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Article 52
 

1. Registered candidates, except for the candidates as specified in Clause 2.1 of Article 51 hereof, shall have the right to be provided with free air time on the channels of state-owned TV and radio broadcasting organizations on equal terms and conditions (as to the air time duration, broadcasting time and other terms and conditions). The political parties that nominated registered candidates, except for the political parties as specified in Clause 2.1 of Article 51 hereof, shall have the right to be provided with free air time on the channels of state-owned TV and radio broadcasting organizations on equal terms and conditions. (clause 1 as amended by Federal Law No. 93-FZ of July 21, 2005)


2. The clause has lost effect. — Federal Law No. 93-FZ of July 21, 2005.


3. The total air time to be made available for election campaigning by each national state-owned TV and radio broadcasting organization on each of its channels free of charge or, where provided for by Clause 3.1 of this Article, for payment, shall be at least one hour on weekdays during the period as established by Clauses 2 and 5 of Article 50 hereof. The total air time to be made available for election campaigning by each regional state-owned TV and radio broadcasting organization on each of its channels free of charge or, where provided for by Clause 3.1 of this Article, for payment, shall be at least 30 minutes on weekdays during the period as established by Clauses 2 and 5 of Article 50 hereof. If the total broadcasting time of a TV and radio broadcasting organization is less than two hours a day, the total air time provided shall be at least a quarter of the total broadcasting time. If the total free air time provided is more than 60 minutes for each registered candidate and each political party that nominated a registered candidate, the total air time to be made available by each TV and radio broadcasting organization for election campaigning hereunder shall be reduced to 60 minutes multiplied by the total number of the registered candidates and political parties that nominated registered candidates. (clause 3 as amended by Federal Law No. 203-FZ of July 19, 2009)


3.1. The political parties and registered candidates as specified in Clause 2.1 of Article 51 hereof shall be entitled to receive their share of the total air time made available under Clause 3 of this Article or a part thereof, under the agreement made with the TV and radio broadcasting organization, for payment at the rate not exceeding the charge for the air time as reserved by state-owned TV and radio broadcasting organizations subject to Clause 14 of this Article for the purposes of election campaigning. The air time made available under the agreement as specified in this Clause shall be distributed in accordance with Clauses 5 to 11 of this Article. (clause 3.1 has been introduced by Federal Law No. 203-FZ of July 19, 2009)


4. The air time made available under Clause 3 of this Article shall fall within the prime-time when TV and radio programs are viewed or listened to by the greatest audiences, as determined by the relevant TV and radio broadcasting organization. (clause 4 as amended by Federal Law No. 203-FZ of July 19, 2009)


5. One-third part of the total air time (except for the air time provided in case of a repeat voting) made available under Clause 3 of this Article, shall be provided for the purposes of election campaigning to the political parties that nominated registered candidates. The specified political parties shall choose the form of election campaigning at their own discretion and shall be entitled, among other things, to hold mutual campaigning events as agreed between them and as proposed by a TV and radio broadcasting organization as well as provide the air time to the registered candidates nominated by them. (as amended by Federal Laws No. 93-FZ of July 21, 2005 and No. 203-FZ of July 19, 2009)


6. A half or, in case of a repeat voting, two-thirds of the total air time made available under Clause 3 of this Article shall be provided to the registered candidates for discussions, panel discussions and other mutual campaigning events. All registered candidates shall be allowed to use the specified share of the air time on the same terms and conditions. A TV and radio broadcasting organization shall be entitled to increase the share of the air time intended for mutual campaigning events within the total air time provided to the registered candidates. (as amended by Federal Laws No. 93-FZ of July 21, 2005 and No. 64-FZ of July 19, 2009 and 203-FZ dated July 19, 2009)


7. It’s only in person that the registered candidates may take part in mutual campaigning events on the channels of the national state-owned TV and radio broadcasting organizations. No representatives of a registered candidate shall be allowed to take part in mutual campaigning events save as otherwise provided for in Clause 8 of this Article. For the refusal to consider the complaint against Clause 8 validity see Decree No. 299-Ɉ by the Constitutional Court of the Russian Federation dated September 30, 2004.


