May 18, 2005 
No.51-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

ON THE ELECTION OF DEPUTIES
OF THE STATE DUMA OF THE FEDERAL ASSEMBLY
OF THE RUSSIAN FEDERATION

Adopted
by the State Duma
on April 22, 2005

Approved
by the Federation Council
on May 11, 2005

(as amended by the Federal Laws of July 12, 2006, No.106-FZ,

of July 12, 2006, No.107-FZ, of July 25, 2006, No.128-Z,

of December 30, 2006, No.274-FZ, of April 26, 2007, No.64-FZ,

of July 21, 2007, No.188-FZ, of July 24, 2007, No.211-FZ,

of July 24, 2007, No.214-FZ, of February 9, 2009, No.3-FZ,

of May 12, 2009, No.94-FZ, of June 3, 2009, No.108-FZ,

of July 19, 2009, No.196-FZ, of July 19, 2009, No.203-FZ,

of April 22, 2010, No.63-FZ, of July 27, 2010, No.222-FZ,

of October 4, 2010, No.263-FZ, of November 29, 2010, No.325-FZ,

of December 23, 2010, No.384-FZ, of December 28, 2010, No.404-FZ,

of February 23, 2011, No.17-FZ, of June 14, 2011, No.143-FZ,

of July 11, 2011, No.200-FZ, of July 23, 2011, No.259-FZ,

of July 25, 2011, No.262-FZ, of July 25, 2011, No.263-FZ)

 

Chapter 1.GENERAL PROVISIONS

Article 1.Basic Principles of Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation

Deputies of the State Duma of the Federal Assembly of the Russian Federation (hereafter  - deputies of the State Duma) shall be elected by citizens of the Russian Federation on the basis of universal and equal right to elect by secret balloting. Participation of a citizen of the Russian Federation in the election shall be free and voluntary. Nobody shall compel a citizen of the Russian Federation citizen to participate or not to participate in the election or shall prevent free expression of his will.

Article 2.Legislation on the Election of Deputies of the State Duma

1. The legislation on the election of deputies of the State Duma is based on the Constitution of the Russian Federation and is formed by the Federal Law No. 67-FZ of June 12, 2002 "On Basic Guarantees of the Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" (hereafter - The Federal Law “On Basic Guarantees of the Electoral Rights and the Right of Citizens of the Russian Federation to Participate a Referendum"), this The Federal Law, other the Federal Laws.

2. The main concepts and terms used in this The Federal Law shall have the same meaning as in the Federal Law “On Basic Guarantees of the Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,” unless otherwise provided by this The Federal Law.

Article 3.Elections to the State Duma of the Federal Assembly of the Russian Federation

1. Under the Constitution of the Russian Federation 450 deputies shall be elected to the State Duma of the Federal Assembly of the Russian Federation (hereafter  - the State Duma).

2. Deputies of the State Duma shall be elected in the federal electoral district in proportion to the number of votes cast for the federal lists of candidates for the State Duma (hereafter - federal lists of candidates).

Article 4.Federal Electoral District

The federal electoral district in which deputies of the State Duma are elected shall include the entire territory of the Russian Federation. Voters living outside the territory of the Russian Federation shall be deemed included in the federal electoral district.

Article 5.Electoral Rights of Citizens of the Russian Federation in the Election of Deputies of the State Duma

1. A citizen of the Russian Federation who has attained to the age of 18 years as of the voting day shall be entitled to elect deputies of the State Duma and participate in the nomination of federal lists of candidates, election campaigning, monitoring of the conduct of the elections and work of election commissions, including establishment of the vote results and the election results and also in other electoral actions, in accordance with the order prescribed by this The Federal Law other the Federal Laws.

2. A citizen of the Russian Federation who has attained to the age of 21 years as of voting day may be elected deputy of the State Duma.

3. A citizen of the Russian Federation who resides or stays outside the territory of the Russian Federation shall have the same electoral rights as other citizens of the Russian Federation in the election of deputies of the State Duma. Diplomatic and consular missions of the Russian Federation shall render assistance to a citizen of the Russian Federation in the exercise of his electoral rights.

4. A citizen of the Russian Federation shall not be entitled to the right to elect or be elected and to participate in other electoral actions if he has been declared by a court to be incapable or is held in custody under a court sentence.

4.1. A citizen of the Russian Federation shall not be entitled to be elected a deputy of the State Duma if he has the citizenship of a foreign state or a residence permit or another document confirming his right to permanent residence in the territory of a foreign state.

(Clause 4 introduced by the Federal Law of July 25, 2006, No.128-FZ)

4.2. A citizen of the Russian Federation shall not be entitled to be elected a deputy of the State Duma:

1) if he has been convicted for commission of a serious and/or partly serious crime and his conviction remains not-withdrawn or not spent as of the voting day;

2) if he has been convicted for commission of an extremist crime under the Criminal Code of the Russian Federation and his conviction for this crime remains not-withdrawn or not spent as of the voting day;

3) if he has been subjected to administrative punishment for commission of an administrative offence under Articles 20.3 and 20.29 of the Code of Administrative Offence of the Russian Federation, provided that voting in the election of deputies of the State Duma takes place before expiration of the period during which this person is considered to be serving the administrative punishment;

(as amended by the Federal Law of July 24, 2007, No.211-FZ)

4) if a legally effective court decision establishes that he has violated the restrictions imposed by Clause 1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" or has committed the acts mentioned in paragraph “g,” Clause 7 and paragraph “g,” Clause 8, Article 76 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" provided that such violations or acts were committed within a period which does not exceed four years prior to the voting day.

(Clause 4 introduced by the Federal Law of April 26, 2007, No.64-FZ)

5. A citizen of the Russian Federation deprived of the right to occupy state offices for a definite period of time by a legally effective court decision may not be registered as a candidate in the election of deputies of the State Duma if the voting in these elections is to take place before the expiry of the period of time established by the court.

 

Article 6.Calling of the Election of Deputies of the State Duma

 

1. The conduct of the election of deputies of the State Duma within the period established by the Constitution of the Russian Federation and this The Federal Law shall be mandatory.

2. The election of deputies of the State Duma of a new convocation shall be called by the President of the Russian Federation. The decision to call the elections shall be taken not earlier than 110 days and not later than 90 days before the voting day. The voting day shall be the first Sunday of the month in which the constitutional term of the State Duma of the previous convocation expires. The constitutional term for which the State Duma is elected shall commence from the day of its election. The day of the election of the State Duma shall be the voting day as a result of which it was elected as a competent body. The decision to call the elections shall be officially published in the mass media not later than in five days after it was taken.

3. If the President of the Russian Federation does not call the election of deputies of the State Duma within the period established by Clause 2 of this Article, the elections shall be called by the Central Election Commission of the Russian Federation and held on the first Sunday of the month in which the constitutional term of the State Duma of the previous convocation expires. The decision of the Central Election Commission of the Russian Federation to call the elections shall be published not later than in seven days after the expiry of the period established by Clause 2 of this Article for the official publication of the decision to call the elections.

4. When dissolving the State Duma in cases and in accordance with the procedure provided by the Constitution of the Russian Federation the President of the Russian Federation shall simultaneously call an early election of deputies of the State Duma of a new convocation. In this case the voting day shall be the last Sunday before the day on which three months expire from the day of the dissolution of the State Duma. The decision to call early elections shall be officially published in the mass media not later than in five days from the day on which it was taken.

5. If the President of the Russian Federation does not call an early election of deputies of the State Duma of a new convocation after the dissolution of the State Duma, the elections shall be called by the Central Election Commission of the Russian Federation and held on the last Sunday before the day on which three months expire from the day of the dissolution of the State Duma. The decision of the Central Election Commission of the Russian Federation to call early elections shall be published not later than in seven days after the expiry of the period established by Clause 4 of this Article for the official publication of the decision to call early elections.

6. In cases provided by Clauses 3 - 5 of this Article the periods for the performance of electoral actions established by this The Federal Law shall be reduced by one-fourth. Such periods expressed in days shall be multiplied by three-fourths and rounded to the nearest whole number; if the multiplication produces a number which fractional Clause is equal to a half of the whole number, such number shall be rounded up.

7. If Sunday on which the election of deputies of the State Duma is to be held coincides with a day preceding a holiday or a holiday or a day following a holiday, or if this Sunday has been declared a working day in accordance with the established procedure, the elections shall be held on the next Sunday.

 

Article 7.Right to Nominate Candidates for the State Duma

 

1. Candidates for the State Duma (hereafter - candidates) shall be nominated within federal lists of candidates.

2. Nomination of candidates within federal lists of candidates shall be carried out by the political parties which are entitled to participate in the elections and nominate lists of candidates (hereafter - political parties) under the Federal Law of July 11, 2001, No.95-FZ "On Political Parties” (hereafter – the Federal Law “On Political parties").

3. The political parties may also nominate candidates within a federal list of candidates, who are not members of this political party.

 

Article 8.Preparation and Conduct of the Election of Deputies of the State Duma by Election Commissions

 

1. Preparation and conduct of the election of deputies of the State Duma, the measures to ensure the realization and protection of the electoral rights of citizens and control over the observance of these rights shall be carried out by election commissions within the scope of their competence established by this The Federal Law, other the Federal Laws.

