Home > 6 Political parties > RUSSIAN FEDERATION - Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum
 
 
 
Download file    
 
 
Article 24
 

1. An election commission organizing, under the law of a subject of the Russian Federation, the charter of a municipality, the preparation and conduct of elections of bodies of local self-government/ local referendum shall be the municipality election commission.


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


2. The municipality election commission is a municipal body and is not included into the structure of local selfgovernment.


(Section 2 in the version of Federal Law of July 21, 2005, # 93-FZ).


3. The charter of the municipality, a regulatory act of the body of local self-government may assign the status of a legal entity to a municipality election commission.


(in the version of Federal Law of August 22, 2004, # 122-FZ).


4. Powers of the election commission of a municipal entity shall, by resolution of the appropriate election commission of the subject of the Russian Federation, which was made on the basis of the application of the representative body of this municipality, may be vested with the territorial commission. In case of establishment of a newly established municipality, powers of the election commission of this municipality may, by resolution of the election commission of the subject of the Russian Federation, be vested with the territorial commission. The procedure for vesting powers of the election commission of the municipality with the territorial commission in other cases of absence of the representative body of the municipality shall be established by law of the subject of the Russian Federation. If powers of the election commission of a municipality are vested with the territorial commission, the number of members of the territorial commission shall not be modified. If several territorial commissions are established on the territory of the municipality, powers of the election commission of the municipality may be vested with one of them.


(in the version of Federal Laws of December 25, 2008, # 281-FZ, of December 27, 2009, # 357-FZ).


5. The term of powers of a municipality election commission shall be five years. In the event the term of powers of the municipality election commission expires in the period of an election campaign, in the period between the announcement of a referendum and the end of the referendum campaign in which this commission takes part, the term of its powers shall be extended until the end of the election campaign, referendum campaign. This provision shall not apply to repeat elections or by-elections of deputies of the representative body of municipality. Powers of the election commission of the municipality may be early terminated by a law of the subject of the Russian Federation in case of transformation of the municipality. The date of early termination of powers of such election commission of the municipality shall be the date when the law of the subject of the Russian Federation for transformation of the municipality takes effect.*


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of June 4, 2010, # 117-FZ).


6. The elective commission of the municipal district, city district, intra-city territory of the federal-significance city shall be formed out of eight, ten or twelve members with the casting vote. The election commission of the settlement shall be formed out of six, eight or ten members with the casting vote. The number of voting members of a municipality election commission shall be set by the charter of the municipality.


(Section 6 in the version of Federal Law of December 27, 2009, # 357-FZ).


7. The municipality election commission shall be formed by the representative body of municipality on the basis of proposals referred to in Section 2, Article 22 of this Federal Law and proposals made at meetings of voters at places of their residence, work, service, study, proposals made by the previous municipality election commission, the election commission of the subject of the Russian Federation, and the election commission of a settlements, on the basis of proposals of the election commission of the municipality and the territorial commission.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of December 27, 2009, # 357-FZ).


8. The representative body of municipality shall appoint a half of the total number of members of a municipality election commission on the basis of proposals made by*:


(in the version of Federal Law of December 27, 2009, # 357-FZ)


ɚ) political parties, that nominated federal lists of candidates included in the distribution of deputy seats in the State Duma of the Federal Assembly of the Russian Federation as well as political parties that put forward federal lists of candidates, to whom deputy mandates were provided, in accordance with Article 821 of Federal Law on Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation;


(in the version of Federal Law of May 12, 2009, # 94-FZ).


b) political parties, that nominated lists of candidates included in the distribution of deputy seats in the legislative (representative) body of state power of the subject of the Russian Federation as well as political parties that put forward the lists of candidates, to whom deputy mandates were transferred in accordance with the law of the subject of the Russian Federation, as envisaged in Section 17, Article 35, of this Federal Law;


(in the version of Federal Law of April 22, 2010, # 63-FZ).


c) political parties, that nominated lists of candidates included in the distribution of deputy seats in the representative body of municipality


(Section 8 in the version of Federal Law of July 21, 2005, # 93-FZ).


