion is not
satisfied either, the precinct election commission shall draw up a statement to
this effect to be attached to the protocol and shall enter the information
about the difference in the special lines of the protocol: line 17 “Number of
lost ballots“ and line 18 “Number of ballots
unaccounted when received.” If the number indicated in line 2 is larger than
the sum of the numbers indicated in lines 3, 4, 5 and 6, the difference between
the number indicated in line 2 and the sum of the numbers indicated in lines 3,
4, 5 and 6 shall be entered in line 17 and the digit “0” shall be put in line
18. If the sum of the numbers indicated in lines 3, 4, 5 and 6 is larger than
the number indicated in line 2, the difference between the sum of the numbers
indicated in lines 3, 4, 5 and 6 and the number indicated in line 2 shall be
entered in line 18 and the digit “0” shall be put in line 17. If changes have
to be made to the protocol on the basis of additional calculations, a new blank
form of the protocol shall be completed and appropriate alterations shall be
made in the enlarged form of the protocol. If the check proportion is satisfied,
the digit “0” shall be put in lines 17 and 18.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
22. After the
counting has been completed the ballots shall be packed in separate bundles
according to the votes cast for federal lists of candidates. Invalid and
cancelled ballots shall be packed in separate bundles. Each bundle of ballots
shall be marked to indicate the quantity of ballots in the bundle, the name of
the political party marked in the ballots or shall bear an inscription “Invalid
ballots.” The ballots packed as above as well as the ballots packed in
accordance with Clauses 12 and 13 of this Article, the packed absentee
certificates and the voters’ list shall be placed in bags or boxes which shall
be marked with the number of the election precinct, the total quantity of all
packed ballots, the total quantity of all packed absentee certificates. The
bags or boxes shall be sealed and may be opened only by a decision of superior
election commission or a court. Voting and non-voting members of the precinct
election commission, other persons indicated in Clause 5, Article 29 of this
Federal Law may sign these bags or boxes.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
23. After all
necessary actions and all counting and calculation operations are completed it
shall be mandatory for the precinct election commission to hold a final meeting
at which it shall consider complaints (applications) concerning violations of
this Federal Law committed during the voting and vote counting. Then the
precinct election commission shall sign its protocol of voting results and
issue copies of the protocol to persons mentioned in Clause 5, Article 29 of
this Federal Law. The protocol of voting results shall be prepared in duplicate
and shall be signed by all present voting members of the precinct election
commission, with the indication of the date and time (hours and minutes) when
the protocol was signed. If prepared with the use of technical vote counting
facilities or an e-voting complex the protocol shall become legally valid after
it is signed by the aforementioned persons. The protocol shall not be completed
with a pencil and no alterations shall be made therein. Signing of such
protocol in violation of these rules may constitute a ground for invalidation
of this protocol and for a vote recount.
24. If some
voting members of the precinct election commission were absent when the
protocol of voting results of the precinct election commission was prepared, a
note to this effect shall be made in the protocol indicating the reason for
their absence. The protocol shall be valid if it is signed by the majority of
the established number of the voting members of the precinct election
commission. If the signature of at least one voting member of the precinct
election commission under the protocol is put for this member by some other
commission member or by some other person, this shall constitute a ground for
invalidation of this protocol and for a vote recount.
25. At the
signing of the protocol of voting results of the precinct election commission
any voting member of the precinct election commission who does not agree with
the whole protocol or any part thereof may append his special opinion to the
protocol and this fact shall be noted in the protocol.
26. Upon the
request of any member of the precinct election commission or any person
mentioned in Clause 5, Article 29 of this Federal Law, immediately after
signing the protocol of voting results (including a repeat protocol) the
precinct election commission, shall provide these persons with certified copies
of the protocol. The provision of certified copies of the protocol shall be
recorded by the precinct election commission in a special register and the
person who receives a certified copy of the protocol shall sign for its receipt
in the register. The responsibility for completeness and accuracy of the data
contained in a copy of the protocol shall be imposed on the person who
certified this copy.
27. The first
copy of the protocol of voting results of the precinct election commission,
after it was signed by all present voting members of the precinct election
commission and its certified copies were provided to all persons entitled to
receive them, shall be, without delay, delivered to the relevant territorial
election commission and shall not be returned to the precinct election
commission. The precinct election commissions formed at election precincts
outside the territory of the Russian Federation shall deliver the first copy of
the protocol together with the attached documents directly to the Central
Election Commission of the Russian Federation or, if a territorial election
commission was formed in accordance with Clause 3, Article 20 of this Federal
Law – to this territorial election commission. The attached to the first copy
documents shall include special opinions of voting members of the precinct
election commission; the complaints (applications) concerning violations of
this Federal Law received by the precinct election commission on the voting day
and before the end of vote counting; the decisions taken by the precinct
election commission in connection with these complaints (applications);
certificates, statements and registers of the precinct election commission.
Certified copies of these documents and decisions of the precinct election
commission shall be attached to the second copy of the protocol. The first copy
of the protocol with the attached documents shall be delivered to the
territorial election commission by the chairman or the secretary of the
precinct election commission or some other voting member of the precinct
election commission designated by its chairman. Such delivery of the protocol
may be witnessed by other members of the precinct election commission and by
observers sent to the given precinct election commission. All electoral
documents of precinct election commissions formed in election precincts outside
the territory of the Russian Federation, including ballots but excluding the
first copy of the protocol of voting results of the precinct election
commissions and the attached documents submitted to superior election
commission, shall be held in safe storage by the diplomatic and consular
missions of the Russian Federation for not less than one year from the day of the
official publication of the results of the election of deputies of the State
Duma, after which they shall be disposed of on the basis of an appropriate
certificate, according to the procedure established by the Central Election
Commission of the Russian Federation.
28. The second
copy of the protocol of voting results of the precinct election commission
shall be made available for examination to the persons mentioned in Clause 5,
Article 29 of this Federal Law and its certified copy shall be displayed to the
general public at a place designated by the precinct election commission. The
second copy of the protocol together with the election documents stipulated by
this Federal Law, including the sealed ballots, the lists of non-voting members
of the precinct election commission and persons mentioned in Clause 5, Article
29 of this Federal Law who were present at the establishment of voting results
and preparation of the protocol, the voters’ list and the seal of the precinct
election commission shall be handed over for safe storage to the relevant
territorial election commission not later than in five days after the official
publication of the results of the election of deputies of the State Duma.
29. If
appropriate equipment is available, immediately after the members of the
precinct election commission of an election precinct formed in a hard-to-reach
or remote area, on a ship at sea on voting day, at a polar station or outside
the territory of the Russian Federation, sign the protocol of the voting
results the data of this protocol shall be transmitted via technical
communication channels to superior election commission. It shall be mandatory
that subsequently, at the earliest opportunity, the first copy of the protocol
and other election documents mentioned in Clause 27 of this Article be
submitted to superior election commission directly or through diplomatic and
consular missions of the Russian Federation.
30. The
procedure for using the technical system for transmission of information on the
election of deputies of the State Duma, the procedure for and periods of
transmission, processing and utilization of this information, including the
data of the protocols of voting results of precinct election commissions
transmitted over technical communication channels, shall be approved by the
Central Election Commission of the Russian Federation.
31. If, after
the protocol of voting results of the precinct election commission was signed
and its first copy was delivered to the territorial election commission, the
precinct election commission, which prepared the protocol, finds any inaccuracy
in protocol lines 1 - 18 (including a slip of the pen, misprint or an error in
data summation) or if such inaccuracy is found by the territorial election
commission in the course of the preliminary verification of the protocol, the
precinct election commission shall be obliged to call a meeting to consider the
question of making corrections in protocol lines 1 - 18. In its announcement
about this meeting to be made in accordance with Clause 2, Article 29 of this
Federal Law the precinct election commission shall state that it will consider
this matter at the meeting. It shall be mandatory for the precinct election
commission to make the decision of the meeting known to its non-voting members,
other persons who were present when the previously approved protocol or voting
results was prepared by the precinct election commission, as well as to members
of the press. In this case, the precinct election commission shall prepare a
protocol of voting results marked “Repeat.” This protocol shall be forthwith
delivered to the territorial election commission. The previous protocol of
voting results submitted by the precinct election commission to the territorial
election commission shall be attached to the corrected protocol. If any
corrections are to be made in line 19 and subsequent lines of the protocol, a
vote recount shall be carried out in accordance with the procedure set forth in
Clause 17, Article 80 of this Federal Law. The violation of this procedure for
preparation of a repeat protocol shall constitute a ground for invalidation of
this protocol.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
Article 80. Establishment of Voting results by Territorial
Election Commission
1. After the
preliminary verification of the protocols of voting results of precinct
election commissions the territorial election commission shall, not later than
on the third day after the voting day, establish the voting results for the
given territory by summing up all data contained in these protocols, including
such data transmitted over technical communication channels from the precinct
election commissions of the election precincts formed in hard-to-reach and
remote areas, on ships at sea on the voting day, at polar stations or outside
the territory of the Russian Federation. The data contained in the protocols of
voting results of precinct election commissions shall be summed up by the
voting members of the territorial election commission. This may be witnessed by
the persons mentioned in Clause 5 of Article 29 of this Federal Law.
2. The protocols
of precinct election commissions shall be accepted, the data of these protocol
shall be summed up and the protocol of voting results of the territorial election
commission shall be prepared in one room, so that all actions of members of the
territorial election commission when they accept the protocols of precinct
election commissions, sum up the data of these protocol and prepare the
protocol of voting results of the territorial election commission shall be
within the field of vision of members of the territorial election commission,
other persons mentioned in Clause 5, Article 29 of this Federal Law. There
shall be an enlarged form of the summary table of the territorial election
commission in this room, where the data of the protocols of voting results of
precinct election commissions shall be entered and the time of the entry
indicated immediately after the first copy of these protocols is delivered by the
chairman, the secretary or some other voting member of the precinct election
commission.
3. The chairman,
the secretary or some other voting member of the precinct election commission
shall hand in the first copy of the protocol of voting results of the precinct
election commission together with the attached documents to a voting member of
the territorial election commission, who shall check the correctness of the
protocol and that all required documents are ttached
to the protocol. If the territorial election commission has a set of automation
facilities of GAS “Vybory,” the data of the protocol
shall be immediately entered in GAS “Vybory” which
shall verify this data for compliance with check proportion. If any technical
errors made in the course of the entry of the protocol data are discovered
after the data was entered in GAS “Vybory,” the
corrective data shall be entered in GAS “Vybory” only
by a reasoned decision of the territorial election commission. If GAS “Vybory” is not used, compliance with check proportion shall
be verified by the member of the territorial election commission who checks
correct preparation of the protocol.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
4. If the
protocol of voting results of any precinct election commission does not meet
the requirements of this Federal Law to such protocol, this precinct election
commission shall be obliged to prepare a corrected (repeat) protocol in
accordance with the requirements of Clause 31, Article 79 of this Federal Law
and the initially submitted protocol shall be kept by the territorial election
commission.