2. When preparing and conducting the election of deputies of the State Duma election commissions shall be independent of the bodies of state power and bodies of local self-government within the scope of competence of these commissions established by this The Federal Law, other the Federal Laws. Any interference with the activity of election commissions on the Clause of the legislative (representative) and executive bodies of state power, bodies of local self-government, organizations, officials or citizens shall not be allowed.

3. The regulations and other decisions of the Central Election Commission of the Russian Federation and also decisions of other election commissions adopted by them within the scope of their competence established by this The Federal Law, other the Federal Laws shall be binding upon the federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation, other state bodies, bodies of local self-government, candidates, political parties and other public associations, organizations, officials and voters.

4. When preparing and conducting the election of deputies of the State Duma the state automated system of the Russian Federation “Vybory” (hereafter - GAS “Vybory”) shall be used. The rules for the use of GAS “Vybory” shall be established by the Central Election Commission of the Russian Federation in accordance with the Federal Law of January 10, 2002, No.20-FZ “On State Automated System of the Russian Federation “Vybory” (hereafter – the Federal Law “On State Automated System of the Russian Federation “Vybory”).

 

Article 9.Public Preparation and Conduct of the Election of Deputies of the State Duma

 

1. The election of deputies of the State Duma shall be prepared and conducted openly and publicly. The state shall make arrangements for informing voters about the procedure and period for preparation and conduct of the elections, progress of the election campaign, vote results and election results.

2. The regulations of bodies of state power and bodies of local self-government, regulations of the Central Election Commission of the Russian Federation relating to preparation and conduct of the election of deputies of the State Duma and ensuring of the electoral rights of citizens shall be officially published in state and municipal print periodicals. Other decisions of these bodies, decisions of other election commissions directly related to preparation and conduct of the elections shall be also published in said print periodicals or shall be communicated to the public otherwise. The regulations of the Central Election Commission related to preparation and conduct of the election of deputies of the State Duma shall be published on its site in the Internet (hereafter - the Internet) within five days of their adoption.

(as amended by the Federal Law of July 11, 2011, No.200-FZ)

 

Article 10.Right to Election Campaigning

 

1. Citizens of the Russian Federation, political parties, other public associations may conduct election campaigning in any form allowed by the law, using lawful methods.

2. In this The Federal Law election campaigning means the activities which are carried out during an election campaign and are aimed to induce or are inducing voters to vote for or against a federal list of candidates, for or against a candidate (candidates) included in this list.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

3. The state shall guarantee citizens of the Russian Federation, political parties and other public associations the freedom to conduct election campaigning in accordance with this The Federal Law, other the Federal Laws.

4. Equal conditions of access to the mass media for election campaigning shall be guaranteed to political parties which registered federal lists of candidates.

 

Article 11.Funding of the Election of Deputies of the State Duma

 

1. Funding of activities connected with preparation and conduct of the election of deputies of the State Duma shall be provided from the federal budget.

2. The political party that nominated a federal list of candidates shall form its own electoral fund to finance its election campaign. In cases provided by this The Federal Law, regional branches of the political party that nominated a federal list of candidates is entitled, by a decision of the leading body of the political party duly authorized by its statutes, to form an electoral fund to finance the election campaign of the political party.

 

Article 12. Participation  of Foreign Nationals, Stateless Persons and Foreign Organizations, International Organizations and International Public Movements in the Election of Deputies of the State Duma

 

1. Foreign nationals, stateless persons, foreign organizations, international organizations and international public movements shall not be allowed to engage in any activities which help or impede preparation and conduct the election of deputies of the State Duma, the nomination and registration of federal lists of candidates.

2. The procedure of the participation of foreign (international) observers in monitoring preparation and conduct of the election of deputies of the State Duma shall be established by the international treaties of the Russian Federation, this The Federal Law, other the Federal Laws.

Chapter 2. ELECTION PRECINCTS. VOTERS’ LISTS

Article 13.Formation of Election Precincts

1. Election precincts shall be formed to conduct voting and count votes in the election of deputies of the State Duma. Election precincts shall be formed on the basis of the information on the number of voters registered in the territory of municipal formations, in accordance with the requirements of Article 16 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

2. Election precincts shall be formed with the concurrence of the relevant territorial election commission by the head of the local administration of a municipal district, urban district, inner urban territory of a federal city and, in cases provided by the law of a Russian Federation subject - federal city, - by the head of the territorial body of executive power of a federal city or the commander of a military unit, the head of a diplomatic or consular mission of the Russian Federation. In cases provided by Clause 4 of this Article election precincts shall be formed by the territorial election commission. Election precincts shall be formed not later than in 50 days before the voting day with due regard to local and other conditions, so as to ensure maximum convenience for voters.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

3. Election precincts shall be formed so that the number of voters registered in the territory of each election precinct does not exceed 3,000;

4. In places where voters stay temporarily (hospitals, sanatoriums, holiday hotels, places where persons suspected or accused of commission of a crime are held in custody and other places of temporary stay), in hard-to-reach or remote areas, on ships at sea on the voting day, at polar stations and also at the places of settlement of voters who have no residence registration within the Russian Federation, election precincts may be formed by the territorial election commission within the period established by Clause 2 of this Article, and, in exceptional cases, with the concurrence of the election commission of the subject of the Russian Federation - not later than in three days before the voting day. In hard-to-reach or remote areas, on ships at sea on the voting day and at polar stations election precincts may be formed by the territorial election commission with the concurrence of the head of the organization located in a hard-to-reach or remote area, the captain of the ship or the ship owner, the head of the polar station.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ and of October 4, 2010, No.263-FZ)

5. Servicemen shall vote in common election precincts. By a decision of the election commission of the subject of the Russian Federation in the territory of military units stationed in isolated areas, far from populated centers election precincts may be formed by the commanders of military units within the period indicated in Clause 2 of this Article and, in exceptional cases, not later than in five days before voting day.

6. To conduct voting and count the votes of voters who on the voting day reside or remain outside the territory of the Russian Federation the heads of diplomatic and consular missions of the Russian Federation in the states where such voters are located shall form election precincts not later than in 50 days or, in exceptional cases, not later than in five days before the voting day. In this case, the provision of Clause 3 of this Article related to the number of voters may be waived. The heads of diplomatic and consular missions of the Russian Federation shall inform the Central Election Commission of the Russian Federation about the formation of election precincts not later than in 40 days before the voting day or, in exceptional cases, not later than in three days before the voting day.

7. If election precincts have not been formed within the periods established by Clauses 2 and 4 of this Article, the decision to form election precincts shall be taken by the election commission of the subject of the Russian Federation within three days of the end of the periods for the formation of election precincts established by Clauses 2 or 4 of this Article.

Article 14.Information of Voters on Formation of Election precincts

1. The lists of election precincts indicating their number and boundaries (if an election precinct includes a Clause of the territory of a populated center) or the list of the populated centers (if an election precinct is formed in the territory of several populated centers), the location of the premises of precinct election commissions and polling stations and the telephone numbers of precinct election commissions shall be published by the head of the local administration of a municipal district, urban district, inner territory of a federal city and, in cases provided by the law of the subject of the Russian Federation - a federal city - by the head of a territorial body of executive power of a federal city not later than in 45 days before the voting day.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. The information on election precincts formed after the deadline established by Clause 2, Article 13 of this The Federal Law shall be published (publicized) within two days of their formation.

3. When the information on election precincts mentioned in Clause 1 of this Article is to be published (publicized), the text of such information related to election precincts formed in the territories of military units shall be agreed with the commanders of the military units.

4. In the case of election precincts formed outside the territory of the Russian Federation the matters connected with the publication of the information on election precincts specified in Clause 1 of this Article shall be dealt with by the heads of relevant diplomatic or consular missions of the Russian Federation, with due regard to the local conditions. If diplomatic and consular missions of the Russian Federation have Internet sites, such information shall be published on these sites.

 

Article 15.Preparation of Voters’ Lists

1. Voters’ lists shall be prepared by relevant election commissions separately for each election precinct in accordance with the form established by the Central Election Commission of the Russian Federation.

2. The territorial election commission shall prepare voters’ lists not later than in 21 days before the voting day on the basis of the voter data provided by the head of the local administration of a municipal district, urban district, inner territory of a federal city and, in cases provided by the law of the subject of the Russian Federation - a federal city - by the head of a territorial body of executive power of a federal city, the commander of a military unit, the head of an institution where voters are temporarily staying, head of educational institutions with full-time studies that manage or independently regulate hostels.

(as amended by the Federal Law of April 26, 2007, No.64-FZ and of July 25, 2011, No.262-FZ)

3. Should the territorial election commission (territorial election commissions) discover that a citizen of the Russian Federation is included in the voters’ lists in different election precincts, this commission (these commissions) shall correct the errors or inaccuracies in the voters’ lists before passing them on to precinct election commissions.

4. The voters’ list for an election precinct formed in a hard-to-reach or remote area shall be prepared by the precinct election commission not later than in 20 days before the voting day and, in exceptional cases, not later than on the day of the formation of the precinct election commission, on the basis of the voter data provided by the head of the local administration of the settlement.

