Home > 1.1.3.2 Submission of a list of candidates > 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 35
 

1. Electoral associations shall be free to nominate candidates, lists of candidates. In a single-seat election district, an election association shall be free to nominate one candidate. In a multi-seat election district, an election association shall be free to elect a candidate for each deputy seat in this electoral district. In a single election district, the election association shall be free to nominate one list of candidates, and in holding of elections of an elected official, one candidate.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of December 5, 2006, # 225-FZ, of July 1, 2010, # 133-FZ).


11. The law of the subject of the Russian Federation may envisage nomination by the election association of candidates under single-seat (multi-seat) election districts in a list that determines, for which single-seat (multiseat) election district the candidate is nominated (hereinafter – the list of candidates for the single-seat (multiseat) election districts). In this case, the law of the Russian Federation constituent may also envisage certification of the list of candidates in single-seat (multi-seat) election districts by the commission that arranges for the elections.


(Section 11 was introduced by Federal Law of July 1, 2010, # 133-FZ).


2. Nomination of candidates, lists of candidates by political parties shall be regulated by the Federal Law “On Political Parties.” Nomination of candidates by other public associations shall be carried out at congresses (conferences, meetings) of such public associations, their regional or local branches, by secret ballot, and in compliance with other requirements of the federal law regarding nomination of candidates by political parties.


(in the version of Federal Law of April 5, 2009, # 42-FZ)


21. At the elections of deputies to representative bodies of municipalities, the public associations registered in accordance with law, which are not political parties, their units shall be free to nominate candidates for inclusion into the lists of candidates nominated by election associations. Inclusion of such candidates into the lists of candidates shall be carried out in such manner as established in the Federal Law on Political Parties.


(Section 21 was introduced by the Federal Law of April 5, 2009, # 42-FZ).


Sections 3 to 8 became invalid – Federal Law of July 21, 2005, # 93-FZ.


9. The Federal executive authority in charge of registration of public associations and political parties, its territorial offices shall draft a list of political parties, other public associations entitled, in accordance with Federal Law on Political Parties and this Federal Law to participate in elections as election associations, as of the date of official publication of the resolution as to appointment of elections shall, within three days from the date of official publication of the resolution of the appointment of the elections, publish the said list in the federal or municipal periodical printed editions and post the same in the Internet. Also, within the same period of time, they send the said list the election commission that arranges for the elections. At the elections to the federal governmental authorities, the political parties that are entitled, in accordance with the Federal Law on Political Parties, to take part in the elections, are included into this list. At the elections to the bodies of state power of subject of the Russian Federation, the political parties and their respective regional divisions that are entitled, in accordance with the Federal Law on Political Parties to take part in the elections are included into the said list. At the elections to bodies of local self-government, the political parties, their respective regional offices and other units entitled, in accordance with the Federal Law on Political Parties to take part in the elections as well as other public associations that meet the requirements envisaged in Section 25, Article 2, of this Federal Law and their respective units, are included into that list.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of April 5, 2009, # 42-FZ, of July 11, 2011, # 200- FZ).


10. The name of the election association shall be the name indicated in the document of state registration of the election association issued by the federal executive body authorized to act in the field of registration of public associations. The name of the election association, which is not a legal entity, shall be the name indicated in the resolution as to its establishment.


(in the version of Federal Laws of July 1, 2010, # 133-FZ, of July 23, 2011, # 259-FZ).


11. Became invalid. – Federal law of July 21, 2005, # 93-FZ).


12. In such cases and such manner as envisaged in the law, the election association shall be free to submit to the appropriate election commission its emblem, the description of which is available in its charter.


(Section 12 in the version of Federal Law of July 21, 2005, # 93-FZ).


13. Change in the names and emblems of the election associations after presentation of such names and emblems to the appropriate election commission shall not be allowed.


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


14. The list of candidates nominated by the election association shall be submitted to the election commission that arranges elections, together with documents listed in Sections 2 and 3, Article 33, of this Federal Law.


Simultaneously with the list of candidates, the list of persons included into the appropriate list of candidates and being members of this political party, which was officially certified by the standing management body of the political party, its regional department or another unit, is submitted to the said election commission. If, according to Federal Law on Political Parties, the candidates proposed by the public association, which is not a political party, or its unit are included into the list of candidates, the notarized copy of the agreement envisaged in Section 11, Article 26, Federal Law on Political Parties, and the list of persons included on the basis of this agreement into the list of candidates, should be submitted to the said election commission. The Law may envisage that, together with the list of candidates, the election association should provide other documents related to nomination of the list of candidates. In this case, the law may not envisage the duty to submit a copy of a charter of the political party. The election commission shall, within three days from receipt of the documents, certifies the list of candidates nominated by the election association. The federal law may establish another period of time for certification of the list of candidates. The reasons for refusal to certify the list of candidates shall be the lack of documents indicated in the law, non-compliance with the requirements to the nomination of the list of candidates envisaged in the Federal Law on Political Parties, this Federal Law.


