Home > 6.4 Special conditions to participate in the elections > 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 38
 

1. A candidate, a list of candidates shall be registered by the relevant election commission, provided that the documents indicated in Sections 2 and 3 of Article 33 of this Federal Law, other documents envisaged in law and provided to the appropriate election commission for notification of nomination of a candidate/ list of candidates as well as if the necessary quantity of signatures of voters is available, which were collected in support of nomination of the candidate/ list of candidates (unless otherwise envisaged in the law of the subject of the Russian Federation, in accordance with Section 17 of this Article), or if there is a resolution of the political party indicated in Section 16, 162 and 164 of this Article. Availability of the necessary number of signatures of the referendum participants collected in support of the initiative to hold the referendum, proposed by the initiative group to hold the referendum, shall serve as reason for appointment of the referendum in such manner as envisaged in law.


(in the version of Federal Laws of December 5, 2006, # 225-FZ, of February 9, 2009, # 3-FZ, of April 22, 2010, # 63-FZ, of March 20, 2011, # 38-FZ).


11. If the information on candidates is found to be incomplete, and the requirements of law to drafting of documents are detected, the appropriate election commission shall, at least three days prior to the date of the meeting of the election commission as to registration of the candidate / list of candidates, should be reviewed, notifies the candidate and the election association thereof. At least one day prior to the date of the meeting of the election commission where the issue as to registration of the candidate / list of candidates should be reviewed, the candidate shall be free to make amendments and supplements to the documents containing information on it, and the election association, to the documents containing information on the candidate nominated by it (candidates nominated by them), in particular, within the list of candidates, and those submitted in accordance with Sections 2 and 3 of Article 33 of this Federal Law, as well as other documents (except for signature sheets, with signatures of voters and the list of persons who collected signatures of the voters/ the referendum participants), which were submitted to the election commission for notification of nomination of the candidate(s)/ the list of candidates and their registration for the purpose of bringing of the said documents in conformity with the legal requirements, in particular, to their formalization. The candidate, the election association shall be free to replace the submitted document if it is issued in violation of the legal requirements.


(Section 11 was introduced by Federal Law of December 5, 2006, # 225-FZ, in the version of Federal Law of July 23, 2011, # 259-FZ).


2. The number of signatures of voters, referendum participants collected in support of a candidate, a list of candidates, a referendum initiative and submitted for the purposes of registration of a candidate, a list of candidates, for calling a referendum may exceed the number of signatures required for registration of the candidate, list of candidates, appointment of the referendum, but not more than by 10 percent, unless otherwise established in federal law. If for registration of a candidate, a list of candidates, appointment of the referendum it is necessary to submit less than 40 signatures, the number of provided signatures of the voters/ the referendum participants may exceed the number of signatures required for registration of the candidate/ the list of candidates, for appointment of the referendum, by not more than four signatures.


3. Law shall provide for a procedure to check compliance with the rules for collection of signatures of voters / referendum participants, issue of signature sheets, reliability of information on voters and referendum participants and their signatures as well as the reason for recognition of the signatures as invalid. All submitted signatures or their part, but not less than 20% of the number of signatures of voters, referendum participants as selected for verification by sampling/ casting of lot and established by law for registration of a candidate/ list of candidates may be subject to verification. Members of the lower commissions, experts out of the specialists of interior authorities, justice institutions, military commissariats, bodies in charge of registration of Russian citizens at the place of stay and the place of residence within the Russian Federation as well as other governmental agencies may be engaged in the verification. Opinions of the experts may serve as reason for recognition of the information contained in the signature sheets on voters and referendum participants and their signatures as untrue and/or invalid. Experts’ opinions shall be set forth in writing in the sheets of verification of signature sheets or in another document.


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


31. To establish reliability of information on voters and referendum participants as contained in signature sheets at the elections of deputies to the legislative/ representative authority of state power of the subject of the Russian Federation, heads and deputies to the representative body of the city district, having no territorial division, the municipal district, the intra-city territory of the federal-significance city, in initiating the referendum of the subject of the Russian Federation, referendum of the municipal district without territorial division, the municipal district, the intra-city territory of the federal-significance city, GAZ Vybory is used, including the register of voters and referendum participants. To establish reliability of data contained in signature sheets on voters and referendum participants at the elections of the head and deputies to the representative body of the city district with territorial division, a settlement, in initiating the referendum of the district of the city having the territorial division, the settlement, by resolution of the election commission of the subject of the Russian Federation, GAS Vybory may be used, including the register of voters and referendum participants.


