Home > 2.1.1 Electoral commissions > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 41
 

1. Candidates holding government offices or elective municipal offices or those on government or municipal service or candidates who are members of management bodies in organizations of any ownership type whatsoever (or members of the bodies managing the affairs of organizations with the general meeting as the supreme management body) except for political parties, as well as the candidates who are officers in mass media organizations shall not take advantage of their office or position when holding their election campaigns. (as amended by Federal Law No. 93-FZ of July 21, 2005)


2. Registered candidates who are on the government or municipal service or work in mass media organizations shall be released from the performance of their official duties during their participation in the election of the President of the Russian Federation. Within three days after the candidate’s registration, a certified copy of the relevant order (directive) shall be submitted to the Central Election Commission of the Russian Federation by the candidate or by an authorized representative of the political party which nominated the candidate. (clause 2 as amended by Federal Law No. 93-FZ of July 21, 2005)


3. The persons who are not candidates and who hold government offices or elective municipal offices or those on government or municipal service or persons who are members of management bodies in organizations of any ownership type whatsoever (or members of the bodies managing the affairs of organizations with the general meeting as the supreme management body) except for political parties shall not take advantage of their office or position for the purposes of the candidate nomination or election when the election campaign is being held. (clause 3 as amended by Federal Law No. 93-FZ of July 21, 2005)


4. For the purposes of this Federal Law, taking advantage of one’s office or position shall mean:


1) involvement of any subordinate employees or persons otherwise dependent due to their job position as well as any government or municipal employees into any activities facilitating the candidate’s nomination and/or election during their working (office) hours. (as amended by Federal Law No. 93-FZ of July 21, 2005)


2) use of any facilities occupied by government bodies or local authorities, by organizations of any ownership type whatsoever, except for the facilities occupied by political parties, for the purposes of any activities facilitating the candidate’s nomination and/or election unless all the other candidates are given an opportunity to use the specified facilities on the same terms and conditions; (as amended by Federal Law No. 93-FZ of July 21, 2005)


3) use of telephone, fax and other types of communication, office equipment and information services as provide for regular functioning of governmental bodies, local authorities, governmental and municipal institutions, organizations of any ownership type whatsoever, except for the specified types of communication, office equipment and information services as provide for regular functioning of political parties, for the purposes of election campaigning, unless the use of the same is paid for out of the relevant electoral fund; (subclause 3 as amended by Federal Law No. 93-FZ of July 21, 2005)


4) use of any governmentally or municipally owned vehicles or vehicles owned by any organizations, except for the vehicles owned by political parties, free of charge or on favorable terms, for the purposes of any activities facilitating the candidate’s nomination and/or election. This provision shall not apply to any persons using the specified vehicles in accordance with the Russian Federation laws on the security services provided by the state; (as amended by Federal Law No. 93-FZ of July 21, 2005)


5) collection of voter signatures or election campaigning carried out by the persons who hold any government offices or elective municipal offices or by the persons who are heads of local administrations or members of management bodies in organizations of any ownership type whatsoever (or members of the bodies managing the affairs of organizations with the general meeting as the supreme management body) except for political parties, during business trips as paid for out of the relevant budget or funds of the relevant organization; (subclause 5 as amended by Federal Law No. 93-FZ of July 21, 2005)


6) access (granting access) to the governmental and municipal mass media for the purposes of voter signatures collection or election campaigning, unless all the other candidates are provided with such access for the same purposes in accordance with this Federal Law; (subclause 6 as amended by Federal Law No. 93-FZ of July 21, 2005)


7) propaganda speeches during the election campaign at any mass (public) events organized by government bodies and/or local authorities or by organizations of any ownership type whatsoever, except for political parties, as well as publication of any work progress reports in mass media or in propaganda literature during the election campaign, mailing of congratulations and other materials on behalf of a citizen who is a candidate if such mailing is not paid for out of the relevant electoral fund. (subclause 7 as amended by Federal Law No. 93-FZ of July 21, 2005)


5. Compliance with the restrictions as listed in clause 4 of this article shall not prevent the President of the Russian Federation who runs for a second term from exercising his powers and shall not prevent deputies from performing their obligations to voters.


6. Officials, journalists and other creative specialists of mass media organizations shall not take part in highlighting the election campaign in mass media, provided that the specified persons are candidates, authorized representatives for financial issues or agents of the candidates, authorized representatives for financial issues or agents of the political parties which nominated the candidates, or members or authorized representatives of voter groups. (as amended by Federal Law No. 93-FZ of July 21, 2005)