Home > 2.4 Complaints and appeals > 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 75
 

Appealing against decisions and actions (omissions) that violate electoral rights and the right of citizens of the Russian Federation to participate in a referendum.


1. Appeals against decisions and actions (omissions) of bodies of state power, of bodies of local selfgovernment, public associations and officials, as well as against decisions and actions (omissions) of commissions and their officials that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to a court.


2. Appeals against decisions and actions (omissions) of the Central Election Commission of the Russian Federation shall be submitted to the Supreme Court of the Russian Federation, appeals against decisions and actions (omissions) of the election commissions of subjects of the Russian Federation, district election commissions at elections of legislative (representative) bodies of state power of subjects of the Russian Federation shall be submitted to the supreme courts of the republics, regional courts, courts of cities of federal significance, courts of autonomous regions and districts, appeals against actions or omissions of the other commissions shall be submitted to district courts.


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


3. Court decisions shall be binding on the relevant commissions.


4. Appeals against decisions of commissions about vote returns, results of an election, referendum shall be submitted to courts of the relevant level in accordance with the jurisdictions set forth in Section 2 of this article. A court of the appropriate level shall consider resolution of the election commission organizing the election, the referendum as well as resolutions of lower commissions that participated in the conduct of the election, referendum in accordance with the law, if violations committed by such commissions could affect the results of the election, referendum.


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


5. In the circumstances established by this Federal Law, another law, a court may annul the decision of a relevant commission on registration of a candidate/ list of candidates, on the refusal to register the candidate/ list of candidates, on vote returns, results of an election, referendum or another decision of the commission.


(in the version of Federal Law of December 5, 2006, # 225-FZ)


6. Appeals against decisions and actions (omissions) of commissions and their officials that violated electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to the commission of the next higher level which shall, without forwarding the appeal to the lower commission, with the exception of the case when the circumstances stated in the appeal were not considered by the lower commission, consider the appeal and make one of the following decisions:


ɚ) leave the appeal without remedy;


b) cancel the disputed decision in full or in part (declare an action (omission) illegal) and make a decision on the substance;


c) cancel the disputed decision in full or in part (declare an action (omission) illegal) and demand the lower commission to reconsider the issue and make a decision on the substance (perform a certain action).


7. Appeals against decisions or actions (omissions) of the settlement election commission or an official thereof that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to the election commission of the municipality. Appeals against decisions or actions (omissions) of the election commission of the municipality, city district, intra-city territory of federal-significance city or the officials thereof that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to the election commission of the subject of the Russian Federation, and appeals against decisions or actions (omissions) of the election commission of a subject of the Russian Federation or an official thereof that violate electoral rights of citizens and the right of citizens to participate in a referendum shall be submitted to the Central Election Commission of the Russian Federation. The election commissions that review the appeals shall take a decision in accordance with Section 6 of this article.


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


8. A prior application to a higher commission, the election commission of a subject of the Russian Federation, the Central Election Commission of the Russian Federation shall not be a prerequisite for submitting an appeal in court.


9. If an appeal is accepted for consideration by a court, and the same person applies to the relevant commission with a similar appeal, this commission shall suspend consideration of the appeal until the court decision becomes effective. If the court makes a decision on the substance of the appeal, the commission shall terminate the consideration of the appeal.


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


91. At the requests of the commissions, the court notifies of the complaints/grievances as to violation of election rights of citizens and rights of citizens to participate in the referendum, which were accepted for consideration, as well as of the resolutions taken on these complaints/ grievances.


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


10. Appeals against decisions and actions (omissions) that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted by voters, referendum participants, candidates, their agents, electoral associations, and their agents, other public associations, a referendum initiative group, its authorized representatives, observers, and commissions


(in the version of Federal Laws of June 7, 2004, # 46-FZ, of July 21, 2005, # 93-FZ).


11. Courts and bodies of prosecution shall organize their work (including on days-off) so as to ensure timely consideration of appeals and grievances.


12. When the commission considers complaints/grievances and also in other cases when the commission considers the issue as to violation of election rights of citizens and the right of citizens to participate in the referendum, applicants and the persons whose actions/omissions are appealed to or are a subject of consideration are invited to the meeting of the commission.


(Section 12 in the version of Federal Law of July 21, 2005, # 93-FZ).