Home > 2.1.3 Jurisdictions > RUSSIAN FEDERATION - Basic Guarantees of Electoral Rights and the Right of Citizens to Participate in a Referendum
 
 
 
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Article 75
 
Article 75. Appealing against decisions and actions (omissions) that violate electoral rights and the right of citizens of the Russian Federation to participate in a referendum
1. Appeals against decisions and actions (omissions) of bodies of state power, of bodies of local self-government, public associations and officials, as well as against decisions and actions (omissions) of commissions and their officials that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to a court.
2. Appeals against decisions and actions (omissions) of the Central Election Commission of the Russian Federation shall be submitted to the Supreme Court of the Russian Federation, appeals against decisions and actions (omissions) of the election commissions of subjects of the Russian Federation, district election commissions at elections of federal bodies of state power, district election commissions at elections of legislative (representative) bodies of state power of subjects of the Russian Federation shall be submitted to the supreme courts of the republics, regional courts, courts of cities of federal significance, courts of autonomous regions and districts, appeals against actions or omissions of the other commissions shall be submitted to district courts.
3. Court decisions shall be binding on the relevant commissions.
4. Appeals against decisions of commissions about vote returns, results of an election, referendum shall be submitted to courts of the relevant level in accordance with the jurisdictions set forth in Clause 2 of this article. A court of the appropriate level shall consider on the substance not only the actions (omissions) of the election commission organizing the election, the relevant referendum commission, but also the actions (omissions) of all lower commissions that participated in the organization and conduct of the election, referendum in accordance with the law, if violations committed by such commissions could affect the results of the election, referendum.
5. In the circumstances established by this Federal Law, another law, a court may annul the decision of a relevant commission on vote returns, results of an election, referendum or another decision of the commission.
6. Appeals against decisions and actions (omissions) of commissions and their officials that violated electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to the commission of the next higher level which shall, without forwarding the appeal to the lower commission, with the exception of the case when the circumstances stated in the appeal were not considered by the lower commission, consider the appeal and make one of the following decisions:
?) leave the appeal without remedy;
b) cancel the disputed decision in full or in part (declare an action (omission) illegal) and make a decision on the substance;
c) cancel the disputed decision in full or in part (declare an action (omission) illegal) and demand the lower commission to reconsider the issue and make a decision on the substance (perform a certain action).
7. Appeals against decisions or actions (omissions) of the municipality election commission or an official thereof that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to the election commission of the subject of the Russian Federation, and appeals against decisions or actions (omissions) of the election commission of a subject of the Russian Federation or an official thereof that violate electoral rights of citizens and the right of citizens to participate in a referendum shall be submitted to the Central Election Commission of the Russian Federation. The election commission of the subject of the Russian Federation, the Central Election Commission of the Russian Federation shall take a decision in accordance with Clause 6 of this article.
8. A prior application to a higher commission, the election commission of a subject of the Russian Federation, the Central Election Commission of the Russian Federation shall not be a prerequisite for submitting an appeal in court.
9. If an appeal is accepted for consideration by a court, and the same person applies to the relevant commission with a similar appeal, this commission shall suspend consideration of the appeal until the court decision becomes effective. The court shall notify the commission that such appeal is received and accepted for consideration. If the court makes a decision on the substance of the appeal, the commission shall terminate the consideration of the appeal.
10. Appeals against decisions and actions (omissions) that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted by voters, referendum participants, candidates, their agents, electoral associations, electoral blocs and their agents, other public associations, a referendum initiative group, observers, and commissions. If violations referred to in such appeal (appeals) affect a significant number of citizens or became due to other circumstances of a particular public significance, the Central Election Commission of the Russian Federation shall be entitled to apply to the Supreme Court of the Russian Federation which shall consider the appeal on the substance.
11. Courts and bodies of prosecution shall organize their work (including on days-off) so as to ensure timely consideration of appeals and grievances.
12. When grievances (appeals) are considered, and in other cases when an issue of violation of electoral rights of citizens and the right of citizens to participate in a referendum is considered, the concerned parties (the authors of the grievances (appeals), persons whose actions (omissions) are considered) shall be invited to the meeting of the commission.