Home > 2.1 The competent bodies and their tasks > 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 59
 

1. The authority to manage electoral funds, referendum funds shall be vested in the candidates, electoral associations, referendum initiative groups, other referendum participant group that established these funds.


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


2. Electoral funds, referendum funds shall be intended for particular purposes. Electoral funds may be used by candidates, electoral associations, electoral blocs only to cover expenses related to their election campaigns. Referendum funds may be used by the referendum initiative group only for activities aimed at advancing a referendum initiative, collection of signatures in support of this initiative, and obtaining a certain result at the referendum, other referendum participant groups may use the funds only for activities aimed at obtaining a certain result at the referendum.


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


3. Electoral funds, referendum funds may be used for:


a) financial support to organizational-technical measures aimed at collecting signatures of voters, referendum participants in support of the nomination of a candidate, list of candidates, referendum initiative, to include compensation of persons engaged to collect signatures of voters, referendum participants;


b) election campaigning, referendum campaigning, and payment for information and consultancy work (services);


c) payment for other work (services) performed by citizens or legal entities, and payment of other expenses directly related to the conduct of their election campaigns by candidates, electoral associations, to the activity of the referendum initiative group aimed at advancing a referendum initiative, collecting signatures in support of this initiative, and obtaining a certain result at the referendum, to the activity of other referendum initiative groups aimed at obtaining a certain result at the referendum;


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


d) Became invalid– Federal Law of February 9, 2009, # 3-FZ.


31. The Federal Law may envisage establishment of election funds, the money from which may only be used towards coverage of costs envisaged in paragraphs b and c, Section 3 of this Article.


(Section 31 was introduced by Federal Law of July 21, 2005, # 93-FZ)


4. Contracts (agreements) with citizens and legal entities for performance of certain work (services) related to the election campaign of a candidate, electoral association, , to a referendum campaign, shall be entered into personally by the candidate or his authorized representative for financial matters, an authorized representative for financial matters of an electoral association, the referendum initiative group, other referendum participant groups. Settlements for performance of such work (services) between a candidate, electoral association, referendum initiative group, another referendum participant group and legal entities shall be effected only on a non-cash basis.


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


5. Citizens and legal entities shall be entitled to provide financial support to a candidate, electoral association, referendum initiative group only through electoral funds, referendum funds. Spending of funds not remitted to election funds and referendum funds for the purpose of achieving any particular result at the elections / referendum shall be prohibited. It is also prohibited, without a documented consent of a candidate or his authorized representative for financial matters, an authorized representative for financial matters of an electoral association, , referendum initiative group, and without payment out of the relevant electoral fund, referendum fund, to perform paid work, sell goods, render paid services that are directly or indirectly related to an election, a referendum or aimed at obtaining certain results at an election, at advancing a referendum initiative, obtaining a certain result at a referendum. Legal entities, their subsidiaries, branches, representation offices, and other divisions shall be prohibited from performing work, provision of services, and sales of goods free of charge, or at unreasonably low/high rates, which are directly or indirectly related to the election, referendum or are aimed at obtaining a certain result at the election, at advancing a referendum initiative, obtaining a certain result at the referendum. Monetary support of a candidate, election association, referendum initiative group aimed at achieving any particular result at elections, referendum, may only be provided if it is reimbursed for from funds of the appropriate election fund, the referendum fund. A citizen may voluntarily and personally perform work, services in relation to the preparation and conduct of an election, referendum without engaging any third parties.


(Section 5 in the version of Federal Law of July 21, 2005, # 93-FZ)


6. Candidates, electoral associations, referendum initiative groups shall only be entitled to use money (including their own money of the election association) received into their election funds, referendum funds, in the legally established manner, towards payment for organizational and technical efforts for collection of signatures of voters, referendum participants as well as for carrying out any other operations aimed at achievement of any particular result at the election, referendum. The election association that nominated the list of candidates shall be free, for the purposes of its election campaign, to use, without payment from funds of its election fund, any real estate and movable property (except for securities, printed products and consumables) in their use (in particular, in lease) on the day of official publication of the resolution of appointment of the elections.


