Home > 1.1.3 Submission of candidatures > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 38
 

1. The Central Election Commission of the Russian Federation shall verify compliance with the procedure provided by this Federal Law for nomination of each candidate. If the candidate, the political party having nominated the candidate have submitted the signature lists containing the voters’ signatures collected in support of nominating such candidate, the Central Election Commission of the Russian Federation shall verify compliance with the procedure established for signature collection, execution of signature lists, authenticity of the information on voters and voters’ signatures contained in these signature lists. In accordance with this Federal Law the Central Election Commission of the Russian Federation is obliged to verify authenticity of the biographical and other information submitted by the candidate, the political party having nominated the candidate. (as amended by Federal Law No. 93-FZ of July 21, 2005)


2. The Central Election Commission of the Russian Federation shall address to the respective authorities with a request to verify authenticity of the information on candidates to be submitted in accordance with this Federal Law; such authorities shall report on the results of such verification within 10 days, while the results of such verification conducted with regard to the information to be submitted in accordance with article 34, clause 7 and article 35, clause 11, subclause 3 of this Federal Law shall be reported within 20 days. If the said request has been submitted 10 days or less prior to the polling day, the respective authorities shall report on the results of such verification within the period established by the Central Election Commission of the Russian Federation. (clause 2 as amended by Federal Law No. 93-FZ of July 21, 2005)


3. To verify compliance with the procedure for candidate nomination, procedure for collection of voters’ signatures and execution of signature lists, authenticity of the information on voters contained in signature lists and of their signatures the Central Election Commission of the Russian Federation by its decision may set up working groups from among the members of the Central Election Commission of the Russian Federation, its administrative staff, as well as from among the organizations established to ensure its operation. Such verification may engage the members of subordinate election commissions, experts from among the specialists of the Internal Affairs Agencies, Agencies of Justice, Military Commissariats, regional authorities in charge of registration of Russian citizens at their place of stay and place of residence within the Russian Federation, other public authorities, as well as other persons in accordance with article 28, clause 19 of the Federal Law On Basic Guarantees of Voting Rights and the Right to Take Part in a Referendum Belonging to the Russian Federation Citizens. Expert opinions may serve as a ground to declare unauthentic and (or) invalid the information on voters contained in signature lists and their signatures. Expert opinions shall be set out in writing in the sheets intended for verification of signature lists or other document. (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 259-FZ of July 23, 2011)


3.1. To establish authenticity of the information contained in signature lists the Central Election Commission of the Russian Federation is entitled to use GAS (State Automated System) “Vybory”, including the register of voters, referendum participants. Information on the results of verification signed by an officer of the Election Commission of the respective subject of the Russian Federation, including the information received via GAS “Vybory” and signed by an electronic digital signature, may serve as a ground to declare voters’ signatures invalid. (clause 3.1 as amended by Federal Law No. 64-FZ of April 26, 2007)


4. There shall be verified at least 20 percent of the number of voters’ signatures required to register the signatures of voters collected in support of nomination of each candidate, as well as at least 20 percent of the corresponding information on voters contained in signature lists.


5. For initial verification there shall be selected an equal number of the voters’ signatures collected in support of nomination of each candidate. Signature lists for selective verification shall be picked out by random sampling (by lot). Random sampling procedure shall be determined by the Central Election Commission of the Russian Federation. When sampling and verifying signature lists there may be present the candidate himself or his proxy, the authorized representative of the political party having nominated the candidate. When sampling and verifying signature lists there may also be present other persons sent by the candidate, by the political party having nominated the candidate, by a group of voters. Sampling shall be conducted in the Central Election Commission of the Russian Federation immediately upon delivery to the candidate, the authorized representative of the political party having nominated the candidate of the document confirming that signature lists have been accepted. All the voters’ signatures, as well as the corresponding information on such voters contained in signature lists selected for verification shall be verified. (clause 5 as amended by Federal Law No. 93-FZ of July 21, 2005)


6. Following the results of the verification with regard to the authenticity of the voters’ signatures and corresponding information on such voters contained in signature lists, a voter’s signature may be declared authentic or unauthentic and (or) invalid. (as amended by Federal Law No. 259-FZ of July 23, 2011)


7. There shall not be verified and accounted the voters’ signatures and corresponding information on such voters contained in signature lists, but not excluded (stricken out) by the persons collecting voters’ signatures before submission of the said signature lists in the Central Election Commission of the Russian Federation, if such exclusion (striking out) has been expressly mentioned by the said persons in the corresponding signature list before submission of signature lists in the Central Election Commission of the Russian Federation. (as amended by Federal Laws No. 64-FZ of April 26, 2007, No. 259-FZ of July 23, 2011)


8. If when verifying signature lists, there have been discovered more than one signature of the same person collected in support of the same candidate’s nomination, only one such signature shall be deemed authentic, while other signatures shall be deemed invalid.