5. In an election precinct formed on the territory of a military unit the list of voters - servicemen serving in the military unit, members of their families and other voters, if they reside within the territory of the military unit, shall be prepared by the precinct election commission not later than in 20 days before the voting day and, in exceptional cases, not later than on the day of the formation of the precinct election commission, on the basis of the voter data provided by the commander of the military unit.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

6. The voters’ lists for election precincts formed in places of temporary stay of voters (hospitals, sanatoriums, holiday hotels, places where persons suspected or accused of commission of a crime are held in custody and other places of temporary stay), on ships at sea on the voting day or at polar stations shall be prepared by the relevant precinct election commissions not later than the day preceding the voting day, on the basis of the voter data provided by the head of the institution where voters stay temporarily, the captain of the ship or the head of the polar station. The voters’ lists for election precincts formed in accordance with Clause 4, Article 13 of this Federal Law at the places of stay of voters who have no residence registration within the Russian Federation shall be prepared on the basis of the applications filed by such voters in accordance with Clause 7, Article 16 of this Federal Law.

7. The voters’ list for an election precinct formed outside the territory of the Russian Federation shall be prepared by the relevant precinct election commission on the basis of applications of citizens of the Russian Federation who permanently reside outside the territory of the Russian Federation or stay abroad on long business trips, in accordance with Clause 4, Article 16 of this Federal Law.

8. The voters’ data shall be gathered and checked by the officials mentioned in Clauses 2, 4 - 6 of this Article and shall be submitted by them to territorial election commissions not later than in 60 days before the voting day, or, if the voters’ list is to be prepared by the precinct election commission, to such precinct election commissions immediately upon their formation. Voters’ data shall be gathered, checked and submitted in accordance with the order established by the Central Election Commission of the Russian Federation.

(Clause 8 as amended by the Federal Law of April 26, 2007, No.64-FZ)

9. Preparation of voters’ lists may be carried out with the use of GAS “Vybory.”

10. Voters’ data on voters included in the voters’ list shall be arranged in the alphabetical or some other order (by populated centers, streets, houses, flats). The voters’ list must indicate the surname, first name and patronymic of the voter, the year of birth (for the age of 18 years - also the day and month of birth), the residential address of the voter. Blank spaces shall be left in the voters’ list for the voter to write the series and number of his passport or an equivalent identity document of a citizen, a voter and sign for the received ballot; for the signature of a member of the precinct election commission who issued the ballot to the voter; for making special notes and for entering the summary data for each sheet of the list.

11. The voters’ list shall be prepared in duplicate. The first copy of the voters’ list shall be made on paper in a machine-printed form, the second copy in a machine-readable form. In exceptional cases voters’ lists may be made in a hand-written form.

12. The first copy of the voters’ list prepared in accordance with the requirements of Clause 2 of this Article shall be handed over to the relevant precinct election commission on the basis of a transfer certificate not later than in 20 days before the voting day. The second copy of the voters’ list shall be kept by the territorial election commission and shall be used as prescribed by the Central Election Commission of the Russian Federation. The voters’ list shall be signed by the chairman and the secretary of the territorial election commission, with the indication of the signing date, and certified by the seal of the territorial election commission.

13. The voters’ list prepared by the precinct election commission in accordance with Clauses 4 - 7 of this Article shall be signed by the chairman and the secretary of the precinct election commission and certified by the seal of the precinct election commission.

14. Having received the voters’ list the precinct election commission shall verify and update the list on the basis of personal applications from citizens made in accordance with Articles 16 and 17 of this Federal Law and the relevant documents of the bodies of local self-government, territorial bodies of executive power of a federal city and their officials, registries, bodies in charge of the registration of citizens of the Russian Federation at the place of their residence and stay within the Russian Federation, information from the higher-level election commission on inclusion of the voter in the voters’ list in some other election precinct. The verified and updated voters’ list shall be signed by the chairman and the secretary of the precinct election commission and certified by its seal not later than on the day preceding the voting day.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

15. The precinct election commission may divide the first copy of the voters’ list into separate books. Not later than on the day preceding the voting day, a title sheet shall be attached to each such book, indicating the consecutive number of the book and the total number of the books into which the voters’ list has been divided, each book shall be bound (stitched) and certified by the seal of the precinct commission and the signature of its chairman.

16. The persons providing voters’ data shall be responsible for authenticity and completeness of the data and its timely submission.

 

Article 16.Procedure for Inclusion of Citizens of the Russian Federation in, and their Removal from, the Voters’ List

 

1. All citizens of the Russian Federation who are entitled to elect shall be included in voters’ lists, save as otherwise provided by Clause 4 of this Article. A citizen of the Russian Federation may be included in the voters’ list only in one election precinct.

2. A citizen of the Russian Federation shall be included in the voters’ list in a certain election precinct on the basis of the fact that his place of residence is located in the territory of this election precinct as established by the bodies in charge of the registration of citizens of the Russian Federation at the place of their stay or residence within the Russian Federation in accordance with the Federal Law regulating the procedure for the exercise by the citizens of the Russian Federation of the right to the freedom of movement, choice of the place of stay or residence within the Russian Federation.

3. Servicemen who live outside the territory of a military unit shall be included in the voters’ lists at the place of their residence on the usual terms. Servicemen serving in a military unit, members of their families and other voters living within the territory of a military unit shall be included in the voters’ list on the basis of the fact that their place of residence is located within the territory of the military unit as established by the relevant service of the military unit or bodies in charge of the registration of citizens of the Russian Federation at the place of their stay or residence within the Russian Federation, or on the basis of an order of the commander of a military unit whereby persons called up for military service were enrolled in the military unit.

4. Citizens of the Russian Federation who permanently reside outside the territory of the Russian Federation or stay abroad on long business trips shall be included in voters’ lists on the basis of their written applications to be submitted to the relevant precinct election commission not later than the on the day preceding the voting day, or an oral application made on the voting day.

5. Voters - full-time students with their registered place of residence being in a hostel (at the place of location of the educational institution) shall be included in the voters’ lists at the place where the hostel (educational institution) is located. The precinct election commission of the election precinct, where the said voter is included in the voters’ list as a resident of this election precinct, shall be informed of this fact through the territorial election commission (if the place of residence of the voter is located within the same subject of the Russian Federation) or the election commission of the subject of the Russian Federation (if the place of residence of the voter is located within some other Russian Federation subject). In the corresponding line of the voters’ list the precinct election commission shall write “Included in the voters’ list in election precinct N” and shall indicate the number of the election precinct and the name of the subject of the Russian Federation.

6. Voters staying on the voting day in hospitals, sanatoriums, holiday hotels, places where persons suspected or accused of commission of a crime are held in custody and other places of temporary stay shall be included in the voters’ list on the basis of the passport, an equivalent identity document and an absentee certificate for voting in the election of deputies of the State Duma (hereafter - absentee certificate).

7. Voters at the place of temporary stay, voters who work at enterprises with a continuous operating cycle or at some jobs where the working hours (shift duration) cannot be reduced as well as servicemen who stay outside the area where their units are stationed, if they were unable to receive an absentee certificate, may be included in the voters’ list in the election precinct where they are temporarily staying by the decision of the given precinct election commission on the basis of a personal written application to be submitted to such precinct election commission not later than in three days before the voting day. The precinct election commission of the election precinct where this voter is included in the voters’ list as a resident of this election precinct shall be informed of this fact through the territorial election commission (if the place of residence of the voter is located within the same Russian Federation subject) or the election commission of the subject of the Russian Federation (if the place of residence of the voter is located within some other subject of the Russian Federation). In the corresponding line of the voters’ list the precinct election commission shall write “Included in the voters’ list in election precinct N” and shall indicate the number of the election precinct and the name of the subject of the Russian Federation. By a decision of the precinct election commission voters who are not registered at the place of residence within the Russian Federation may be included in the voters’ list in the election precinct formed in accordance with Clause 4, Article 13 of this Federal Law at the place of their settlement or at the place where, by a decision of the election commission of the subject of the Russian Federation, such voters shall vote, on the basis of a personal written application submitted to the precinct election commission not later than on the voting day.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

            7.1. On the election precincts formed in accordance with Clause 4, Article 13 of this Federal Law at railway stations and airports, the voters’ lists are prepared on the voting day. Voters who stay at such places on the voting days are included into the voters’ lists on presentation of absentee certificate.

(Clause 7.1. introduced by the Federal Law of October 4, 2010, No.263-FZ)

8. Citizens of the Russian Federation who have been granted the status of forced migrants or have applied for the status of forced migrants to the federal body of executive power in the field of migration or to the territorial agencies of this body shall be included in the voters’ list at the place of their temporary residence on the basis of the passport or an equivalent identity document and relevant documents issued by these authorities.

9. Citizens of the Russian Federation who are entitled to elect and stay abroad by virtue of private invitations, on official and business trips and as tourists shall be included in the voters’ list on the basis of an oral application when they come to the premises of the precinct election commission, upon production of the passport or an equivalent identity document and an absentee certificate. Such citizens, who were unable to receive an absentee certificate, shall be included in the voters’ list by the precinct election commission on the basis of an oral application on the voting day.

