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
 
 
 
Download file    
 
 
Article 31
 

1. A commission may be dissolved by a court of appropriate jurisdiction established by Section 2, Article 75 of this Federal Law if:


a) a violation of the electoral rights of citizens, the right of citizens to participate in a referendum committed by the commission resulted in the fact that the vote returns in the corresponding territory or the results of the elections, referendum were declared invalid by the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation in accordance with the procedure established by this Federal Law, another law (among other things, on the basis of a court decision);


b) the commission fails to abide by a decision of a court or a higher commission, decisions of the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation, the election commission of the municipality, adopted in accordance with Section 7, Article 75 of this Federal Law.


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


c) non-fulfillment by the commission of its duty to appoint elections, which entailed appointment of elections by a provisional election commission in such manner as established in Section 9, Article 10, of this Federal Law.


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


2. An application asking for dissolution of the Central Election Commission of the Russian Federation may be submitted to a court by a group numbering not less than one-third of the total number of members of the Federation Council of the Federal Assembly of the Russian Federation or deputies of the State Duma of the Federal Assembly of the Russian Federation.


3. An application asking for dissolution of the election commission of a subject of the Russian Federation, may be submitted to a court by a group numbering not less than one-third of the total number of members of the Federation Council of the Federal Assembly of the Russian Federation or deputies of the State Duma of the Federal Assembly of the Russian Federation or not less than one-third of the total number of deputies of the legislative (representative) body of the relevant subject of the Russian Federation, or by a group of deputies of any elective chamber of the aforementioned body numbering not less than one-third of the total number of deputies of this chamber, and also by the Central Election Commission of the Russian Federation.


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


4. An application asking for dissolution of a district election commission at elections of the legislative (representative) body of a subject of the Russian Federation, may be submitted to a court by a group of deputies numbering not less than one-third of the total number of deputies of the legislative (representative) body of the given subject of the Russian Federation, or by a group of deputies of any elective chamber of the aforementioned body numbering not less than one-third of the total number of deputies of such chamber, as well as the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation. The application to the court as to disassembly of the election commission of a municipality, district election commission for elections to a representative body of the municipality, territorial precinct commission may be submitted by a group of deputies who account for at least 1/3 of the total number of deputies of the appropriate legislative/ representative body of state power of the subject of the Russian Federation or a group of deputies of any of the elected chambers of the said body who account for at least 1/3 of the total number of deputies of this authority, or the Central Election Commission of the Russian Federation or the election commission of the subject of the Russian Federation, and the application for disassembly of the election commission of the settlement, also the appropriate election commission by the municipality.


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


5. An application asking for dissolution of a commission organizing an election, a referendum may be submitted to a court after the end of the election campaign, the referendum campaign but not later than three months after the day on which the election campaign, the referendum campaign ends. An application to a court about dissolution of another commission may be submitted not later than 30 days before voting day or after the end of the election campaign, the referendum campaign but not later than three months after the grounds for dissolution of the commission emerge. In the event of a repeat voting, an application to a court about dissolution of a precinct commission may also be submitted in the period after the vote returns in this precinct have been determined but not later than seven days before the day of the repeat voting.


6. An application asking for dissolution of a commission shall be accepted for consideration immediately and a decision shall be taken thereon not later than 14 days after its acceptance, and in the period of an election campaign, a referendum campaign, not later than three days after the day on which the application is submitted. A case of dissolution of a commission shall be examined by a court in a full session.


7. If a court rules that the Central Election Commission of the Russian Federation be dissolved, the said commission shall be formed in accordance with Article 21 of this Federal Law.


8. If, in the period of an election campaign, a referendum campaign, a court rules that the election commission of a subject of the Russian Federation be dissolved, the Central Election Commission of the Russian Federation shall form, in compliance with the provisions of Section 1, Article 29 of this Federal Law, a provisional election commission of the subject of the Russian Federation composed of new members. After the end of the period of the election campaign, the referendum campaign, the election commission of the subject of the Russian Federation shall be formed by bodies of state power of the subject of the Russian Federation in compliance with provisions of Sections 22 and 23 of this Federal Law.


9. If, in the period of an election campaign, a referendum campaign, a court rules that a municipality election commission be dissolved, the election commission of the subject of the Russian Federation, shall form, in compliance with Section 1, Article 29 of this Federal Law, the appropriate provisional commission comprised of new members. After the end of the election campaign, the referendum campaign, the municipality commission shall be formed by the representative body of the municipality in compliance with the provisions of Sections 22 and 24 of this Federal Law.


(Section 9 in the version of Federal Law of July 21, 2005, # 93-FZ).


10. If court rules that any commissions other than those referred to in Sections 8 and 9 of this article be dissolved, such commissions composed of new members shall be formed by higher commissions in the period of an election campaign, a referendum campaign in compliance with provisions of Section 1, Article 29 of this Federal Law, and after the end of the period of the election campaign, the referendum campaign, in compliance with provisions, Articles 22, 25, and 26 of this Federal Law


11. A provisional commission shall be formed not later than three days of the date when the court ruling on dissolution of a commission came into legal force. Beyond the period of an election campaign, a referendum campaign, a new commission shall be formed not later than one month of the day when the court ruling on dissolution of a commission came into legal force (after the last day of the election campaign, the referendum campaign). In this case, the first meetings of such commissions shall be convened by the body that formed them. Powers of provisional commission shall inure from the date of its first meeting and shall terminate on the date established by the commission that established the provisional commission.


