Home > 2.1.3 Jurisdictions > RUSSIAN FEDERATION - Federal Law on Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation
 
 
 
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Article 99
 

1. Registration of a federal list of candidates shall be annulled by decision of the Central Election Commission on the basis of a decision of a political party to revoke the federal list of candidates submitted to the Central Election Commission in accordance with Article 56 of this Law.


2. Registration of a federal list of candidates shall be annulled by decision of the Central Election Commission if the number of candidates, who were taken off the list following their declaration to withdraw from participation in elections to the State Duma, by a decision of a political party to exclude candidates from the federal list of candidates (except for withdrawal due to compelling circumstances), for the reasons stipulated in part 4 of Article 50 of this Law and part 7 of this Article, as well as due to exclusion from the federal list of candidates of regional groups of candidates, exceeds 25 per cent of the number of candidates in the certified federal list of candidates. Registration of the federal list of candidates shall also be annulled in case of withdrawal of candidates, exclusion of regional groups of candidates, resulting in less than 20 regional groups of candidates on this list.


3. Registration of a federal list of candidates shall be annulled by decision of the Central Election Commission on the basis of a final court decision to suspend the political party that nominated a federal list of candidates, or in the event of its liquidation.


4. Registration of a candidate shall be annulled by decision of the election commission that registered the candidate on the basis of his application to withdraw his candidacy submitted to that election commission.


5. Registration of a candidate shall be annulled by decision of the election commission that registered the candidate of his lack of the right of passive suffrage.


6. The initial registration of a candidate nominated for a single-mandate electoral district shall be annulled by decision of the district election commission in case of changes, in accordance with part 7 of Article 40 of this Law, to the single-mandate electoral district for which the candidate was initially nominated.


7. Decision of the district election commission on candidate registration shall be annulled by the Central Election Commission in case of violation of the requirements stipulated by part 6 of Article 51 of this Federal Law. In such case all decisions on candidate registration shall be annulled, except for the first.


8. Decision of the Central Election Commission on registration of the federal list of candidates, on refusal to register a federal list of candidates may be overturned by the Supreme Court of the Russian Federation upon application of the Central Election Commission, a political party in respect of which the decision was made, another political party whose federal list of candidates was registered, if it shall be determined that the decision of the Central Election Commission was adopted in violation of the requirements stipulated by part 3 of Article 50 of the present Federal Law, or other requirements of this Federal law.


9. Decision of a district election commission on registration of a candidate, on refusal to register a candidate may be overturned by the supreme court of a republic, by a district or regional court, court of the autonomous district, court of the autonomous region, and decision of a district election commission – also by the Central Election Commission according to Article 75 of the Federal Law “On Basic Guarantees”, upon application of the district election commission, the candidate in respect of whom the decision was made, or a candidate registered in the same electoral district, if it shall be determined that the decision of the district election commission was adopted in violation of the requirements stipulated by part 7 of Article 51 of the present Federal Law, or other requirements of this Federal law.


10. Registration of a federal list of candidates nominated by a political party may be cancelled by the Supreme Court upon application of the Central Election Commission or another political party whose federal list of candidates was registered, no later than five days before the voting day in the following cases:


1) newly discovered circumstances that constitute grounds for refusal to register a federal list of candidates according to paragraphs 1, 5, 6, 8, 9, 11, 13 or 14 of part 3 of Article 50 of this Federal Law. Circumstances shall be considered newly discovered if they existed at the time the decision to register the federal list of candidates was made, but were not and could not be known to the Central Election Commission;


2) repeated use by the head of the political party of the advantages of his office or official position;


3) established fact of bribery of voters by the political party, its proxy, authorized representative, including on financial issues, as well as any other person or organization acting on their behalf;


4) use by a political party, its authorized representative on financial issues, in order to achieve a certain election results, in addition to the funds from its electoral fund also electoral funds of its regional offices (if there are such electoral funds), other funds amounting to more than 5 per cent of the limit of total expenditures from the electoral fund of a political party established by this Federal Law;


5) exceeding by the political party, its authorized representative on financial issues, of expenditures from the electoral fund by more than 5 per cent of the limit of total expenditures from the electoral fund of a political party established by this Federal Law;


6) non-compliance by the political party with the restrictions of paragraphs 1 or 1.1 of Article 56 of the Federal Law "On Basic Guarantees", as well as non-compliance by a candidate included in the registered federal list of candidates, with the restrictions of paragraph 1 of Article 56 of this Federal Law, if the political party that nominated the list does not exclude the candidate from the list in accordance with part 9 of this Article;


7) repeated non-compliance by the political party, which registered a federal list of candidates, with the restrictions of part 7 of Article 69 of this Federal Law;


8) establishment in respect of a political party of the fact that during the period referred to in paragraph 6 of part 8 of Article 4 of this Federal Law (but before the nomination of a federal list of candidates), this political party carried out activities described in point "g" of paragraph 8 of Article 76 of the Federal Law "On Basic Guarantees", as well as the establishment of such a fact in respect of a candidate included in the registered federal list of candidates, during the specified period (but prior to the citizen becoming a candidate), if the political party that nominated the list does not exclude the candidate from the list in accordance with part 15 of this Article.