8. If, owing to any compelling circumstances (illness, performance of official duties), a registered candidate cannot take part in a mutual campaigning event on the channel of a national state-owned TV and radio broadcasting organization, his agent may take part in the mutual campaigning event instead of him/her. 9. An agent of a registered candidate may take part in mutual campaigning events instead of the registered candidate if such events are held on the channels of regional state-owned TV and radio broadcasting organizations.


10. A registered candidate may refuse to take part in a mutual campaigning event not later than five days before the date when the event is to be aired, or on the lot-drawing date if the event is to be broadcast less than five days after the relevant lot drawing is held. (as amended by Federal Laws No. 93-FZ of July 21, 2005 and 64-FZ of April 26, 2007)


11. In the events as provided by Clauses 7 and 10 of this Article, the air time provided for a mutual campaigning event to be held shall not be reduced even if only one participant of the event can take part in it. Failure of a registered candidate to take part in a mutual campaigning event shall not be a reason for the free air time provided to that candidate under Clause 12 of this Article to be increased. (as amended by Federal Law No. 93-FZ of July 21, 2005)


12. The remaining part of the total air time made available under Clause 3 of this Article (if any) shall be distributed among the registered candidates on equal terms and conditions (as to the air time duration, broadcasting time, etc.) not later than 30 days before the voting day, with the exception of the registered candidates as specified in Clause 2.1 of Article 51 hereof and those who failed to make an agreement as specified in Clause 3.1 of this Article as well as the registered candidates who waived their right for the free air time. The air time made available under Clause 5 of this Article shall be distributed among the political parties that nominated registered candidates and applied for the lot drawing as specified in Clause 13 if this Article, except for the political parties as specified in Clause 2.1 of Article 51 hereof and those which failed to make an agreement as specified in Clause 3.1 of this Article. (clause 12 as amended by Federal Law No. 203-FZ of July 19, 2009)


13. The lot drawing as meant to determine the dates and time for free of charge or, subject to Clause 3.1 of this Article, payable broadcasting of registered candidates’ or political parties’ campaigning materials as well as of mutual campaigning events on the channels of the national state-owned TV and radio broadcasting organizations shall be held by the Central Election Commission of the Russian Federation together with the representatives of the relevant TV and radio broadcasting organizations. The lot drawing as meant to determine the dates and time for free of charge or, subject to Clause 3.1 of this Article, payable broadcasting of registered candidates’ or political parties’ campaigning materials as well as of mutual campaigning events on the channels of the regional state-owned TV and radio broadcasting organizations shall be held by the election commission of the relevant Constituent of the Russian Federation together with the representatives of the relevant TV and radio broadcasting organizations. The lot drawing shall be held after all the candidates are registered but not later than 30 days before the voting day or, in case of a repeat voting, not later than one day after the repeat voting is announced. The persons as specified in Clause 1 of Article 23 hereof shall be entitled to be present at the lot drawing event. The lot drawing results shall be recorded in the minutes. The schedule of the air time as distributed subject to the lot drawing results shall be approved by a resolution of the relevant election commission and published, respectively, in the national stateowned and regional state-owned printed periodicals. (as amended by Federal Laws No. 93-FZ of July 21, 2005 and No. 64-FZ of July 19, 2009 and 203-FZ dated July 19, 2009)


14. The state-owned TV and radio broadcasting organizations shall reserve the air time for the registered candidates to hold their election campaigns, for payment. The rates and terms of payment shall be the same for all registered candidates. The total payable air time reserved by each TV and radio broadcasting organization shall not be less than the total air time made available under Clause 3 of this Article but it shall not exceed the same more than twice, either. (as amended by Federal Law No. 203-FZ of July 19, 2009)


15. A registered candidate shall be entitled to receive his share of the reserved air time within the total reserved air time, as calculated by the division of the total reserved air time by the total number of the registered candidates, for the relevant payment.