(Section 31 was introduced by Federal Law of July 23, 2011, # 259-FZ.)


4. Signatures of voters and referendum participants contained in the signature sheets but deleted by the initiators of nomination of the candidate/ the list of candidates, the referendum shall not be subject to verification, if it is specifically stipulated by them in the signature sheet or in the protocol of the results of collection of signatures, before submission of the signature sheets to the commission.


5. Acronyms and abbreviations of words and dates, as available in information on the voter/ the referendum participant, which do not prevent from uniform perception of this information, shall not serve as reason for recognition of the signature of the voter/ referendum participant as invalid.


(in the version of Federal Law of December 5, 2006, # 225-FZ).


6. Any candidate who provided the number of signatures of voters as required for registration, his/her attorneys, authorized representatives of attorneys of any election association that nominated candidates / lists of candidates and provided the number of signatures of voters as necessary for registration, authorized representatives of the initiative group for the referendum, which submitted the number of signatures of referendum participants as required for appointment of the referendum, shall be entitled to attend at the verification of signatures of voters and referendum participants, in particular, during sampling of signatures for verification. The candidate, the authorized representative of the election association, the initiative group for the referendum that submitted the established quantity of signatures of voters/ referendum participants shall be notified of the appropriate verification.


61. Based on the results of verification of signatures of voters/referendum participants and the information on voters/ referendum participants on them, as contained in signature sheets, the signature of a voter/ referendum participant may be recognized as true or untrue and/or invalid.


(Section 61 was introduced by Federal Law of July 23, 2011, # 259-FZ).


62. If, during verification of signatures of voters/ referendum participants, several signatures of one and the same voter/ referendum participant are found in support of nomination of one and the same candidate/list of candidates, one and the same initiative of holding the referendum, one signature only shall be regarded as reliable, and the rest of signatures shall be deemed invalid.


(Section 62 was introduced by Federal Law of July 23, 2011, # 259-FZ)


63. A signature made in the name of one person by another person shall be recognized as unreliable based on resolution of an expert engaged to verify signatures of voters/ referendum participants in accordance with Section 3 of this Article.


(Section 63 was introduced by Federal Law of July 23, 2011, # 259-FZ).


64. The following shall be recognized as invalid:


a) signatures of voters, referendum participants collected till the date of payment for making of signature sheets, and at the elections to local authorities, in initiating holding a local referendum – till the day immediately following the date of notification of the commission of nomination of the candidate, certification of the list of candidates, registration of the initiative group to hold the local referendum


b) signatures of the persons not having an active elective right, the right to participate in the referendum


c) signatures of the voters, referendum participants who indicated in the signature sheet the information that is untrue. In this case, the signature may be recognized as invalid subject to availability of an official certificate of the authority in charge of state registration of Russian residents at the place of stay and the place of residence in the Russian Federation, or the opinion of the expert engaged in work on verification of signatures of the voters, the reference participants, in accordance with Section 3 of this Article


d) signatures of voters/ referendum participants, without provision of any information required in accordance with this Federal law and/or without indication of the date of making by the voter/ referendum participant of his/her own signature into the signature sheet


e) signatures of voters/ referendum participants, information on which is included into the signature sheet other than in writing or in pencil


f) signatures of voters/ referendum participants, with corrections in dates of their inclusion into the signature sheet, if these corrections are not specifically stipulated by voters/ referendum participants, as well as signatures of voters/ referendum participants, dates of inclusion of which are inserted by voters/ referendum participants other than by their own hand – on the basis of the opinion of the expert engaged in work to verify signatures of the voters, the referendum participants, in accordance with Section 3 of this Article.


g) signatures of voters/ referendum participants with corrections in the information on voters/ referendum participants corresponding to them, if these corrections are not specifically stipulated by the voters/ referendum participants or persons who collected signatures of voters/ referendum participants.


