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 29
 

1. Persons falling into any of the following categories shall not be voting members of commissions:


a) persons that are not citizens of the Russian Federation as well as citizens of the Russian Federation having citizenship of a foreign state or residential permit or another documents, which certifies the right to permanent residence of the citizen of the Russian Federation on the territory of the foreign state;


(in the version of Federal Law of July 25, 2006, # 128-FZ).


b) citizens of the Russian Federation who have been declared, by a court decision that has come into legal force, incapable or having limited capability;


c) citizens of the Russian Federation under the age of 18 years;


d) deputies of legislative (representative) bodies of state power, bodies of local self-government;


e) elective officials as well as supreme officials of subjects of the Russian Federation (top managers of supreme executive bodies of the state power of the subjects of the Russian Federation), heads of local administrations;


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


f) judges, prosecutors;


g) at relevant elections, candidates, their authorized representatives and agents, authorized representatives and agents of electoral associations, that have nominated candidates;


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


h) at relevant referendums, members and authorized representatives of referendum initiative groups;


i) at relevant elections, referendums, non-voting members of commissions;


j) at relevant elections, spouses and close relatives of candidates, close relatives of candidates’ spouses;


k) persons directly subordinated to candidates;


l) persons removed from commissions by a court decision as well as persons who lost their powers of members of the commissions with the casting vote as a result of disassembly of the commission (except for the persons, whom the court recognized as not guilty of the violations committed by the commission) – within five years from the date when the appropriate court judgment takes effect;


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


m) persons who have previous convictions that have not been cancelled and annulled, and persons who have been subjected by court to an administrative penalty for a violation of regulations governing elections and referendums, within one year of the effective date of the court decision (ruling) on the administrative penalty.


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


2. Provisions of Sub-sections g), j), and k) of Section 1 of this article shall not apply to members of precinct, territorial or district election commissions if the candidate is nominated or registered in another electoral district.


3. Under this Federal Law, direct subordination is construed as service-related or work-related relationship between a superior and a subordinate, whereby the superior has, in relation to the subordinate, powers or managerial authorities, i.e. has the right to employ or dismiss the subordinate or, within his position-related authority, issue to the subordinate binding orders, instructions, or directions, reward the subordinate or subject him to disciplinary penalties.


4. A voting member of a commission shall not, at one election, referendum, be a voting member of another commission.


5. The term of powers of voting members of a commission shall expire at the same time with the expiration of the powers of the commission of which they are members.


6. A voting member of a commission shall be relieved from the duties of a commission member by a decision of the body that appointed him if:


a) the commission member files a written resignation. The said application cannot be submitted within the period of time starting ten days prior to the voting date and ending on the date when the voting results are established, the election/referendum results are determined, except for the case when it is submitted in connection with compelling circumstances, such as severe disease, constant health disorder of a member of the commission or his/her close relatives;


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


b) grounds referred to in Sections 1 and 4 of this article, except suspension of a commission member under Section 7 of this article and instances referred to in Sub-sections a), b), and m), Section 1 of this article have arisen.


7. If the grounds referred to in Sub-section j) of Section 1 of this article have arisen, powers of a voting member of a commission who works on a permanent (staff) basis shall be suspended by a decision of the relevant commission, provided such suspension does not make the composition of the commission such that it is not competent to exercise its powers. If such suspension of powers makes the composition of the commission such that it is not competent to exercise its powers, powers of such member of the commission shall be terminated by a decision of the body that appointed him.


8. Powers of a voting member of a commission shall be terminated immediately if:


a) the commission member ceases to be a citizen of the Russian Federation or acquires citizenship of a foreign state or receives a residential permit or another document that evidences the right to permanent residence of the citizen of the Russian Federation on the territory of a foreign state;


(in the version of Federal Law of July 25, 2006, # 128-FZ)


b) a guilty verdict of a court against the commission member, or a court ruling subjecting the commission member to an administrative penalty for a violation of the legislation governing elections and referendums has come into legal force;


c) the commission member is declared by a court decision that has come into legal force incapable, having limited capability, missing, or dead;


d) the commission member dies;


e) the commission member is declared by, a court decision that has come into legal force on the basis of an application of the relevant commission as systematically ignoring his duties.


f) taking effect of the resolution as to the commission’s dissolution under Article 31 of this Federal Law.