5. If the
protocol of voting results of the precinct election commission meets the
requirements of this Federal Law to such protocol, a voting member of the
territorial election commission shall enter the data of this protocol in the
summary table of the territorial election commission. The chairman, the
secretary or some other voting member of the precinct election commission who
handed in the protocol to a member of the territorial election commission shall
sign the enlarged form of the summary table of the territorial election
commission under the data of the said protocol.
6. The election
commissions of the subjects of the Russian Federation shall post the data of
the protocols of voting results of the precinct election commissions on the
Internet as this data is entered in GAS “Vybory,” but
not later than in one day after the voting day (for the protocols marked
“Repeat” or "Vote Recount" - not later than in one day after the day
of preparation of the protocol). This data shall be kept on the Internet for
not less than one year after the day of the official publication of the results
of the election of deputies of the State Duma.
7. Based on the
voting results, the territorial election commission shall deliver its decision
on the voting results in the form of a protocol of voting results in which the
following data shall be entered:
1) number of precinct election commissions in the given
territory;
2) number of the protocols of voting results, received from the
precinct election commissions, on the basis of which the given protocol is
prepared;
3) number of election precincts where the voting results were
annulled and the total number of voters entered in the voters’ lists for these
election precincts as of the end of the voting time;
4) summary data for all lines of the protocol of voting results
of precinct election commissions established by Clause 2, Article 78 of this
The Federal Law.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
5) number of absentee certificates received by the territorial
election commission, number of absentee certificates issued to subordinate
precinct election commissions, number of unused absentee certificates,
cancelled by the territorial election commission, number of absentee
certificates lost in territorial election commission.
(Clause 5
introduced by the Federal Law of October 4, 2010, No.263-FZ)
8. Before the
protocol of voting results is signed it shall be mandatory for the territorial
election commission to hold a final meeting, at which it shall consider
complaints (applications) concerning violations of this Federal Law committed
in the course of voting, vote counting and establishment of voting results,
which were received by this commission. Then the territorial election
commission shall sign the protocol of voting results and provide certified
copies of the protocol to persons mentioned in Clause 5, Article 29 of this
Federal Law. The protocol of voting results of the territorial election
commission shall be prepared in duplicate and shall be signed by all present
voting members of the territorial election commission, with the indication of
the date and time (hours and minutes) when the protocol was signed. Signing of
the protocol in violation of these rules may constitute a ground for
invalidation of this protocol. Any voting member of the territorial election
commission who disagrees with the whole protocol or any part thereof may attach
his special opinion to the protocol and this fact shall be noted in the
protocol.
9. The following
documents shall be attached to each copy of the protocol of voting results of
the territorial election commission:
1) summary table of the territorial election commission, which
includes the complete data of all protocols of voting results received from
precinct election commissions;
2) documents
certifying the delivery of ballots by the territorial election commission to
precinct election commissions and cancellation of unused ballots kept in the
territorial election commission, with the indication of the quantity of such
ballots;
3) documents certifying issuance of absentee certificates to
voters by the territorial election commission, delivery of absentee
certificates to precinct election commissions and cancellation of unused
absentee certificates kept in the territorial election commission, with the
indication of the quantity and numbers of such certificates.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
10. The summary
table and the documents mentioned in Clause 9 of this Article shall be signed
by the chairman (deputy chairman) and the secretary of the territorial election
commission.
11. The
following documents shall be attached to the first copy of the protocol of
voting results of the territorial election commission: special opinions of
members of the territorial election commission; complaints (applications)
concerning violations of this Federal Law committed in the course of voting,
vote counting and establishment of voting results, which were received by the
territorial election commission in the period from the voting day to the date
of the protocol of voting results of the territorial election commission; the
decisions taken by the territorial election commission on such complaints
(applications). Certified copies of special opinions, complaints (applications)
and decisions of the territorial election commission shall be attached to the
second copy of the protocol.
12. After being
signed by all present voting members of the territorial election commission,
the first copy of the protocol of voting results of the territorial election
commission together with the attached documents and the protocols of precinct
election commissions shall be immediately delivered to the election commission
of the subject of the Russian Federation. The protocol of voting results of a
territorial election commission formed in accordance with Clause 3, Article 20
of this Federal Law shall be delivered to the Central Election Commission of the
Russian Federation. The protocol of the territorial election commission
delivered to superior election commission shall not be returned to the
territorial election commission.
13. The second
copy of the protocol of voting results of the territorial election commission,
the second copies of the summary table and the documents mentioned in Clause 9
of this Article shall be made available for examination to non-voting members
of the territorial election commission and superior election commissions and
other persons mentioned in Clause 5, Article 29 of this Federal Law, and their
certified copies shall be displayed to the general public at a place designated
by the territorial election commission.
14. The second
copy of the protocol of voting results of the territorial election commission
together with the second copies of the summary tables and the documents
mentioned in Clause 9 of this Article, the lists of non-voting members of the
territorial election commission, other persons mentioned in Clause 5, Article 29
of this Federal Law, who were present at the establishment of voting results
and preparation of the protocol, shall be kept by the secretary of the
territorial election commission.
15. If, after
the protocol of voting results and (or) the summary table of the territorial
election commission were signed and their first copies were delivered to
superior election commission, the territorial election commission, which
prepared the protocol and the summary table, or superior election commission
finds any inaccuracies in the course of their preliminary verification
(including a slip of the pen, misprint, error in the summation of the data of
protocols of precinct election commissions), the territorial election
commission shall be obliged to call a meeting to consider the question of
making corrections in the protocol and (or) summary table. In its announcement
about this meeting to be made in accordance with Clause 2, Article 29 of this
Federal Law the territorial election commission shall state that it will consider
this matter at the meeting. It shall be mandatory for the territorial election
commission to make its decision known to non-voting members of the commission
and other persons mentioned in Clause 5, Article 29 of this Federal Law who
were present when the previously approved protocol of the territorial election
commission was being prepared. In this case, the territorial election
commission shall prepare a protocol of voting results and (or) summary table
marked “Repeat.” This protocol and (or) the summary table shall be forthwith
delivered to superior election commission. The protocol of voting results and
(or) the summary table which were previously delivered by the territorial
election commission to superior election commission shall be attached to the
repeat protocol and (or) repeat summary table. The violation of this procedure
for preparation of a repeat protocol and (or) repeat summary table shall
constitute a ground for invalidation of the repeat protocol.
16. If any
errors or inconsistencies are found in any protocol of voting results received
from precinct election commissions or should any doubts arise as to the
correctness of such protocol, the territorial election commission may, in the
course of the preliminary verification of the protocol and after its
acceptance, resolve that the given precinct election commission shall carry out
a vote recount or that such vote recount in the given election precinct be
carried out by the territorial election commission itself. Such vote recount
may be carried out before the territorial election commission establishes the
voting results and prepares a protocol of voting results.
17. A vote
recount shall be carried out in the presence of a voting member (voting
members) of the territorial election commission by the precinct election
commission which prepared and approved the protocol being verified or by the
territorial election commission which ordered a vote recount. The election
commission which is to carry out a vote recount shall inform on the recount the
members of the relevant precinct election commission, other persons mentioned
in Clause 5, Article 29 of this Federal Law, who may be present at the vote
recount. Based on the vote recount the election commission which carried it out
shall prepare a protocol of voting results marked "Vote Recount." The
copies of such protocol made and certified by the election commission shall be
provided to persons mentioned in Clause 5, Article 29 of this Federal Law. If
such protocol is prepared by a precinct election commission, it shall be
immediately delivered to the territorial election commission. The protocol of
voting results of the precinct election commission previously delivered to the
territorial election commission shall be attached to this protocol. The violation
by the election commission which carried out a vote recount of this procedure
for preparation of a protocol of voting results marked "Vote Recount"
may constitute a ground for invalidation of this protocol.
Article 81. Establishment of Voting results by Election
Commission of the Subject of the Russian Federation
1. After the
preliminary verification of the first copies of the protocols of voting results
of territorial election commissions, the election commission of the subject of
the Russian Federation shall, not later than on the fifth day after the voting
day, establish the voting results for the territory of the subject of the
Russian Federation by summing up the data contained in these protocols. If
there is at least one regional group of candidates corresponding to a part of
the territory of the subject of the Russian Federation, the election commission
of this subject of the Russian Federation shall establish voting results for
each part of the territory of the subject of the Russian Federation, determined
in accordance with Clauses 13 and 14 Article 36
of this Federal Law, rather than for the whole territory of the subject of the
Russian Federation. The data contained in the aforementioned protocols shall be
summed up by the voting members of the election commission of the subject of
the Russian Federation.
2. The protocols
of territorial election commissions shall be accepted, the data of these
protocol shall be summed up and the protocol of voting results of the election
commission of the subject of the Russian Federation (this commission’s
protocols of voting results for each part of the territory of the subject of
the Russian Federation) shall be prepared in one room, so that all actions of
members of the election commission of the subject of the Russian Federation
when they accept the protocols of territorial election commissions, sum up the
data of these protocols and prepare the protocol of voting results of the
election commission of the subject of the Russian Federation (this commission’s
protocols of voting results for each part of the territory of the subject of
the Russian Federation) shall be within the field of vision of members of the
election commission of the subject of the Russian Federation and other persons
mentioned in Clause 5, Article 29 of this Federal Law. In this room there shall
be an enlarged form of the summary table of voting results of the election
commission of the subject of the Russian Federation (enlarged forms of the
commission’s summary tables of voting results for each part of the territory of
the subject of the Russian Federation) where the data of the protocols of
voting results of territorial election commissions shall be entered and the
time of the entry indicated immediately after the first copy of these protocols
is delivered by the chairman, the secretary or some other voting member of the
territorial election commission.
3. The chairman,
the secretary or some other voting member of the territorial election
commission shall hand in the first copy of the protocol of voting results of
the territorial election commission together with the attached documents to a
voting member of the election commission of the subject of the Russian
Federation, who shall check to see that the protocol is prepared correctly,
that all required documents are attached to the protocol and that the check
proportion is duly complied with.
4. If the
protocol and (or) the summary table of voting results of any territorial
election commission does not meet the requirements of this Federal Law to such
protocol or summary table, this territorial election commission shall be
obliged to prepare a corrected (repeat) protocol in accordance with the
requirements of Clause 15, Article 80 of this Federal Law, and the initially
submitted protocol and (or) summary table shall be kept by the election
commission of the subject of the Russian Federation.
5. If the
protocol and (or) the summary table of voting results of the territorial
election commission meets the requirements of this Federal Law to such protocol
and (or) summary table, a voting member of the election commission of the
subject of the Russian Federation shall enter the data of this protocol in the
summary table of the election commission of the subject of the Russian
Federation. The chairman, the secretary or some other voting member of the
territorial election commission who handed in the protocol to a member of the
election commission of the subject of the Russian Federation shall sign the
enlarged form of the summary table of the subject of the Russian Federation
under the data of the said protocol.
6. Based on the
protocols of voting results of the territorial election commissions the
election commissions of the subject of the Russian Federation shall deliver its
decision on the voting results in the form of a protocol of voting results. If
there is at least one regional group of candidates corresponding to a part of
the territory of the subject of the Russian Federation, the election commission
of this subject of the Russian Federation shall prepare protocols of voting
results for each part of the territory of the subject of the Russian
Federation, determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law, rather than one protocol of
voting results.