9. The representative body of municipality, city district, intra-city territory of the federal-significance city shall appoint a half of the total number of members of the election commission of the municipality, district, city district, intra-city territory of the federal-significance city on the basis of proposals received from the election commission of the subject of the Russian Federation.


(Section 9 in the version of Federal Law of December 27, 2009, # 357-FZ).


91. The representative body of the settlement shall be obliged to appoint a half of the total number of members of the election commission of the settlement on the basis of the received proposals of the election commission of municipality, the territorial commission as follows:


a) if powers of the election commission of the municipality are not vested with the territorial commission, two members of the election commission of the settlement shall be appointed on the basis of proposals of the election commission of the municipality; the remaining members of the election commission of the settlement shall be appointed on the basis of proposals of the territorial commission


b) if powers of the election commission of the municipality are vested with the territorial commission, members of the election commission of the settlement shall be appointed on the basis of proposals of the territorial commission


c) if powers of the territorial commission are vested with the election commission of municipality, members of the election commission of the settlement shall be appointed on the basis of proposals of the election commission of the municipality.


(Section 91 is introduced by Federal Law of December 27, 2009, # 357-FZ).


92. Powers of the election commission of the subject of the Russian Federation, the election commission of the municipality, the territorial commission as stipulated in sections 9 and 91 hereof, shall be prepared taking into account the proposals of public associations, except for public associations indicated in Section 8 of this Article, taking into account the proposals of the voters’ meetings at the place of residence, place of work, service, studies, as well as proposals of the election commission of the appropriate municipal entity of previous convocation.


(Section 92 was introduced by Federal Law of December 27, 2009, # 357-FZ).


93. If the received proposals as indicated in Sections 8, 9 and 91 of this Article are insufficient for implementation of Sections 8, 9 and 91 of this Article, respectively, the other members of the commission shall be appointed on the basis of the proposals envisaged in Section 7 hereof.


(Section 93 was introduced by Federal Law of December 27, 2009, # 357-FZ).


10. A municipality election commission shall:


ɚ) on the territory of the municipality, exercise control over the observance of the electoral rights of citizens of the Russian Federation and the right of citizens to participate in a referendum;


b) on the territory of the municipality, ensure the implementation of measures related to the preparation and conduct of elections of bodies of local self-government, local referendums, publication of required printed materials;


c) on the territory of the municipality, implement measures aimed at ensuring, at elections of elections of bodies of local self-government, local referendums, a uniform procedure for allocation of air time and space in print media to registered candidates, electoral associations, for the purposes of election campaigning, to the referendum initiative group and other groups of referendum participants for the purposes of campaigning on questions of the referendum;


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


d) on the territory of the municipality, implement measures aimed at ensuring, at elections of bodies of local self-government, local referendums, a uniform procedure for determination of the vote returns, establishment of the results of elections, referendums;


e) on the territory of the municipality, implement measures aimed at ensuring, at elections of bodies of local self-government, local referendums, a uniform procedure for publication of the voting results, the results of elections, referendums;


f) on the territory of the municipality, implement measures aimed at arranging for the funding of the preparation and conduct of elections of bodies of local self-government, local referendums; distribute the funds allocated from the local budget and/or the budget of the subject of the Russian Federation for financial support of the preparation and conduct of elections of bodies of local self-government, local referendums; exercise control over the proper use of the above funds;


g) provide legal, methodological, organizational, and technical support to lower commissions;


h) hear reports of bodies of local self-government on issues related to the preparation and conduct of elections of bodies of local self-government, and local referendums;


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


i) consider appeals (grievances) against decisions and actions (omissions) of lower commissions, and the election commission of municipality – also appeals (grievances) to resolutions and actions/omissions of the election commission of the settlement, and take reasoned decisions on such appeals (grievances);


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


j) exercise other powers in accordance with this Federal Law, other federal laws, the constitution (charter), laws of the subject of the Russian Federation, the charter of the municipality.


(in the version of Federal Law of December 27, 2009, # 357-FZ).