(as amended by the Federal Law of April 4, 2007, No.64-FZ)

10. Citizens of the Russian Federation who were registered at the place of residence within the territory of the election precinct after the voters’ list was made available to voters for inspection, as well as voters who were not included in the voters’ list for any other reason shall be additionally put on the voters’ list by the precinct election commission on the basis of the passport or an equivalent identity document and, if necessary, the documents confirming that the voter's place of residence (or, in the absence of any place of residence within the Russian Federation – the place of temporary stay) is located in the territory of the given election precinct.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

11. After the voters’ list has been signed by the chairman and the secretary of the territorial election commission (in the case provided by Clause 13, Article 15 of this Federal Law – by the chairman and the secretary of the precinct election commission) and certified by the commission’s seal, a citizen of the Russian Federation may be removed from the voters’ list only on the basis of official documents, including a notification of the higher-level territorial commission that the voter has been put on the voters’ list in some other election precinct, or when an absentee certificate is issued to the voter in accordance with the procedure set forth in this Federal Law. In this case, the date when the citizen was removed from the voters’ list and the reasons for such removal shall be noted down in the voters’ list. This note shall be certified by the signature of the chairman of the precinct election commission and, when an absentee certificate is issued, by the signature of the member of the election commission who issued the absentee certificate, with the indication of the signing date.

12. No amendments shall be made to voters’ lists after the end of voting and commencement of vote counting.

Article 17.Inspection of Voters’ Lists by Voters

1. The precinct election commission shall make voters’ lists available to voters for inspection and additional correction in 20 days before the voting day and, in cases where the voters’ list is prepared later than this date as provided by Clauses 4 - 6, Article 15 of this Federal Law, immediately after preparation of the voters’ list.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. A citizen of the Russian Federation entitled to elect may request the precinct election commission to put him on in the voters’ list or to correct errors and inaccuracies in his data entered in the voters’ list. Within 24 hours and, on the voting day, within two hours of receipt of such request and not later than the time when voting ends, the precinct election commission shall verify the information and documents presented by such voter and shall either correct the error or inaccuracy or refuse to do so indicating the reasons why the voter’s request was rejected, and shall provide the voter with a certified copy of the commission’s decision.

3. The decision of the precinct election commission to reject the request mentioned in Clause 2 of this Article may be appealed to the superior election commission or to a court (at the place of location of the precinct election commission) and these bodies must consider the appeal within three days or immediately, if the appeal was filed within three days before or on the voting day. If the appeal is granted, the precinct election commission shall immediately make the necessary corrections in the voters’ list.

4. Each citizen of the Russian Federation may inform the precinct election commission of amendments to the voters’ data mentioned in Clause 10, Article 15 of this Federal Law for voters entered in the voters’ list of the given election precinct.

Chapter 3. ELECTION COMMISSIONS

Article 18.System and Status of Election Commissions for the Election of Deputies of the State Duma

1. The following election commissions listed below in the order of their seniority shall be charged with preparation and conduct of the election of deputies of the State Duma, ensuring of the exercise of electoral rights of citizens and protection of these rights:

1) the Central Election Commission of the Russian Federation;

2) election commissions of the subjects of the Russian Federation;

3) territorial election commissions - regional, city and other territorial election commissions or election commissions of municipal formations acting in cases provided by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum“ as territorial election commissions;

4) precinct election commissions.

2. The decisions of superior election commission adopted within the scope of its competence shall be binding on subordinate election commissions.

3. A decision of any election commission, which is contrary to the law or goes outside the established competence, shall be reversed by superior commission or by a court. In this case, the superior election commission may take a decision to the point or return the relevant materials for reconsideration to subordinate election commission whose decision was reversed. If subordinate commission fails to reconsider the matter, superior election commission may take a decision to the point.

 

Article 19.Formation of the Central Election Commission of the Russian Federation and Election Commissions of the Subjects of the Russian Federation

The Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation shall be formed in accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

 

Article 20.Formation of Territorial Election Commissions

1. The powers of territorial election commissions for the election of deputies of the State Duma shall be exercised by the territorial election commissions formed in accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" or by the election commissions of municipal formations acting as territorial election commissions in cases provided by the said Federal Law. If there is no such territorial election commission or there is no election commission of a municipal formation in some territory, it shall be formed in accordance with the said Federal Law not later than in 35 days from the day of the official publication of the decision to call the elections. The period for acceptance of proposals concerning membership of the territorial election commission shall not be less than one month. An announcement about the formation of the territorial election commission and the period for acceptance of proposals suggesting candidates for appointment to the commission shall be published (publicized) before commencement of the acceptance of such proposals.

2. The election commission of the subject of the Russian Federation may form one or several territorial commissions to guide preparation and conduct of the election of deputies of the State Duma carried out by precinct election commissions formed on ships at sea and at polar stations. Such territorial election commissions shall be formed subject to the general requirements to the formation of election commissions and the procedure for the formation of territorial election commissions established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

3. The Central Election Commission of the Russian Federation may form one or several territorial commissions to guide preparation and conduct of the election of deputies of the State Duma carried out by precinct election commissions formed in election precincts outside the territory of the Russian Federation. Such territorial election commissions shall consist of not less than five and not more than nine voting members, who are not subject to restrictions that hinder the eligibility for the status of a voting member of an election commission, established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum." The Central Election Commission of the Russian Federation may vest the powers of such territorial commissions in the territorial commissions formed during preparation and conduct of the election of the President of the Russian Federation.

4. The terms of office of territorial election commissions mentioned in Clauses 2 and 3 of this article shall be determined by the election commission which formed them.

5. The provisions of this Federal Law regulating the activity of territorial election commissions shall apply to the territorial election commissions mentioned in Clauses 2 and 3 of this Article unless otherwise provided by this Federal Law.

 

Article 21.Formation of Precinct Election Commissions

 

1. The precinct election commission shall be formed not earlier than in 30 days and not later than in 23 days before the voting day by superior territorial election commission subject to the general requirements to the formation of election commissions and the procedure for the formation of precinct election commissions established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum," with the following number of members, depending on the number of voters registered in the territory of the election precinct:

1) up to 1001 voters: 3 to 9 voting members of the precinct election commission;

2) from 1001 to 2001 voters: 7 to 12 voting members of the precinct election commission;

3) over 2000 voters: 7 to 16 voting members of the precinct election commission.

2. If the voting day in the election of deputies of the State Duma coincides with the voting day in the election of bodies of state power of the subject of the Russian Federation, bodies of local self-government, and/or the voting day in a referendum of the subject of the Russian Federation, local referendum, the maximum number of voting members of the precinct election commission mentioned in Clause 1 of this Article may be increased but by no more than four members. Additional labor remuneration for these members of the precinct election commission and compensation for a period during which they were relieved from their main job shall be paid to them out of the resources of the corresponding budget.

3. The period for acceptance of proposals suggesting candidates for a precinct election commission shall not be less than 15 days. An announcement about the formation of precinct election commissions and the period for acceptance of proposals suggesting candidates for appointment to the commissions shall be published (publicized) before commencement of the acceptance of such proposals.

4. In an election precinct formed in the territory of a military unit stationed in an isolated locality far from populated centers, in a hard-to-reach or remote area, on a ship at sea, at a polar station, in places where voters stay temporarily or in places of settlement of voters who do not have registration at the place of residence within the Russian Federation the precinct election commission shall be formed within the period established by Clause 1 of this Article and, in exceptional cases, not later than in three days before the voting day.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

5. In an election precinct formed outside the territory of the Russian Federation the precinct election commission shall be formed within the period established by Clause 1 of this Article and, in exceptional cases, not later than in three days before he voting day, by the head of the diplomatic or consular mission of the Russian Federation or by the commander of a military unit stationed outside the territory of the Russian Federation.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

6. When a precinct election commission is to be formed in an election precinct located outside the territory of the Russian Federation:

1) the requirements concerning the maximum number of members of precinct election commissions set forth in Clause 1 of this Article shall not apply if more than 3,000 voters are registered in the election precinct;

2) the proposal suggesting a candidate for a precinct election commission, which was received from the political party whose federal list of candidates was included in the distribution of deputy seats in the last election of deputies of the State Duma (federal list of candidates that received a deputy seat in accordance with the Article 82.1 of this Federal Law) in the last election of deputies of the State Duma, preceding these elections, shall be subject to mandatory consideration only if the Russian Federation citizen with the right to elect who has been suggested for inclusion in the said election commission permanently resides in the territory of the given foreign state.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

7. The superior territorial election commission shall issue to voting members of the precinct election commission an ID card of the form established by the Central Election Commission of the Russian Federation.

 

Article 22.Appointment and Terms of Office of Non-Voting Members of Election Commissions

 

1. The political party that nominated a federal list of candidates may, from the day on which it files the documents for the registration of a federal list of candidates with the Central Election Commission of the Russian Federation, appoint one non-voting member to the Central Election Commission of the Russian Federation, and, if the federal list of candidates has been registered, one such member to the election commission of each subject of the Russian Federation, each territorial and precinct election commission.