7. The protocol
of voting results of the election commission of the subject of the Russian
Federation (the commission’s protocol of voting results for a part of the
territory of the subject of the Russian Federation) shall contain the following
data:
1) number of territorial election commissions in the territory
(part of the territory) of the subject of the Russian Federation;
2) number of the
protocols of voting results received from the territorial election commissions,
on the basis of which the protocol of voting results of the election commission
of the subject of the Russian Federation (protocol of voting results for a part
of the territory of the subject of the Russian Federation) is prepared;
3) number of election precincts where the voting results were annulled
and the total number of voters entered in the voters’ lists for these election
precincts as of the end of the voting time;
4) summary data for all lines of the protocol of voting results
of territorial election commissions;
5) number of absentee certificates received by the territorial
election commission, number of absentee certificates issued to subordinate
precinct election commissions, number of unused absentee certificates,
cancelled by the territorial election commission, number of absentee certificates
lost in territorial election commission.
(Clause 5
introduced by the Federal Law of October 4, 2010, No.263-FZ)
8. Before the
protocol of voting results of the election commission of the subject of the
Russian Federation (the commission’s protocol of voting results for a part of
the territory of the subject of the Russian Federation) is signed, it shall be
mandatory for this election commission to hold a final meeting, at which it
shall consider complaints (applications) concerning violations of this Federal
Law committed in the course of voting, vote counting and establishment of
voting results, which were received by this commission. Then the election
commission of the subject of the Russian Federation shall sign the protocol and
provide certified copies of the protocol to persons mentioned in Clause 5,
Article 29 of this Federal Law. The protocol shall be prepared in duplicate and
shall be signed by all present voting members of the election commission of the
subject of the Russian Federation, with the indication of the date and time
when the protocol was signed. Signing of the protocol in violation of these
rules may constitute a ground for invalidation of this protocol. Any voting
member of the election commission of the subject of the Russian Federation who
disagrees with the whole protocol or any part thereof may attach his special
opinion to the protocol and this fact shall be noted in the protocol.
9. The following
documents shall be attached to each copy of the protocol of voting results of
the election commission of the subject of the Russian Federation (the
commission’s protocol of voting results for a part of the territory of the
subject of the Russian Federation):
1) summary table
of voting results of the election commission of the subject of the Russian
Federation, which includes the complete data of all protocols of voting results
(for a part of the territory of the subject of the Russian Federation – the
data of the relevant protocols) received from territorial election commissions.
Summary table on the voting results shall also contain data of protocols of the
territorial election commission received by the election commission of the
subject of the Russian Federation on the number of absentee certificates
received by corresponding territorial election commission, the number of
absentee certificates issued to subordinate precinct election commissions, the
number of unused absentee certificates cancelled by corresponding territorial
election commission and the number of absentee certificated lost in
corresponding territorial election commission;
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
2) documents certifying the delivery of ballots by the election
commission of the subject of the Russian Federation to territorial election
commissions (for a part of the territory of the subject of the Russian
Federation – to the relevant territorial election commissions) with the
indication of the quantity of such ballots;
3) documents certifying the delivery of absentee certificates
to territorial election commissions (for a part of the territory of the subject
of the Russian Federation – to the relevant territorial election commissions),
with the indication of the quantity and numbers of such certificates.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)
10. The summary
tables and attached documents mentioned in Clause 9 of this Article shall be
signed by the chairman (deputy chairman) and the secretary of the election
commission of the subject of the Russian Federation.
11. Documents
attached to the first copy of the protocol of voting results of the election
commission of the subject of the Russian Federation (the commission’s protocol
of voting results for a part of the territory of the subject of the Russian
Federation) shall include special opinions of members of the election
commission of the subject of the Russian Federation; the complaints
(applications) (in the case of a protocol of voting results for a part of the
territory of the subject of the Russian Federation - the relevant complaints
(applications) or their certified copies) concerning violations of this Federal
Law, which were received by this election commission in the period from the
voting day to the date of the protocol of voting results of the election commission
of the subject of the Russian Federation; the decisions taken by the election
commission of the subject of the Russian Federation on such complaints
(applications). Certified copies of special opinions, complaints (applications)
and decisions of the election commission of the subject of the Russian
Federation shall be attached to the second copy of the protocol.
12. After the
protocol of voting results of the election commission of the subject of the
Russian Federation (the commission’s protocol of voting results for a part of
the territory of the subject of the Russian Federation) and the summary table
are signed, the first copy of the protocol together with the attached documents
shall be immediately delivered 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.
13. The second
copy of the protocol of voting results of the election commission of the
subject of the Russian Federation (the commission’s protocol of voting results
for a part of the territory of the subject of the Russian Federation), the
second copies of the summary table and documents mentioned in Clause 9 of this
Article shall be made available for examination to non-voting members of the
election commission of the subject of the Russian Federation, members of the
Central Election Commission of the Russian Federation, other persons mentioned
in Clause 5, Article 29 of this Federal Law, and their certified copies shall
be displayed to the general public at a place designated by the election
commission of the subject of the Russian Federation.
14. The second
copy of the protocol of voting results of the election commission of the
subject of the Russian Federation (the commission’s protocol of voting results
for a part of the territory of the subject of the Russian Federation), the
second copies of the summary table and documents mentioned in Clause 9 of this
Article, the lists of non-voting members of the election commission, other
persons mentioned in Clause 5, Article 29 of this Federal Law, who were present
at the establishment of voting results and preparation of the protocol, the
protocols of territorial and precinct election commissions and other documents
stipulated by this Federal Law shall be kept by the secretary of the election
commission of the subject of the Russian Federation.
15. If, after
the protocol of voting results of the election commission of the subject of the
Russian Federation (the commission’s protocol of voting results for a part of
the territory of the subject of the Russian Federation) and (or) the summary
table were signed and their first copies were delivered to the Central Election
Commission of the Russian Federation, the election commission of the subject of
the Russian Federation, which prepared the protocol and the summary table, or
the Central Election Commission of the Russian Federation finds any inaccuracy
in the course of their preliminary verification (including a slip of the pen,
misprint, error in the summation of the data of protocols of territorial
election commissions), the election commission of the subject of the Russian
Federation shall be obliged to call a meeting to consider the question of
making corrections in the protocol and (or) summary table. In its announcement
about this meeting to be made in accordance with Clause 2, Article 29 of this
Federal Law the election commission of the subject of the Russian Federation
shall state that it will consider this matter at the meeting. It shall be mandatory
for the election commission of the subject of the Russian Federation to make
its decision known to non-voting members of the commission, other persons
mentioned in Clause 5, Article 29 of this Federal Law who were present when the
previously approved protocol of the election commission of the subject of the
Russian Federation was being prepared. In this case, the election commission of
the subject of the Russian Federation shall prepare a protocol of voting
results and (or) summary table marked "Repeat." This protocol and
(or) the summary table shall be forthwith delivered to the Central Election
Commission of the Russian Federation. The protocol of voting results and (or)
the summary table which were previously delivered to the Central Election Commission
of the Russian Federation shall be attached to the repeat protocol and (or)
repeat summary table. The violation of this procedure for preparation of a
repeat protocol and (or) repeat summary table shall constitute a ground for
invalidation of the repeat protocol.
16. If any
errors or inconsistencies are found in any protocol of voting results received
from subordinate election commissions or should any doubts arise as to the
correctness of such protocol, the election commission of the subject of the Russian
Federation may resolve that a vote recount shall be carried out in the relevant
election precinct, relevant territory. Such vote recount may be carried out
before the election commission of the subject of the Russian Federation
establishes the voting results and prepares a protocol of voting results.
17. In the case
referred to in Clause 16 of this Article, a vote recount shall be carried out
in the presence of a voting member (voting members) of the election commission
of the subject of the Russian Federation by the election commission which
prepared and approved the protocol being verified or by superior territorial
election commission, the election commission of the subject of the Russian
Federation. The election commission which is to carry out a vote recount shall
inform about the recount the members of the relevant election commission, other
persons mentioned in Clause 5, Article 29 of this Federal Law, who may be
present at a vote recount. Based on the vote recount the election commission
which carried it out shall prepare a protocol of voting results marked
"Vote Recount." On the basis of this protocol changes shall be made
to the protocol of voting results of superior election commission. The copies
of such protocol made and certified by the election commission shall be
provided to persons mentioned Clause 5, Article 29 of this Federal Law. If such
protocol is prepared by a subordinate election commission, it shall be
immediately delivered to the election commission of the subject of the Russian
Federation. The previously delivered protocol of voting results of the
precinct, territorial election commission shall be attached to the protocol
prepared on the basis of the vote recount. The violation of this procedure for
preparation of a protocol of voting results marked "Vote Recount" may
constitute a ground for invalidation of this protocol.
Article 82. Establishment of Results of the Election of Deputies
of the State Duma
1. Based on the
data contained in the first copies of the protocols of voting results of the
election commissions of the subjects of the Russian Federation and these
commissions’ protocols of voting results for parts of the territory of the
subjects of the Russian Federation, protocols of voting results of the
territorial election commissions mentioned in Clause 3, Article 20 of this
Federal Law (if such territorial election commissions were not formed - based
on the data of the protocols of voting results of the election commissions
formed in election precincts 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 shall, after preliminary verification of the protocols,
establish the results of the election of deputies of the State Duma by summing
up the data contained in these protocols, not later than in two weeks after the
voting day. The data contained in these protocols shall be summed up by the
voting members of the Central Election Commission of the Russian Federation.
2. The Central
Election Commission of the Russian Federation shall prepare a protocol of the
results of the election of deputies of the State Duma in which the following
data shall be entered:
1) number of election commissions of the subjects of the
Russian Federation;
2) number of
territorial election commissions mentioned in Clause 3, Article 20 of this
Federal Law (if such territorial commissions were not formed – the number of
precinct election commissions formed in election precincts outside the
territory of the Russian Federation);
3) number of
protocols of voting results of the election commissions of the subjects of the
Russian Federation and these commissions’ protocols of voting results for parts
of the territory of the subjects of the Russian Federation on the basis of
which this protocol was prepared;
4) number of
protocols of voting results of the territorial election commissions mentioned
in Clause 3, Article 20 of this Federal Law on the basis of which this protocol
was prepared (if such territorial election commissions were not formed – the
number of protocols of voting results of precinct election commissions formed
in election precincts outside the territory of the Russian Federation on the
basis of which this protocol was prepared);
5) summary data
for all lines of the protocols of voting results of the election commissions of
the subjects of the Russian Federation (these commissions’ protocols of voting
results for parts of the territory of the subjects of the Russian Federation),
protocols of voting results of the territorial election commissions mentioned
in Clause 3, Article 20 of this Federal Law (if such territorial election
commissions were not formed – the protocols of voting results of precinct
election commissions formed in election precincts outside the territory of the
Russian Federation);
5.1.) number of
absentee certificates received by the Central Election Commission of the
Russian Federation, number of absentee certificated issued to subordinate
election commissions, number of unused absentee certificates cancelled by the
Central Election Commission of the Russian Federation, number of absentee
certificates lost in the Central Election Commission of the Russian Federation;
(Clause 5.1.
introduced by the Federal Law of October 4, 2010, No.263-FZ)
6) share of votes (in percent) of voters participated in the
voting received by each federal list of candidates;
(as amended by the Federal Law of July 12, 2006, No.107-FZ)
7) ceased to be in force. - The Federal Law of April 26, 2007,
No.64-FZ;
8) names of the political parties, whose federal lists of
candidates are included in the distribution of deputy seats, and the number of
deputy seats due to each of these lists;
8.1.) names of
the political parties, whose federal lists of candidates received deputy seats
in case stipulated by Clause 10.1. of this Article,
and the number of deputy seats due to each of these lists;
(Clause 8.1.
introduced by the Federal Law of May 12, 2009, No.94-FZ)
9) numbers of the regional groups of candidates of the federal
lists of candidates included in the distribution of deputy seats and the number
of deputy seats due to each of these regional groups;
(Clause 9 as
amended by the Federal Law of May 12, 2009, No.94-FZ)
10) surnames, first names and patronymics of the registered
candidates elected as deputies of the State Duma from each federal list of
candidates included in the distribution of deputy seats.