11. Registration of a candidate on the registered federal list of candidates of a political party may be cancelled by the Supreme Court of the Russian Federation upon application of the Central Election Commission or another political party whose federal list of candidates was registered, in the following cases:


1) newly discovered circumstances that constitute grounds for exclusion of a candidate from the federal list of candidates according to paragraphs 1, 2, 3, 4, 6 or 11 of part 4 of Article 50 of this Federal Law. Circumstances shall be considered newly discovered if they existed at the time the decision to register the list of candidates was made, but were not and could not be known to the Central Election Commission;


2) repeated use by the candidate of the advantages of his office or official position;


3) established fact of bribery of voters by the candidate, as well as any other person or organization acting on his behalf;


4) non-compliance by the candidate with the restrictions of paragraphs 1 or 1.1 of Article 56 of the Federal Law "On Basic Guarantees";


5) established fact that the candidate concealed information about his criminal record;


6) established facts that the candidate opened or maintains accounts (deposits), keeps funds and valuables in foreign banks, located outside the territory of the Russian Federation, owns and (or) uses foreign financial instruments.


12. Registration of a candidate nominated for a single-mandate electoral district may be cancelled by the supreme court of a republic, by a district or regional court, court of the autonomous district, court of the autonomous region upon application of the district election commission that registered the candidate, a candidate registered in the same district, in case of:


1) newly discovered circumstances that constitute grounds to refuse registration of a candidate according to paragraphs 1, 2, 6, 7, 9, 11, 12, 13, 14, 16 or 17 of part 7 of Article 51 of this Federal Law. Circumstances shall be considered newly discovered if they existed at the time the decision to register the candidate was made, but were not and could not be known to the of the election commission that registered the candidate;


2) repeated use by the candidate of the advantages of his office or official position;


3) established fact of bribery of voters by the candidate, his proxy, authorized representative on financial issues, as well as any other person or organization acting on his behalf;


4) use by the candidate, in order to achieve a certain result in the elections, in addition to the funds from his electoral fund also other funds amounting to more than 5 per cent of the limit of total expenditures from a candidate’s electoral fund established by this Federal Law;


5) exceeding by the candidate of expenditures from his electoral fund by more than 5 per cent of the limit of total expenditures from a candidate’s electoral fund established by this Federal Law;


6) non-compliance by the candidate with the restrictions of paragraphs 1 or 1.1 of Article 56 of the Federal Law "On Basic Guarantees";


7) repeated non-compliance by the candidate with the restrictions of part 7 of Article 69 of this Federal Law;


8) establishment in respect of the candidate of the fact that during the period referred to in paragraph 6 of part 8 of Article 4 of this Federal Law (but before becoming a candidate), this candidate carried out activities described in point "g" of paragraph 8 of Article 76 of the Federal Law "On Basic Guarantees";


9) established fact that the candidate concealed information about his criminal record;


10) established facts that the candidate opened or maintains accounts (deposits), keeps funds and valuables in foreign banks, located outside the territory of the Russian Federation, owns and (or) uses foreign financial instruments.


13. A regional group of candidates may be excluded from the federal list of candidates on the basis of a decision of the Supreme Court of the Russian Federation upon application by the Central Election Commission, if the regional group of candidates exceeds expenditures from the electoral fund of the corresponding regional office of the political party by more than 5 per cent of the limit of total expenditures from that electoral fund established by this Federal Law.


14. A political party against which a criminal case had been initiated for the protection of electoral rights of citizens on the grounds of paragraph 6 or 8 of part 10 of this Article, shall have the right to exclude from its nominated federal lists of candidates the candidate, whose actions gave rise to court proceedings. Exclusion by the political party of such candidate from the federal list of candidates prior to the court’s judgment shall constitute a ground for termination of the proceedings.


15. In case of non-compliance by the political party with the restrictions of paragraph 1 of Article 56 of the Federal Law "On Basic Guarantees", or commission by the citizen prior to becoming a candidate, or by the political party prior to nominating its federal list of candidates, of actions provided for respectively in point "g" of paragraph 7 and point "g" of paragraph 8 of Article 76 of this Federal Law, and in cases provided for in paragraphs 2 - 5 of Part 10 of this Article, registration of the federal list of candidates may be cancelled by the Supreme Court of the Russian Federation upon application by a prosecutor.


16. Application to cancel the registration of a federal list of candidates, a candidate, exclude a regional group of candidates from the federal list of candidates, may be submitted to a court no later than eight days before the voting day.