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


12. Dissolution of a commission shall not entail termination of powers of non-voting members of such commission.


In accordance with Article 2, Federal Law of June 4, 2010, # 117-FZ, On Making Amendments to Federal Law on the Basic Guarantees of Election rights and Rights to Participation in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 21, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the Right to Participate in Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commission shall apply with respect to the appropriate election commissions, established after the date when this Federal Law took effect.


** In accordance with Article 2, Federal Law of June 4, 2011, # 117-FZ, On Making Amendments to the Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 23, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply with respect to the appropriate election commissions established after the effective date hereof.


** In accordance with Article 2, Federal Law of June 4, 2011, # 117-FZ, On Making Amendments to the Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 5, Article 24, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply with respect to the appropriate election commissions established after the effective date hereof.


**** In accordance with Article 2, Federal Law of December 27, 2009, # 357-FZ, On Making Amendments to Article 24 of Federal Law On the Basic Guarantees of the Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, the election commissions of municipal entities established before the effective date hereof shall preserve their powers before expiry of the term, for which they were established. In case of early termination of powers of a member of the election commission of municipality, established before the effective date hereof, the new member of the elective commission shall be elected as follows:


1) if a member of the election commission was appointed at the proposal of a political party or another election association, specified in Section 8, Article 24, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the right to Participation in the Referendum of Citizens of the Russian Federation (hereinafter Federal Law on the Basic Guarantees of Election rights and Rights to Participate in the Referendum of Citizens of the Russian Federation), a new member of the election commission shall be appointed at the proposal of the same political party and the same election association;


2) if a member of the election commission is appointed other than at the proposal of the political party or another election association, as indicated in Section 8, Article 24, Federal Law, On the Basic Guarantees of Election rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation, a new member of the election commission shall be appointed at the proposal of a political party or another election association indicated in Section 8, Article 24, Federal Law on the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, and if all of the political parties and other election associations indicated in Section 8, Article 24, of this Federal Law, have already appointed members of the election committee of a municipality, or at the proposal of these political parties or other election associations a half of the total number of members of the election commission of the municipality were appointed, the new member of the election commission shall be appointed in accordance with Sections 9 to 93, Article 24, Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in Referendum of Citizens of the Russian Federation.


* In accordance with Article 2, Federal Law of June 4, 2010, # 117-FZ, On Making Amendments to Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 26, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the Right to Participation in a Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply to the appropriate election commissions, which were established after the effective date hereof.


In accordance with Article 2, Federal Law of June 4, 2010, # 117-FZ, On Making Amendments to Federal Law on the Basic Guarantees of Election rights and Rights to Participation in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 21, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the Right to Participate in Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commission shall apply with respect to the appropriate election commissions, established after the date when this Federal Law took effect.


** In accordance with Article 2, Federal Law of June 4, 2011, # 117-FZ, On Making Amendments to the Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 23, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply with respect to the appropriate election commissions established after the effective date hereof.


** In accordance with Article 2, Federal Law of June 4, 2011, # 117-FZ, On Making Amendments to the Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 5, Article 24, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply with respect to the appropriate election commissions established after the effective date hereof.


**** In accordance with Article 2, Federal Law of December 27, 2009, # 357-FZ, On Making Amendments to Article 24 of Federal Law On the Basic Guarantees of the Election Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, the election commissions of municipal entities established before the effective date hereof shall preserve their powers before expiry of the term, for which they were established. In case of early termination of powers of a member of the election commission of municipality, established before the effective date hereof, the new member of the elective commission shall be elected as follows:


1) if a member of the election commission was appointed at the proposal of a political party or another election association, specified in Section 8, Article 24, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the right to Participation in the Referendum of Citizens of the Russian Federation (hereinafter Federal Law on the Basic Guarantees of Election rights and Rights to Participate in the Referendum of Citizens of the Russian Federation), a new member of the election commission shall be appointed at the proposal of the same political party and the same election association;


2) if a member of the election commission is appointed other than at the proposal of the political party or another election association, as indicated in Section 8, Article 24, Federal Law, On the Basic Guarantees of Election rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation, a new member of the election commission shall be appointed at the proposal of a political party or another election association indicated in Section 8, Article 24, Federal Law on the Basic Guarantees of Elective Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation, and if all of the political parties and other election associations indicated in Section 8, Article 24, of this Federal Law, have already appointed members of the election committee of a municipality, or at the proposal of these political parties or other election associations a half of the total number of members of the election commission of the municipality were appointed, the new member of the election commission shall be appointed in accordance with Sections 9 to 93, Article 24, Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in Referendum of Citizens of the Russian Federation.


* In accordance with Article 2, Federal Law of June 4, 2010, # 117-FZ, On Making Amendments to Federal Law on the Basic Guarantees of Election Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation, in connection with change in the term of powers of election commissions, provisions of Section 3, Article 26, Federal Law of June 12, 2002, # 67-FZ, On the Basic Guarantees of Election Rights and the Right to Participation in a Referendum of Citizens of the Russian Federation (in the version of this Federal Law), which pertain to the term of powers of election commissions shall apply to the appropriate election commissions, which were established after the effective date hereof.