Home > 1.1.2 Voters' registration and registers > 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 17
 

1. In order to ensure the rights of voters, referendum participants, relevant election commissions shall compile lists of voters, referendum participants on the basis of the data obtained through the utilization of the state system of voter and referendum participant registration and provided in compliance with the requirements of Section 6 of this article.


2. Citizens of the Russian Federation who as of voting day are entitled to an active electoral right, the right to participate in a referendum shall be included in the lists of voters, referendum participants in the electoral precincts, referendum precincts.


3. If, under an international treaty of the Russian Federation, foreign nationals are entitled to participate in elections of bodies of local self-government or in a local referendum, the lists of voters, referendum participants for elections of bodies of local self-government, local referendums shall, in accordance with the law, include foreign nationals that have attained to the age of 18 years as of voting day, do not fall within Section 3, Article 4 of this Federal Law and permanently reside on the territory of the municipality in which the said election or referendum is held.


4. The grounds for including a citizen of the Russian Federation on the list of voters, referendum participants in a concrete electoral precinct, referendum precinct shall be constituted by the fact that his permanent place of residence is located on the territory of this electoral precinct; and in cases specified by this Federal Law, other federal laws; also by the fact of temporary stay of a citizen on the territory of this precinct (if the citizen has an active election right, the right to participate in the referendum) or possession by the citizen of an absentee certificate. The fact that a citizen’s place of permanent residence or temporary stay is located on the territory of any particular electoral district or a referendum district shall be established by the bodies in charge of registration of citizens of the Russian Federation in accordance with the legislation of the Russian Federation, and in cases envisaged in this Federal Law and another law, by other duly competent bodies, agencies and officials.


(Section 4 in the version of Federal Law of July 21, 2005, # 93-FZ).


5. Servicemen in active military service in military units, military organizations and institutions, that are located on the territory of the relevant municipality shall not be included in the lists of voters, referendum participants at elections of the bodies of local self-government, a local referendum and shall not be counted when the number of voters, referendum participants is determined, unless their place of residence prior to the drafting was located within the said municipalities.


(in the version of Federal Law of July 21, 2005, # 93-FZ).


6. Information about voters, referendum participants shall be submitted and updated by the head of the local administration of the municipal district, the city district, the intra-city territory of a federal-significance city, and in cases envisaged in the law of the subject of the Russian Federation – federal-significance city, the head of the territorial office of executive power of the federal-significance city. Information about voters, referendum participants who are servicemen staying in military units, their families and other voters, referendum participants if they live on the territory where the military unit is located or are registered in the established procedure in the military unit as the place of their service is compiled and updated by the commander of the military unit. Information about voters, referendum participants who live outside the territory of the Russian Federation or are on long business trips abroad shall be compiled and updated by the head of the diplomatic mission, consular mission of the Russian Federation. Such information shall be delivered to territorial commissions (election commissions of municipalities) by the body or official authorized to do so, and if territorial commissions do not exist - to district election commissions, and in the cases provided for by law - to precinct commissions immediately after voting day is set or after the commissions are formed. (in the version of Federal Law of July 21, 2005, # 93-FZ).


7. The list of voters, referendum participants shall be compiled by the appropriate commission, with the use of GAS Vybory, for each electoral precinct, referendum precinct on the basis of the information submitted in the established form by the body authorized to do so or authorized officials. (in the version of Federal Law of July 21, 2005, # 93-FZ). 71. Persons providing information on voters/ referendum participants shall be liable for reliability and completeness of this information as well as for their timely provision. (Section 71 is introduced by Federal Law of July 21, 2005, # 93-FZ).


8. At elections of federal bodies of state power or a referendum of the Russian Federation, precinct commissions formed in electoral precincts or referendum precincts, established outside the territory of the Russian Federation, shall be entitled to compile a list of voters, referendum participants before voting day on the basis of written applications, and on voting day, on the basis of oral applications of citizens of the Russian Federation who come to the precinct commission and who permanently reside outside the territory of the Russian Federation or are on long business trips abroad.