(Clause 10 as
amended by the Federal Law of May 12, 2009, No.94-FZ)
3. Based on the
protocol of the results of the election of deputies of the State Duma the
Central Election Commission of the Russian Federation shall take a decision on
the results of the election of deputies of the State Duma.
4. The Central
Election Commission of the Russian Federation shall declare the election of
deputies of the State Duma invalid:
1) ceased to be in force. - The Federal Law of April 26, 2007,
No.64-FZ;
2) if none of the federal lists of candidates received 7
percent or more than 7 percent of votes of voters participated in the voting;
3) if all federal lists of candidates together received 60
percent and less than 60 percent of votes of voters participated in the voting.
5. The Central
Election Commission of the Russian Federation shall invalidate the results of
the election of deputies of the State Duma:
1) if violations during the voting or establishment of voting
results do not allow the results of the expression of the voters' will to be
reliably determined;
2) if the voting
results were invalidated in several election precincts which voters’ lists
together included not less than 25 percent of the total number of voters
entered in the voters’ lists as of the end of voting;
3) by a court decision.
6. The number of
voters who took part in the voting shall be determined by the number of
standard ballots contained in the ballot boxes.
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
7. Federal lists
of candidates shall be included in the distribution of deputy seats if each of
them receives 7 percent and more than 7 percent of the total vote, provided
that there are not less than two such federal lists of candidates and that
these federal lists of candidates together receive more than 60 percent of the
total vote. In this case the other federal lists of candidates shall not be
included in the distribution of deputy seats.
8. If the votes
received by the federal lists of candidates, each of which received 7 percent
and more than 7 percent of total number of votes, is 60 percent and less than
60 percent of the total number of votes, these lists shall be included in the
distribution of deputy seats along with federal lists of candidates which
received less than 7 percent of votes, such federal lists of candidates being
included in the distribution of deputy seats in a descending order of votes,
received by them until the total number of votes of the federal lists of
candidates included in the distribution of deputy seats exceeds 60 percent of
the total number of votes.
9. If one
federal list of candidates received more than 60 percent of the total number of
votes and the other federal lists of candidates received less than 7 percent of
the total number of votes, this federal list of candidates shall be included in
the distribution of deputy seats along with a federal list of candidates which
received the largest number of votes among the federal lists of candidates
which received less than 7 percent of the total number of votes.
10. The federal
lists of candidates included in the distribution of deputy seats shall receive
these seats in accordance with the methodology of distribution of deputy seats
set forth in Article 83 of this Federal Law.
10.1. Besides
federal lists of candidates admitted to distribution of deputy seats, such
deputy seats are also received by federal lists of candidates that received
less than 7 but not less than 5 percent of votes of voters participated in the
voting and not admitted to distribution of deputy seats. Such federal lists of
candidates receive deputy seats in accordance with Article 82.1 of this Federal
Law.
(Clause 10.1.
introduced by the Federal Law of May 12, 2009, No.94-FZ)
11. The deputy
seats received by the federal list of candidates shall be first provided to the
registered candidates in the all-federal part of the federal list of
candidates. The remaining deputy seats shall be provided to registered
candidates included in the regional groups of candidates in accordance with the
methodology of the distribution of deputy seats set forth in Article 83 of this
Federal Law.
12. Deputy seats
shall be distributed between registered candidates in the sequence in which the
candidates are placed in the federal list of candidates. This sequence is
established when the federal list of candidates is registered by the Central
Election Commission of the Russian Federation and is regarded (within the
all-federal part of the federal list of candidates and within each regional
group of candidates) as the sequence in which deputy seats are to be provided.
13. Ceased to be
in force. - The Federal Law of April 26, 2007, No.64-FZ.
14. The protocol
of the results of the election of deputies of the State Duma prepared by the
Central Election Commission of the Russian Federation shall be signed by all
present voting members of the Central Election Commission of the Russian
Federation. Attached to the protocol shall be the summary table containing the
complete data of all received protocols of voting results of the election
commissions of the subjects of the Russian Federation and these commissions’
protocols of voting results for parts of the territory of the subjects of the
Russian Federation and the protocols of voting results of the territorial
commissions mentioned in Clause 3, Article 20 of this Federal Law (if such
territorial commissions were not formed – protocols of voting results of
precinct election commissions formed in election precincts outside the
territory of the Russian Federation). Summary table shall also include data of
protocols of election commissions of the subjects of the Russian Federation of
voting results, election results in parts of territories of the subjects of the
Russian Federation, on the number of absentee certificates received by
corresponding election commission of the subject of the Russian Federation (if
the territory of the subject of the Russian Federation is divided into parts –
for each party of the territory of the subject of the Russian Federation), the
number of absentee certificated issued to subordinate territorial election
commissions, the number of unused absentee certificates cancelled by
corresponding election commission of the subject of the Russian Federation, and
the number of absentee certificated lost in corresponding election commission of
the subject of the Russian Federation, and in the case of formation of
territorial election commission for managing the activity of precinct election
commissions formed at election precincts that are formed outside the territory
of the Russian Federation, and the data on the number of absentee certificates
received by corresponding territorial election commission, the number of
absentee certificates issued to subordinate precinct election commission,
cancelled by corresponding territorial election commission, and the number of
absentee certificates lost in corresponding territorial election commission.
(as amended by the Federal Law of July 25, 2011, No.262-FZ)
15. Any voting
member of the Central Election Commission of the Russian Federation, who
disagrees with the whole protocol of the results of the election of deputies of
the State Duma prepared by the Central Election Commission of the Russian
Federation or its parts, may attach his special opinion to the protocol and
this fact shall be noted in the protocol. Also attached to the protocol shall
be complaints (applications) concerning violations of this Federal Law, which
were received by the Central Election Commission of the Russian Federation in
the period from the voting day to the date of its protocol of the results of
the election of deputies of the State Duma, and the decisions taken by the
Central Election Commission of the Russian Federation on such complaints
(applications).
16. Certified
copies of the protocol of the results of the election of deputies of the State
Duma and of the summary table prepared by the Central Election Commission of
the Russian Federation shall be provided to all members of the Central Election
Commission of the Russian Federation, persons mentioned in Clause 1, Article 29
of this Federal Law, who were present when the results of the election of
deputies of the State Duma were being established, and to mass media
representatives.
17. If, after
signing its protocol of the results of the election of deputies of the State Duma
and (or) its summary table, the Central Election Commission of the Russian
Federation finds an inaccuracy in these documents (including a slip of the pen,
misprint, error in the summation of the data of the protocols of subordinate
election commissions), the Central Election Commission of the Russian
Federation shall be obliged to call a meeting to consider the question of
correcting the protocol and (or) the summary table. In its announcement about
this meeting to be made in accordance with Clause 2, Article 29 of this Federal
Law the Central Election Commission of the Russian Federation shall state that
it will consider this matter at the meeting. It shall be mandatory for the
Central Election Commission of the Russian Federation to make its decision known
to its non-voting members, other persons mentioned in Clause 5, Article 29 of
this Federal Law, who were present when the previously approved protocol of the
results of the election of deputies of the State Duma was being prepared by the
Central Election Commission of the Russian Federation.
18. If any
errors, inconsistencies are discovered in the protocols of voting results
received from subordinate election commissions and should any doubts arise as
to the correctness of these protocols, the Central Election Commission of the
Russian Federation may resolve that a vote recount shall be carried in the
corresponding election precinct, corresponding territory, corresponding subject
of the Russian Federation. Such vote recount shall be carried out not later
than in one day before the expiry of the period prescribed by this Federal Law
for the establishment of the results of the election of deputies of the State
Duma.
19. In the case
referred to in Clause 18 of this Article a vote recount shall be carried out in
the presence of a voting member (voting members) of the Central Election
Commission of the Russian Federation by the election commission which prepared
and approved the protocol of voting results being verified or by superior
election commission or by the Central Election Commission of the Russian
Federation. The election commission which is to carry out a vote recount shall
inform about the recount the members of the relevant election commission, other
persons mentioned in Clause 5, Article 29 of this Federal Law, who may be
present at the vote recount. On the basis of the vote recount the election
commission which carried it out shall prepare a protocol of voting results
marked "Vote Recount." On the basis of this protocol changes shall be
made to the protocols of voting results of all superior election commissions.
The previously delivered protocol of voting results shall be attached to the
protocol prepared on the basis of the vote recount. The violation of this
procedure for preparation of a protocol of voting results marked "Vote
Recount" may constitute a ground for invalidation of this protocol.
Article 82.1. Provision of Deputy Seats to Federal Lists of
Candidates Received less than 7 and not less than
5 percent of Votes of Voters Participated in the Voting and not Admitted to
Distribution of Deputy Seats
(introduced by the Federal Law of May 12, 2009, No.94-FZ)
1. Before deputy
seats are distributed in accordance with Article 83 of this Federal Law, deputy
seats are provided to federal lists of candidates that received less than 7 but
not less than 5 percent of votes of voters participated in voting and not
admitted to distribution of deputy seats. The number of deputy seats provided
is determined in accordance with Clauses 2 and 3 of this Article.
2. Federal list
of candidates that received less than 6 but not less than 5 percent of votes of
voters participated in voting and not admitted to distribution of deputy seats
is provided with one deputy seat.
3. Federal list
of candidates that received less than 7 but not less than 6 percent of votes of
voters participated in voting and not admitted to distribution of deputy seats
is provided with two deputy seats.
4. Deputy seats
provided in accordance with Clauses 2 and 3 of this Article are received first
of all by registered candidates included into all-federal part of the federal
list of candidates in the sequence of their placement in this list.
5. If the
federal list of candidates that received a deputy seat (deputy seats) does not
have an all-federal part, the number of votes is established that were cast for
the federal list of candidates in those subjects of the Russian Federation (in
groups of subjects of the Russian Federation, on parts of territories of the
subjects of the Russian Federation) that correspond to regional groups of
candidates that the federal list of candidates was divided into (hereafter –
votes cast for regional groups of candidates). At this votes of voters residing
outside the territory of the Russian Federation in case of taking of the
decision by the political party stipulated by Clause 9.1., Article 36 of this
Federal Law, are deemed cast for corresponding regional group of candidates.
