Home > 2.5 Election campaign > 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 48
 

1. Citizens of the Russian Federation, public associations shall be entitled to conduct election campaigning, referendum campaigning in the forms permitted by law and by legal methods.


2. The following shall be deemed as election campaigning in the period of an election campaign:


ɚ) calls to vote for or against a candidate, a list or lists of candidates;


b) expression of preference for any of the candidates, an electoral association, in particular, statements indicating the candidate, list of candidates, electoral association, for which a voter will vote (save as for cases of publication (disclosure) of poll results as per Section 2 of Article 46 of this Federal Law);


c) description of possible consequences of the election or non-election of a some or other candidate or list of candidates, or of some or other list of candidates being admitted or non-admitted to allocation of deputy seats;


d) dissemination of materials with a marked predominance of information about a candidate or some candidates, electoral association, in combination with positive or negative comments;


e) dissemination of information about the activities of a candidate unrelated to his professional activity or performance of his official (job) duties;


f) activity promoting generation of positive or negative attitude of voters to a candidate, an electoral association of which the candidate is a member, toward an electoral association, which nominated a candidate or a list of candidates;


(Section 2 in the version of Federal Law of July 21, 2005, # 93-FZ)


21. The actions carried out in the performance by the representatives of organizations ensuring the issuing of mass media of professional activity as stipulated in sub-Section “a” of Section 2 of this Article, shall be deemed as election campaigning in the case when such actions are carried out for purposes to motivate the voters to vote for a candidate, candidates, list or lists of candidates or against them, while the actions stipulated in sub-Sections “b” to “f” of section 2 of this Articles shall be deemed as such in the case if such actions are carried out for such purposes in repeated instances.


(Section 21 is introduced by the Federal Law of July 21, 2005, # 93-FZ)


3. Election campaigning, referendum campaigning may be conducted:


a) on the channels of TV and radio broadcasting organizations and in the periodical printed media;


b) by means of public campaign events;


(Sub-section “b” in the version of Federal Law of July 21, 2005, # 93-FZ)


c) by producing and distributing printed, audio-visual and other campaign materials;


d) by other methods not prohibited by law.


4. A candidate, an electoral association, a referendum initiative group may select the contents, form and methods of their election campaigning at their own discretion, conduct election campaigning, and shall as well be entitled to involve other persons therein in manner as established by law.


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


5. Election campaigning, referendum campaigning expenses shall be paid exclusively from relevant electoral funds, referendum funds in accordance with the procedure established by law. Campaigning in favor of a candidate, an electoral association, that is paid for out of electoral funds of other candidates, electoral associations, shall be prohibited.


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


6. Persons under the age of 18 years as of voting day shall be prohibited to be involved in election campaigning, referendum campaigning, including the use of images and statements of such persons in campaign materials, save as in the case provided for by sub-Section “e” of Section 9 of this Article.


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


7. Election campaigning, referendum campaigning shall not be conducted and any kind of propaganda materials shall not be produced and distributed by:


a) federal bodies of state power, bodies of state power of Russian Federation subjects, other state bodies, bodies of local self-government;


b) persons who act in loco of state or electoral municipal officers, state and municipal officers, persons who are members of governing bodies of organizations regardless of the ownership form of the latter (in case of organizations having meetings as supreme governing bodies – by members of bodies in charge of management of such organization’s activity), save as for political parties, in the performance of their official or job duties, save as in the case provided for by Section 81 of this Article, and (or) by using the advantages provided by their official or professional position;


(Sub-section “b” in the version of Federal Law of July 21, 2005, # 93-FZ)


c) military units, military institutions and organizations;


d) charity and religious organizations and organizations founded by them as well as members and representatives of religious associations when they are performing rites and ceremonies;


(Sub-section “d” in the version of Federal Law of July 21, 2005, # 93-FZ)


e) commissions, voting members of commissions;


f) foreign nationals, save as in the case provided for by Section 10 of Article 4 of this Federal Law, stateless persons, foreign legal entities;


e1) international organizations and international civic movements;


(Sub-section “e1” introduced by Federal Law of July 21, 2005, # 93-FZ)


g) representatives of organizations ensuring the issuing of mass media when they are engaged in performance of their professional activities;


h) persons who have been ruled as violators of restrictions provided for by section 1 of article 56 of this Federal Law by a ruling of court in the period of the election campaign, referendum campaign;


(Sub-section “h” introduced by Federal Law of December 05, 2006, # 225-FZ)


8. Persons acting in loco of state or elective municipal officers shall be prohibited to conduct election campaigning on the channels of TV and radio broadcasting organizations and in the periodical printed media, unless these persons have been registered as candidates for deputies or elective offices.


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


81. Persons acting in loco of state or elective municipal officers shall be entitles to conduct referendum campaigning, including on the channels of TV and radio broadcasting organizations and in the periodical printed media, to produce and distribute propaganda materials, but shall not be entitled to use advantages provided by their office or professional position.


(Section 81 introduced by Federal Law of July 21, 2005, # 93-FZ)


9. Pictures of individual or positive statements of an individual about a candidate, an electoral association, may be used in propaganda materials of candidates, electoral associations, only with the written consent of such individual. A document confirming such consent shall be submitted to the commission together with copies of propaganda materials to be submitted in accordance with Section 3, Article 54 of this Federal Law. In case if propaganda materials appear on a TV or radio broadcasting channel or in a periodical printed media, the said document shall be submitted to the commission at the latter’s request. This restriction shall not apply to:


a) use by an electoral association of opinions of candidates nominated by such electoral association on the said electoral association, as well as on candidates nominated by the said electoral association in the same elections;


b) use of disclosed opinions on candidates, on electoral association with indication of date (period of time) of disclosure of such opinions and the name of mass media where such opinions were disclosed. The reference in propaganda materials to such opinions of individuals not entitled as per this Federal Law to carry out election campaigning shall be permitted only in the case if such opinion was disclosed before the official divulgation (publication) of the decision to call elections. Thereat, the reference must contain the date (period of time) of disclosure of such opinion and the name of mass media where such opinion was disclosed;


c) to quote opinions on an electoral association, a candidate, disclosed by other electoral associations as well as by candidates in their propaganda materials produced and distributed in compliance with the law;


d) became invalid – Federal Law of April 26, 2007, # 64-FZ;


e) the use by a candidate of his images, the use by an electoral association of images of candidates nominated by them, including with their spouses, children (including children under the age of 18), parents and other near relatives, as well as with an unidentified circle of persons.


(Sub-section “e” in the version of Federal Law April 26, 2007, # 64-FZ)


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


10. A political party, if such party nominated a candidate (a list of candidates) registered by an electoral commission, no later than 10 days before the voting day, shall publish its election program (in accordance with the relevant level of elections) at least in one state printed media publication, and shall as well publish the same on the Internet. Such publication shall be carried out with the use of either free space provided to electoral associations, candidates by the printed media publication under this Federal Law or any other law, or space paid for out of the electoral fund of the political party or of the candidate nominated by such political party.


(in the version of Federal Law of July 21, 2005, # 93-FZ, of December 05, 2006, # 225-FZ, of July 11, 2011, # No.200-FZ)