Home > 2.1.1 Electoral commissions > 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 30
 

1. Members of higher commissions and members of their administrations, a candidate registered by the given or a higher commission or his agent, an authorized representative or an agent of the electoral association, whose list of candidates has been registered by this or a higher commission or a candidate from the said list, a member or an authorized representative of the referendum initiative group may attend all meetings of the commission as well as counting of votes of voters/referendum participants, and when the appropriate precinct, territorial commissions are working on lists of voters, referendum participants, ballots, absentee certificates, protocols on vote returns. The aforementioned persons shall not need any additional permission to attend the meetings and be present when the election commission is working with the said electoral documents, documents related to the preparation and conduct of a referendum. The commission shall inform the aforementioned persons and provide free access for them to its meetings and to the premises where the votes of voters/ referendum participants are counted and where work is performed with the aforementioned electoral documents, documents related to the preparation and conduct of a referendum. Members of the press may also be present at all meetings of the commissions, when it is working with the said documents and counting votes cast by voters, referendum participants.


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


2. Decisions of commissions that are directly related to the preparation and conduct of an election, a referendum shall be published in state or municipal print media or otherwise communicated to voters, referendum participants, and provided to other mass media in the scope and within the periods established by law. In case of publication/ communication of resolutions of election commissions, which contain information on candidates, the series and number of passport of the candidate or the document that replaces a passport of the citizen, its issue date, the name or code of the body that issued the passport or the document that replaces the passport of the citizen should not be indicated, and the name of the subject of the Russian Federation, a district, city or another population center where his/her residential address is located are indicated instead of the residential address.


(in the version of Federal Law of July 1, 2010, # 133-FZ).


3. On voting day from the time the precinct commission begins its work and until it is notified by the higher commission about acceptance of the protocol of vote returns and also when votes cast by voters, referendum participants are recounted, the persons referred to in Section 1 of this article as well as observers, foreign (international) observers may be present at the polling stations.


4. At an election, an observer may be appointed by a registered candidate, electoral association, electoral bloc, public association that put forward the registered candidate, registered candidates, by the election association that registered the list of candidates. The law may envisage a possibility to appoint observers by other public associations. In a referendum, an observer may be appointed by the referendum initiative group, a public association that must be established and registered at a level corresponding with the level of the referendum or on a higher level. Elective officials, deputies, higher officials of subjects of the Russian Federation (heads of supreme executive bodies of state power of subjects of the Russian Federation), heads of local administration, their direct subordinates, judges, prosecutors, members of commissions with casting vote shall not be appointed observers.


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


5. Access to the premises of the precinct commission in any election precinct, referendum precinct formed on the territory of a military unit, closed administrative-territorial unit, at a hospital, sanatorium, holiday hotel, places of imprisonment for suspects and accused persons and to the polling station in this election precinct, referendum precinct shall be provided to all members of the precinct commission, persons indicated in Section 1 of this article, observers.


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


6. Observers, foreign (international) observers may be present at other commissions when they are conducting early voting, determining vote returns, results of elections, compiling relevant protocols on vote returns, election results or when votes are being recounted.


7. The powers of an observer shall be certified by written credentials issued by a registered candidate or his agent, an electoral association,, a public association, the referendum initiative group represented by the observer. The credentials must indicate the surname, first name and patronymic of the observer; address of his place of residence; number of the electoral precinct; name of the election commission (district, territorial, precinct election commission) to which the observer is sent, and also a record is made as to the absence of restrictions as envisaged in Section 4 of this Article. Provision of any additional information about the observer shall not be required and the credentials need not be certified by a seal if the observer is appointed by a candidate or his agent. These credentials shall be valid if produced together with a passport or its substitute. An advance notification about sending of an observer shall not be required.