6. Deputy seat
provided in accordance with Clause 2 of this Article to the federal list of
candidates with no all-federal part is given to the first registered candidate
included in the regional group of candidates that received the most votes of
voters. In case, at equality of votes of voters cast for regional groups of
candidates, there is more than one such group, the regional group a registered
candidate of which receives a deputy seat is determined in accordance with the
order of placement of regional groups in the federal list of candidates.
7. If the
all-federal part of the federal list of candidates that received deputy seats
in accordance with Clause 3 of this Article includes one registered candidates,
the second deputy seat is provided to the first in sequence registered
candidate included into regional group of candidates that received the most
votes of voters. In case, at equality of votes of voters cast for regional
groups of candidates, there is more than one such group, the regional group a
registered candidate of which receives a deputy seat is determined in
accordance with the order of placement of regional groups in the federal list
of candidates.
8. Deputy seats
provided in accordance with Clause 3 of this Article to the federal list of
candidates with no all-federal part are given to the first in sequence
registered candidates included into two regional groups of candidates that
received the most of the votes. In case, at equality of votes of voters cast
for regional groups of candidates, there are more than two such groups,
regional groups the registered candidates of which receive deputy seats, or one
of regional groups a registered candidate of which receives a deputy seat, is
(are) determined in accordance with the order of placement of regional groups
in the federal list of candidates.
9. If the
provided deputy seat is vacant, it is given to the first in sequence registered
candidate out of registered candidates that did not receive deputy seats and
are included into the same regional group of candidates (all-federal part) of
the federal list of candidates with the registered candidate the deputy seat of
whom is vacant. If in the said regional group of candidates (all-federal part)
of the federal list of candidates has no registered candidates that can receive
a vacant deputy seat, it is given to the first in sequence registered candidate
included into regional group of candidates that received the most votes of
voters and registered candidates of which did not receive a deputy seat. In
case, at equality of votes of voters cast for regional groups of candidates,
there are more such groups than there are deputy seats, the regional group a
registered candidate of which receives a deputy seat, is determined in
accordance with the order of placement of regional groups in the federal list
of candidates.
10. If in the
process of provision of deputy seat there are no registered candidates in the
federal list of candidates that can receive a vacant deputy seat, this deputy
seat remains vacant till the next election of deputies of the State Duma.
Article 83. Methodology of Proportional Distribution of Deputy
Seats
1. The Central
Election Commission of the Russian Federation shall calculate the sum of votes
cast by voters for the federal lists of candidates, included in the
distribution of deputy seats, in accordance with the rules set forth in Clauses
7 - 9, Article 82 of this Federal Law. This sum of votes shall be divided by
450 - the number of deputy seats to be distributed in the federal electoral
district. In case deputy seats are provided to the federal list of candidates in
accordance with Article 82.1 of this Federal Law, the said sum of votes is
divided by the number of deputy seats remained after such provision. The result
is the first electoral quotient, which is used in the distribution of deputy
seats between the federal lists of candidates.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
2. The number of
votes received by each federal list of candidates, included in the distribution
of deputy seats, shall be divided by the first electoral quotient calculated in
accordance with Clause 1 of this Article. The whole part of the number obtained
as a result of such division represents the number of deputy seats to be
received by the given federal list of candidates as a result of the primary
distribution of deputy seats.
3. If any deputy
seats remain undistributed after the primary distribution of deputy seats
carried out in accordance with Clause 2 of this Article, secondary distribution
of deputy seats shall be carried out. The federal lists of candidates, which have
the largest fractional part of the number obtained as a result of the division
performed in accordance with Clause 2 of this Article, shall each receive one
of the undistributed deputy seats. In case the fractional parts are equal (up
to and including the sixth digit after the decimal point) preference shall be
given to the federal list of candidates which received more votes.
4. After
distribution of deputy seats carried out in accordance with Clause 3 of this
Article, deputy seats shall be distributed inside each federal list of
candidates between regional groups of candidates and the all-federal part of
the federal list (if any). First, deputy seats shall be provided to registered
candidates included in the all-federal part of the federal list of candidates,
in the sequence of their placement in this list.
5. If, after
deputy seats were provided to registered candidates included in the all-federal
part of the federal list of candidates, there remain deputy seats due to the
given federal list of candidates, such deputy seats shall be distributed inside
the federal list of candidates between the regional groups of candidates as
follows. The sum of votes cast for the federal list of candidates in the
subjects of the Russian Federation (groups of subjects of the Russian
Federation, parts of the territory of the subjects of the Russian Federation)
to which the regional groups of candidates the federal list of candidates was
divided into correspond plus the number of votes cast by voters residing
outside the territory of the Russian Federation – if the political party takes
a decision mentioned in Clause 9.1, Article 36 of this Federal Law
(hereafter - votes cast for regional groups of candidates) shall be
divided by the number of deputy seats which remain undistributed inside the
federal list of candidates. The result of the division is the second electoral
quotient of the given federal list of candidates. The number of votes cast for
each regional group of candidates shall be divided by the second electoral quotient.
In this case, if the political party takes a decision mentioned in Clause 9.1,
Article 36 of this The Federal Law, the votes cast by voters residing outside
the territory of the Russian Federation shall be deemed cast for the relevant
regional group of candidates. The whole part of the number obtained as a result
of such division represents the number of deputy seats to be received by the
relevant regional group of candidates. If, after performance of the
aforementioned actions, there remain undistributed deputy seats due to the
given federal list of candidates, the regional groups of candidates, which have
the largest fractional part of the number, obtained as a result of the division
of the number of votes cast for each regional group of candidates by the second
electoral quotient of the given federal list of candidates, shall each receive
one of the undistributed deputy seats. In case the fractional parts are equal
preference shall be given to the regional group of candidates which received a
larger number of votes. In case if the number of votes of voters cast for
regional groups of candidate, the number of such group is more than the number
of deputy seats, the regional group of candidates that receives a deputy seat,
is determined in accordance with the order of placement of regional groups in
the federal list of candidates.
(as amended by the Federal Laws of July 21, 2007, No.188-FZ,
of May 12, 2009, No.94-FZ)
6. If, in the
course of the distribution of deputy seats inside the federal list of candidates,
one of or several regional groups of candidates is (are) found to lack the
required number of registered candidates, the deputy seats that remain
undistributed shall be additionally distributed between the regional groups of
the same federal list of candidates in which there are registered candidates
who did not receive deputy seats. If, when such additional distribution of
deputy seats is to be carried out, there are regional groups of candidates
which did not receive deputy seats in the course of their distribution
performed in accordance with Clause 5 of this Article and if among such
regional groups of candidates there are groups which include registered
candidates who did not receive deputy seats, deputy seats shall be given to
such regional groups of candidates one deputy seat to each such group, in the
same sequence (in accordance with the value of the frictional parts) as was
determined on the basis of the initially calculated second electoral quotient.
If, in the course of the additional distribution, there remain no regional
groups of candidates which received no deputy seats in the course of their
distribution in accordance with the values of the fractional parts but some
deputy seats still remain undistributed, these deputy seats shall be provided
to the regional groups of candidates with the smallest coefficient of
additional distribution to be calculated for each regional group of candidates
with registered candidate who did not receive deputy seats, one deputy seat to
each of such groups. The aforementioned coefficient shall be calculated by
dividing the number of deputy seats received by the regional group of
candidates by the number of votes which it received. In case these coefficients
are equal, deputy seats shall be provided to the regional group of candidates
which received the larger number of votes. If, after such distribution, the
number of deputy seats available for additional distribution exceeds the number
of the regional groups of candidates which are entitled to receive them,
additional distribution shall be repeated as many times as necessary, with the
said coefficient to be calculated anew each time. Additional distribution of
deputy seats shall be also carried out in other cases provided by this Federal
Law.
7. If, after the
distribution of deputy seats between the federal lists carried out in
accordance with Clauses 1 - 3 of this Article, one or several deputy seats have
to be additionally distributed between all or some of the federal lists of
candidates, such distribution shall be carried out as follows. First, deputy
seats shall be given to the federal lists of candidates which received no
deputy seats when they were distributed in accordance with the value of the
fractional pars as provided by Clause 3 of this Article. Then deputy seats
shall be provided in accordance with the coefficient of additional distribution
of deputy seats to be calculated for each federal list of candidates by
dividing the total number of deputy seats received by the federal list of
candidates by the number of votes received by this list. Deputy seats shall be
provided to the federal lists of candidates with the smallest value of this
coefficient, one to each such list. In the event that the values of this
coefficient are equal, the deputy seat shall be provided to the federal list of
candidates which received the larger number of votes. If after such
distribution the number of deputy seats available for additional distribution
is found to be larger than the number of the federal lists of candidates which
may receive them, additional distribution shall be repeated as many times as
necessary, with the said coefficient to be calculated anew each time. The
deputy seats received by a federal list of candidates shall be given to
registered candidates included the all-federal part of the federal list of
candidates who did not receive deputy seats or, in the absence of such
candidates, to registered candidates from the regional groups of candidates of
the given federal list of candidates, in accordance with the additional
distribution procedure set forth in Clause 6 of this Article. Federal lists of
candidates may participate in the additional distribution only if they have
registered candidates who did not receive deputy seats.
8. If, after the
initial distribution of deputy seats inside a federal list of candidates, a
deputy seat became vacant, this deputy seat shall be given to a registered
candidate from the same federal list of candidates. The deputy seat shall be
given to the first registered candidate in the sequence of registered
candidates who did not receive deputy seats and who are included in the same
regional group of candidates (in the all-federal part of the federal list of
candidates) as the registered candidate whose deputy seat became vacant. If
there are no registered candidates in the given regional group of candidates
(in the all-federal part of the federal list of candidates) who did not receive
deputy seats, the vacant deputy seat shall be distributed between the other
regional groups of candidates of the same federal list of candidates in
accordance with the additional distribution procedure set forth in Clause 6 of
this Article.
9. If, in the
course of the distribution of deputy seats inside a federal list of candidates,
there remain no registered candidates who did not received deputy seats, the
undistributed deputy seats shall remain vacant until the next election of
deputies of the State Duma, save as otherwise provided by Clause 10 of this
Article.
10. If, as a
result of the implementation of the provisions of Clause 9 of this Article, the
composition of the State Duma becomes legally incompetent to exercise its
powers, the undistributed deputy seats shall be provided to the federal lists
of candidates not admitted to distribution of deputy seats in accordance with
the requirements of Clauses 7 - 9, Article 82 of this Federal Law and which
received the number of votes exceeding the first electoral quotient. In this
case, each of such federal lists of candidates may receive a number of deputy
seats which does not exceed the number which it might have received if it had
been admitted to distribution of deputy seats together with the federal lists
of candidates mentioned in Clauses 7 - 9, Article 82 of this The Federal Law
(with account of deputy seats received in accordance with Article 82.1 of this
Federal Law). Such deputy seats shall be distributed between the federal lists
of candidates not admitted to distribution of deputy seats in accordance with
the requirements of Clauses 7 – 9, Article 82 of this Federal Law and which
received the number of votes exceeding the first electoral quotient, in
proportion to the number of votes received by them, in accordance with the
methodology of distribution of deputy seats set forth in this article.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
Article 84. Repeat Election of Deputies of the State Duma
If the election
of deputies of the State Duma was declared invalid on the grounds set forth in
Article 82 of this Federal Law, the Central Election Commission of the Russian
Federation shall call repeat elections in accordance with the procedure
established by this Federal Law. The repeat elections shall be held not later
than in four months after the day on which the elections were declared invalid.