(in the version of Federal Laws of July 12, 2006, # 106-FZ, of December 5, 2006, # 225-FZ, of April 5, 2009, # 42-FZ, of July 1, 2010, # 133-FZ, of July 23, 2011, # 259-FZ).


141. In case of nomination by the election association of candidates to single-seat (multi-seat) districts in a list and if there is a need, in accordance with the law of the subject of the Russian Federation, to have it certified by the election commission that arranges for the elections, the authorized representative of the election association shall submit the following documents to the election commission that arranges for the elections:


a) the list of candidates for single-seat (multi-seat) election districts, which indicates the surname, the name and the patronymic of each candidate included into it, the date and place of his/her birth, the residential address, the series, number and issue date of the passport or the substitute of the passport, the name and code of the issuing authority for the passport and the substitute of the passport, as well as the number and/or name of the single-seat (multi-seat) election district, in which the candidate is elected.


b) a copy of passport of each candidate or the substitute of passport, certified by the competent representative of the election association


c) resolution as to appointment of the authorized representative of the election association, which indicates the surname, first name and patronymic, date of birth, residential address, series, number and date of issue of the passport or its substitute, the principal place of employment or service, the occupied position (in the absence of the principal place of employment – the kind of occupation)


d) notarized copy of the document of state registration of the election association issued by the federal executive authority in charge of registration of public associations, and if a public association is not a legal entity, also a resolution as to its establishment. The law of the subject of the Russian Federation may envisage any other method of certification of such document.


(in the version of Federal Law of July 23, 2011, # 259-FZ).


e) for public associations (except for political parties, their regional offices and other units), a copy of the articles of association of the public association, certified by the standing management body of the public association


(Section ‘e’ in the version of Federal Law of July 23, 2011, # 259-FZ)


f) a resolution of the congress of the political party (conference or general meeting of its regional office, general meeting of other unit of the political party, and in cases envisaged in the Federal Law on Political Parties, the appropriate body of the political party, its regional office or another unit), the congress (conference, meeting) of another public association, its regional office or local department for nomination of candidates in single-seat (multi-seat) election districts in the list g) document evidencing agreement with the appropriate body of the political party or another public association of candidatures nominated as candidates, if such agreement is envisaged in the charter of the political party or another public association.


(Section 141 was introduced by Federal Law of July 1, 2010, # 133-FZ)


142. The election commission that arranges for the elections shall, within three days from receipt of documents indicated in Section 141 of this Article, make a decision as to certification of the list of candidates in single-seat (multi-seat) election districts or as to refusal to certify the same, which refusal should be motivated. The reasons for refusal in certification of the list shall be the absence of documents envisaged in paragraphs a, c to g of Section 141 of this Article, non-compliance with the requirements to nomination of candidates as envisaged in Federal Law on Political Parties, this Federal Law. The absence of a copy of the passport of the candidate or the substitute of the passport, as envisaged in paragraph b of Section 141 of this Article and certified by the authorized representative of the election association, shall serve as reason for deletion of the appropriate candidate from the list of candidates in single-seat (multi-seat) election districts by the election commission that arranges for the elections, before its certification.


(Section 142 is introduced by Federal Law of July 1, 2010, # 133-FZ).


143. The resolution of the election commission that arranges for the elections as to certification of the list of candidates in single-seat (multi-seat) election districts, with a copy of the certified list or the refusal to certify the same, shall be provided to the authorized representative of the election association within one day from making of the appropriate resolution. Within the same period of time, the resolution as to certification of the list, with copies of the certified list (certified extracts from the list) shall be sent by the election commission that arranges for the elections to the appropriate district election commissions. The candidates included into the certified list of candidates in single-seat (multi-seat) election districts shall submit documents indicated in Sections 2 and 3 of Article 33 of this Federal Law to the district election commissions, in accordance with Section 5, Article 33, of this Federal Law.


(Section 143 was introduced by Federal Law of July 1, 2010, # 133-FZ).