9. Declared void. — Federal Law No. 259-FZ of July 23, 2011.


10. There shall be declared unauthentic a signature which has been affixed by one person on behalf of another person, according to the opinion of the expert involved in verification of voters’ signatures in accordance with clause 3 of this article. (clause 10 as amended by Federal Law No. 259-FZ of July 23, 2011)


11. The following signatures shall be deemed invalid:


1) signatures of voters collected before the date of payment for production of signature lists; (subclause 1 as amended by Federal Law No. 64-FZ of April 26, 2007)


2) signatures of the persons having no right to vote, as well as signatures of the voters having their places of residence outside the respective subject of the Russian Federation; when collecting signatures outside the Russian Federation — signatures of the voters who have no permanent place of residence outside the Russian Federation; (as amended by Federal Law No. 259-FZ of July 23, 2011)


3) signatures of the voters who have specified false information in the signature list. In this case the signature may be declared invalid, only if there is an official statement of the authority in charge of registration of Russian citizens at their place of stay and place of residence within the Russian Federation, information signed by an official of the Election Commission of the Russian Federation subject, including the information received via communication channels in electronic form using GAS “Vybory” and signed by an electronic digital signature, or an opinion of the expert involved in verification of voters’ signatures in accordance with clause 3 of this article; (subclause 3 as amended by Federal Law No. 259-FZ of July 23, 2011)


4) signatures of voters collected without specification of any information required in accordance with this Federal Law or without specification of the date when the voter has affixed his autograph signature to the signature list;


5) signatures of the voters whose information has been entered on the signature list either not manually, or using a pencil;


6) signatures of voters, if there are any corrections in the dates of their entry on the signature list, provided that such corrections have not been expressly mentioned by the voters, as well as signatures of voters, if the dates of their entry have been affixed by the voters in some other way than manually; — subject to the opinion of the expert involved to verify voters’ signatures in accordance with clause 3 of this article; (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 259-FZ of July 23, 2011)


7) signatures of voters, if there are any corrections in the corresponding information on such voters, provided that these corrections have not been expressly mentioned by the voters or the persons certifying signature lists;


8) all the voters’ signatures in the signature list, if the signature list has not been certified by the person collecting voters’ signatures himself and (or) the authorized representative of the political party having nominated the candidate, the self-nominated candidate or his proxy, or if at least one of these signatures is unauthentic, or if the signature list has been certified by the person collecting the signatures of the voters who were not 18 as at the date of collection, and (or) the said person has been declared legally incompetent by court, or if there has not been specified or manually entered at least one date of certification of the signature list, or if the information on the person collecting voters’ signatures, and (or) the date of entry of the signature by the said person and (or) the authorized representative of the political party having nominated the candidate, the self-nominated candidate or his proxy contain any corrections not expressly mentioned, where applicable, by the person collecting voters’ signatures, the said authorized representative, the self-nominated candidate or his proxy, or if the information on the person collecting voters’ signatures and (or) the authorized representative of the political party having nominated the candidate, the self-nominated candidate or his proxy specified in the signature list is incomplete or false, or if the information on the person collecting voters’ signatures has not been entered by such person himself; (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 259-FZ of July 23, 2011)


9) signatures of voters collected in violation of the requirements provided by article 36, clauses 7 and 9 of this Federal Law; (subclause 9 as amended by Federal Law No. 93-FZ of July 21, 2005)


10) signatures of voters, if the information on such voters has not been entered on the signature list by the voters affixing these signatures or by the person collecting the voters’ signatures entered on this signature list; — subject to the opinion of the expert involved to verify voters’ signatures in accordance with clause 3 of this article; (as amended by Federal Law No. 259-FZ of July 23, 2011)


11) all the voters’ signatures entered on the signature list, if this list’s form does not comply with the requirements established by annexes 1 and 2 to this Federal Law, and (or) if this list contains no information provided by article 36, clauses 5 and 6 of this Federal Law, and (or) if this list has been produced in non-compliance with the requirements provided by article 36, clause 3 of this Federal Law; (subclause 11 as amended by Federal Law No. 259-FZ of July 23, 2011)


12) all the voters’ signatures entered on the signature list which has been certified by the person collecting signatures who was not mentioned in the list executed in accordance with article 36, clause 8.1 of this Federal Law; (subclause 12 has been introduced by Federal Law No. 93-FZ of July 21, 2005)


13) voters’ signatures entered on the signature list after certification of this signature list by the person collecting voters’ signatures and (or) the authorized representative of the political party having nominated the candidate, the self-nominated candidate or his proxy; (subclause 13 has been introduced by Federal Law No. 259-FZ of July 23, 2011)


14) all the voters’ signatures entered on the signature list, if certification record of the person collecting voters’ signatures has been introduced after certification record of the authorized representative of the political party having nominated the candidate, the self-nominated candidate or his proxy. (subclause 14 has been introduced by Federal Law No. 259-FZ of July 23, 2011)