h) all signatures of voters/ referendum participants in the signature sheet, if the signature sheet is not certified by signatures of the person who collected signatures of voters/ referendum participants, and/or the authorized representative of the election association who nominated the list of candidates, the candidate, the authorized representative of the initiative group for holding of the referendum or if at least one of these signatures is untrue or if the signature sheet was certified by the person who collected signatures of voters/ referendum participants who, by the time of signature collection, did not reach the age of 18 and/or the said person is recognized as not legally capable or if at least one of the dates of certification of the signature sheet has not been indicated or inserted in own hand; or if the information on the person who collected signatures of voters/ referendum participants and/or the date of inclusion of the signature of the said person and/or authorized representative of the election association that nominated the list of candidates/candidate, authorized representative of the initiative group for the referendum, contain corrections not specifically stipulated by the person who collected the signatures of voters/ referendum participants/ or by the authorized representative of the election association that nominated the list of candidates, by the candidate, authorized representative of the initiative group for referendum; or if the information on the person who collected signatures of voters, referendum participants and/or on the authorized representative of the election association that nominated the list of candidates, on the candidate, on the authorized representative of the initiative group for the referendum are indicated in the signature sheet other than in full or are untrue, or if the information on the person who collected signatures of voters/ referendum participants has not been included by him/her on his/her own.


i) all signatures of voters/ referendum participants in the signature sheet, the format of which does not conform to the requirements of Appendices 4 to 9 to this Federal Law and/or into which the information envisaged in Sections 9 and 10, Article 37, of this Federal Law was not included, and/or which is made in violation of the requirements envisaged in Section 5, Articled 37 of this Federal Law.


j) signature of voters/ referendum participants collected in violation of the requirements envisaged in Section 6, Article 37, of this Federal Law.


k) signatures of the voters, referendum participants, if the information on them is not included into the signature sheet by the voters/referendum participants who place their signatures themselves and not by the person who collected signatures of voters/ referendum participants included into that signature sheet – on the basis of the resolution of the expert engaged in verification of signatures of voters, referendum participants in accordance with Section 3 hereof.


l) all signatures of voters/ referendum participants in the signature sheet, which was certified by the person who collected signatures but who is not included into the list drafted in accordance with Section 16, Article 37, of this Federal Law (if drafting of the list of persons who collected signatures of voters/referendum participants) is envisaged in law).


m) signatures of voters/ referendum participants who are included into the signature sheet after verification of the signature sheet by the person who collected signatures of voters/ referendum participants and/authorized representative of the election association that nominated the list of candidates/ by the candidate/ the authorized representative of the initiative group for the referendum n) all signatures of voters/ referendum participants in the signature sheet, if the certification entry of the person who collected signatures of voters/ referendum participants was included after inclusion of the certification signature of the authorized representative of the election association that nominated the list of candidates/ the candidate/ authorized representative of the initiative group for the referendum.


(Section 64 is included by Federal Law of July 23, 2011, # 259-FZ)


65. If a populated line/populated lines that does/do not meet the requirements of this Federal law are detected in the signature sheet, the signature in this line(s) only is not taken into account, except for cases envisaged in paragraphs g, h, l and n of Section 64 of this Article.


(Section 65 was introduced by Federal Law of July 23, 2011, # 259-FZ).


66. Corrections specifically stipulated by the voter/ referendum participant or the person who certifies the signature sheet in drafting the signature sheet shall not serve as reason for recognizing the signature of the voter/ referendum participant as invalid, unless its untruthfulness and invalidity are established in accordance with sections g, h, l and n of Section 64 of this Article.


(Section 66 is introduced by Federal Law of July 23, 2011, # 259-FZ).


7. As soon as verification of signature sheets is finalized, the final protocol is drafted. It indicates the number of stated signatures, the number of presented signatures and the number of verified signatures of the voters/ referendum participants as well as the number of signatures recognized as untrue and/or invalid, with indication of reasons for their recognition as such. A copy of the protocol shall be transferred to the candidate/authorized representative of the election association, the initiative group for the referendum at least two days prior to the meeting of the commission, where the issue as to registration of this candidate/ list of candidates/ holding of referendum should be reviewed. If the verification of signature sheets held by the commission entails the consequences envisaged in paragraph e of Section 24 or paragraph d of Section 25 of this Article, the candidate, the authorized representative of the election association, the initiative group for the referendum shall be free to receive in the commission, together with the copy of the final protocol, the certified copies of lists of verification of signature sheets, which indicate reasons for recognition of signatures of the voters/ referendum participants as untrue and/or invalid, with indication of the numbers of the folder, the signature sheet and the line in the signature sheet, which contain each of such signatures, and also to receive copies of official documents, based on which the appropriate signatures were recognized as untrue and/or invalid. The final protocol shall be attached to the resolution of the commission on registration of the candidate/ the list of candidates or the refusal to register the candidate/ the list of candidates/ on the results of initiation of the referendum. The repeated verification of signature sheets after the commission made the appropriate resolution may be carried out by a court of law or by the commission, in accordance with Section 6, Article 76, of this Federal Law and to the extent of signatures to be verified only.