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


8. The document indicated in Section 7 of this article may be presented to a precinct commission in the period indicated in Section 3 of this article, to a territorial or another commission, at early voting or in the period from the commencement of voting in electoral precincts, referendum precincts to the completion of the final protocol for the relevant territory. Two or more observers representing the same registered candidate, electoral association, , public association, referendum initiative group shall not simultaneously exercise their powers on the premises of the commission, at the polling station. No restrictions other than those imposed by this Federal Law shall be established on the presence of observers on the premises of an election commission or at the polling station; on monitoring of voting and vote counting, preparation of the protocols of vote returns; on the issuance of copies of the protocols of vote returns.


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


9. Observers shall be entitled to


a) inspect voters lists, lists of referendum participants, the register of issue of absentee ballots, the absentee ballots kept in the commission, the register of applications on voting outside polling stations


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


b) be present at polling stations of the relevant electoral precinct, referendum precinct on voting day at any time during the period specified in Section 3 of this article;


b1) oversee the issue of ballots to voters and referendum participants


(section b1) in the version of Federal Law of July 21, 2005, # 93-FZ)


c) attend the voting procedure at an election, a referendum outside the polling station;


d) watch the number of citizens being entered in the lists of voters, referendum participants, ballots being issued to voters, referendum participants, canceled ballots being counted; watch votes cast by voters, referendum participants being counted at the polling station at elections, a referendum from a distance and under conditions which allow them to see the marks made by voters, referendum participants on the ballots; inspect any marked and unmarked ballot when votes cast by voters, referendum participants are being counted; watch the commission preparing the protocol of vote returns and other documents during the period indicated in Section 3 of this article;


e) apply to the chairman of the precinct commission, and in the event of the Chairman’s absence, to the person acting in the chairman’s capacity, and make proposals and comments regarding the organization of the voting procedure;


f) inspect the protocols of the relevant commission, lower commissions of vote returns, results of the election, the referendum and documents attached thereto, receive from the relevant commission certified copies of such protocols and documents or make copies of such protocols


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


g) wear a badge indicating the observer’s status, surname, first name, patronymic, and also the surname, first name, patronymic of the registered candidate or the name of the electoral association, public association, that have sent the observer to the commission; The Law may envisage that the form of the badge is established by the commission that arranges for elections/ referendum


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


h) appeal, in the procedure established by Article 75 of this Federal Law, actions (omissions) of a commission to the higher commission, the election commission of the subject of the Russian Federation, the Central Election Commission of the Russian Federation or a court;


i) be present when the appropriate commissions are recounting votes cast by voters, referendum participants.


10. An observer shall not:


a) issue ballots to voters or referendum participants;


b) sign for a voter, referendum participant for receipt of ballots even when asked to do so by the voter, referendum participant;


c) mark ballots for a voter, referendum participant even upon his request;


d) do anything violating the secrecy of voting;


e) directly participate in ballot counting conducted by voting members of the commission;


f) do anything interfering with the work of the commission;


g) conduct campaigning among voters, referendum participants;


h) participate in the adoption of decisions by the relevant commission.


11. Members of the press, while participating in coverage of preparation for and holding of elections and referendums, shall be free to:


a) attend the meetings of the commissions


b) examine the protocol of vote returns of the precinct commission and the protocols of vote returns, results of the elections, referendum, receive from the appropriate commission copies of the said protocols and documents attached thereto.


c) attend the propaganda events and cover them


d) be in the polling station on the voting date, on early voting date, take pictures and camera shooting (Section 11 in the version of Federal Law of July 21, 2005, # 93-FZ)


12. Copies of protocols and other documents of commissions shall be certified by the chairman, or the deputy chairman, or the secretary of the relevant commission. In this case, the person who certifies the copy of the document, writes "This is a true copy" on the copy being certified, signs off, indicates his/her surname and initials, the date and time of certification of the copy and sets the seal of the appropriate commission


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


13. Foreign (international) observers shall receive the permit to enter the Russian Federation in the procedures provided for by the federal law and, if invited by the bodies of state power, commissions organizing the election, the referendum, they shall be accredited by the Central Election Commission of the Russian Federation. Foreign (international) observers shall conduct their activities in compliance with the federal laws.