In the event of repeat elections the periods of electoral actions may be
reduced, however by not more than one-third, by a decision of the Central
Election Commission of the Russian Federation. The announcement of repeat
elections shall be published in the mass media not later than in three days
after the relevant decision was taken. The Central Election Commission of the
Russian Federation may order that the powers of precinct election commissions
be extended or that, in such cases, new precinct election commissions be formed
in accordance with the procedure established by Article 21 of this Federal Law.
Article 85. Registration of Deputies of the State Duma
1. After signing
the protocol of the results of the election of deputies of the State Duma the
Central Election Commission of the Russian Federation shall notify to this
effect of the registered candidates elected to the State Duma. The registered
candidate elected to the State Duma shall, within five days of receipt of the
notice, present to the Central Election Commission of the Russian Federation a
copy of the order (other document) relieving him from the duties incompatible
with the status of a deputy of the State Duma or a copy of a document
certifying that, within three days of receipt of the notice, he submitted an
application asking to be relieved from such duties.
2. If the
registered candidate elected to the State Duma fails to comply with the
requirements of Clause 1 of this Article, his deputy seat shall be deemed
vacant and the Central Election Commission of the Russian Federation shall
transfer it to another registered candidate from the same federal list of
candidates in accordance with the procedure set forth in Clause 9, Article 82.1
or Clause 8, Article 83 of this Federal Law. Such deputy seat shall not be
transferred to a registered candidate elected to the State Duma who also failed
the meet the requirements set forth in Clause 1 of this Article or refused to
accept a deputy seat in accordance with Clause 2.1 of this Article, if his
deputy seat is vacant.
(as amended by the Federal Law of April 26, 2007, No.64-FZ,
of May 12, 2009, No.94-FZ)
2.1. Within five
days of receipt of the notice mentioned in Clause 1 of this Article, the
registered candidate elected to the State Duma may refuse to accept a deputy
seat by submitting an appropriate written application to the Central Election
Commission of the Russian Federation. In this case, his deputy seat shall be
deemed vacant and the Central Election Commission of the Russian Federation
shall transfer it to another registered candidate from the same federal list of
candidates in accordance with the procedure set forth in Clause 9, Article 82.1
or Clause 8, Article 83 of this Federal Law. Such deputy seat shall not be
transferred to a registered candidate elected to the state Duma, who failed to
meet the requirements set forth in Clause 1 of this Article or who also refused
to accept a deputy seat in accordance with this Clause, if his deputy seat is
vacant.
(Clause 2.1
introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the
Federal Law of May 12, 2009, No.94-FZ)
2.2. Submission
by a registered candidate elected to the State Duma of an application mentioned
in Clause 2.1 of this Article shall not entail exclusion of such registered
candidate from the federal list of candidates admitted to distribution of
deputy seats (federal list of candidates that received deputy seats in
accordance with Article 82.1 of this Federal Law).
(Clause 2.2
introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the
Federal Law of May 12, 2009, No.94-FZ)
3. After the
official publication of the results of the election of deputies of the State
Duma and after the registered candidate has complied with the requirement set
forth in Clause 1 of this Article, the Central Election Commission of the
Russian Federation shall register such deputy and shall provide him with a
certificate of election as deputy of the State Duma.
Article 86. Publication of Voting results and Results of the Election of
Deputies of the State Duma
1. The voting
results for each election precinct, each territory, each subject of the Russian
Federation within the scope of the data contained in the protocols of voting
results of the relevant election commissions and subordinate election
commissions shall be made available for examination to all voters, registered
candidates, attorneys and authorized representatives of political parties,
observers, foreign (international) observers, mass media representatives upon
their request, immediately after the protocols of voting results, results of
the election of deputies of the State Duma were signed by the members of the
election commission from which this data was requested. This data shall be
provided by the relevant election commission.
2. The Central
Election Commission of the Russian Federation shall present preliminary
information on the results of the election of deputies of the State Duma to the
mass media as such information becomes available to the Central Election
Commission of the Russian Federation.
3. The election
commission of the subject of the Russian Federation shall, not later than in
two weeks after the voting day, officially publish in the regional state print
periodicals the data contained in the protocols of voting results of all
territorial election commissions and in the corresponding summary tables. If a
vote recount was carried out at some election precincts, some territories and
the results of this recount are received by the election commission of the
subject of the Russian Federation after this deadline, then the election
commission of the subject of the Russian Federation shall officially publish
the corrected data within one week after this data is accepted on the basis of
the relevant decision. The election commission of the subject of the Russian
Federation may publish the summary tables of territorial election commissions
in one of or several municipal print periodicals or by releasing a special
booklet which shall be circulated to the state and municipal public libraries
located in the territory of the subject of the Russian Federation, to mass
media organizations, regional branches of political parties registered in the
territory of the subject of the Russian Federation.
4. The results
of the election of deputies of the State Duma as well as the information on the
vote received by each registered federal list of candidates shall be officially
published by the Central Election Commission of the Russian Federation within
three weeks of the voting day. Within the same period, the Central Election
Commission of the Russian Federation shall officially publish in its bulleting
the complete data contained in the protocols of voting results of all election
commissions of the subjects of the Russian Federation.
5. Within two
months of the voting day, the Central Election Commission of the Russian
Federation shall publish in its official bulletin the complete data of the
protocols of voting results of all election commissions, with the exception of
precinct election commissions, the protocols of the results of the election of
deputies of the State Duma, the biographical data and other information on all
elected deputies of the State Duma within the scope to be established by the
Central Election Commission of the Russian Federation. Within seven days of
such publication the Central Election Commission of the Russian Federation
shall post this information on the Internet where it will be kept for at least
one year from the day of the official publication of the results of the
election of deputies of the State Duma.
Article 87. Use of GAS “Vybory”
1. Only GAS “Vybory” shall be used in preparation and conduct of the
election of deputies of the State Duma, including registration of voters, preparation
of voters’ lists, establishment of voting results and election results, for
quick receipt, transmission and processing of the information.
2. If
appropriate equipment is available, immediately after the protocol of voting
results is signed the data of the protocol shall be transmitted in a machine
readable form to superior election commission over the telecommunications
channels of GAS “Vybory,” subject to the mandatory
rule that the first copy of the protocol of voting results shall be
subsequently submitted to superior election commission.
3. The election
commission shall form a supervisory group consisting of voting and non-voting
members of the commission to supervise the use of GAS “Vybory”
or its separate technical facilities. The powers of this group are established
by the Federal Law “On the State Automatic System of the Russian Federation ‘Vybory’.”
4. All members
of the election commission, observers shall have the right to examine any
information entered into and received from GAS “Vybory”
in connection with the establishment of voting results and the results of the
election of deputies of the State Duma.
5. From the
beginning of voting and up to the time when the election commission signs the
protocol of voting results GAS “Vybory” with its
telecommunications channels over which the data is transmitted from subordinate
election commissions to superior election commissions shall be used for
monitoring the progress of voting and establishing of voting results. During
this period transmission of any data from the information centers of superior
election commissions to the information centers of subordinate election
commissions shall be prohibited, except for the signals acknowledging receipt
of the information.
6. The
information on the progress of voting and voting results received by means of
GAS “Vybory” shall be preliminary information which
has no legal significance, save the cases where use is made of technical
facilities for vote counting and (or) e-voting complexes in accordance with the
procedure 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."
7. The computer
printout of the protocol of voting results of a precinct election commission
which has been transmitted directly to superior election commission and entered
in GAS “Vybory” shall be attached to the second copy
of this protocol of voting results of the precinct election commission. The
authenticity of the data contained in the computer printout shall be certified
by the signatures of the person responsible for the entry of this data.
8. The
information on the voter turnout, preliminary and final voting results entered
into GAS “Vybory” shall be readily accessible (in the
"read only" mode) to the users of the Internet in accordance with the
procedure to be established by the Central Election Commission of the Russian
Federation.
9. When GAS “Vybory” is used in accordance with this Federal Law, the
information on the political parties that nominated federal lists of
candidates, on the progress of voting and preliminary voting results may be
made known to voters over the public telecommunications networks in accordance
with the procedure established by the Central Election Commission of the
Russian Federation.
(Clause 9
introduced by the Federal Law of April 26, 2007, No.64-FZ)
Article 88. Safe Storage of Election Documents
1. Documents of
the precinct election commissions (including ballots) shall be kept in guarded
rooms and shall be transferred to superior election commissions within the
period established by this Federal Law.
2. Documents of
the Central Election Commission of the Russian Federation, election commissions
of the subjects of the Russian Federation, territorial election commissions
together with the documents transferred to them for safe storage by precinct
election commissions shall be held in safe storage for the periods established
by the legislation of the Russian Federation.
3. The safe
storage period for ballots, absentee certificates, voters’ lists and signature
lists shall be not less than one year from the day of the official publication
of the results of the election of deputies of the State Duma.
4. The first
copies of the protocols of voting results, protocols of the results of the
election of deputies of the State Duma, summary tables of the election
commissions, the reports of the election commissions on the receipt and
expenditure out of federal budget funds allocated for preparation and conduct
of the elections, the final financial reports of the political parties that
registered federal lists of candidates, their regional branches shall be held
in safe storage not less than five years from the day of the official
publication of the results of the election of deputies of the State Duma.
5. If a
complaint (application) concerning the decision of an election commission on
voting results, results of the election of deputies of the State Duma is
pending at court or if a criminal case was initiated in connection with the
violation of the electoral rights of citizens of the Russian Federation, the
safe storage periods of the relevant election documents shall be extended for
as long as necessary until the court decision becomes legally effective or the
case is dismissed in accordance with the law.
6. Until the
documents connected with preparation and conduct of the election of deputies of
the State Duma are transferred to superior election commission or to the
archives or until these documents are disposed of upon the expiry of their safe
storage periods, the responsibility for their preservation shall be imposed on
the chairman (deputy chairman) and the secretary of the relevant election
commission.
Chapter 12.FILLING OF VACANT DEPUTY SEATS
Article 89.Filling of Vacant Deputy Seats, Removal of Registered Candidate From the Federal List of Candidates Admitted to Distribution
of Deputy Seats, Federal List of Candidates Received Deputy Seats
(as amended by the Federal Law of May 12, 2009,
No.94-FZ)
(as amended by the Federal Law of April 26, 2007,
No.64-FZ)
1. If the powers
of a deputy of the State Duma are terminated before the expiry of their period,
the permanent collective leading body of the political party of which federal
list of candidates the deputy was elected may propose to the Central Election
Commission the name of some other registered candidate from the same federal
list of candidates to fill the vacant deputy seat. Such name shall be proposed
out of the number of registered candidates included in the same regional group
of candidates (in the all-federal part of the federal list of candidates) as
the deputy of the State Duma whose powers were terminated. If only registered
candidates occupying deputy seats and (or) registered candidates, who do not occupy
deputy seats and who informed the aforementioned body of the political party in
writing on their refusal to fill this vacant deputy seat, remain in the given
regional group of candidates, the aforementioned body of the political party
may propose the name of a registered candidate from another regional group of
candidates (from the all-federal part of the federal list of candidates).
