Home > 1.3.2 Freedom of voters to express their wishes > 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 77
 

1. In the event any violations of this Federal Law, another law governing the conduct of the relevant election, referendum have been committed when voting was conducted or vote returns were determined, the higher commission, before it determines the vote returns, election results, referendum results, may annul the decision of a lower commission on the vote returns, election results, and order a vote recount or, if the violations do not make it possible to determine reliably the results of the expression of the will of voters, referendum participants, declare the vote returns, election results, invalid.


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


11. After establishment of the voting results, determination of the election results, the referendum results by the higher commission, a resolution by a lower commission as to voting results and election results may only be cancelled by a court of law or a court of law may make a decision to amend the minutes of the commission on the voting results, on the election results and/or the consolidated table. This commission shall notify the commission that arranges for the elections and referendum of the decision taken by the commission as to approaching the court with the application for cancellation of voting results, election results, for making amendments to the protocol of the commission on the voting results, election results and/or consolidated table. If a court makes a judgment to amend the protocol of the commission as to the voting results, of election results and/or the consolidated table, then the commission that drafted this protocol and/or the consolidated commission shall draft a new protocol as to voting results, the election results, with the mark; “Repeated” and /or a new consolidated table with the mark of “Repeated”.


(Section 11 was introduced by Federal Law of July 21, 2005, # 93-FZ).


12. A court of the appropriate level, having cancelled the resolution of the commission on voting results, election results, may make a decision as to holding repeated count of votes of voters/ referendum participants, if violations of this Federal Law were committed in the voting procedure or establishing voting results or determination of election results. If the violations do not allow to reliably determine the will of the voters, referendum participants, the court may recognize voting results/ election results as invalid.


(Section 12 was introduced by Federal Law of July 21, 2005, # 93-FZ).


2. A court may annul the decision of an election commission on the results of the relevant election after these results were established, on the basis of the following facts as established by the court:


a) a candidate declared elected, an electoral association that nominated the list of candidate admitted to allocation of deputy seats, spent, in addition to their own funds, the funds exceeding 10% of the maximum amount of spending of funds of the election fund established by law, for holding of their election campaign


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


b) a candidate declared elected, an electoral association that nominated the list of candidates admitted to allocation of deputy seats, bribed voters, and this violation does not allow to identify the actual will of voters


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


c) a candidate declared elected, an electoral association that nominated a list of candidates admitted to allocation of deputy seats, during propaganda period overcame the limitations imposed in Section 1, Article 56, this Federal Law, which does not allow to detect the actual will of voters


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


d) a candidate declared elected, a leader of an electoral association, whose lists of candidates were included in the distribution of deputy seats took advantage of their office or official position and this infraction does not make it possible to establish the real will of voters.


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


3. A court of an appropriate level may also annul a decision of an election commission on the vote returns and election results in an electoral precinct, territory, electoral district, a municipality, in a subject of the Russian Federation, in the whole of the Russian Federation if infractions were committed in respect of the rules for the preparation of voters lists, procedures for the formation of election commissions, voting and vote counting procedures (including interference with their monitoring), establishment of election results, if a candidate, federal list of candidates were unlawfully refused registration and this fact was admitted after voting day, and in the event of other violations of electoral laws, provided such infractions and violations do not make it possible to establish the real will of the voters.


4. A court of an appropriate level may annul a decision of the referendum commission of a subject of the Russian Federation, a local referendum commission on the vote returns and the referendum results if infractions were committed in respect of the rules for the preparation of referendum participant lists, procedures for the formation of referendum commissions, rules of campaigning and funding a referendum campaign, if members and authorized representatives of the referendum initiative group, leaders of public associations took advantage of their official position in order to obtain a desired answer to the question put for the referendum, if facts of bribing referendum participants by these persons and public association for the same purpose have been established, if infractions were committed in respect of voting and vote counting procedures (including interference with their monitoring), and in the event of other violations of referendum laws and regulations, provided such infractions and violations do not make it possible to establish the real will of the referendum participants.


5. A decision on vote returns, election results shall not be annulled because of violations of this Federal Law which were conducive to the election of, or which aimed at encouraging or encouraged voters to vote for, candidates who have not been elected according to the vote returns or for lists of candidates which have not been included in the distribution of deputy seats.


6. Annulment of a decision on election results by an election commission or a court in the cases where infractions committed do not make it possible to determine reliably the voters' will shall cause the election results in this electoral district to be declared invalid.


7. At an election in a multi-seat electoral district, violations referred to in Section 2 of this article if committed by individual candidates may cause the annulment of the decision on the results of the election only in relation to these candidates.


8. When voting were conducted on lists of candidates, violations committed by individual electoral associations, referred to in Section 2 of this article may cause that the decision to include these electoral associations, in distribution of deputy seats and to re-distribute deputy seats be annulled by the court.


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


9. Annulment of a decision on the results of a referendum by a court, in the cases when infractions committed do not make it possible to determine reliably the referendum participants’ will shall cause the referendum results be declared invalid.


10. If vote returns in some electoral precinct, referendum precinct, territory, in the subject of the Russian Federation are recognized invalid after drafting by the appropriate higher commission of the protocol of the voting results, the election results, the referendum results, this commission shall draft a new protocol on the voting results, election results, referendum results, with the mark: “Repeated”.


(Section 10 in the version of Federal Law of July 21, 2005, # 93-FZ).


11. Based on the protocols of the commissions on voting results with the mark of ‘Repeated, or ‘Repeated vote count’, as drafted after the higher commission drafted the protocol on the voting results, election results, referendum and the consolidated table, the appropriate amendments shall be made to the protocol and the consolidated table drafted by the higher commission.,


(Section 11 is introduced by Federal Law of July 21, 2005, # 93-FZ).