(in the version of Federal Law of December 5, 2006, # 225-FZ)


8-15. Became invalid – Federal Law of February 9, 2009, # 3-FZ.


16. Registration of a candidate, a list of candidates nominated by the political party, the federal list of candidates of which, on the basis of officially published results of the next forthcoming elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, was admitted to allocation of deputy seats (the federal list of candidates of which received the deputy seat, in accordance with Article 821, Federal Law on Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation) as well as registration of candidates, lists of candidates nominated by regional offices and other units of such political party (if it is envisaged in the charter of the political party) shall be carried out without collection of signatures of voters; provided that the said official publication took place before submission to the election commission of documents required for registration of the candidate/ list of candidates. Registration of such candidate / list of candidates shall be carried out based on the resolution of nomination of such candidate/ list of candidates, as made by the political party, regional office or another unit in such manner as established in federal law. Based on the said resolution, without collection of signatures of voters, the registration of candidate, list of candidates nominated by the political party, lists of candidates of which were admitted for allocation of deputy seats (lists of candidates of which received deputy seats in accordance with the law of the subject of the Russian Federation, as envisaged in Section 17, Article 35, of this Federal Law) is also permitted in the legislative/representative bodies of state power of at least 1/3 of subjects of the Russian Federation, as operating on the date of official publication of the resolution as to appointment of elections, and registration of candidates, lists of candidates nominated by regional offices or other units of such political party (if it is envisaged in the charter of the political party)


(in the version of Federal Laws of February 9, 2009, # 3-FZ, of May 12, 2009, # 94-FZ, of June 3, 2009, # 108- FZ, of April 22, 2010, # 63-FZ)


161. The list of political parties to which Section 16 of this Article apply shall be drafted by the Central Election Commission of the Russian Federation, shall be placed on its website in the Internet and updated as a result of elections of deputies to legislative/ representative governmental authorities.


(Section 161 was introduced by Federal Law of June 3, 2009, # 108-FZ, in the version of Federal Law of July 11, 2011, # 200-FZ).


162. At the elections to the legislative/representative body of state power of the subject of the Russian Federation as well as at the elections to bodies of local self-government, located on the territory of this subject of the Russian Federation, registration of a candidate, a list of candidates nominated by the political party, the list of candidates of which, on the basis of officially published results of the next forthcoming elections of deputies to the legislative/ representative body of state power of that subject of the Russian Federation, was admitted to allocation of deputy seats (the list of candidates of which received the deputy seat in accordance with the law of the subject of the Russian Federation, as envisaged in Section 17, Article 35, of this Federal Law), as well as registration of candidates, lists of candidates nominated by regional offices or other units of such political party (if it is envisaged in the charter of the political party) shall be carried out without collection of signatures of voters; provided that the said official publication took place before presentation to the election commission of documents required for registration of the candidate/list of candidates. Registration of such candidate/ list of candidates shall be carried out based on the resolution for nomination of such candidate/list of candidates as taken by the political party, its regional office or other unit, in such manner as established in federal law.


(Section 162 was introduced by Federal Law of April 22, 2010, # 63-FZ)


163. List of political parties, to which Section 162 of this Article apply, shall be drafted by the election commission of the appropriate subject of the Russian Federation, shall be placed on its website in the Internet and be updated based on the results of elections of deputies to the legislative/representative body of state power of this subject of the Russian Federation.


(Section 163 was introduced by Federal Law of April 22, 2010, # 63-FZ, in the version of Federal Law of July 11, 2011, # 200-FZ).


164. At the elections to bodies of local self-government of the municipality, registration of a candidate/ list of candidates nominated by the political party, list of candidates of which, on the basis of officially published results of the next forthcoming elections of deputies to the representative body of that municipality (in case of elections to the bodies of local self-government of the settlement –also on the basis of the officially published results of the immediately preceding elections of deputies to the representative body of the appropriate municipality) is admitted to allocation of deputy seats, as well as registration of candidates/ lists of candidates nominated by the regional office or other units of such political party (if it is envisaged in the charter of the political party) shall be carried out without collection of signatures of voters; provided that the said official publication took place before submission to the appropriate election commission of documents as required for registration of the candidate, list of candidates. Registration of such candidate, list of candidates shall be carried out on the basis of the resolution for nomination of such candidate/ list of candidates, as adopted by the political party, its regional office or other unit in such manner as established in federal law.