12. When discovering that the signature list contains a filled in line (filled in lines) which does (do) not comply with the requirements of this Federal Law, there shall not be taken into account only the signatures included in this line (these lines), except for the cases provided by clause 11, subclauses 8, 11, 12 and 14 of this article. (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 259-FZ of July 23, 2011)


13. Corrections and erasures expressly mentioned when executing the signature list may not serve as a ground to declare invalid a voter’s signature, if its unauthenticity or invalidity has not been established in accordance with clauses 9, 11, 12 and 14 of this article. Abbreviations of words and dates which do not hinder unambiguous interpretation of this information may not serve as a ground to declare invalid a voter’s signature. (as amended by Federal Laws No. 64-FZ of April 26, 2007, No. 259-FZ of July 23, 2011).


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


15. If the number of the unauthentic and invalid voters’ signatures discovered in the course of the said selective verification amounts to 5 or more percent of the total number of the signatures sampled for verification, then there shall be conducted an additional verification, according to the procedure established in this article, of at least 10 percent of signatures of the number of voters’ signatures required for registration. (as amended by Federal Law No. 93-FZ of July 21, 2005)


16. If the aggregate number of unauthentic and invalid voters’ signatures discovered in the course of the said selective verification amounts to 5 or more percent of the total amount of the signatures to be verified in accordance with clauses 5 and 15 of this article, any further verification of signature lists shall be terminated and the respective candidate shall not be registered. (as amended by Federal Law No. 93-FZ of July 21, 2005)


17. Likewise, the candidate shall not be registered, if the number of the submitted voters’ signatures after deduction of the voters’ signatures declared unauthentic and invalid is insufficient for registration.


18. Upon completion of the verification of signature lists there shall be executed a final protocol for each candidate which shall be signed by the working group director — a member of the Central Election Commission of the Russian Federation who has a casting vote — and submitted to the Central Election Commission of the Russian Federation for decision making. The protocol shall specify the number of declared, number of submitted and number of verified voters’ signatures, as well as the number of the signatures declared unauthentic and invalid together with an indication of the grounds used to declare these signatures as such. This protocol shall be attached to the decision of the Central Election Commission of the Russian Federation. The protocol may not be amended once the decision has been taken. A copy of the protocol shall be handed over to the candidate or the authorized representative of the political party having nominated the candidate at least two days prior to the date of meeting of the Central Election Commission of the Russian Federation where there shall be considered the issue of the candidate’s registration. If the number of authentic voters’ signatures is insufficient or the number of unauthentic and invalid signatures has amounted to 5 or more percent of the total number of the signatures sampled to be verified, the candidate, the political party having nominated the candidate are entitled to receive in the Central Election Commission of the Russian Federation together with the copy of the protocol the verification sheet certified by the working group director and naming the grounds (reasons) used to declare the voters’ signatures unauthentic or invalid, with specification of the number of the folder, signature list and line of the signature list where each such signature is placed, as well as copies of the official documents used to declare the respective voters’ signatures unauthentic or invalid. (as amended by Federal Law No. 93-FZ of July 21, 2005)


19. After the Central Election Commission of the Russian Federation has taken the decision specified in clause 18 of this article a repeat verification of signature lists may be conducted only by the Supreme Court of the Russian Federation in accordance with article 84, clause 4 of this Federal Law and only to the extent of the signatures that have been verified. (19 has been introduced by Federal Law No. 64-FZ of April 26, 2007)


20. When revealing that information on the candidate is incomplete or in case of non-compliance with the requirements of this Federal Law with regard to execution of the documents submitted to the Central Election Commission of the Russian Federation in accordance with article 34 or 35, with article 37, clause 1, subclauses 1.1, 2, 3 and 4 of this Federal Law, the Central Election Commission of the Russian Federation shall notify the candidate, the political party having nominated the candidate at least three days prior to its meeting where there shall be considered the issue of the respective candidate’s registration. At least one day prior to the said meeting the respective candidate is entitled to introduce rectifications and addendum to the documents containing information on this candidate, while the political party having nominated the candidate is entitled to introduce such rectifications and addendum to the documents containing data on the candidate nominated by it, as well as to other documents submitted in the Central Election Commission of the Russian Federation in accordance with article 34 or 35, with article 37, clause 1, subclauses 1.1, 2, 3 and 4 of this Federal Law in order to bring the said documents to conformity with the requirements of this Federal Law, including with regard to their execution. The candidate, the political party having nominated the candidate are entitled to replace the submitted document only if it has been executed in violation of the requirements of this Federal Law. (clause 20 has been introduced by Federal Law No. 64-FZ of April 26, 2007, as amended by Federal Law No. 259- FZ of July 23, 2011)