Home > 1.1.3 Submission of candidatures > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
Download file    
 
 
Article 39
 

1. Within 10 days from the date when the documents required to register a candidate have been accepted the Central Election Commission of the Russian Federation shall take a decision to register this candidate or a reasoned decision to refuse to register this candidate. When registering the candidate nominated by the political party the Central Election Commission of the Russian Federation shall mark in its decision on his registration the fact that this candidate has been nominated by the respective political party. In the decision on the candidate’s registration there shall be specified the date and time of such registration. (as amended by Federal Law No. 93-FZ of July 21, 2005)


2. If there has been taken a decision to refuse to register a candidate, the Central Election Commission of the Russian Federation within 24 hours from the date of such decision-making shall issue to the candidate or to the authorized representative of the political party having nominated the candidate a copy of the decision of the Central Election Commission of the Russian Federation specifying the grounds for such refusal. The said grounds for refusal may be the following: (as amended by Federal Law No. 93-FZ of July 21, 2005)


1) ineligibility of the candidate;


1.1) for the candidate nominated by a political party — non-compliance with the requirements to the candidate nomination provided by this Federal Law and the Federal Law On Political Parties. (subclause 1.1 has been introduced by Federal Law No. 106-FZ of July 12, 2006)


2) lack among the documents submitted in accordance with article 34 or 35 and article 37 of this Federal Law of the documents specified, as the case may be, in article 34, clauses 3, 5—7 and 11 or article 35, clauses 8, 9, 11 and 13, as well as in article 37, clause 1, subclauses 1.1—4 of this Federal Law; (subclause 2 as amended by Federal Law No. 64-FZ of April 26, 2007)


2.1) availability among the documents submitted in accordance with article 34 or 35 and article 37 of this Federal Law of the documents executed in violation of the requirements of article 34, clauses 3—8, 10 and 11 or article 32, clauses 2—4, article 35, clauses 6, 7, 9, 11—13 of this Federal Law, as well as article 37, clause 1, subclauses 2 and 2.1, article 62, clause 1, subclause 1 of clause 2 and clause 4 of this Federal Law as of the day preceding 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 of the candidate; (subclause 2.1 has been introduced by Federal Law No. 64-FZ of April 26, 2007)


2.2) lack of any information provided by article 34, subclause 3 of clause 6 and clause 7 or article 35, clause 11, subclauses 1 and 3 of this Federal Law in the documents submitted in accordance with article 34 or 35 of this Federal Law as of the day preceding 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; (subclause 2.2 has been introduced by Federal Law No. 64-FZ of April 26, 2007)


3) insufficient number of the submitted authentic voters’ signatures collected in support of the candidate’s nomination or discovery of 5 or more percent of unauthentic and invalid signatures of the total number of the voters’ signatures sampled to be verified (if collection of voters’ signatures is required); (as amended by Federal Law No. 93-FZ of July 21, 2005)


4) underreporting by the candidate of information on unquashed and outstanding conviction which he is supposed to submit in accordance with article 34, clause 6, subclause 3 or article 35, clause 11, subclause 1 of this Federal Law; (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 128-FZ of July 25, 2006, No. 64-FZ dated April 26, 2007)


5) failure of the candidate to create a fighting fund. Lack of monetary funds in the fighting fund shall not be considered as a ground to refuse to register the candidate; (as amended by Federal Law No. 93-FZ of July 21, 2005)


6) establishment by the res judicata court decision of non-compliance by the candidate within the agitation period with the restrictions provided by article 56, clause 1 or 1.1 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; (as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 64-FZ of April 26, 2007)


7) declared void; — Federal Law No. 93-FZ of July 21, 2005


8) over 5 percent of the voters’ signatures submitted to register the candidate have been collected in the places where signature collection is prohibited in accordance with this Federal Law; (subclause 8 as amended by Federal Law No. 93-FZ of July 21, 2005)


9) using by the candidate when financing his election campaign, in addition to his own fighting fund, of other monetary funds constituting over 5 percent of the ceiling amount established by this Federal Law for the expenses from the fighting fund’s money;


10) exceeding by the candidate when financing his election campaign of the ceiling amount established by this Federal Law for the expenses from the fighting fund’s money for over 5 percent;


11) repeated use by the candidate of the advantages of his official capacity or employment status; (subclause 11 as amended by Federal Law No. 93-FZ of July 21, 2005)


12) decision established by court as regards bribery of voters by the candidate, his proxy, authorized representative for financial affairs, as well as by other person or entity acting on behalf of the said persons. (subclause 12 has been introduced by Federal Law No. 64-FZ of April 26, 2007)


3. In case of detecting any signs of violations of the laws of the Russian Federation on elections that entails criminal or administrative responsibility the Central Election Commission of the Russian Federation shall submit to law enforcement bodies, as well as to the court the respective documents and materials required to establish a violation and to decide, if the guilty persons shall be prosecuted. (as amended by Federal Law No. 93-FZ of July 21, 2005)


4. Decision of the Central Election Commission of the Russian Federation on registration of the candidate or refusal to register such candidate may be appealed to the Supreme Court of the Russian Federation. Such appeal shall be considered within five days.


5. Each registered candidate shall be given a registration certificate specifying the date of registration. The Central Election Commission of the Russian Federation shall transmit to mass media the information on the registered candidates within 48 hours upon their registration. Territorial election commissions at least 15 days prior to the polling day shall post on their stands within the premises of election commissions the information on the registered candidates together with the data listed in article 66, clauses 3—5 of this Federal Law. The same procedure shall be applied to communication of the information on revocation of registration of the candidates who have already been registered. Information on registered candidates shall be posted in the same order as it is set out in the election ballot. List of the information on income and property, pecuniary obligations of the registered candidate and his/her spouse to be published shall be established by the Central Election Commission of the Russian Federation. (as amended by Federal Law No. 93-FZ of July 21, 2005)


6. If 35 days prior to the polling day there will be registered less than two candidates, voting on the Russian Federation presidential elections, subject to the decision of the Central Election Commission of the Russian Federation, shall be postponed for up to 60 days to ensure additional nomination of candidates and performance of subsequent election activities. (as amended by Federal Law No. 93-FZ of July 21, 2005)