(section 164 is introduced by Federal Law of March 20, 2011, # 38-FZ)


165. The list of political parties, to which action of Section 164 of this Article applies, shall be drafted by the election commission that arranges for election of deputies to the representative body of the appropriate municipality, be placed on its website and/or, at its application, on the website of the election commission of the subject of the Russian Federation, in the Internet, and shall be updated as a result of elections of deputies to the representative body if that municipality.


(Section 165 was introduced by Federal Law of March 20, 2011, # 38-FZ, in the version of Federal Law of July 11, 2011, # 200-FZ).


17. At elections of representative bodies of municipalities with the average voters’ representation quota established in law but not more than 10,000, the collection of voter signatures in support of nomination of candidates need not be carried out if a declarative procedure for registration of candidates is provided for by the law of the subject of the Russian Federation.


(in the version of Federal Law of February 9, 2009, # 3-FZ)


18. The election commission shall check the compliance of the procedure of nomination of a candidate, a list of candidates with the requirements of the law and shall decide to register or not to register the candidate, list of candidates.


(in the version of Federal Law of December 5, 2006, # 225-FZ)


19. At one and the same election, a candidate may only be registered in one electoral district. This rule shall not apply to registration of a candidate when the candidate is nominated at the same election, by one electoral association, simultaneously in a single-seat (multi-seat) electoral district and on a list of candidates.


20. In registration of a candidate nominated by an electoral association, the relevant decision of the election commission shall indicate the fact of his nomination by this electoral association and the name of that electoral association. If a candidate is registered both in a single-seat (multi-seat) electoral district and on a list of candidates, the decision of the election commission shall indicate the fact that the candidate is also registered on the list of candidates.


21. The referendum commission indicated in Section 2, Article 36, of this Federal Law, which established conformity of the procedure of putting forward the initiative to hold a referendum with the requirements of the law, the charter of a municipality, shall, within 15 days of the date when the referendum initiative group submits signature sheets and a protocol of signature collection, forward these signature sheets, a copy of the signature collection protocol and a copy of its decision to the legislative (representative) body of state power of the subject of the Russian Federation or to the representative body of the municipality that are authorized by the constitution (charter), the law of the subject of the Russian Federation, the charter of the municipality to take a decision to call a referendum. A copy of the commission’s decision shall also be sent to the referendum initiative group.


22. If a dispute about the competence arises between governmental authorities of the Russian Federation and governmental authorities of the subject of the Russian Federation in connection with the calling of a referendum of a subject of the Russian Federation, preparation of the referendum shall be suspended pending the decision of the Constitutional Court of the Russian Federation.


23. In the event of a refusal to register a candidate, a list of candidates, deletion of a candidate from the list of candidates, refusal to call a referendum, the relevant commission shall, within one day of the date of its decision on refusal of registration, deletion from the list, refusal to call the referendum, issue to an authorized representative of the electoral association that nominated the candidate, the list of candidates, an authorized representative of the referendum initiative group a copy of the appropriate decision stating the grounds for the refusal, deletion of the candidate from the list of candidates


24. The following may constitute grounds for refusal of registration:


a) the candidate is not entitled to a passive electoral right;


b) for candidates, nominated by a political party the requirements to nomination of a candidate, specified in the Federal Law “On Political Parties,” are not complied with, for candidates nominated by other public associations, the requirements of Section 2, Article 35 of this Federal Law are not complied with;


c) absence, among the documents submitted for notification of nomination and registration of the candidate, of documents required in accordance with this Federal Law, other law, for notification of the nomination and/or registration of the candidate


(Section c in the version of Federal Law of December 5, 2006, # 225-FZ)


c1) availability on the day immediately preceding the day of meeting of the election commission where the issue of registration of the candidate should be heard, among documents submitted for notification of nomination and registration of the candidate, of documents issued in violation of the requirements of this Federal Law and other law


(Section c1 was introduced by Federal Law of December 5, 2006, # 225-FZ)


c2) absence on the day preceding the day of meeting of the election commission where the issue of registration of the candidate should be reviewed in the documents submitted for notification of nomination and registration of the candidate, of any information envisaged in Sections 2 and 3 of Article 33 of this Federal law or other law