9. A citizen of the Russian Federation entitled to an active electoral right, a right to participate in a referendum who, on voting day at elections of the federal bodies of state power, referendum of the Russian Federation, is staying outside the territory of the Russian Federation and who had no opportunity to obtain absentee voting certificate or vote earlier shall be included in the list of voters, referendum participants by the appropriate election commission, referendum commission when he comes for voting to the premises of the precinct commission on voting day.


10. A citizen of the Russian Federation shall be included in the list of voters, referendum participants only in one electoral precinct, referendum precinct. If the territorial commission (district election commission, election commission of a municipality) detects actual inclusion of a citizen of the Russian Federation into the lists of voters/referendum participants at different election precincts, referendum precincts during one and the same elections, one and the same referendum, the appropriate commission shall, before transfer of lists of voters/referendum participants to the precinct commissions shall eliminate defects or inaccuracies in the said lists. (in the version of Federal Law of July 21, 2005, # 93-FZ).


11. Lists of voters, referendum participants shall be compiled in two copies. The data regarding voters, referendum participants included in the list of voters, referendum participants shall be arranged in an alphabetical or other order (by populated areas, streets, apartments). The lists of voters, referendum participants shall contain the surname, first name, patronymic, year of birth (for voters aged 18, also the day and month of birth), address of the place of residence of the voter, referendum participant. A list of voters, referendum participants shall provide blank spaces for a voter, referendum participant to sign for each ballot received by the voter, series and number of his/her passport or the document replacing the passport of the citizen, referendum participant, and blank spaces for entering summary data for each type of election, referendum, and for the signature of the member of the precinct commission issuing the ballot (ballots) to the voter, referendum participant.


(in the version of Federal Law of July 21, 2005, # 93-FZ)


12. The first copy of the list of voters, referendum participants shall be signed by the chairman and the secretary of the commission that compiled the list. In electoral precincts, referendum precincts that are established on the territory of a military unit, in a remote or a hard-to-reach area, the list of voters, referendum participants shall be signed by the chairman and the secretary of the precinct commission. The list of voters, referendum participants shall be certified by the seals of the territorial commission (the district election commission, the municipality election commission) and/or the precinct commission, respectively. The procedure and time of the preparation and use of the second copy of the list of voters, referendum participants, and its submission to the relevant precinct commission, and of its certification and updating shall be determined by the commission organizing the election or the referendum. (in the version of Federal Law of July 21, 2005, # 93-FZ).


13. The relevant territorial commission (the district election commission, the municipality election commission) shall transfer the first copy of the list of voters, referendum participants of a specific electoral precinct, referendum precinct to the precinct commissions in accordance with a transfer certificate not later than 20 days prior to election day or referendum day. A precinct commission shall be entitled to divide the first copy of the list of voters, referendum participants into separate books. Each such book shall be sewn (stitched) together not later than on the day preceding voting day, and certified by the seal of the corresponding precinct commission and the signature of its chairman. (in the version of Federal Law of July 21, 2005, # 93-FZ)


14. The precinct commission shall update the list of voters, referendum participants in compliance with the procedure established for organization of interaction and cooperation of election commissions and referendum commissions with the bodies of local self-government, institutions and organizations in charge of the registration of voters, referendum participants. A verified and updated list of voters, referendum participants shall be signed by the precinct commission’s chairman and secretary and certified by the seal of the precinct commission.


15. The list of voters, referendum participants shall be made available by the precinct commission to voters, referendum participants for inspection and further verification 20 days prior to voting day.