(paragraph “f” was introduced by Federal Law of July 21, 2005, # 93-FZ)


9. became invalid – Federal Law of July 21, 2005, # 93-FZ


10. If the body that appointed a commission member fails to take a decision on early termination of powers of this commission member within one month, and in the period of an election campaign, within ten days from the date on which this body received a written resignation of the commission member or other grounds preventing him from performing his duties have arisen, the decision to terminate powers of such commission member shall be taken by the commission of which he is a member within three days of the expiration date of the above periods.


11. The body that appointed a commission member shall appoint a new commission member in place of the member withdrawn on the grounds referred to in Sections 6 and 8 of this article not later than in a month, and in the period of an election campaign, the period from calling a referendum until the end of the referendum campaign, not later than ten days of the date of withdrawal in accordance with the provisions of Section 4, Article 21, Articles 22-27 of this Federal Law. If this requirement fails to be fulfilled, a new member of the election commission of the subject of the Russian Federation shall be appointed by the Central election commission of the Russian Federation, and a new member of the election commissions of the municipality, city district, intra-city territory of a federal-significance city – by the election commission of the subject of the Russian Federation, a new member of the election commission of the settlement – by the election commission of the municipality (if such commission is not elected, by the territorial commission), and a member of another election commission – by a higher commission in accordance with provisions of this Federal Law.


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


12. The Chairman, Deputy Chairman, and Secretary of the Central Election Commission of the Russian Federation, the chairman, deputy chairman, and secretary of the election commission of a subject of the Russian Federation, the chairman or a secretary of another commission that operates on a permanent basis and is a legal entity shall work for the relevant commission on a permanent (staff) basis. The chairman of the election commission of a subject of the Russian Federation must have a professional education.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of April 20, 2007, # 62-FZ)


13. Besides the members of the Central Election Commission of the Russian Federation referred to in Section 12 of this article, voting members of the Central Election Commission of the Russian Federation may work for the commission on a permanent (staff) basis.


14. Besides the commission members referred to in Section 12 of this article, the possibility of working on a permanent (staff) basis for voting members of the election commission of a subject of the Russian Federation, voting members of a municipality election commission , a territorial commission that operate on a permanent basis and are legal entities, and the size and nature of monetary compensation of voting members of the said commissions that work on a permanent (staff) basis, other benefits to these commission members shall be established by laws, other regulatory acts of subjects of the Russian Federation, the charters of municipalities, regulatory acts of bodies of local self-government. 


15. A voting member of the Central Election Commission of the Russian Federation who works for the commission on a permanent (staff) basis, shall occupy a state office of the Russian Federation. A voting member of the election commission of a subject of the Russian Federation who works for the commission on a permanent (staff) basis, a voting member of another election commission that operates on a permanent basis and is a legal entity shall occupy, in accordance with a law, another regulatory act of the subject of the Russian Federation, the charter of a municipality, another regulatory act of the body of local self-government, respectively, a state office of the subject of the Russian Federation, a municipal office. Such persons shall not hold other offices in bodies of state power, state bodies, bodies of local self-government, be involved in business or another paid activity, with the exceptions of teaching, scientific, or other creative activities. In this case, teaching, scientific and creative activity cannot be exclusively funded from funds of foreign states, international and foreign organizations, foreign nationals and stateless persons, unless otherwise envisaged in an international treaty of the Russian Federation or Russian law.


(in the version of Federal Law of March 2, 2007, # 24-FZ, of December 25, 2008, # 274-FZ).