(Section c2 is introduced by Federal Law of December 5, 2006, # 225-FZ)


d) availability among signatures of voters submitted for registration of the candidate of more than 10% of signatures collected in places where, in accordance with the law, collection of signatures is prohibited, unless otherwise envisaged in federal law


e) insufficiency of reliable signatures of voters submitted for registration of the candidate or detection of 10 and more percent of untrue and/or invalid signatures out of total signatures selected for verification, unless otherwise envisaged in federal law. Detection of 100 and more percent of untrue and/or invalid signatures of the total quantity of signatures selected for verification shall not serve as reason for refusal to register the candidate, if less than 200 signatures should be submitted for his/her registration, if true signatures are sufficient for registration of the candidate


g) non-creation by the candidate of the election fund (except for cases when, according to article 58 of this Federal Law, creation of the election fund is not necessary). Absence of funds in the election fund shall not serve as reason for refusal to register the candidate


h) use by the candidate in funding of his/her electoral campaign, in addition to the funds of his/her own election fund, of other funds that account for more than 55 of the legally established maximum amount of spending of funds of the election fund.


i) exceeding by the candidate, in funding of his/her election campaign, of the amount of spending of funds of election fund by more than 5%


j) the fact established in a court judgment of non-compliance by the candidate, within the propaganda period, of limitations envisaged in Section 1 or Section 11 of Article 56 of this Federal Law


(in the version of Federal Law of December 5, 2006, # 225-FZ)


k) repeated use by the candidate of advantages of his/her office or service


l) registration of the candidate in another election district at these elections, except for the case of nomination of the candidate by the election association simultaneously in the single-seat (multi-seat) election district and within the list of candidates


m) became invalid – Federal Law of February 9, 2009, # 3-FZ


n) the fact established in a court judgment of bribing by the candidate, his/her attorney, authorized representative in finance as well as other persons who acted at their assignment, another person or organization, of voters


(Section n is introduced by Federal Law of December 5, 2006, # 225-FZ)


25. Reasons for refusal to register the list of candidates, refusal to hold the referendum shall be:


a) non-compliance with the requirements to nomination of the list of candidates envisaged in Federal Law on Political Parties, except for the requirements envisaged in Section 11, Article 36, of that Federal Law


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


b) absence among the documents submitted for notification of nomination and registration of the list of candidates, of documents required in accordance with this Federal Law, other law for notification of nomination and/or registration of the list of candidates (except for cases of the absence of the said documents with respect to any particular candidates included into the list of candidates)


(Section b in the version of Federal Law of December 5, 2006, # 225-FZ)


b1) availability on the day preceding the day of the meeting of the election commission where the issue of registration of the list of candidates should be resolved, among documents submitted for notification of nomination and registration of the list of candidates, of the documents issued in violation of the requirements of this Federal Law, other law (except for cases of improper issue of documents with respect to individual candidates included into the list of candidates)


(Section b1 is introduced by Federal Law of December 5, 2006, # 225-FZ)


b2) absence on the day immediately preceding the date of the meeting of the election commission where the issue of registration of the list of candidates should be reviewed, in the documents submitted for notification of nomination and registration of the list of candidates, of any information envisaged in this Federal Law, another law (except for cases of the absence of information with respect to any particular candidates included into the list of candidates)


(Section b2 is introduced by Federal Law of December 5, 2006, # 225-FZ)


b3) absence among documents submitted for appointment of the referendum, of documents required in accordance with this Federal Law, another law for appointment of the referendum


(Section b3 was introduced by Federal Law of December 5, 2006, # 225-FZ)


c) availability among signatures of voters, referendum participants submitted for registration of the list of candidates, appointment of the referendum, of more than 10% of signatures collected in places where, according to law, collection of signatures is prohibited, unless otherwise established in federal law.


d) insufficiency of true signatures of voters/ referendum participants submitted for registration of the list of candidates, appointment of the referendum, or detection of 10 and more percent of untrue and/or invalid information of the total number of signatures selected for verification, unless otherwise established in federal law. Detection of 10 and more percent of untrue and/or invalid information of the total number of signatures selected for verification shall not serve as reason for refusal to register the list of candidates, appointment of the referendum, if, for registration of the list of candidates, appointment of the referendum, less than 200 signatures is required, if the true signatures are sufficient to register the list of candidates and appointment of the referendum.