Candidates for filling a vacant deputy seat shall be proposed in accordance
with the procedures set forth in the statutes of the given political party. In
this case, the Central Election Commission of the Russian Federation shall
transfer the vacant deputy seat to the registered candidate proposed by the
aforementioned body of the political party.
2. If, within 14
days of the day of the early termination of powers of a deputy of the State
Duma, the political party does not use its right mentioned in Clause 1 of this
Article, the Central Election Commission of the Russian Federation in the order
stipulated by Clause 9, Article 82.1 or Clause 8, Article 83 of this Federal
Law, shall transfer the vacant deputy seat to another registered candidate from
the federal list of candidates of the deputy of the State Duma whose powers
were terminated. Such deputy seat shall not be transferable to a candidate who
already received a deputy seal earlier and whose powers were terminated, if his
vacant seat has not been filled.
(as amended by the Federal Laws of May 12, 2009, No.94-FZ, of
July 25, 2011, No.263-FZ)
3. A registered
candidate included in the federal list of candidates admitted to distribution
of deputy seats (federal list of candidates received deputy seats in accordance
with Article 82.1 of this Federal Law) may participate in the filling (receipt)
of deputy seat not more than two times.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
4. A registered
candidate included in the federal list of candidates admitted to distribution
of deputy seats (federal list of candidates received deputy seats in accordance
with Article 82.1 of this Federal Law) shall be removed from the said list if:
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
1) registered
candidate submits a written application for withdrawal from the federal list of
candidates admitted to distribution of deputy seats (federal list of candidates
received deputy seats in accordance with Article 82.1 of this Federal Law);
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
2) registered candidate loses the right to be elected;
3) registered candidate joined a political party other than
that in which federal list of candidates he was included;
4) registered candidate exercises the right mentioned in Clause
3 of this Article;
5) registered candidate is declared missing or deceased on the
basis of a court decision which became legally effective;
6) death of the registered candidate.
5. A decision to
remove a registered candidate from the federal list of candidates admitted to
distribution of deputy seats (federal list of candidates received deputy seats
in accordance with Article 82.1 of this Federal Law) on the grounds set forth
in Clause 4 of this Article shall be taken by the Central Election Commission
of the Russian Federation.
(as amended by the Federal Law of May 12, 2009, No.94-FZ)
6. If no
registered candidates eligible to fill a vacant deputy seat remain in the
federal list of candidates admitted to distribution of deputy seats, this
deputy seat shall remain vacant till the next election of deputies of the State
Duma, except the circumstances mentioned in Clause 10, Article 83 of this
Federal Law.
7. If no
registered candidates eligible to fill a vacant deputy seat remain in the
federal list of candidates that received deputy seat in accordance with Article
82.1. of this Federal Law, this deputy seat shall
remain vacant till the next election of deputies of the State Duma.
(Clause 7
introduced by the Federal Law of May 12, 2009, No.94-FZ)
Chapter 13.COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL
RIGHTS OF CITIZENS AND THE RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF
THE RUSSIAN FEDERATION ON THE ELECTION OF DEPUTIES OF THE STATE DUMA
Article 90.Appealing Decisions and Actions (Inaction) Violating Electoral
Rights of Citizens. Control Exercised by Election Commissions over Observance
of Electoral Rights of Citizens
1. Appeals of
decisions and actions (omissions) which violate the electoral rights of
citizens shall be submitted in accordance with the procedure and within periods
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."
2. Election
commissions shall be obliged, within the scope of their competence, to consider
the applications which they receive in the course of the election campaign
concerning violations of this Federal Law, other Federal Laws as regards to
regulation of preparation and conduct of the elections; carry out inquires in
connection with these applications; provide written answers to the claimants
within five days but not later than the day preceding the voting day, and
respond immediately to applications received on the voting day or the next day.
If additional verification of the facts mentioned in these applications is
required, the decisions on such applications shall be taken within ten days. If
the application cites the facts of violation of the provisions of this Federal
Law, other Federal Laws regulating preparation and conduct of the elections, by
any political party that nominated a federal list of candidates or by a candidate,
the representatives of this political party or the candidate shall be
immediately informed on receipt of such application. These persons may give
explanations to the point of the application.
3. If a
political party or a candidate violates this Federal Law, the Central Election
Commission of the Russian Federation, the election commission of the subject of
the Russian Federation may, within the scope of their competence, issue a
warning to this political party, this candidate, which shall be made known to
voters through the mass media or by some other method.
Article 91.Grounds for Cancellation of Registration of Lists of Candidates,
Reversal of the Decision of the Central Election Commission of the Russian
Federation to Register a List of Candidates or Refuse to Register a List of
Candidates, Removal of Candidate from List of Candidates, Cancellation of
Registration of List of Candidates
(as amended by the Federal Law of April 26, 2007, No.64-FZ)
1. The
registration of a federal list of candidates shall be cancelled by a decision
of the Central Election Commission of the Russian Federation on the basis of a
decision of the political party to recall the federal list of candidates
submitted to the Central Election Commission of the Russian Federation in
accordance with Article 49 of this Federal Law.
2. The
registration of a federal list of candidates shall be cancelled if the number
of candidates who were removed from this list of candidates on the basis of the
statements of candidates about their refusal to participate in the election of
deputies of the State Duma, by the decision of the political party to remove a
candidate from the federal list of candidates (except the removal because of
compelling circumstances) on the grounds set forth in Clause 4, Article 44 of
this Federal Law and Clause 9 of this Article, and also in connection with the
removal from the federal list of candidates of regional groups of candidates,
exceeds 25 percent of the number of candidates in a certified federal list of
candidates.
3. The
registration of a federal list of candidates shall be cancelled if, after
removal of candidates from this federal list of candidates, removal of regional
groups of candidates from this list, less than 70 regional groups of candidates
remain in this list, save as otherwise provided by Clause 4 of this Article.
(as amended by the Federal Law of February 23, 2011,
No.17-FZ)
4. If, after
removal of regional groups of candidates on the grounds set forth in Clause 10
of this Article, the number of regional groups of candidates remaining in a
federal list of candidates is less than 70 and if not more than 10 regional
groups of candidates were removed, the registration of this federal list of
candidates shall be cancelled provided that the removal of candidates from the
list results in less than 60 regional groups of candidates remaining in this
list.
(as amended by the Federal Laws of February 23, 2011,
No.17-FZ, of July 25, 2011, No.262-FZ)
5. The
registration of a candidate included in a federal list of candidates shall be
cancelled by the Central Election Commission of the Russian Federation if the
candidate loses his right to be elected.
6. The
registration of a federal list of candidates shall be cancelled by the Central
Election Commission of the Russian Federation on the basis of a legally
effective court decision to suspend the activity of the political party that
nominated this federal list of candidates or in the event of the liquidation of
this political party.
7. The decision
of the Central Election Commission of the Russian Federation to register a
federal list of candidates, to refuse to register a federal list of candidates
may be reversed by the Supreme Court of the Russian Federation on the basis of
a petition of the Central Election Commission of the Russian Federation, the
political party in respect of which such decision is taken, some other
political party that registered a federal list of candidates, if it was
established that the decision was taken by the Central Election Commission of
the Russian Federation in violation of the requirements set forth in Clause 3,
Article 44 of this Federal Law, other requirements of this Federal Law.
8. The
registration of a federal list of candidates nominated by a political party may
be cancelled by the Supreme Court of the Russian Federation on the basis of a
petition of the Central Election Commission of the Russian Federation or some
other political party that registered a federal list of candidates, not later
than in five days before the voting day in the following cases:
1) new circumstances are revealed that constitute a ground for
the refusal of registration of the federal list of candidates in accordance
with Paragraph 1, 4.1, 4.2, 7, 8 or 10, Clause 3, Article 44 of this Federal
Law. “New circumstances” shall mean the circumstances which existed when a
decision was taken to register the federal list of candidates but which were
not known and could not be known to the Central Election Commission of the
Russian Federation;
(as amended by the Federal Law of February 9, 2009, No.3-FZ)
2) the leader of the political party repeatedly abused his
office or official position;
3) it was
established that voters were bribed by the political party, its attorney,
authorized representative, including an authorized representative for financial
issues, or by some other person or organization acting on their instructions;
4) expenditure
made by the political party, its authorized representative for financial issues
from sources other than the electoral fund of the political party and electoral
funds of its regional branches to achieve a definite result in the elections
exceeds 5 percent of the maximum limit of all expenditure out of electoral fund
of a political party established by this Federal Law;
5) expenditure
made by the political party, its authorized representative for financial issues
out of electoral fund exceeds by more than 5 percent the maximum limit of all
expenditure out of electoral fund of a political party established by this
Federal Law;
6) the political
party failed to observe the restrictions imposed by Clause 1 or 1.1, Article 56
of the Federal Law "On Basic Guarantees of Electoral Rights and the Right
of Citizens of the Russian Federation to Participate in a Referendum"; a
candidate included in the registered federal list of candidates failed to
observe the restrictions imposed by Clause 1, Article 56 of this Federal Law,
if the political party that nominated this federal list of candidates does not
remove this candidate from the list as provided by Clause 11 of this Article;
7) the political party that registered a federal list of
candidates repeatedly failed to comply with the restrictions set forth in
Clause 5.2, Article 62 of this Federal Law;
8) it was
established that during the period mentioned in Paragraph 4, Clause 4.2,
Article 5 of this Federal Law (but before nomination of a federal list of
candidates) this political party carried out the activity mentioned in
Paragraph “g,” Clause 8, Article 76 of the Federal Law "On Basic Guarantees
of Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum" or a similar fact was established in respect
of any candidate included in the registered federal list of candidates during
the aforementioned period (but before the citizen acquired the status of a
candidate) if the political party that nominated this federal list of
candidates does not remove this candidate from the list as provided by Clause
11 of this Article.
9. The
registration of a candidate included in a registered federal list of candidates
nominated by the political party may be cancelled by the Supreme Court of the
Russian Federation on the basis of a petition of the Central Election
Commission of the Russian Federation or some other political party that
registered a federal list of candidates in the following cases:
1) new circumstances were revealed that constitute a ground for
the removal of the candidate from the federal list of candidates in accordance
with Paragraph 1, 2, 3, 4, or 6, Clause 4, Article 44 of this Federal Law. “New
circumstances” shall mean the circumstances which existed when a decision was
taken to register the federal list of candidates but which were not known and
could not be known to the Central Election Commission of the Russian
Federation;
2) the candidate repeatedly abused his office or official
position;
3) the candidate failed to observe the restrictions imposed by
Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to
Participate in a Referendum";
4) it was established that a candidate concealed the
information on his record of conviction;
5) it was established that voters were bribed by the candidate
or a person or organization acting on such instructions.