151. It is prohibited to a member of the Central Election Commission of the Russian Federation as well as to a member of the election commission of a subject of the Russian Federation who works in the commission on a permanent/staff basis, to member of another election commission, who acts on a permanent basis and is a legal entity, who works in the commission on a permanent/staff basis:


a) to make part of management bodies, guardianship or supervisory councils, other offices acting in the Russian Federation of foreign non-for-profit entities and their business units, unless otherwise envisaged in the international treaty of the Russian Federation or Russian law.


b) receive in connection with performance of his/her duties any remuneration (loans, monetary or other remuneration, services, payment for entertainment, recreation, transportation costs), which are not envisaged in Russian law from individuals and legal entities. Gifts received by a member of the election commission in connection with protocol events, with business traveling and other official events, shall be recognized federal property, property of the subject of the Russian Federation, municipal property, respectively, and shall be transferred by a member of the election commission under a certificate to the appropriate election commission; except for cases envisaged in Russian law. A member of the election commission who transferred a gift received by him/her in connection with the protocol event, business traveling and another official event may repurchase the same in the manner established in Russian laws and regulations


c) travel, in connection with performance of his/her duties outside the Russian Federation at the expense of funds of individuals and legal entities, except for business traveling in accordance with Russian law, international treaties of the Russian Federation or mutual arrangement of governmental authorities, local authorities with governmental authorities/local authorities of foreign states, international and foreign agencies


d) use materials, equipment, funds and information intended for office use other than for performance of duties vested with him/her e) disclose or use for the purposes not related with performance of duties vested with him/her the information referred, in accordance with the federal law, to information of restricted access, or service information, which became known to him/her in connection with performance of duties vested with him/her.


(Section 151 was introduced by Federal Law of December 25, 2008, # 274-FZ)


152. If possession by a member of the election commission indicated in Section 151 of this Article of incomebearing securities, shares (stakes in share capitals of companies) may lead to a conflict of interests, the member shall be obliged to transfer the securities, shares (stakes in the share capitals of companies), which belong to him/her, to trust management in accordance with Russian law.


(Section 152 was introduced by Federal Law of December 25, 2008, # 274-FZ).


16. Federal bodies of state power, bodies of state power of subjects of the Russian Federation, bodies of local self-government shall take necessary measures to provide financial and social support (including medical, recreational, housing, pension support, and other types of support) of persons listed in Sections 12-14 of this article. The level of financial support (including the size and nature of monetary compensation, other benefits) and social support of a member of the Central Election Commission of the Russian Federation who is employed in the said commission on a permanent/staff basis, shall not be lower than the level of financial and social support established for persons filling state offices of the Russian Federation in a federal executive body: a member of the election commission of a subject of the Russian Federation who is employed in the said commission on a permanent/staff basis – not lower than the level of material and social support established for persons who occupy state offices of the subject of the Russian Federation in a legislative/ representative of executive governmental body of the subject of the Russian Federation; that of a member of the territorial commission who is employed in the said commission on a permanent/staff basis – not lower than the level of material and social support established for persons who occupy supreme offices of state civil service of the subject of the Russian Federation in the executive body of the state power of the subject of the Russian Federation or its territorial office; a member of the election commission of municipality who is employed in the said commission on a permanent/staff basis – not lower than the level of material and social support established for persons occupying municipal offices in the representative body of the municipality. The amount and types of monetary remuneration to the said persons as well as the amount and types of other benefits provided to the said persons shall be established, respectively, by the federal laws and other regulatory acts of the Russian Federation, laws and other regulatory acts of subjects of the Russian Federation, charters of municipalities, and other regulatory acts of bodies of local self-government.


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


161. To persons who occupied governmental offices of the Chairman, deputy Chairman, secretary or member of the Central Election Commission of the Russian Federation with the right of casting vote, who is employed in the said commission on a permanent/staff basis, the term of powers of which has expired in connection with termination of powers of the Central Election Commission of the Russian Federation, within which they were included, and not appointed members of the said commission in its new composition for the employment period or formalization of pension benefits (but not more than three months from the date of expiry of the term of powers), the remuneration established in accordance with the occupied positions shall be paid, and the medical, resort, residential support conditions will remain the same (including those for the family members). To the said persons who occupied state positions of the Chairman, Deputy Chairman, secretary or member of the Central Election Commission of the Russian Federation with the right of casting vote, who is employed in the state commission on the permanent/staff basis, the continuous employment time shall be retained, provided that the interval between the expiry date of their powers and the date of employment at new job or registration of pension does not exceed 3 months. Guarantees for members of other election commissions acting on a permanent basis and not being legal entities, with the right of casting vote, who are employed in these commissions on a permanent basis shall be established in laws of subjects of the Russian Federation.