e) non-creation by the election association, the referendum initiative group, of the referendum fund (except for cases when, according to Article 58 of this Federal Law, creation of the referendum funds is not necessary). Absence of funds in the election fund or the referendum fund serves as reason for refusal to register the list of candidates or to hold the referendum.


h) the use by an electoral association in funding their election campaigns, by a referendum initiative group in funding their activities related to furthering its initiative to hold a referendum, in arranging signature collection of the referendum participants, and in activities aimed at obtaining a certain result at the referendum, of the funds other than their electoral fund, referendum fund that amount to more than 5 percent of the maximum limit of expenditures of the electoral fund, referendum fund established by law;


i) exceeding by an electoral association, in funding their election campaigns, by the referendum initiative group in funding its activities related to furthering its initiative to hold a referendum, in arranging signature collection of the referendum participants, and in activities aimed at obtaining a certain result at the referendum, of the maximum limit of expenditure of the electoral fund, referendum fund established by law by more than five percent;


j) the number of candidates removed from the list of candidates on the basis of their applications, by a decision of the electoral association, (with the exception of candidates who were removed due to compelling circumstances) and by a decision of an election commission for the reasons set forth in Section 26 of this Article exceeds 25 percent of the total number of candidates on a certified list of candidates at the elections to federal governmental authorities and by more than 50 percent of total candidates in the certified list of candidates at the elections to governmental authorities of subjects of the Russian Federation and to local authorities;


k) the fact established in a court judgment of non-compliance by the election association or the referendum initiative group of limitations envisaged in Section 1 or 11, Article 56, of this Federal Law


(section ‘k’ in the version of Federal Law of December 5, 2006, # 225-FZ)


l) repeated use by the authorized representative or the attorney of the election association, member and the authorized representative of the referendum initiative group of advantages of his office or official position;


m) removal of candidates, as a result of which the number of regional groups of candidates in the list of candidates proved to be less than the one established in law


n) became invalid – Federal Law of February 9, 2009, # 3-FZ


o) the fact established by the court judgment of bribing of voters by the election association, its attorney, authorized representative as well as another person or company that acted on their instructions


(section o was introduced by Federal Law of December 5, 2006, # 225-FZ)


26.The reasons for deletion of a candidate from the certified list of candidates shall be as follows:


a) the candidate does not have a passive electoral right


b) the candidate concealed information on non-cancelled and unlifted conviction, which should be presented in accordance with Section 21, Article 33, of this Federal Law


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


c) the fact established by a court judgment of non-compliance by the candidate, within the propaganda period, of limitations envisaged in Section 1 or Section11 of Article 56 of this Federal Law


(in the version of Federal Law of December 5, 2006, # 225-FZ)


d) repeated use by the candidate of advantages of his/her office or position


e) registration of the candidate in another list of candidates at these elections


g) availability in the certified list of candidates nominated by the political party as well as the certified list of candidates nominated by the regional office or another unit of the political party (if it is envisaged in the charter of the political party), of the candidate who is a member of another political party


(section ‘g’ was introduced in Federal Law of July 12, 2006, # 106-FZ)


h) absence among the documents submitted for notification of nomination and registration of the list of candidates, of documents required in accordance with this Federal Law, other law for notification of nomination and/or registration of the list of candidates


(Section h was introduced by Federal Law of December 5, 2006, # 225-FZ)


i) availability on the day preceding the day of the meeting of the election commission where the issue of registration of the list of candidates should be resolved, among documents submitted for notification of nomination and registration of the list of candidates, of the documents issued in violation of the requirements of this Federal Law, other law


(Section i is introduced by Federal Law of December 5, 2006, # 225-FZ)


j) absence on the day immediately preceding the date of the meeting of the election commission where the issue of registration of the list of candidates should be reviewed, in the documents submitted for notification of nomination and registration of the list of candidates, of any information envisaged in Sections 2 and 3 of Article 33 this Federal Law, another law


(Section j is introduced by Federal Law of December 5, 2006, # 225-FZ)


27. The lists of reasons for refusal to register a candidate, a list of candidates, for removal of a candidate from a list of candidates by a decision of the commission, refusal to call a referendum established by Sections 24 to 26 of this article shall be exhaustive.


28. If the commission makes a decision to refuse to call a referendum on the proposed question members of the respective initiative group shall not, for two years after the day of adoption of this decision, repeat the initiative of holding a referendum on a question with the same sense or content.