2. Ineligible for appointment as non-voting members of election commissions shall be citizens of the Russian Federation who have not attained to the age of 18 years; citizens of the Russian Federation who have been pronounced incapable by a legally effective court decision; persons who do not have a Russian Federation citizenship and citizens of the Russian Federation who have citizenship of a foreign state or a residence permit or another document confirming the right of a citizen of the Russian Federation to permanent residence in the territory of a foreign state; persons occupying elective offices; members of the Federation Council of the Federal Assembly of the Russian Federation; deputies of the legislative (representative) bodies of state power; deputies of the representative bodies of local self-government; higher officials of the subjects of the Russian Federation (heads of the high executive bodies of state power of the subjects of the Russian Federation); heads of local administrations of municipal districts, urban and rural settlements, including urban districts, inner territories of federal cities; persons holding command posts in military units, military organizations and institutions; judges; prosecutors; members of administration of election commissions; attorneys of political parties.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

3. Election commissions shall provide their non-voting members with an ID card of the form established by the Central Election Commission of the Russian Federation.

4. The terms of office of a non-voting member of an election commission shall commence from the date on which the given election commission receives a written notification from the political party mentioned in Clause 1 of this Article about the appointment of a non-voting member of the election commission and a written consent of the citizen to such appointment. The aforementioned notification shall contain surname, first name and patronymic, date and place of birth, citizenship, series, number and date of issuance of the passport or an equivalent document, name or code of the body which issued the passport or the equivalent document, residential address of the citizen appointed as a non-voting member of the election commission. For the period indicated in Clause 1, Article 47 of this Federal Law the employer shall grant a non-voting member of an election commission an unpaid leave of absence upon his request.

5. The terms of office of a non-voting member of an election commission may be terminated at any time by the political party that appointed him, subject to a decision of the competent body of the political party, and his powers may be transferred to another person.

6. In election commissions functioning on a permanent basis the terms of office of non-voting members appointed by the political party which federal lists of candidates were included in the distribution of deputy seats on the basis of the results of the given election of deputies of the State Duma, as well as political parties, federal lists of candidates of which received deputy seats in the course of the given election in accordance with Article 82.1 of this Federal Law, shall last until completion of the registration of federal lists of candidates in the next election of deputies of the State Duma. The terms of office of the other non-voting members of an election commission functioning on a permanent basis shall terminate in 30 days after the day of the official publication of the election results. The terms of office of members of other election commissions shall terminate with the termination of terms of office of these commissions. If the political party was refused registration of its federal list of candidates or if the registration of the federal list of candidates nominated by the political party was annulled or cancelled, the terms of office of non-voting members of an election commission appointed by such political party shall terminate from, respectively, the day of the refusal, the day of the annulment or cancellation of the registration of this federal list of candidates, and, if the refusal of registration has been appealed to a court, from the date on which the court decision on the lawfulness of the refusal of registration became legally effective.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

7. During the terms of office of the State Duma of the given convocation, political parties which federal list of candidates was included in the distribution of deputy seats on the basis of the results of the given election of deputies of the State Duma, and political parties which federal lists of candidates received deputy seats in accordance with Article 82.1 of this Federal Law, shall retain the right to appoint non-voting members of election commissions functioning on a permanent basis, including by way of replacement of quitting members.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

 

Article 23.Organization of Work of Election Commissions. Assistance to Election Commission in the Exercise of Their Powers

 

1. The work of election commissions shall be organized in accordance with Article 28 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

2. State bodies and organizations, bodies of local self-government, organizations in which authorized (shareholding) capital as of the day on which the decision to call the election of deputies of the State Duma was published (publicized) the share of the Russian Federation, the subject of the Russian Federation or a municipal formation exceeds 30 percent, as well as officials of these bodies and organizations shall assist election commissions in the exercise of their powers in accordance with the Russian Federation legislation on elections and referenda.

3. State and municipal organizations which carry out television and/or radio broadcasting (hereafter  - TV and radio broadcasting organizations), and editorial offices of national and municipal print periodicals shall, within five days of receipt of such request, allocate free air time to election commissions for information of voters in the order established by this Federal Law, other federal laws, and free space in print periodicals for the publication of decisions of election commissions and placement of other information. The expenses incurred by the TV and radio broadcasting organizations and print periodicals in provision of free air time and free print space shall be borne by these organizations and editorial offices.

(as amended by the Federal Law of June 19, 2009, No.203-FZ)

4. State bodies, bodies of local self-government, political parties and other public associations, organizations regardless of the form of ownership, including TV and radio broadcasting organizations, editorial offices of print periodicals, as well as officials of these bodies and organizations, shall provide election commissions with the necessary information and materials and respond to requests of election commissions within five days, to requests received in five and less than five days before the voting day - not later than the day preceding the voting day and to requests received on the voting day and the day following the voting day - immediately.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ and of July 19, 2009, No.203-FZ)

5. Election commissions are entitled to apply to the law enforcement bodies and request them to carry out the investigation and suppression of violations of this Federal Law, other Federal Laws during preparation and conduct of the election of deputies of the State Duma, and the law enforcement bodies shall take measures prescribed by the law to suppress such violations within five days or not later than the day preceding the voting day if the request was received five and less days before the voting day or immediately, if the request was received on the day preceding the voting day, on the voting day or on the day following the voting day. If the facts cited in the request require additional investigation such measures shall be taken within ten days. The law enforcement bodies shall, without delay, inform the election commission, which made the request, about the results of the investigation and the measures taken.

 

Article 24.Status of Members of Election Commissions

The status of voting members of election commissions and the status of non-voting members of election commissions is established by Article 29 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

 

Article 25.Powers of the Central Election Commission of the Russian Federation

 

During preparation and conduct of the election of deputies of the State Duma the Central Election Commission of the Russian Federation, acting within the scope of its powers established by the Federal Laws, shall:

1) organize preparation and conduct of the elections and direct the activities of election commissions;

2) exercise control over the observance of electoral rights of citizens of the Russian Federation and ensure uniform application of this Federal Law;

3) issue instructions and other regulations on the questions connected with the application of this Federal Law;

4) render legal, methodological, organizational, technical and other assistance to subordinate election commissions;

5) direct the activity of election commissions to ensure the uniform use of GAS “Vybory” and separate technical facilities of this system, including technical facilities for vote counting;

6) based on the information about the number of voters registered in accordance with the requirements of Article 16 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum” in the territories of the subjects of the Russian Federation, provided by the executive bodies of state power of the subjects of the Russian Federation, inform political parties, election commissions of the subjects of the Russian Federation on the number of voters registered in the territories of each subject of the Russian Federation;

7) hear reports of representatives of the federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation and bodies of local self-government on issues connected with preparation and conduct of the elections;

8) distribute funds allocated from the federal budget for financing preparation and conduct of the elections, the activity of election commissions and the exercise of their powers, the operation and development of automation facilities, the training of election officials and education of voters; exercise control over the proper use of these funds and over receipts to and expenditures from electoral funds of political parties;

9) certify and register federal lists of candidates; publish certified federal lists of candidates, while the following information on each candidate is not to be published: residential address with indication of street, house and apartment number; series, number and date of issue of the passport or an equivalent identity document; name or code of the body which issued the passport or an equivalent identity document;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

10) register attorneys and authorized persons of political parties, including authorized representatives of political parties for financial issues;

11) certify the lists of authorized representatives of regional branches of political parties for financial issues;

12) issue ID cards of the established form to registered candidates, attorneys of political parties;

13) exercise control over observance of the rules of information of voters and the order of campaigning in the territory of the Russian Federation;

14) establish unified numeration of election precincts formed outside the territory of the Russian Federation;

15) approve of the forms (if necessary, machine readable forms) of documents connected with preparation and conduct of the elections; determine the methods of protection of the ballot and absentee certificate and, if necessary, the methods of protection of the voters’ list and other documents connected with preparation and conduct of the elections; deal with issues related to the production of these documents;

16) approve of the text of the ballot in the Russian language;

17) approve of samples of seals of election commissions;

18) approve of the order of the delivery of documents, connected with preparation and conduct of the elections, to election commissions; approve of the order of safe storage of these documents, their transfer to archives and their disposal upon the expiry of their safe storage periods and coordinate this order with the federal body of executive power in charge of normative-legal regulation in the archive-keeping sphere;

19) develop standard quotas of the technical equipment (booths for voting, ballot boxes) required for the work of precinct election commissions; approve of these standard quotas and exercise control over compliance therewith;

20) deal with issues connected with the logistical support of the elections;

21) inform voters on the time and order of the performance of election actions, the progress of the election campaign, the political parties which nominated lists of candidates;

22) establish who of the registered candidates included in the federal lists of candidates have been elected deputies of the State Duma and provide such candidates with certificates of election;

23) establish the results of the elections and arrange their official publication;

24) make up the lists of registered candidates elected deputies of the State Duma and present these lists along with other necessary documents to the State Duma;

25) call and organize repeat elections;

26) considers complaints (applications) concerning decisions and actions (inaction) of the election commissions of the subjects of the Russian Federation and their officials and take reasoned decisions on such complaints (applications);

27) exercise other powers in accordance with this Federal Law and the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

 

Article 26.Powers of Election Commission of the Subject of the Russian Federation

 

1. During preparation and conduct of the election of deputies of the State Duma the election commission of the subject of the Russian Federation shall:

1) coordinate the activities of subordinate election commissions in the territory of the subject of the Russian Federation and render methodological, organizational, technical and other assistance to these commissions;