10. A regional
group of candidates may be removed from a federal list of candidates by a
decision of the Supreme Court of the Russian Federation taken on the basis of a
petition of the Central Election Commission of the Russian Federation if this
regional group of candidates exceeded the expenditure out of electoral funds of
the given regional group of a political party by more than 5 percent of the
maximum limit of all expenditure out of this electoral fund determined in accordance
with this Federal Law.
11. The
political party in respect of which proceedings were initiated in connection
with the protection of electoral rights of citizens on the grounds set forth in
Paragraph 6 or 8, Clause 8 of this Article may remove from its federal list of
candidates the candidate whose actions were challenged in a lawsuit. The
proceedings in this case may be terminated if such candidate is removed from
the federal list of candidates before adoption of a court decision in this
case.
12. If a
political party failed to observe the restrictions imposed by Clause 1, Article
56 of the Federal Law "On Basic Guarantees of Electoral Rights and the
Right of Citizens of the Russian Federation to Participate in a
Referendum" or a citizen, a political party performed activities
mentioned, respectively, in Paragraph “g,” Clause 7 and Paragraph “g,” Clause
8, Article 76 of the aforementioned Federal Law before the citizen acquired the
status of a candidate, before the political party nominated a federal list of
candidates, the registration of the federal list of candidates may be cancelled
on the basis of a prosecutor’s motion.
13. A petition
for canceling registration of a candidate or a federal list of candidates, for
the removal of a regional group of candidates from a federal list of candidates
may be filed with a court not later than in eight days before the voting day.
Article 92.Reversal of Decision of Election Commission on Voting Results,
Results of Election of Deputies of the State Duma
1. In the event
of any violations of this Federal Law, the Federal Law "On Basic
Guarantees of Electoral Rights and the Right of Citizens of the Russian
Federation to Participate in a Referendum" in the conduct of voting or
establishment of voting results, superior election commission, before it
establishes the voting results and the election results, may reverse the
decision of a subordinate election commission on the voting results and order a
vote recount or, if the violations do not allow reliable establishment of the
results of the expression of the voters' will, it may cancel the voting
results, election results.
2. After the
voting results and the results of the election of deputies of the State Duma
were established, the decision of a subordinate election commission may be
reversed only by a court, or a court may rule that changes be made to the
protocol of the election commission and (or) the summary table. The election
commission shall inform the Central Election Commission of the Russian
Federation of its decision to file a petition with a court to cancel the voting
results or make changes to the protocol and (or) the summary table. If the
court rules that changes be made to the protocol of the election commission and
(or) the summary table, the election commission that prepared this protocol and
(or) summary table shall prepare a new protocol of voting results marked
“Repeat” and (or) a new summary table marked “Repeat.”
3. Having
reversed the decision of an election commission on the voting results the court
of an appropriate level may also order vote recount, if any violations of this
Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and
the Right of Citizens of the Russian Federation to Participate in a
Referendum" were committed in the conduct of voting or establishment of
voting results. If the violations do not allow reliable establishment of the
results of the expression of the voters' will, the court may invalidate the
voting results.
4. A court may
reverse the decision of the Central Election Commission of the Russian
Federation on the results of the election of deputies of the State Duma after
the establishment of these results on the basis of at least one of the
following facts determined by the court:
1) expenditure
made by any political party, which federal list of candidates was admitted to
distribution of deputy seats, out of sources other than its electoral fund and
electoral funds of its regional branches to finance its election campaign
exceeds 10 percent of the maximum limit of all expenditure out of electoral
fund of a political party established by this Federal Law;
2) a political party, whose federal lists of candidates was
admitted to distribution of deputy seats, was bribing voters and this violation
does not allow establishment of the real will of the voters;
3) in the course
of election campaigning a political party, whose federal lists of candidates
was admitted to distribution of deputy seats, failed to comply with the
requirements of Clause 1, Article 62 of this Federal Law and this does not
allow establishment of the real will of the voters;
4) the leader of
a political party, whose federal lists of candidates was admitted to
distribution of deputy seats, abused his office or official position and this
violation does not allow establishment of the real will of the voters.
5. Apart from
the grounds listed in Clause 4 of this Article the court of an appropriate
level may also reverse the decision of an election commission on the voting
results and results of the election of deputies of the State Duma in the event
of the violation of the rules for preparation of voters’ lists and the
procedure for the formation of election commissions; unlawful refusal to
register a federal list of candidates admitted as such after the voting day;
other violations of the election legislation of the Russian Federation if such
violations do not allow establishment of the real will of the voters.
6. If the
committed violations do not allow reliable establishment of the expression of
the real will of the voters, the reversal by a court of a decision on the
results of the election of deputies to the State Duma shall results in
invalidation of the election results.
7. The decision
of an election commission on the voting results shall not be reversed and the
voting results and election results shall not be invalidated because of
violations of this Federal Law which were conducive to the election of
candidates or aimed to encourage or encouraged voters to vote for federal lists
of candidates that were not admitted to distribution of deputy seats on the
basis of the voting results.
8. Violations
mentioned in Clause 4 of this Article, which were committed by certain
political parties, may result in cancellation by a court of the decision to
admit the federal lists of candidates nominated by these political parties to
distribution and redistribution of deputy seats.
8.1. Violations
mentioned in Clause 4 of this Article, which were committed by a political
party, the federal list of candidates of which received a deputy seat in
accordance with Article 82.1 of this Federal Law, may result in cancellation by
a court of the decision to provide the federal list of candidates of this
political party a deputy seat. In this event a deputy seat shall remain vacant
till the next election of deputies of the State Duma.
(Clause 8.1.
introduced by the Federal Law of May 12, 2009, No.94-FZ)
9. If a regional
group of candidates violated the requirements of this Federal Law by exceeding
the expenditure out of the electoral fund of the relevant branch of the
political party by more than 10 percent over and above the maximum limit of all
expenditure out of this electoral fund, the decision on provision of deputy
seats to this regional group of deputies shall be cancelled by a court and
there shall be no redistribution of deputy seats within the federal list of
candidates.
10. If voting
results in some election precinct, territory, subject of the Russian Federation
are invalidated after the superior election commission completed preparation of
the protocol of voting results, election results, this election commission
shall be obliged to prepare a new protocol of voting results, election results
marked “Repeat.”
11. On the basis
of the protocols of voting results marked “Repeat” or “Vote Recount” prepared
after superior election commission prepared the protocol of voting results,
election results and the summary table, appropriate changes shall be made to
this protocol and this summary table by superior election commission.
Article 93.Responsibility for Violation of the Legislation of the Russian
Federation on the Election of Deputies of the State Duma
The
responsibility for the violation of the legislation of the Russian Federation
on the election of deputies of the State Duma shall be established by the
Federal Laws.
Chapter 14. CONCLUDING AND TRANSITIONAL PROVISIONS
Article 94. Entry into Force of this Federal Law
1. This Federal
Law shall enter into force on December 7, 2006 with the exception of Clause 6
of this Article.
2. Clause 6 of
this Article shall take effect from the day of the official publication of this
Federal Law.
3. The Federal
Law shall apply to the election of deputies of the State Duma of the
convocation to be elected after its entry into force.
4. From December
7, 2006 the following legislative provisions shall be declared null and void:
1) Articles 1 -
85, Article 87, Clauses 3 - 5 of Article 88, Articles 89 - 91, Clauses 2 - 4 of
Article 92, Articles 93 - 99, Annexes 1 - 5 of the Federal Law of December 20,
2002, No.175-FZ “On the Election of Deputies of the State Duma of the Federal
Assembly of the Russian Federation” (Collection of Laws of the Russian
Federation, 2002, No. 51, Art. 4982);
2) The Federal
Law of June 23, 2003, No.82-FZ “On the Introduction of Amendments to Clause 2,
Article 5 of the Federal Law “On the Election of Deputies of the State Duma of
the Federal Assembly of the Russian Federation” (Collection of Laws of the
Russian Federation, 2003, No. 26, Art. 2571);
3) Article 2 of
the Federal Law of June 23, 2003, No.83-FZ “On the Introduction of Amendments
and Supplements to Paragraph “g,” Clause 5, Article 40 of the Federal Law
"On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum" and Paragraph 8, Clause
4, Article 49 of the Federal Law “On the Election of Deputies of the State Duma
of the Federal Assembly of the Russian Federation” (Collection of Laws of the
Russian Federation, 2003, No. 26, Art. 2572);
4) The Federal
Law of June 23, 2003, No.84-FZ “On the Introduction of Amendments to Paragraph
2, Clause 4, Article 98 of the Federal Law “On the Election of Deputies of the
State Duma of the Federal Assembly of the Russian Federation” (Collection of
Laws of the Russian Federation, 2003, No. 26, Art. 2573);
5) Articles 2
and 3 of the Federal Law of June 23, 2003, No.85-FZ “On the Introduction of
Amendments to Article 36 of the Federal Law “On Political Parties” and the
Introduction of Amendments and Supplements to the Federal Law “On the Election
of Deputies of the State Duma of the Federal Assembly of the Russian
Federation” (Collection of Laws of the Russian Federation, 2003, No. 26, Art.
2574);
6) The Federal
Law of July 4, 2003, No.93-FZ “On the Approval of the Scheme of Single-Seat
Electoral Districts for the Conduct of the Election of Deputies of the State
Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of
the Russian Federation, 2003, No. 27, Art. 2707).
5. As of the day
of the termination of powers of the State Duma acting as of the day on which
this Federal Law enters into force, the Federal Law of December 20, 2002,
No.175-FZ “On the Election of Deputies of the State Duma of the Federal
Assembly of the Russian Federation” (Collection of Laws of the Russian
Federation, 2002, No. 51, Art. 4982) shall be declared null and void.
6. In the event
of the dissolution of the State Duma of the convocation acting as of the day of
the official publication of this Federal Law, this Federal Law shall enter into
force and the Federal Laws and separate provision of the Federal Laws mentioned
in Clause 4 of this Article shall be declared null and void from the day of the
official publication of the decree of the President of the Russian Federation
dissolving the State Duma of the aforementioned convocation.
Article 95. Transitional Provisions
1. Non-voting
members of election commissions, appointed before this Federal Law enters into
force by an electoral bloc whose federal list of candidates was admitted to
distribution of deputy seats in the State Duma of the convocation acting as of
the day on which this Federal Law enters into force, shall exercise their
powers until the expiry of the period of these powers. If, after this Federal
Law enters into force, the powers of these members of election commissions are
terminated by a decision of the body of the electoral bloc, such powers shall
not be transferable to any other person.
2. If the
municipal formation has no head of the local administration and the statutes of
the municipal formation does not designate a person authorized to carry out
electoral actions in accordance with this Federal Law, then these electoral
actions shall be carried out by the higher official of the subject of the Russian
Federation (head of the highest executive body of state power of the subject of
the Russian Federation) or by some other official appointed by him.
V. PUTIN
President
of the Russian Federation
Moscow, Kremlin
May 18, 2005
No. 51-FZ