Home > 2.1.1 Electoral commissions > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 85
 

1. If during the voting or determination of the voting results violations of this Federal Law, Federal Law On Basic Guarantees of Voting Rights and the Right to Take Part in a Referendum Belonging to the Russian Federation Citizens take place, the superior Election Commission may revoke a decision of the subordinated Election Commission prior to determination of the voting results and Russian Federation presidential results and make a decision on repeat vote recount, and, if it is impossible to adequately determine electors expression of will due to the said violation, make a decision on declaration of the voting results invalid. (as amended by Federal Law No. 93-FZ as of July 21, 2005)


1.1. After determination by the superior Election Commission of the voting results, Russian Federation presidential results the decision of the subordinated Election Commission on the voting results can be cancelled only by the court or the court can make a decision on introduction of changes into the voting results minutes of the Election Commission and (or) summary table. This Commission shall inform the Central Election Commission of the Russian Federation of the decision made by the Election Commission on lodging the application with the court for cancellation of the voting results, and for introduction of changes into the minutes and (or) summary table. In case the court delivers a decision on introduction of changes into the voting results minutes of the Election Commission and (or) summary table, the Election Commission drawn up these minutes and (or) summary table shall complete a new voting results minutes marked: "Repeated" and (or) new summary table marked: "Repeated". (clause 1.1 has been introduced by Federal Law No. 93-FZ as of July 21, 2005)


1.2. The court of the relevant instance can (after it has revoked a decision of the Election Commission) make a decision on vote recount in case violation of this Federal Law, Federal Law On Basic Guarantees of Voting Rights and the Right to Take Part in a Referendum Belonging to the Russian Federation Citizens takes place during voting or determination of the results thereof. In case it is impossible to adequately determine the results of the electors’ expression of will due to the said violation, the court can declare the voting results null and void. (clause 1.2 has been introduced by Federal Law No. 93-FZ as of July 21, 2005)


2. The grounds for revocation of the decision made by the Central Election Commission of the Russian Federation on the results of the Russian Federation presidential election after the election results have been determined shall be deemed to be one of the following facts substantiated by the court:
(as amended by Federal Law No. 93-FZ as of July 21, 2005)


1) candidate recognized as elected spent (apart from own election fund moneys) moneys making more than 10 percent of the maximum expense amount in the candidate’s election campaign fund set by this Federal Law on his election campaign or exceeded the said amount by more than 10 percent;
2) candidate recognized as elected bribed electors, so that it is impossible to determine these electors’ expression of will;
3) candidate recognized as elected violated the requirements set forth in clause 1 of article 56 of this Federal Law during agitation, so that it is impossible to determine electors’ expression of will;
4) candidate recognized as elected exploited the advantages of his official position, so that it is impossible to determine electors’ expression of will.


3. The court of the relevant instance can revoke a decision made by the Election Commission in respect of voting results obtained in the election precincts, territory, subject of the Russian Federation, results of the Russian Federation presidential election in case of violation of the rules for drawing up electors lists, procedure for Election Commissions arrangement, procedure for voting and vote recount (inclusive of impeding of monitoring of this activities), procedure for determination of election results and in case of illegal refusal to register a candidate recognized to be such after the voting date, other violations of the law of the Russian Federation on election, provided such violations make it impossible to determine electors’ expression of will.


4. Violation of this Federal Law procured the election or aimed to incite or induce the electors to vote for a registered candidate not elected (following the results of voting) can not serve as grounds for revocation of the decision of the Election Commission on the voting results, Russian Federation presidential results, for declaration of the voting results and the Russian Federation presidential results null and void. (as amended by Federal Law No. 93-FZ as of July 21, 2005)


5. Revokation of the decision on election results by the court (in case it is impossible to determine the electors’ expression of will due to the violations committed), will result in declaration of the Russian Federation presidential results invalid.
(as amended by Federal Law No. 93-FZ as of July 21, 2005)


6. If the voting results obtained in the election precinct, territory, subject of the Russian Federation are declared invalid after the voting results minutes and minutes of the Russian Federation presidential results have been drawn up by the relevant superior Election Commission, such Election Commission shall draw up a new minutes of voting and election results marked: "Repeated".
(clause 6 as amended by Federal Law No. 93-FZ as of July 21, 2005)


7. Based on the minutes of the Election Commissions marked: "Repeated" or "Votes recounted", drawn up after the superior Election Commission has prepared the voting results minutes and the minutes of the Russian Federation presidential election results and the summary table, the relevant changes shall be introduced into the minutes and summary table prepared by the superior Election Commission.
(clause 7 as amended by Federal Law No. 93-FZ as of July 21, 2005)