16. The dates and time when mutual campaigning events and/or campaigning materials of the registered candidates are to be broadcast on a payable basis shall be determined by the lot drawing held by a state-owned TV and radio broadcasting organization together with the persons concerned on the basis of the written applications for the lot drawing as submitted by the registered candidates. The lot drawing shall be held within the period as established by Clause 13 of this Article. Members of the Central Election Commission of the Russian Federation and members of the election commission of a Subject of the Russian Federation, respectively, as well as the persons as specified in Clause 1 of Article 23 hereof shall be entitled to be present at the lot drawing event. (as amended by Federal Law No. 64-FZ of April 26, 2007)


17. Municipal TV and radio broadcasting organizations that met the requirements as set forth in Clause 9 of Article 51 hereof shall provide the registered candidates with payable air time for the purposes of election campaigning. The rates and terms of payment shall be the same for all registered candidates. A municipal TV and radio broadcasting organization shall determine the total scope of the air time to be made available for the registered candidates at its own discretion. The dates and time when mutual campaigning events and/or campaigning materials of each registered candidate are to be broadcast shall be determined by the lot drawing held by a TV and radio broadcasting organization together with the persons concerned on the basis of the written applications for the lot drawing as submitted by the registered candidates. The lot drawing shall be held within the period as established by Clause 13 of this Article. (as amended by Federal Law No. 64-FZ of April 26, 2007)


18. If after the lot drawing is held any registered candidate or political party that nominated a registered candidate refuses to use the air time, he/it shall notify the relevant TV and radio broadcasting organization of the fact not later than five days before the broadcasting date or on the lot-drawing date, if the event is to be broadcast less than five days after the relevant lot drawing is held. And the TV and radio broadcasting organization can use the vacant air time at its own discretion. (as amended by Federal Laws No. 93-FZ of July 21, 2005 and 64-FZ of April 26, 2007)


19. Private TV and radio broadcasting organizations that met the requirements as set forth in Clause 9 of Article 51 hereof shall provide the registered candidates with air time on equal terms and conditions. Private TV and radio broadcasting organizations that failed to comply with the above provision as well as private TV and radio broadcasting organizations that failed to meet the requirements as set forth in Clause 9 of Article 51 hereof may not provide the registered candidates with air time for the purposes of election campaigning.


20. The payable air time agreements shall specify the information as follows: election campaigning type (form), broadcasting date and time, air time duration, amount and procedure of payment, form and conditions of a journalist’s (showman’s) participation in the relevant TV or radio program. After the obligations under the agreement are fulfilled, a completion report and a relevant statement of the air time used shall be executed. Such documents shall state that the obligations under the agreement are fulfilled and specify the broadcaster, the name of the program and its broadcasting time. (as amended by Federal Law No. 64-FZ of April 26, 2007)


21. The payment order for the total amount payable for the air time shall be delivered by a registered candidate to the relevant branch of the Savings Bank (Sberbank) of the Russian Federation not later than two days before the broadcasting date or, in case of a repeat voting, before the broadcasting time. A copy of the payment order bearing a stamp of the branch of the Savings Bank (Sberbank) of the Russian Federation shall be presented by a registered candidate to the TV and radio broadcasting organization before the air time is provided. In case the above provision is not complied with, no air time on the channels of TV and radio broadcasting organizations shall be provided.


22. A branch of the Savings Bank (Sberbank) of the Russian Federation shall transfer the funds not later than on the transaction day following the date when the payment order was received. The funds transfer period shall not exceed two transaction days in case of a transfer within a Constituent of the Russian Federation and five transaction days in case of a transfer within the Russian Federation.


23. In case a registered candidate violates any of the provisions as established by this Federal Law when using the air time, the TV and radio broadcasting organization shall be entitled to apply to a court and claim that the payable air time agreement be terminated. (as amended by Federal Law No. 64-FZ of April 26, 2007)


24. It shall not be permitted to interrupt broadcasting of any campaigning materials or mutual campaigning events on the channels of TV and radio broadcasting organizations with any commercial blocks advertising goods, work or services, etc. (clause 24 as amended by Federal Law No. 64-FZ of April 26, 2007)


25. It shall not be permitted to overlap broadcasting of any campaigning materials or mutual campaigning events on the channels of TV and radio broadcasting organizations with any TV or radio programs or broadcasting of any other campaigning materials. (clause 25 as amended by Federal Law No. 64-FZ of April 26, 2007)


26. Video and audio records of the aired TV and radio programs with any election campaigning content shall be kept by the relevant TV and radio broadcasting organization for at least 12 months as from the date the official election results are made public.