2) ensure cooperation between the Central Election Commission of the Russian Federation and the bodies of state power of the subject of the Russian Federation;

3) exercise control over observance of electoral rights of citizens of the Russian Federation in the territory of the subject of the Russian Federation;

4) distribute funds allocated for financing preparation and conduct of the elections in the territory of the subject of the Russian Federation, including between territorial election commissions; exercise control over the proper use of these funds;

5) exercise control over receipts to and expenditures from electoral funds of regional branches of political parties;

6) register authorized representatives of regional branches of political parties for financial issues;

7) hear reports of representatives of bodies of executive power of the subject of the Russian Federation, bodies of local self-government on issues connected with preparation and conduct of the elections;

8) ensure the uniform use of GAS “Vybory” in the territory of the subject of the Russian Federation in accordance with the procedure established by the Central Election Commission of the Russian Federation;

9) ensure compliance with the standard quotas of the technical equipment (booths for voting, ballot boxes), approved by the Central Election Commission of the Russian Federation for precinct election commissions, and with the procedure for safe storage of documents connected with preparation and conduct of the elections, their transfer to archives and their disposal upon the expiry of their safe storage periods;

10) exercise control over the provision of premises, transport facilities and means of communication to territorial and precinct election commissions and over the implementation of decisions adopted by these commissions on issues connected with the logistical support of the elections;

11) exercise control over and ensure compliance with the uniform procedure for vote-counting, establishment of voting results and with the procedure of their publication in the territory of the Russian Federation subject;

12) establish unified numeration of election precincts in the territory of the subject of the Russian Federation;

13) exercise control over timely and correct preparation of voters’ lists;

14) exercise control over the compliance with the rules for information of voters and election campaigning rules in the territory of the subject of the Russian Federation;

15) take measures to distribute free air time between regional groups of candidates;

16) inform voters on the time and procedure for the performance of electoral actions, the progress of the election campaign, the candidates, the political parties which registered federal lists of candidates;

17) in the cases and in accordance with the procedure provided by this Federal Law approve of the text of the ballot in the official language of the republic of the Russian Federation, in the languages of the peoples of the Russian Federation in the territory of their compact settlement;

18) in accordance with the decisions of the Central Election Commission of the Russian Federation arrange for the production of ballots and for their delivery to territorial election commissions;

19) make arrangements for the delivery of absentee certificates, other documents connected with preparation and conduct of the elections to subordinate election commissions;

20) establish voting results in the subject of the Russian Federation, communicate them to the mass media and present the protocol on voting results (protocols on voting results in each territory of the subject of the Russian Federation) to the Central Election Commission of the Russian Federation;

21) publish (publicize) voting results in the subject of the Russian Federation in the regional state mass media;

22) considers complaints (applications) concerning decisions and actions (inaction) of the territorial election commissions and their officials and take reasoned decisions regarding such complaints (applications);

23) exercise other powers in accordance with this Federal Law and the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

 

Article 27.Powers of the Territorial Election Commission

 

1. During preparation and conduct of the election of deputies of the State Duma the territorial election commission shall:

1) exercise control over preparation and conduct of the elections, observance of electoral rights of citizens in the given territory; inform the population on the location and telephone numbers of the territorial election commission and precinct election commissions;

2) form precinct election commissions and appoint their chairmen;

3) coordinate the work of precinct election commissions n the given territory, consider complaints (applications) concerning decisions and actions (inaction) of these election commissions and adopt reasoned decisions thereon;

4) prepare voters’ lists for the given territory, separately for each election precinct, in accordance with the form established by the Central Election Commission of the Russian Federation, save as otherwise provided by Clauses 4 - 7, Article 15 of this Federal Law; verify data on voters;

5) hear reports of the representatives of bodies of local self-government on issues connected with preparation and conduct of the elections;

6) distribute funds allocated to it for financing preparation and conduct of the elections, including between precinct election commissions; exercise control over the proper use of these funds;

7) make arrangements for the delivery of ballots and other documents connected with preparation and conduct of the elections to precinct election commissions;

8) issue absentee certificates to voters;

9) render methodological, organizational and technical assistance to precinct election commissions in the organization of voting at polling stations;

10) exercise control in the given territory over compliance with the procedure of informing of voters and the election campaigning rules;

11) ensure that GAS “Vybory” is used in the given territory in accordance with the procedure established by the Central Election Commission of the Russian Federation;

12) exercise control over and ensure compliance with the uniform procedure for vote-counting and establishment of voting results in the given territory;

13) ensure compliance with the standard quotas of the technical equipment (booths for voting, ballot boxes), approved by the Central Election Commission of the Russian Federation for precinct election commissions;

14) establish voting results in the given territory, present them to the mass media and transfer the protocol on voting results to the election commission of the subject of the Russian Federation;

15) make arrangements for the transfer of documents connected with preparation and conduct of elections to superior election commission or to an archive institution of the subject of the Russian Federation in accordance with the procedure approved by the Central Election Commission of the Russian Federation or dispose of such documents after expiry of their safe storage periods;

16) inform voters on the time and procedure for the performance of electoral actions, the progress of the election campaign;

17) exercise other powers in accordance with this Federal Law and the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

2. Territorial election commissions formed in accordance with Clause 2, Article 20 of this Federal Law shall have the powers set forth in Clause 1 of this Article, save the powers set forth in Paragraphs 4, 5 8, 16, Clause 1 of this Article. Territorial election commissions formed in accordance with Clause 3, Article 20 of this Federal Law shall have the powers set forth in Clause 1 of this Article, save the powers set forth in Paragraphs 2, 4, 5, 8 and 16, Clause 1 of this Article.

 

Article 28.Powers of Precinct Election Commission

 

1. During preparation and conduct of the election of deputies of the State Duma the precinct election commission shall:

1) inform the population on the location and telephone number of the precinct election commission, its working hours, about the day, time and place of voting;

2) correct the voters’ list for the given election precinct and, in cases provided by Clauses 4 - 7, Article 15 of this Federal Law, prepare and correct the voters’ list,

3) acquaint voters with the voters’ list; consider statements about errors and inaccuracies in the voters’ list and make required corrections therein;

4) issue absentee certificates to voters;

5) exercise control over compliance with the rules for posting of the election campaign materials in the territory of the election precinct;

6) ensure preparation and equipment of polling station;

7) inform voters on registered federal lists of candidates, registered candidates on the basis of the information received from superior election commission;

8) ceased to be in force. – The Federal Law of July 25, 2011, No.262-FZ; 

9) organize voting at the election precinct on the voting day and organize early voting;

10) count votes; establish voting results for the given election precinct; prepare the protocol on voting results and deliver this protocol to superior election commission;

11) consider complaints (applications) on violations of this Federal Law and take reasoned decisions thereon;

12) ensure safe storage of the documents connected with preparation and conduct of the elections and transfer of these documents to the appropriate superior election commission;

13) make arrangements for the use of technical vote-counting facilities in the territory of the election precinct in accordance with the procedure established by the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

14) exercise other powers under this Federal Law.

2. The period of powers of the precinct election commission shall expire in 10 days after the day of the official publication of the results of the election of deputies of the State Duma if no complaints (applications) have been received by the superior election commission on decisions and actions (inaction) of the given election commission, which resulted in the violation of the voting and/or the vote-counting procedure and also if there are no on-going judicial proceedings in connection with such facts. If the voting results for the given election precinct, given territory or the election results have been challenged, the period of powers of the precinct election commission shall expire from the date on which the superior election commission adopts its decision on the complaint (application) or the relevant court order becomes legally effective.

 

Article 29.Publicity of Activity of Election Commissions

 

1. Members and staff personnel of the superior election commissions, the authorized representative of the political party that registered a federal list of candidates or any candidate from this list may attend all meetings of any election commission and be present when the precinct, territorial election commission is working with voters’ lists, ballots, absentee certificates, protocols and consolidated tables of voting results. The aforementioned persons shall not need any additional permission from an election commission to attend its meetings and be present when the election commission is working with the aforementioned documents. Members of the press may be present at all meetings of any election commission, when it works with the aforementioned electoral documents and counting votes.

2. Election commissions shall inform the election commission of the next higher level, the authorized representative of each political party that registered a federal list of candidates on the time and place when and where the election commission is to hold its meetings and shall ensure free access of the persons mentioned in Clause 1 of this Article to these meetings and to the premises where it counts votes or works with the documents mentioned in Clause 1 of this Article.

3. When election commissions consider complaints (applications), its meeting may be attended by claimants, representatives of interested parties, who may give explanations and submit evidence to the point of the issue under consideration.

4. Election commissions shall inform voters on the results of the registration of federal lists of candidates; on biographical and other data of registered candidates; on other data of such candidates which was received by election commissions in accordance with this Federal Law; on voting results for each registered federal list of candidates.

5. On the voting day and on the days of early voting, from the time the precinct election commission begins its work and until it is notified by the superior election commission of acceptance of the protocol on voting results and also in the event of vote recount, the persons mentioned in Clause 1 of this Article as well as observers, foreign (international) observers may be present at election precincts. Observers, foreign (international) observers may be present in other election commissions when these commissions establish voting results and election results, prepare protocols on voting results and election results and at the vote recount.