29. If the registration of a candidate, a list of candidates is refused, re-nomination of the candidate, list of candidates at the same elections shall be possible in compliance with the procedure and within the time limits established by law.


30. A candidate nominated Within the list of candidates shall, at least 15 days prior to the voting date, and if the compelling circumstances exist, at least one day prior to the voting date (including repeated voting), the candidate nominated directly, at least 5 days prior to voting, and if compelling circumstances exist, at least 1 day prior to the voting date (including repeated voting) shall be free to submit a written application for removal of his/her candidature to the election commission. If the candidate nominated within a list of candidates submits the said application before certification of the list of candidates, the election commission shall delete this candidate from the list of candidates before such certification. If the candidate who applied for deletion of his/her candidature is nominated within the list of candidates, the election commission that certified or registered the list of candidates shall eliminate the candidate from the list of candidates. If the candidate nominated directly and submitted the application for deletion of his/her candidature was registered, the election commission that registered the candidate shall resolve to cancel his/her registration.


31. The body of an electoral association, that took the decision to nominate a candidate in a single electoral district, a list of candidates shall be entitled recall this candidate, list of candidates. The decision to recall the candidate, the list of candidates shall be submitted to the appropriate election commission not later than five days before voting day. If the candidate, the list of candidates was registered, the election commission that registered the candidate, the list of candidates, shall resolve to cancel the registration of the candidate, the list of candidates.


32. An electoral association shall, in such manner and for such reasons as envisaged in federal law and/or the charter of the election association, be entitled to revoke a candidate nominated by it under a single-seat/ multiseat election district, as well as in the procedure envisaged in its charter, to delete certain candidates from the list of candidates nominated by it. The candidate nominated in the single-seat/ multi-seat election district, may be revoked at least 5 days prior to the voting date, and the candidate included into the list of candidates may be delete from that list at least 15 days prior to the voting date, except as envisaged in Section 11, Article 76, Federal Law. It is not allowed to include into the list of candidates the person who were not earlier included into it, just as to transfer candidates in the list; except for cases when such transfer is related to change in the succession due to removal or deletion of certain candidates.


(in the version of Federal Law of December 5, 2006, #225-FZ)


33. If, by voting day, in the single-seat/ multi-seat election district, the number of registered candidates is smaller than the established number of deputy seats or is equal to this number, or if only one candidate or list of candidates is registered in the uniform election district or no candidates or lists of candidates are registered, the voting in such district shall be postponed to allow additional nomination of candidates, lists of candidates and performance of the further electoral actions, with the exception of cases specified in Section 35 of this article. In this case, voting shall be held on the next day established in Article 10 of this Federal Law, on which elections may be appointed.


34. If there is a need in additional nomination of candidates/ list of candidates due to the fact that the registered candidate, without compelling circumstances, removed his candidature, or the election association, without compelling circumstances, removed the registered candidate, the registered list of candidates either in connection with the fact that registration of the candidate, list of candidates was cancelled by a court of law or cancelled by the election commission on the basis of Section 3 or 4 of Article 76 of this Federal Law (except for cancellation of the registration due to removal of the candidate from the list of candidates for compelling circumstances), all costs incurred by the election commission that arranges for the elections, in preparation for and holding of elections, shall be indemnified against by such candidate, election association.


35. If, in connection with the circumstances envisaged in Section 33 of this Article, in the single-seat or uniform election district, one candidate proved to be registered, voting on one candidature is allowed in holding of a repeated voting as well as (if it is envisaged in the law of the subject of the Russian Federation) at the elections of deputies to representative bodies of municipalities. In this case, the candidate shall be deemed to have been elected if at least 50 % of total voters who took part in the voting voted for him/her


36. By circumstances that compel a registered candidate to remove his/her candidature, and the election association, to recall the registered candidate nominated by it, shall be meant the limitation of the registered candidate by the court in his/her legal capacity, severe disease, steady health disorder in the registered candidate or his/her family. The said circumstances may include, as per the law, the election/ nomination of the registered candidate to a governmental or municipal office (according to the level of elections) as envisaged in the Constitution of the Russian Federation, constitution/ charter of the municipal entity. By circumstances that compel the election association to recall the list of candidates shall be meant removal due to compelling circumstances (including due to death) of candidates who occupied the first three places in the list of candidates or more than 25% of candidates from the list of candidates at the elections to federal governmental authorities or more than 50% of candidates from the list of candidates at the elections to governmental authorities of subjects of the Russian Federation and local authorities.