Home > 2.1 The competent bodies and their tasks > 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 20
 

1. The following election commissions, referendum commissions shall function in the Russian Federation: the Central Election Commission of the Russian Federation; election commissions of subjects of the Russian Federation; election commissions of municipalities; district election commissions; territorial (district, city, and other) election commissions; precinct commissions.


2. When relevant referendums are held, the Central Election Commission of the Russian Federation, election commissions of subjects of the Russian Federation, election commissions of municipalities, territorial election commissions shall act in the capacity of referendum commissions. Other election commissions may act as referendum commissions on the basis of the decision of the relevant higher election commissions in charge of the formation of election commissions that shall be taken in the procedure provided for by Section 9 of this article.


3. Commissions shall ensure the implementation and protection of electoral rights and the right of citizens of the Russian Federation to participate in a referendum, prepare and conduct elections and referendums in the Russian Federation.


4. Commissions shall, within the scope of their competence, consider grievances about violations of law that they receive in the course of an election campaign or a referendum campaign, check these grievances and give written answers to the persons who submitted such grievances within five days but not later than the day preceding voting day or immediately if such grievances are received on voting day or on the day following voting day. If the facts stated in such grievances require additional verification, decisions thereon shall be taken within ten days. If a grievance states that a candidate, an electoral association, an, a referendum initiative group violated a law, such candidate, electoral association, , referendum initiative group or authorized representatives thereof shall be immediately notified of receipt of such grievance and may provide explanations on the substance of the statement.


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


5. Commissions shall be entitled to submit applications to law enforcement authorities, bodies of executive power to carry out required investigations and check violations of law, the grounds of such applications may include grievances described in Section 4 of this article. The law enforcement authorities, bodies of executive power shall take measures to check the violations within five days, and if an application was received five days or less before voting day - not later than the day preceding voting day, and immediately if an application is received on voting day and the day following voting day and without delay inform the applying commission about the results of the measures. If the facts stated in the application require additional verification the said measures shall be taken within ten days.


51. In case of violation by a candidate/ elective association/ initiative group for holding of the referendum of this Federal Law, the appropriate commission shall be free to make a warning to this candidate, elective association or the initiative group for holding of the referendum, which is communicated to voters/ referendum participants via mass media or otherwise. (paragraph 51 is introduced by Federal Law of July 21, 2005, # 93-FZ).


6. Commissions shall inform voters, referendum participants about the time and the procedure for performance of electoral actions, actions connected with the preparation and conduct of a referendum, about the progress of the election campaign, the referendum campaign, and about candidates, electoral associations, which nominated candidates, lists of candidates. (in the version of Federal Law of July 21, 2005, # 93-FZ).


7. Competence, powers and procedures for activities of the Central Election Commission of the Russian Federation shall be set by this Federal Law, other federal laws. Competence, powers and procedures for activities of other commissions in the preparation and conduct of elections of federal bodies of state power and a referendum of the Russian Federation shall be set by this Federal Law, other federal laws.


8. Competence, powers and procedures for activities of election commissions of subjects of the Russian Federation, election commissions of municipalities, district election commissions, territorial and precinct commissions during the preparation and conduct of elections of bodies of state power of subjects of the Russian Federation and bodies of local self-government, and referendums in subjects of the Russian Federation and local referendums shall be set by this Federal Law, the constitutions (charters), laws of subjects of the Russian Federation, and the charters of municipalities.


9. Combination by commissions of powers to prepare and conduct elections, referendums of various levels shall be possible only on the basis of the decision of the commission organizing the election, the referendum on a certain territory, that is taken on the basis of an application of a commission organizing the election, the referendum in a part of this territory. Combination by commissions of powers to prepare and conduct elections, referendums of the same level shall be possible on the basis of a decision of the commission organizing the elections, referendums.


10. Decisions of a higher commission taken within its competence shall be binding upon lower commissions.


11. Decisions of a commission which conflicts with a law or which was taken by a commission in excess of its established competence shall be cancelled by a higher commission or by a court. In this case, the higher commission shall be entitled to make a decision on the substance of the matter or forward the relevant documents to the lower commission, the decision of which was cancelled, for reconsideration. If the lower commission repeatedly fails to consider the issue, the higher commission shall be free to make a decision on the merits of this issue.


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


12. Within the limits of their competence, commissions shall be independent of bodies of state power and bodies of local self-government.


13. Decisions and other acts of commissions adopted within their competence shall be binding upon federal executive bodies of state power, executive bodies of state power of subjects of the Russian Federation, state institutions, bodies of local self-government, candidates, electoral associations, electoral blocs, public associations, organizations, officials, voters and referendum participants. Decisions and other acts of commissions shall not be subject to state registration.


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


14. Financial support of activities of the Central Election Commission of the Russian Federation shall be effected from the funds allocated for this purpose by the federal law on the federal budget for the relevant fiscal year. Financial support of activities of the election commission of a subject of the Russian Federation shall be effected from the funds allocated for this purpose by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation for the relevant fiscal year and from the funds of the federal budget in accordance with the procedure and in the amount set by the Central Election Commission of the Russian Federation within the limits of funds allocated for such purposes by the federal law on the federal budget for the relevant fiscal year. Financial support of activities of a municipality election commission , a territorial commission functioning on a permanent basis and constituting a legal entity shall be effected from funds of the budget of the subject of the Russian Federation and/or the local budget within the limits of funds allocated for such purposes by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, and/or the regulatory act of the body of local self-government on the local budget for the relevant fiscal year.