(Section 6 in the version of Federal Law of July 21, 2005, # 93-FZ)


7. The credit institution where a special election account, a special referendum fund account is opened, shall, at the request of the relevant commission, candidate, electoral association, , referendum initiative group, periodically provide them with information about receipt of funds on and withdrawal of funds from the electoral account of this candidate, electoral association, , the special referendum fund account of this referendum initiative group. At the request of the relevant commission and in relation to the relevant electoral fund, referendum fund and at the request of the candidate, electoral association, , referendum initiative group the credit institution where a special election account, a special referendum fund account is opened, shall, within three days or if the request is submitted three days prior to voting day - immediately, issue certified copies of initial financial documents evidencing receipt and spending of electoral funds, referendum funds.


(Section 7 in the version of Federal Law of July 21, 2005, # 93-FZ).


8. Before voting day at an election, referendum, the relevant election commission shall periodically send the information about receipt and spending of electoral funds, referendum funds to mass media for publication. Editorial offices of state and municipal print media outlets, in accordance with the level of the election, referendum shall publish the said information provided to them by commissions for publication within three days of receipt of such information. The scope of information that is required to be published shall be established by law.


9. A candidate, an electoral association shall, within 30 days from the date of official publication of the results of elections, be obliged to submit to the appropriate election commission the final financial report on the amount of its election fund, of all sources of its generation as well as of all costs incurred at the expense of its election fund. The deadline for submission of the final financial report by the referendum initiative group shall be established in law. The final financial report shall be accompanied with the initial financial documents that evidence receipt of funds to the election fund, the referendum fund and spending of these funds. The list of documents attached to the final financial report shall be determined by the commission that arranges for the elections /the referendum. The law may envisage that the candidate/ the election association, simultaneously with provision of documents for registration, and the referendum initiative group, simultaneously with submission of signature sheets, shall submit the first financial report.


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


91. Copies of financial reports indicated in Section 9 of this Article shall, within five days from their receipt, be transferred by commissions to editorial offices of mass media for publication. The Law may envisage that the editorial offices of federal and municipal periodical printed media (according to the level of elections, referendum) shall be obliged to publish the financial reports transferred to them by the commissions (information from the reports) within the period of time prescribed by law.


(Section 91 is introduced by Federal Law of July 21, 2005, # 93-FZ).


10. Invalid since August 1, 2009 – Federal Law of July 19, 2009, # 203-FZ


11. From the voting date, the candidates, election associations, the referendum initiative group shall be obliged to remit the unspent cash kept on the special election account, the special referendum fund account, to individuals and legal entities who made donations or remitted funds to their election funds, referendum funds, pro rata the investments. The credit institution shall be obliged, upon expiry of 30 days from the voting day, at the written instructions of the appropriate commission, to directly credit to its account the funds payable to it, and the unspent cash remaining on the special election account/ special referendum fund account, upon expiry of 60 days from the voting date, to the income of the appropriate budget.


(Section 11 in the version of Federal Law of July 21, 2005, # 93-FZ)


12. The procedure for taxation of electoral funds, referendum funds, voluntary donations and transfers to the said funds, and spending of the said funds shall be established by the federal laws. 13. Commissions shall exercise control over formation and spending of electoral funds, referendum funds. Bodies of registration of Russian citizens at their place of stay or the place of residence within the Russian Federation, executive bodies in charge of state registration of legal entities or authorized to register non-forprofit entities, shall, within 5 days from the date of receipt of the presentation from the appropriate commission to them, verify the information indicated by individuals and legal entities in making or remitting donations to election funds, referendums funds, free of charge and notify the commission of the verification results.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of December 30, 2006, # 274-FZ).