Home > 1.2.3 Equality and national minorities > RUSSIAN FEDERATION - Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum
 
 
 
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Article 4
 

1. A citizen of the Russian Federation who has attained to the age of 18 years shall be entitled to elect, be elected as deputy to a representative body of a municipality, vote at a referendum; and upon reaching the age established by the Constitution of the Russian Federation, federal laws, constitutions (charters) and laws of subjects of the Russian Federation, he shall be entitled to be elected as deputy to a legislative/representative body of state power, as an elected official to bodies of local self-government. A citizen of the Russian Federation who has attained to the age of 18 years on voting day, shall be entitled to participate in any other electoral activities and other activities related to the preparation and conduct of a referendum that are established by law and implemented by legal methods.


(in the version of Federal Law of November 9, 2009, # 250-FZ)


2. A citizen of the Russian Federation may elect, be elected, or participate in a referendum regardless of the sex, race, ethnicity, language, origin, property and official status, place of residence, religion, beliefs, affiliation to public associations and other factors.


3. Citizens declared incapable by a court or held in custody under a court sentence shall not be entitled to elect and be elected or to participate in a referendum.


31.Citizens of the Russian Federation, being at the same time citizens of a foreign state or having a residential permit or another document evidencing the right of a citizen of the Russian Federation to permanently reside in a foreign state shall not be entitled to election. The said citizens are only entitled to be elected to bodies of selfgovernment if it is envisaged in an international treaty of the Russian Federation.


(Section 31 was introduced by Federal Law of July 25, 2006, # 128-FZ).


32. The following citizens of the Russian Federation shall not be entitled to be elected:


ɚ) citizens convicted to imprisonment for severe and/or very severe crime and having, as of the voting date, non-cancelled conviction for the said crime


b) citizens convicted for extremist crimes as envisaged in the Russian Criminal Code and having as of the voting date at the elections the uncancelled conviction for the said crimes


c) citizens subjected to administrative penalty for administrative crime envisaged in Articles 20.3 and 20.9 of the Russian Federation Code of Administrative Offence, if voting at the elections will take place before expiry of the period of time, during which the person is regarded as subjected to administrative offence;


(in the version of Federal Law of July 24, 2007, # 211-FZ)


d) citizens with respect to those the effective court judgment established actual violation of the limitations imposed by Article 56.1 of this Federal Law or actual taking of actions envisaged in paragraph ‘zh’ sub-section 7, and paragraph ‘zh’ sub-section 8 Article 76 of this Federal Law, if these actions are taken before the date of voting at the elections during the period of authority, as established by the law, of a body of state power or a body of local self-government, for which the elections were appointed, or the period of authority of the official, for whose election the elections were appointed.


(Section 32 was introduced by Federal Law of December 5, 2006, # 225-FZ)


4. A citizen residing within the boundaries of the relevant electoral district shall be entitled to the active electoral right. The absence of a citizen of the Russian Federation from his place of residence in the period of elections in the electoral district containing such place of residence shall not constitute grounds for depriving the citizen of the right to participate in the elections of bodies of state power of the relevant subject of the Russian Federation, bodies of local self-government. The law may grant the active electoral right to a citizen residing outside the relevant electoral district.


5. Any limitation of the passive electoral right due to the location of the place of residence of a citizen of the Russian Federation in a certain area of the Russian Federation, including qualifications related to the duration of the period of residence in such area, shall be established by the Constitution of the Russian Federation only.


6. Additional conditions for the exercise by a citizen of the Russian Federation of his passive electoral right, preventing one and the same person from occupying one and the same elective offices for more than a certain number of consecutive terms may be established by a federal law, the constitution (charter), or a law of a subject of the Russian Federation.


7. If there exists an effective court decision in relation to a citizen of the Russian Federation disfranchising such citizen from the right to occupy state and/or municipal offices for a certain period, such citizen shall not be registered as a candidate if voting at elections of bodies of state power, bodies of local self-government is held before the expiration of the said period.


8. Additional age-related qualifications for Russian Federation citizens to exercise their passive electoral rights may be established by the constitutions (charters) or laws of subjects of the Russian Federation. The minimum age established for a candidate shall not exceed 21 years for elections of deputies to a legislative/ representative body of state power of subjects of the Russian Federation and elections of an elected official of local selfgovernment. No maximum age limit shall be established.


(in the version of Federal Law of December 11, 2004, # 159-FZ, of November 9, 2009, # 250-FZ).


9. Deputies and elective officials working on a permanent basis shall not be entitled to be engaged in business operations as well as other paid activities, with the exception of teaching, scientific, or other creative activities. In this case, teaching, scientific and other creative activities shall not be exclusively funded out of funds of foreign states, international and foreign companies, foreign nationals and stateless persons, unless otherwise envisaged in the international treaty of the Russian Federation or Russian law. Deputies to the State Duma of the Federal Assembly of the Russian Federation, deputies to legislative/ representative bodies of state power of subjects of the Russian Federation shall not occupy other state offices in the Russian Federation, state offices in subjects of the Russian Federation, offices in state civil service and offices of municipal service, be deputies to other legislative/ representative bodies of state power and representative bodies of municipalities, elected officials of local self-government. Elected officials of local self-government shall not be deputies to the State Duma and members to the Federation Council of the Federal Assembly of the Russian Federation, deputies to legislative/ representative bodies of state power of the subjects of the Russian Federation, occupy state offices of the Russian Federation, state offices in subjects of the Russian Federation (hereinafter state offices), offices of state civil services and offices of municipal service. Deputies to representative bodies of municipalities may not occupy offices of municipal service, be deputies to legislative/ representative bodies of state power. Other restrictions related to the status of a deputy or an elective official may be established by a federal law.


(in the version of Federal Law of July 21, 2005, # 93-FZ, of March 2, 2007, # 24-FZ, of December 25, 2008, # 281-FZ).


10. Under international treaties of the Russian Federation and in accordance with due legal procedure, foreign citizens who permanently reside on the territory of a relevant municipality shall have the right to elect and be elected to bodies of local self-government, be involved in other electoral activities at such elections, and participate in a local referendum on the same conditions as citizens of the Russian Federation.