Home > 2.4 Complaints and appeals > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 12
 

1. Preparation and holding the Presidential Elections in the Russian Federation shall be performed by: the Central Election Commission of the Russian Federation; election commissions of the Russian Federation subjects; territorial election commissions — district, city and other territorial election commissions or election commissions of municipal entities operating as territorial election commissions in cases provided by the Federal Law On Basic Guarantees of Voting Rights and the Right to Take Part in a Referendum Belonging to the Russian Federation Citizens; (as amended by Federal Law No. 93-FZ of July 21, 2005) precinct election commissions.


2. Authorities and procedure for operation of election commissions at the Presidential Elections in the Russian Federation (hereinafter — “election commissions”) shall be set by the Federal Law On Basic Guarantees of Voting Rights and the Right to Take Part in a Referendum Belonging to the Russian Federation Citizens, this Federal Law, other federal laws.


3. Decisions of a superior election commission taken by it within the scope of its competence shall be binding for subordinate election commissions.


4. Election commissions shall within the scope of their competence consider applications received by it in the course of the election campaign on violations of this Federal Law, other federal laws with regard to preparation and holding of the Presidential Elections in the Russian Federation, shall carry out verification in respect of these applications and forward written answers to the persons having sent the applications within five days but not later than on the day preceding the voting date and in respect of the applications received on the voting date or the day following the voting date — immediately. If the data contained in the stated applications require additional verification, the decisions on them shall be taken not later than within ten days. If the application contains the data on violation of this Federal Law, other federal laws with regard to preparation and holding of the Presidential Elections in the Russian Federation by a candidate, political party the candidate, political party or their authorized representatives shall be immediately notified of receipt of such an application. The candidate or his authorized representative, authorized representatives of the political party may give explanations in respect of the substance of the application. In case of violation hereof by the candidate, political party the election commission may issue a warning to this candidate or political party which shall be made known to the voters via the mass media or in any other way. (clause 4 as amended by Federal Law No. 93-FZ)


5. Election commissions shall have the right to submit petitions on carrying out respective verification and restraint of violations of this Federal Law, other federal laws with regard to preparation and holding of the Presidential Elections in the Russian Federation, including in connection with the applications stated in clause 4 of this article to law enforcement bodies, executive bodies which shall be obliged to take the measures provided by the law in order to restrain these violations within five days, if the petition has been received five or less days before the voting date — not later than on the day preceding the voting date and if the petition has been received on the day preceding the voting date, on the voting date and on the day following the voting date —immediately. In this case the stated bodies shall immediately inform the applying election commission of the results. If the data contained in the petition require additional verification the stated measures shall be taken not later than within ten days. (as amended by Federal Law No. 93-FZ of July 21, 2005)


6. Election commissions shall ensure informing the voters of the terms and procedure for performing the election activities, of the candidates, political parties having nominated the candidates, of the course of the election campaign. (as amended by Federal Law No. 93-FZ of July 21, 2005) . Decision of the election commission contradicting federal laws or taken with abuse of its authorities shall be cancelled by a superior election commission or court. In this case the superior election commission may take the decision on the substance of the matter or send the respective materials for reconsideration to the subordinate election commission the decision of which has been cancelled. If the subordinate election commission has not reconsidered the issue, the decision on the substance of the issue may be taken by the superior election commission. (clause 7 as amended by Federal Law No. 93-FZ of July 21, 2005)


8. State authorities and organizations, local government bodies, organizations which own the authorized (joint-stock) capital in which the share (contribution) of the Russian Federation, the Russian Federation subjects and (or) municipal entities as of the day of official publication (publishing) of the decision on calling the Presidential Elections in the Russian Federation amounts to more than 30 percent and the official persons of the stated bodies and organizations shall be obliged to render assistance to election commissions in exercising their authorities in accordance with the Russian Federation legislation on elections and referendums. (clause 8 as amended by Federal Law No. 93-FZ of July 21, 2005)


9. Declared void. — Federal Law No. 93-FZ of July 21, 2005.


10. State and municipal organizations performing television and (or) radio broadcasting (hereinafter — “television and radio broadcasting companies”) and editorial boards of state and municipal print periodicals shall be obliged to submit airtime to election commissions not later than within five days from the day of applying for informing the voters within the procedure set by this Federal Law, other federal laws and space in the print media for publishing the decisions of election commissions, publication of other information. In this case expenses of the stated television and radio broadcasting companies and editorial boards of print periodicals related to submission of free airtime and free space in the print media shall be attributed to the operation results of these companies and editorial boards. (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 203-FZ of July 19, 2009)


11. State authorities, local government bodies, political parties and other public associations, organizations of all types of ownership including television and radio broadcasting companies, editorial boards of print periodicals and official persons of the stated bodies and organizations shall submit the necessary data and materials to election commissions, give answers to applications of election commissions within five days, give answers to applications received five and less days before the voting date — not later on the day preceding the voting date and to those received on the voting date and on the day following the voting date — immediately. The stated data and materials shall be submitted to election commissions free of charge. (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 64-FZ of April 26, 2007, No. 203-FZ of July 19, 2009)