(in the version of Federal Law of July 21, 2005, # 93-FZ)


16. A citizen of the Russian Federation who is entitled to an active electoral right, the right to participate in a referendum shall be entitled to apply to a precinct commission about his inclusion on the list of voters, referendum participants or regarding any mistake or inaccuracy of his data on the list of voters, referendum participants. Within 24 hours,, and on the voting day, within two hours from the application time, but in any event till the end of voting, the precinct commission shall verify the information communicated by the applicant and documents submitted by the applicant or to eliminate the error or inaccuracy, or to make a decision as to rejection of the application, indicating reasons for such rejection, by handing in the certified copy of this decision to the applicant. The resolution of the precinct commission as to rejection of the application for inclusion of the citizen of the Russian Federation into the list of voters/referendum participants may be appealed to a higher commission or a court of law (at the location of the precinct commission), which shall be obliged to consider the appeal/application within three days, and three and less days prior to the voting date and on the voting day, immediately. If the decision is made to satisfy the appeal/application, the list of voters/referendum participants shall be rectified by the precinct commission immediately. A citizen may be removed from the list of voters, referendum participants signed by the chairman and the secretary of the relevant commission and certified by the commission’s seal in accordance with the procedure provided for by Section 12 of this article only on the basis of official documents, in particular, communication from the higher commission as to inclusion of the voter/ referendum participant into the list of voters/ referendum participants in another election precinct or referendum precinct, as well as r if an absentee certificate was issued to the voter, referendum participant. In such case, the date on which the citizen of the Russian Federation was removed from the list and the reasons for removal shall be indicated in the list of voters, referendum participants and in the database GAS Vybory. This entry on the list of voters, referendum participants shall be certified by the signature of the chairman of the precinct commission. , and in case of issue of the absentee certificate, by the signature of the member of the commission who issued the absentee certificate, indicating the date of making such entry. Each citizen of the Russian Federation shall be entitled to notify the precinct commission that the data, specified by Section 5, Article 16 of this Federal Law, of voters, referendum participants included in the list of voters, referendum participants in the respective precinct has been changed.


(Section 16 in the version of Federal Law of July 21, 2005, # 93-FZ)


17. Voters, referendum participants who are at places of their temporary stay and are working at enterprises with continuous work cycle and engaged in individual types of work, where it is impossible to reduce the duration of work (working shift), and voters/referendum participants out of military personnel being outside their garrisons may, by resolution of the precinct commission, be included into the list of voters/ referendum participants in the election precinct, referendum precinct at the location of their temporary stay, as well as by their personal application submitted to the election commission at least three days prior to the voting day. The information to this effect shall be submitted to the precinct commission where this voter/ referendum participant is included into the list of voters/ referendum participants at the place of residence, via the appropriate territorial commission (if the place of residence of the voter/ referendum participant is located on the territory of another subject of the Russian Federation) or the election at the commission of the subject of the Russian Federation (if the place of residence of the voter/ reference participant is located on the territory of another subject of the Russian Federation). The precinct commission shall, in the Special Marks column of the list of voters/ referendum participants make a mark: “Included into the list of voters/ referendum participants on the election precinct/ referendum precinct #”, indicating the number of the election precinct, the referendum precinct and, if necessary, the name of the subject of the Russian Federation. The law may envisage that voters/ referendum participants having no registration at the place of residence within the Russian Federation shall, by resolution of the precinct commission, be included into the list of voters/ referendum participants on the election precinct/ referendum precinct created or determined by resolution of the higher commission, for voting of these voters/ referendum participants, by a personal written application submitted to the precinct commission not later than on the voting day/


(Section 17 in the version of Federal Law of July 21, 2005, # 93-FZ).


171.In the election precincts/referendum precincts created in accordance with Section 5, Article 19, of this Federal Law, in railway stations and in airports, lists of voters/ referendum participants shall be drafted on the voting date. Voters/ referendum participants staying on the voting day in these places shall be included into the list of voters/ referendum participants upon presentation of the absentee certificate.


(Section 171 was introduced by Federal Law of October 4, 2010, # 263-FZ).


18. Modifications of the list of voters, referendum participants shall not be allowed after the end of voting and the beginning of the vote count.


19. After official publication of the results of elections/ referendum, the information on voters/ referendum participants, as contained in the lists of voters/ referendum participants, may be used to specify information on voters/ referendum participants in the register of voters/ referendum participants.


(Section 19 was introduced by Federal Law of July 21, 2005, # 93-FZ).