(Section 161 was introduced by Federal Law of July 21, 2005, # 93-FZ).


17. A voting member of a commission may be entitled to extra compensation (remuneration) for his work for the commission in the preparation and conduct of an election, a referendum. A voting member of a commission who has been relieved, at the request of the commission, from his main job for the period of the preparation and conduct of an election, a referendum, shall retain his main job (office) and be compensated for the period during which he was relieved from his main job. The size of and the procedure for payment of such compensation and extra compensation (remuneration) shall be established by the commission organizing the respective election, referendum from and within the limits of the funds allocated from budgets for the conduct of such election, referendum.


18. Resolutions as to instigation of a criminal case with respect to a member of the commission with the right of casting vote, his/her engagement as an accused person into a criminal case shall be taken by a head of the investigation body of the Investigation Committee of the Russian Federation for the subject of the Russian Federation. The petition to the court as to selection of imprisonment as a penalty against a member of the commission with the casting vote may be instigated with consent of the head of the investigation body of the Investigation Committee of the Russian Federation for the subject of the Russian Federation. A member of the commission with the casting vote may not be subjected to administrative penalties imported judicially without consent of the prosecutor of a subject of the Russian Federation.


(in the version of Federal Laws of July 24, 2007, # 214-FZ, of December 28, 2010, # 404-FZ).


181. Resolutions as to instigation of a criminal case with respect to a member of the Central Election Commission of the Russian Federation with casting vote, the chairman of the election commission of the subject of the Russian Federation, their engagement as accused persons shall be taken by the Chairman of the Investigation Committee of the Russian Federation. The petition to the court as to selection of imprisonment as a penalty against a member of the Central Election Commission of the Russian Federation with the casting vote may be instigated with consent of the Chairman of the Investigation Committee of the Russian Federation. A member of the Central Election Commission of the Russian Federation with the casting vote, the Chairman of the election commission of the subject of the Russian Federation cannot be subjected to administrative penalty, imposed juridicaly, without consent of the Prosecutor General of the Russian Federation.


(Section 181 was introduced by Federal Law of July 24, 2007, # 214-FZ, in the version of Federal Law of December 28, 2010, # 404-FZ).


19. A voting member of a commission, a non-voting member of a commission shall not be dismissed from his job on the initiative of his employer or transferred to a different job without his consent respectively before the expiration of his powers and in the period of an election campaign, a referendum campaign.


20. The candidate, the election association that nominated a list of candidates, from the date of submission to the election commission of documents for registration of the candidate/ the list of candidates, shall be entitled to appoint one member of this election commission with the right of consultative vote, and in case of registration of the candidate/ the list of candidates – one member of the election commission with the right of consultative vote to each lower election commission. The election association that submitted the registered candidate(s) for one-seat/multi-seat election district, shall be entitled to appoint one member of the higher commission with respect to the election commission that registered the candidate(s), with the consultative vote. Each election association may appoint to the election commission more than one member of the election commission with the consultative vote.


(Section 20 in the version Of Federal Law of July 21, 2005, # 93-FZ).


21. The initiative group for holding a referendum and election associations, the list of candidates of which were admitted included in the distribution of deputy seats in the legislative (representative) body of state power, the representative body of municipality in accordance with the level of the referendum, as well as political parties, to federal lists of candidates to which deputy mandates were transferred in accordance with Article 821 of Federal Law, On election of Deputies to the State Duma of the Federal Assembly of the Russian Federation, and the political parties, to list of candidates of which 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, after official publication of the resolution on appointment of the referendum, shall be free to appoint one member of the referendum commission with the consultative vote to lower commission of the referendum


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of May 12, 2009, # 94-FZ, of April 22, 2010, # 63- FZ).


211. Members of the commissions with consultative vote may not be the persons indicated in paragraphs a, c, f of Section 1 of this Article, Russian citizens recognized by a court judgment that took legal effect as incompetent, members of the Federation Council of the Federal Assembly of the Russian Federation, members of apparatuses of the commissions, trustees of candidates, election associations as well as persons that occupy command positions in military units, military organizations and institutions.


(Section 211 was introduced by Federal Law of July 21, 2005, # 93-FZ).