144. List of candidates, list of candidates for single-seat (multi-seat) election districts shall be submitted to the election commission that arranges or the elections in hard copy, in the form approved by the commission. The list of candidates , the list of candidates in single-seat (multi-seat) election districts should be sewn, numbered (except for the list drafted on one page), certified with a signature of the authorized representative of the election association as well as the seal of the election association (if the election association is a legal entity). (Section 144 was introduced by Federal Law of July 1, 2010, # 133-FZ). 145. If elections are held in single-seat (multi-seat) election districts, when the law of the subject of the Russian Federation does not envisage certification of the list of candidates for single-seat (multi-seat) election districts, in addition to the documents listed in Sections 2 and 3 of Article 33 of this Federal Law, the candidates shall provide, in accordance with Section 5, Article 33, of this Federal Law, the following documents to the district election commission: a) notarized copy of the document of state registration of the election association issued by the federal executive authority in charge of registration of public associations, and if the election association is not a legal entity, also a resolution as to its establishment. The Law of the subject of the Russian Federation may envisage another method of certification of the said document. (in the version of Federal Law of July 23, 2011, # 259-FZ) b) for public associations (except for political parties, their regional offices and other units) – a copy of the charter of the public association certified by the standing management body of the public association.


(paragraph ‘b’ in the version of the Federal Law of July 23, 2011, # 259-FZ)


c) resolution of the congress of a political party (conference or general meeting of its regional department, general meeting of another unit of the political party, and in cases envisaged in Federal Law on Political Parties, the appropriate body of the political party, its regional office or another unit), the congress (conference, meeting) of another public association, its regional office or local office, for nomination of the candidate for the appropriate single-seat (multi-seat) election district d) the document that evidences agreement by the appropriate body of the political party, another public association of the candidature nominated as the candidate if such agreement is envisaged in the charter of the political party, another public association.


(Section 145 is introduced by Federal Law of July 1, 2010, # 133-FZ)


146. If the election association nominated candidates for several single-seat (multi-seat) election districts to the election commission that registers candidates, the documents envisaged in paragraphs a and b of Section 145 of this Article may be submitted by the authorized representative of the election association or the first candidate nominated by this election association, which submitted these documents. In this case, any other candidates nominated by this election association may not submit documents envisaged in paragraphs a and b of Section 145 of this Article to the same election commission.


(Section 146 was introduced by Federal Law of July 23, 2011, # 259-FZ)


15. After the list of candidates has been submitted to the election commission, the candidates on the list and the order in which they are arranged thereon shall not be changed otherwise than due to withdrawal (removal) of the candidates. The Law may envisage that an election association, with consent of the candidate nominated by this election association in the single-seat (multi-seat) election district, is entitled to change the election district, in which this candidate was initially nominated.


(in the version of Federal Law of July 21, 2055, # 93-FZ).


16. At least a half of the deputy seats in the legislative (representative) body of state power of a subject of the Russian Federation or in either of its chambers shall be distributed between the lists of candidates nominated by electoral associations, in proportion to the number of votes received by each list of candidates. The law of a subject of the Russian Federation may establish a minimum percentage of votes to be received by a list of candidates, which cannot be more than 7% of the number of votes of the voters who took part in the voting. In this case, the minimum percentage of votes of voters should be established so that not less than two lists of candidates, who received in the aggregate more than 50 percent of votes of the voters who took part in the voting be admitted to allocation of votes.


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


17. If the minimum percentage of votes, as established by the law of the subject of the Russian Federation and required for admission to allocation of deputy seats in the legislative/ representative body of state power of the subject of the Russian Federation, exceeds 5 percent of the votes of the voters who took part in the voting, this law should envisage the transfer of deputy seats to the lists of candidates who received less than the established minimum percentage but not less than 5 percent of votes of the voters who took part in the voting and are not admitted to allocation of deputy seats. According to the law of the subject of the Russian Federation, one deputy seat shall be transferred to each such list of candidates. This provision shall not apply if the said minimum percentage, as established in the law of the subject of the Russian Federation, is equal to 5 and less percent of total votes of the voters who took part in the voting.


(Section 17 is introduced by Federal Law of April 22, 2010, # 63-FZ)


18. Less than a half of deputy seats in the representative body of the municipality, city district, as elected at municipal elections, as equal to 20 and more deputies, shall be allocated between lists of candidates nominated by the election associations, pro rata the number of votes of the voters received by each of the lists of candidates. The law of the subject of the Russian Federation may envisage the minimum percentage of votes of the voters, as received by the list of candidates, as required for admission to such allocation of deputy seats and which cannot exceed 5 percent of the total votes of the voters who took part in the voting. Such minimum percentage of votes shall be established so that at least two lists of candidates that have jointly received more than 50 percent of votes cast by the voters who participated in the voting be included in the distribution of the deputy seats.


(Section 18 is introduced by Federal Law of March 30, 2011, # 38-FZ)