6. All members of the election commission, other persons mentioned in Clause 1 of this Article, observers shall be allowed to enter the premises of the precinct election commission of any election precinct formed in the territory of a military unit, in a closed administrative-territorial unit, at a hospital, sanatorium, holiday hotel, places where persons suspected or accused of commission of a crime are held in custody and other places of a temporary stay of voters, as well as the polling station and the premises where votes are being counted.

7. Non-voting members of election commissions, observers, members of the press present during the voting and vote counting in precinct election commissions may wear name tags free from any signs of election campaigning, which show their status; their surname, first name and patronymic; the name of the political party that appointed the non-voting member or sent the observer to the election commission; and, in the case of members of the press, the name of the mass media which they represent.

8. In cases where this Federal Law provides for providing the persons mentioned in Clause 5 of this Article with certified copies of protocols on voting results and election results, other documents connected with preparation and conduct of elections, these copies shall be certified by the chairman, deputy chairman or secretary of the given election commission. The person certifying a copy of the document shall write the words “True copy” or “This is a true copy” on the copy being certified, put his signature, write his surname and initials, the date and time when the copy was certified and affix the seal of the given election commission.

Chapter 4. OBSERVERS, FOREIGN (INTERNATIONAL) OBSERVERS, MASS MEDIA REPRESENTATIVES

Article 30.Observers

          1. Observers may be appointed by each political party that registered a federal list of candidates.

          2. A citizen of the Russian Federation with the right to elect may become an observer. Persons occupying elective offices, deputies, higher officials of the subjects of the Russian Federation (heads of high executive bodies of state power of the subjects of the Russian Federation), heads of local administrations, persons directly subordinate to them, judges, prosecutors, voting members of election commissions cannot become observers.

          3. The powers of an observer shall be certified in writing in the certificate issued by the political party mentioned in Clause 1 of this Article. This certificate must indicate the surname, first name and patronymic of the observer; his residential address; the number of the election precinct to which he is sent; the absence of the restrictions set forth in Clause 2 of this Article. Provision of any additional information on the observer shall not be required. The certificate shall be valid if presented together with the passport or an equivalent identity document. No advance notification of sending of an observer shall be required.

4. The certificate indicated in Clause 3 of this Article may be presented to the precinct election commission in the period stipulated by Clause 5, Article 29 of this Federal Law and to other election commissions - in the period from the commencement of the voting at election precincts to completion of the work on the protocol on voting results, election results, including results of vote recount.

5. The political party mentioned in Clause 1 of this Article may appoint several observers to each election commission, who may take turns while monitoring the activities at the polling station. Two and more persons, representing the interests of one political party shall not simultaneously act as observers in the premises of an election commission or at the polling station. No restrictions other than those imposed by this Federal Law shall be established for the presence of observers in the premises of an election commission or at the polling station; for monitoring of voting and vote counting, preparation of protocols on voting results; for the issuance of copies of these protocols.

6. The observer is entitled to:

1) inspect voters’ lists, the register of issued absentee certificates, absentee certificates kept by the election commission, register of applications for voting outside the polling station;

2) be present at the polling station of the given election precinct on the voting day, on the days of early voting at any time during the period mentioned in Clause 5, Article 29 of this Federal Law;

3) observe issuing of ballots to voters;

4) be present when voters vote outside the polling station;

5) observe counting of the number of voters in the voters’ lists, number of ballots issued to voters, number of canceled ballots, number of absentee certificates;

6) observe counting of votes from a distance and in the conditions which allow the observer to see the marks made on the ballots by voters;

7) inspect any marked and unmarked ballot when votes are being counted; observe preparation of the protocol on voting results and other documents by the election commission during the period mentioned in Clause 5, Article 29 of this Federal Law;

8) make proposals and remarks concerning the organization of voting to the chairman of the precinct election commission or, in his absence, to his deputy;

9) inspect the protocol of the election commission to which the observer is sent and protocols on voting results, election results of the subordinate election commissions and documents attached to these protocols; receive from the election commission certified copies of these protocols;

10) appeal decisions and actions (inaction) of the election commission to which the observer is sent to the superior election commission or a court;

11) present at vote recounting in the given election commission.

7. The observers are forbidden to:

1) issue ballots to voters;

2) sign for a voter for receipt of a ballot even at voter’s request;

3) mark the ballot for a voter even at voter’s request;

4) do anything that violates the secrecy of voting;

5) directly participate in the counting of ballots together with the voting members of the election commission;

6) do anything that interferes with the work of the election commission;

7) conduct election campaigning among voters;

8) participate in the adoption of decisions by the election commission.

 

Article 31. Foreign (International) Observers

 

1. Foreign (international) observers shall receive a permission to enter the Russian Federation in accordance with the procedure established by the Federal Law and, if they receive an invitation mentioned in Clause 3 of this Article, they shall be accredited by the Central Election Commission of the Russian Federation.

2. The activity of foreign (international) observers shall be regulated by the international treaties of the Russian Federation, this Federal Law, and other the Federal Laws.

3. Invitations may be sent by the President of the Russian Federation, the Chambers of the Federation Council of the Russian Federation, the Government of the Russian Federation, the Central Election Commission of the Russian Federation after the official publication of a decision to call the election of deputies of the State Duma. The suggestions to send invitations may be made by the Human Rights Commissioner of the Russian Federation, international and national governmental and non-governmental organizations and private persons with recognized authority in the field of the protection of human rights. The Central Election Commission of the Russian Federation shall send invitations to election bodies of foreign states and to international organizations specializing in the issues of the election legislation and elections, protection of the rights of citizens to participate in elections and referenda.

4. The Central Election Commission of the Russian Federation shall provide a foreign (international) observer with a certificate of an established form on the basis of the documents presented by the observer (an application for accreditation as a foreign (international) observer; a copy of the invitation received from the body or person mentioned in Clause 3 of this Article; an identity document of the foreign (international) observer. The provided certificate shall allow the foreign (international) observer to carry on his activity during the period mentioned in Clause 5 of this Article.

5. The terms of powers of a foreign (international) observer shall commence from the day on which the observer receives accreditation at the Central Election Commission of the Russian Federation and shall end on the day of the official publication of the results of the election of deputies of the State Duma.

6. Election commissions, bodies of state power, other state bodies, bodies of local self-government, officials shall render the necessary assistance to a foreign (international) observer within the scope of their competence.

7. A foreign (international) observer shall carry out his activity independently and by himself. The material and financial support for the activity of a foreign (international) observer shall be provided at the expense of the organization which sent the observer or at his own expense.

8. Foreign (international) observers may meet with candidates, representatives of political parties and other public associations, observers.

9. Foreign (international) observers may publicly express their opinion on the election legislation of the Russian Federation and preparation and conduct of the election of deputies of the State Duma, hold press conferences and contact members of the press only after the voting time ends in the whole territory of the Russian Federation.

10. Foreign (international) observers shall not take advantage of their status to carry out activities unrelated to monitoring preparation and conduct of the election of deputies of the State Duma.

11. The Central Election Commission of the Russian Federation may revoke accreditation of a foreign (international) observer if he violates the universally accepted principles and norms of international law, this Federal Law, other Federal Laws.

Article 32. Mass media representatives

Mass media representatives that participate in the coverage of preparation and conduct of the election of deputies of the State Duma are entitled to:

1) attend meetings of election commissions;

2) examine the protocol on voting results of the precinct election commission and protocols on voting results and election results of other election commissions, including protocols that are prepared for the second time;

3) receive from the relevant election commission copies of the protocols and attached documents mentioned in Clause 2 of this Article;

4) attend and cover election campaigning events;

5) present at a polling station on the voting day, on the days of early voting, take photos and make video films.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

Chapter 5.POLITICAL PARTIES

Article 33.Participation of Political Parties in the Election of Deputies of the State Duma

 

1. Political parties participate in the election of deputies of the State Duma including nomination of the lists of candidates in accordance with this Federal Law and the Federal Law "On Political Parties." The political party is entitled to nominate one list of candidates.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. The federal body of executive power authorized to register political parties shall prepare the list of political parties which are entitled to participate in the election of deputies of the State Duma under the law "On Political Parties" and this Federal Law including nomination of the federal lists of candidates as of the day of official publication of the decision to call the election of deputies of the State Duma, and shall, within three days of the date when this decision was officially published (publicized), publish this list of political parties in national state print periodicals, post it in the Internet and, within the same period, submit this list to the Central Election Commission of the Russian Federation along with the excerpts from the statutes of the political parties contained therein with the description of the party emblems effective as of the day of the official publication of the decision to call the election.

Article 34.Name and Emblem of Political Party

 

1. The political party that nominated the federal list of candidates shall submit information on its name to the Central Election Commission of the Russian Federation.

2. The name of the political party shall be the name indicated in its statutes.

3. When submitting the lists of candidates for certification the political party is entitled to submit to the Central Election Commission of the Russian Federation its emblem described in its statutes.

