Home > 1. The principles of Europe's electoral heritage > RUSSIAN FEDERATION - Basic Guarantees of Electoral Rights and the Right of Citizens to Participate in a Referendum
 
 
 
Download file    
 
 
Article 31
 
Article 31. Dissolution of Commission
1. A commission may be dissolved by a court of appropriate jurisdiction established by Clause 2, Article 75 of this Federal Law in the event thatif:
a) a violation of the electoral rights of citizens, the right of citizens to participate in a referendum committed by the commission infringement resulted in the fact that the vote returns in the corresponding territory or the results of the elections, referendum were declared null and void by the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation in accordance with the procedure established by this Federal Law, another law (among other things, on the basis of a court decision);
b) failure, on the part of the commission, fails to abide by a decision of a court or a higher commission, decisions of the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation adopted in accordance with Clause 7, Article 75 of this Federal Law.
2. An application asking for dissolution of the Central Election Commission of the Russian Federation may be submitted to a court by a group numbering not less than one-third of the total number of members of the Federation Council of the Federal Assembly of the Russian Federation or deputies of the State Duma of the Federal Assembly of the Russian Federation.
3. An application asking for dissolution of the election commission of a subject of the Russian Federation, a district election commission forat elections to elections of federal bodies of state power may be submitted to a court by a group numbering not less than one-third of the total number of members of the Federation Council of the Federal Assembly of the Russian Federation or deputies of the State Duma of the Federal Assembly of the Russian Federation or not less than one-third of the total number of deputies of the legislative (representative) body of the relevant subject of the Russian Federation, or by a group of deputies of any elective chamber of the aforementioned body numbering not less than one-third of the total number of deputies of this chamber, and also by the Central Election Commission of the Russian Federation.
4. An application asking for dissolution of a district election commission forat elections to elections of the legislative (representative) body of a subject of the Russian Federation, the representative body of local self-government, the a municipality election commission of a municipality, a territorial, a precinct commission may be submitted to a court by a group of deputies numbering not less than one-third of the total number of deputies of the legislative (representative) body of the given subject of the Russian Federation, or by a group of deputies of any elective chamber of the aforementioned body numbering not less than one-third of the total number of deputies of this such chamber, or by a group of deputies of the appropriate representative body of local self-government numbering not less than one-third of the total number of deputies of this body and also by the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation.
5. An application to a court asking for about dissolution of a commission organizing an election, a referendum may be submitted to a court after the end of the election campaign, the referendum campaign but not later than three months after the day on which the election campaign, the referendum campaign ends. An application to a court about dissolution of another commission may be submitted not later than 30 days before voting day or after the end of the election campaign, the referendum campaign but not later than three months after the grounds for dissolution of the commission emerge. In the event of a repeat voting, an application to a court about dissolution of a precinct commission may also be submitted in the period after the vote returns in this precinct have been determined but not later than seven days before the day of the repeat voting.
6. An application asking for for dissolution of a commission shall be accepted for consideration immediately and a decision shall be taken thereon shall be decided upon not later than 14 days after its acceptance, and in the period of an election campaign, a referendum campaign, not later than three days after the day on which the application is submitted. A case of dissolution of a commission shall be examined by a court in a full session.
7. In the event aIf a court makes a decisionrules that the Central Election Commission of the Russian Federation be dissolved, this the said commission shall be formed in accordance with Article 21 of this Federal Law.
8. In the event a court makes a decisionIf , in the period of an election campaign, a referendum campaign, a copurt rules that the election commission of a subject of the Russian Federation be dissolved, the Central Election Commission of the Russian Federation shall form, in compliance with the provisions of Clause 1, Article 29 of this Federal Law, a provisional election commission of the subject of the Russian Federation composed of new members. After the end of the period of the election campaign, the referendum campaign, the election commission of the subject of the Russian Federation shall be formed by bodies of state power of the subject of the Russian Federation in compliance with provisions of Clauses 22 and 23 of this Federal Law.
9. In the event a court makes a decisionIf , in the period of an election campaign, a referendum campaign, a court rules that the a municipality election commission be dissolved, the higher commission, and if no such commission is available, the election commission of the subject of the Russian Federation, shall forms, in compliance with Clause 1, Article 29 of this Federal Law, a provisional commission of the municipality comprised of new members. After the end of the period of the election campaign, the referendum campaign, the municipality commission of the municipality shall be formed by the representative body local self-government in compliance with the provisions of Clauses 22 and 24 of this Federal Law.
10. In the event If a court makes a decision to dissolveordersrules that dissolution of any commissions other than those referred to in Clauses 8 and 9 of this article be dissolved, such commissions composed of new members shall be formed to be comprised of new members by higher commissions in the period of an election campaign, a referendum campaign in compliance with provisions of Clause 1, Article 29 of this Federal Law, and after the end of the period of the election campaign, the referendum campaign, in compliance with provisions, Articles 22, 25, 26 of this Federal Law
11. An interimA provisional commission shall be formed not later than three days after of the the effective date date whenof the court decision ruling to on dissolution oflve a commission came into legal force. Beyond the period of an election campaign, a referendum campaign, a new commission shall be formed not later than one month after of the day when the effective date of the court decision to dissolveruling on dissolution of a commission came into legal force (after the end datelast day of the election campaign, the referendum campaign). In this case, the first meetings of such commissions shall be convened by the body that has formed them.
12. Dissolution of a commission shall not entail termination of powers of non-voting members of such commission.