212. Members of commissions with the casting vote, duly authorized by the appropriate commissions, shall draft minutes of administrative offence in accordance with the Code of the Russian Federation on Administrative Offence.


(Section 212 was introduced by Federal Law of July 21, 2005, # 93-FZ).


22. A non-voting member of a commission shall have the same rights as a voting member of a commission, with the exception to the rights to: a) issue and sign ballots, absentee certificates;


b) participate in sorting out, counting, and canceling of ballots;


c) compile the protocol of vote returns, the election results, referendum election;


d) participate in the voting on the matters which are within the scope of competence of the relevant commission, and sign the commission’s decisions e) draft minutes on administrative offence


(Section ‘e’ was introduced by Federal Law of July 21, 2005, # 93-FZ)


The provisions contained in this section shall not serve a reason for refusing a non-voting member of a commission the right to be present at the performance of any actions mentioned in this section.


23. A voting member of a commission and a non-voting member of a commission shall: a) receive timely notices about meetings of the relevant commission;


b) speak at the commission’s meetings, make proposals on issues falling within the scope of competence of the relevant commission, and request that these matters be put to the vote;


c) put questions to other participants in the commission’s meeting in accordance with the agenda, and receive meaningful answers to these questions; d) inspect documents and materials (including lists of voters, referendum participants, signature sheets, financial statements of candidates, electoral associations, , ballots) that are directly connected to the election, the referendum, including documents and materials on a machine-readable media, of the relevant commission or lower commissions, and receive copies of such documents and materials (with the exception of ballots, absentee certificates, lists of voters, referendum participants, signature sheets, other documents and materials containing confidential information classified as such in accordance with the procedure established by the federal law), and have such copies certified;


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


e) make sure that the number of voters who took part in the voting has been calculated correctly according to the voters list and that the ballots have been correctly sorted out in accordance with candidates, political parties,, options of replying to the question of the referendum; (in the version of Federal Law of July 21, 2005, # 93-FZ) f) appeal actions (omissions) of the commission in the relevant higher commission or a court.


24. The powers of non-voting members of an election commission operating on a permanent basis, who have been appointed by candidates who have been elected by electoral associations, the lists of whose candidates were included in the distribution of deputy seats, political parties, to federal lists of candidates of which deputy seats were transferred in accordance with Article 821, Federal Law on Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation, and political parties, to the lists of candidates of which deputy seats 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, shall continue until the end of registration of candidates, lists of candidates at the next election of the same body or of the same office. The powers of other non-voting members of a commission operating on a permanent basis shall expire on the day of the end of the appropriate electoral campaign. Powers of other members of other election commissions, referendum commissions shall expire at the same time as the powers of such commissions. If the registration of a candidate, an electoral association, an electoral bloc (registration of a list of candidates) is refused, or registration of a candidate, a list of candidates is annulled or cancelled, , the powers of non-voting members of the election commission, which were elected by such candidate, election association, which put forward such candidate, such list of candidates, shall cease, accordingly, as of the day of such cancellation or annulment, and if the decision about the refusal of registration is appealed in a court, from the day on which the court decision regarding the lawfulness of the refusal of registration came into legal force.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of May 12, 2009, # 94-FZ, of April 22, 2010, # 63- FZ).


25. A non-voting commission member shall, within the period of his powers, have the rights conferred by this article in relation to the preparation and conduct of all elections and referendums in which this commission is involved.


26. The powers of a non-voting commission member may be terminated by a decision of the person or body that appointed such commission member, and transferred to another person.


27. Elected candidates and electoral associations, whose lists of candidates have been included in the distribution of deputy seats, political parties, to federal lists of candidates of which deputy mandates were transferred in accordance with Article 821, Federal Law on Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation, and political parties, to list of candidates of which deputy mandates were transferred in accordance with the law of the subject of the Russian Federation, as envisaged in Section 17, Article 35, this Federal Law, shall, for the period of powers of the deputy, the official, retain the right to appoint non-voting members of election commissions operating on a permanent basis, including the right to appoint replacements to withdrawn members.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of May 12, 2009, No 94-FZ, of April 22, 2010, # 63- FZ).