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Article 40
 
Article 40. Restrictions Connected with Office or Official Position
1. Candidates who occupy state or municipal offices or are in state or municipal service as well as candidates who are officials in mass media organizations or are employees of such organizations shall not take advantage of their office or official position when conducting their election campaigns.
2. Registered candidates occupying state offices of category A in the bodies of executive power, or offices in the bodies of judicial power, or elective municipal offices (with the exception of deputies of representative bodies of local self-government) as well as registered candidates who are in state and municipal service or work in mass media organizations (with the exception of the editorial offices of print media founded by candidates, political parties) shall, for the period of their participation in the election, be relieved from their official duties and shall submit certified copies of relevant orders to the election commission which registered them, within three days of the day of registration, with the exception of the case referred to in Clause 3 of this article. It may be established by the law of a subject of the Russian Federation that at elections of representative bodies of local self-government, if there is a certain number of voters in an electoral district (which shall not exceed five thousand voters), registered candidates who are in state service shall not be relieved from their official duties.
3. The President of the Russian Federation (the Chairman of the Government of the Russian Federation who in accordance with the Constitution of the Russian Federation is the acting President of the Russian Federation and is a registered presidential candidate) shall continue to exercise his powers. However, he shall be prohibited from taking advantage of his official position.
4. In the period of an election campaign, a referendum campaign, persons who are not candidates and occupy state or municipal offices or are in state or municipal service shall not take advantage of their offices or official position to promote nomination and/or election of a candidate, list of candidates, advancement or furthering of a referendum initiative, to obtain a certain answer to the referendum question.
5. Under this Federal Law, taking advantage of an office or official position means:
a) involvement of persons who are subordinate to or otherwise dependent on a candidate in the line of duty, other state and municipal employees in activities carried out during the working hours to promote nomination and/or election of a candidate, advancement or furthering of a referendum initiative, to obtain a certain answer to the referendum question;
b) use of premises occupied by state bodies or bodies of local self-government for activities promoting nomination and/or election of candidates, advancement or furthering of a referendum initiative, obtaining a certain answer to the referendum question, if the use of the same premises is not guaranteed to other candidates on the same terms and conditions;
c) use of telephone, fax and other means of telecommunication, information services, office equipment of state bodies or bodies of local self-government, state and municipal institutions or bodies of local self-government for election campaigning, campaigning on the referendum questions;
d) use of state- or municipality-owned transport facilities at no charge or reduced charges for activities promoting nomination and/or election of candidates, advancement or furthering of a referendum initiative, obtaining a certain answer to the referendum question. This provision shall not apply to persons using the said transport facilities in accordance with the Russian Federation laws on the security services provided by the state;
e) collection of signatures or election campaigning, campaigning on the referendum questions carried out by persons who occupy state and municipal offices or are in state or municipal service during business trips paid for from the state or municipal funds;
f) preferential access (compared to other candidates, referendum participant groups) to the state and municipal mass media for collection of signatures, election campaigning, or campaigning on the referendum questions;
g) propaganda speeches at mass events organized in the period of an election campaign, a referendum campaign by a state and/or municipal body, organization, with the exception of a speech at the events indicated in Clause 6, Article 53 of this Federal Law; or, in the period of an election campaign, publication in mass media, in printed propaganda materials of work progress reports, distribution, on behalf of a citizen who is a candidate, of congratulations or other materials, if such publication or distribution has not been paid for out of the relevant electoral fund;
6. Compliance with the restrictions listed in Clause 5 of this article must not prevent deputies, the President of the Russian Federation from exercising their powers and performing their obligations to voters.
7. Officials, journalists and other persons holding creative jobs in mass media organizations (with the exception of the editorial offices of print media founded by candidates, political parties) shall not participate in highlighting an election campaign in the mass media if these persons are candidates, or authorized representatives of candidates, electoral associations, electoral blocs.