4. The election documents shall use the full name of the political party if it consists of not more than seven words. If the full name of the political party consists of more than seven words and its abbreviated name - of not more than seven words, the election documents shall use the abbreviated name of the political party. If both the full and the abbreviated name consists of more than seven words, this political party shall coordinate with the Central Election Commission of the Russian Federation a brief name (consisting of not more than seven words), which shall be used in election documents. The brief name of the political party shall meet the requirements set forth in Article 6 of the Federal Law “On Political Parties” and shall consist only of the words forming the name of the political party indicated in its statutes. The political party shall also coordinate with the Central Election Commission of the Russian Federation the party emblem to be used in election documents.

(Clause 4 as amended by the Federal Law of April 26, 2007, No.64-FZ)

5. The name and emblem of the political party shall not be changed after they have been submitted to the Central Election Commission of the Russian Federation.

 

Article 35.Authorized Representatives of Political Party and its Regional Branches

 

1. The political party that nominated the federal list of candidates may appoint not more than 500 representatives authorized under this Federal Law to represent the political party in all issues related to its participation in the election of deputies of the State Duma, including representatives for financial issues (hereafter - authorized representatives of the political party, authorized representative of the political party for financial issues).

2. The political party shall, at the suggestion of its regional branch, appoint authorized representatives for financial issues, vested with powers to manage the electoral fund of this regional branch and with other related powers (hereafter also - authorized representatives of the regional branch of the political party for financial issues”).

3. The authorized representatives mentioned in Clauses 1 and 2 of this Article shall be appointed by the decision of the congress of the political party or by the decision of the body authorized to do so by the congress of the political party. Such decision shall contain surname, first name and patronymic, date of birth, series, number and date of issuance of the passport or an equivalent identity document, main place of work or service, position (occupation, if there is no main place of work or service), residential address of each authorized representative and his powers. For an authorized representative of the political party for financial issues or an authorized representative of the regional branch of the political party for financial issues the decision shall also indicate that the representative has the right to sign payment (settlement) documents.

4. The lists of authorized representatives mentioned in Clauses 1 and 2 of this Article shall be submitted to the Central Election Commission of the Russian Federation on paper and in established machine-readable form. The lists shall contain the data on authorized representatives which is specified in Clause 3 of this Article, the telephone number of each authorized representative and, for an authorized representative of the political party for financial issues or an authorized representative of the regional branch of the political party for financial issues the fact that this person is an authorized representative for financial issues and the scope of his powers. This list shall be accompanied by a written consent of each of the listed persons to act as an authorized representative.

5. Authorized representatives of the political party shall exercise their powers on the basis of the decision mentioned in Clause 3 of this Article and authorized representatives of the political party for financial issues or authorized representatives of the regional branch of the political party for financial issues also on the basis of a duly executed and notarized power of attorney stating surname, first name and patronymic, date and place of birth, residential address, series and date of issuance of the passport or an equivalent identity document, name or code of the body which issued the passport or an equivalent identity document, powers of the given person, and an imprint of the seal for the financial documents of the political party, regional branch of the political party.

6. Authorized representatives of the political party for financial issues shall be subject to registration by the Central Election Commission of the Russian Federation. Such registration shall be carried out on the basis of the decision and the power of attorney mentioned in Clauses 3 and 5 of this Article, respectively, upon presentation of the passport or an equivalent identity document by the authorized representative.

7. The list of authorized representatives of the regional branch of the political party for financial issues shall be subject to registration by the Central Election Commission of the Russian Federation and, after the federal list of candidates nominated by the political party is certified, shall be submitted to the respective election commissions of the subjects of the Russian Federation for the registration of authorized representatives of the regional branch of the political party for financial issues. Such registration shall be carried out on the basis of the decision and the power of attorney mentioned in Clauses 3 and 5 of this Article, respectively, upon presentation of the passport or an equivalent identity document by the authorized representative.

8. Subject to the decision of the body of the political party competent to take such decisions, the political party may at any time terminate the powers of any of its authorized representatives by serving written notice to this effect on this representative and presenting a copy of the relevant decision to the Central Election Commission of the Russian Federation and the election commission of the given subject of the Russian Federation. A copy of the decision to terminate powers of an authorized representative of the political party for financial issues or authorized representative of the regional branch of the political party for financial issues shall also be submitted to the branch of the Savings Bank of the Russian Federation where the political party or the corresponding regional branch of the political party opened a special election account for the formation of its electoral fund.

9. The authorized representatives mentioned in Clauses 1 and 2 of this Article shall not take advantage of their office or official position.

10. The period of powers of authorized representatives of the political party shall commence from the day of their appointment and expire upon the loss of their status by all candidates included in the federal list of candidates nominated by this political party but not later than the day of the official publication of the results of the election of deputies of the State Duma.. The period of powers of authorized representatives of the political party for financial issues and authorized representatives of the regional branch of the political party for financial issues shall expire in 90 days after the voting day or, if the political party that appointed them is involved in judicial proceedings, from the day following the day on which the court decision become legally effective.

11. An authorized representative of the political party that registered the federal list of candidates may receive from the election commission of the subject of the Russian Federation the list of election precincts indicating their boundaries, the addresses and telephone numbers of territorial and precinct election commissions, addresses of polling stations.

 

 

Chapter 6.NOMINATION AND REGISTRATION OF  FEDERAL LISTS OF CANDIDATES

Article 36.Nomination of Federal List of Candidates

1. A decision to nominate the federal list of candidates shall be taken by secret balloting at the congress of the political party.

2. The procedure for inclusion of candidates in the federal list of candidates and the procedure for conducting secret balloting mentioned in Clause 1 of this Article shall be determined by the statutes of the political party.

3. The political party shall nominate the federal list of candidates at its congress not earlier than in 10 days and not later than in 30 days after the day of the official publication of the decision to call the election of deputies of the State Duma.

4. In the event of the dissolution of the State Duma, nomination of the federal list of candidates may be carried out at the congress of the political party not earlier than in 10 days and not later than in 30 days after the day of the official publication of the decree of the President of the Russian Federation announcing the early election of deputies of the State Duma of a new convocation or publication of the decision of the Central Election Commission of the Russian Federation adopted in pursuance of Clause 5, Article 6 of this Federal Law.

5. The decision of the congress of the political party on the nomination of the federal list of candidates shall be recorded in its minutes, which shall state:

1) the number of registered delegates of the congress;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2) the number of delegates of the congress which is required for an adoption of the decision under the statutes of the political party.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

3) the decision on the nomination of the federal list of candidates and the results of the vote taken on this decision (with attachment of the federal list of candidates);

4) the decision on the appointment of authorized representatives of the political party, authorized representatives for financial issues and also on the appointment of authorized representatives of the regional branches of the political party for financial issues (if such representatives are appointed);

5) the date of the decision;

6) the regional group of candidates which will receive votes cast for the federal list of candidates by voters residing outside the Russian Federation, if the political party adopts the decision mentioned in Clause 9.1 of this Article

(Clause 6 introduced by the Federal Law of July 21, 2007, No.188-FZ)

6. The political party may include in the federal list of candidates persons who are not members of political parties. Such persons may amount to not more than 50 percent of the number of candidates in the federal list of candidates. The political party may not include in the federal list of candidates persons who are members of other political parties.

(as amended by the Federal Laws of July 12, 2006, No.106-FZ and of April 26, 2007, No.64-FZ)

7. The federal list of candidates shall be certified by the signature of a person authorized to do so by the statutes of the political party or the decision of the competent body of the political party and by the seal of the political party.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

8. The composition of the federal list of candidates and the arrangement of candidates on the list shall be determined by the political party in accordance with the requirements set forth in Clauses 6, 9 - 11, 15 - 22 of this Article.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

9. The federal list of candidates shall be divided (fully or in part) into regional groups of candidates corresponding to one subject of the Russian Federation, groups of subjects of the Russian Federation, a part of the territory of the subject of the Russian Federation.

9.1. The political party may determine the regional group of candidates which is to receive votes cast for the federal list of candidates by voters residing outside the Russian Federation.

(Clause 9.1 introduced by the Federal Law of July 21, 2007, No.188-FZ)

10. The number of voters registered in the territory of a group of subjects of the Russian Federation to which a regional group of candidates corresponds, shall not exceed 3 million. The number of voters registered in the part of the territory of one subject of the Russian Federation, to which a regional group of candidates corresponds, shall not be less than 650 thousand.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

11. A regional group of candidates may correspond to a part of the territory of the subject of the Russian Federation provided the number of voters registered in the entire territory of the given subject of the Russian Federation exceeds 1.3 million.

12. Ceased to be in force. – The Federal Law of April 26, 2007, No.64-FZ.

13. Not later than in 20 days before expiration of the period within which the election of deputies of the Sate Duma is to be called and, in the event of early elections, not later than in five days after publication of the decision to call the election of deputies of the State Duma, the Central Election Commission of the Russian Federation shall determine the boundaries of the parts of territories of the subjects of the Russian Federation to which regional groups of candidates may correspond and shall publish the list of such parts of the territories with the indication of their names and the names of administrative-territorial units or municipal formations or populated centers comprised therein (if the territory of the part of the subject of the Russian Federation includes a part of the territory of an administrative-territorial unit or a municipal formation or a populated center, the list shall describe the boundaries of the given part of the territory of the administrative-territorial unit or the municipal formation or the populated center).

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

14. In determining the boundaries of parts of the territories of the subjects of the Russian Federation to which regional groups of candidates may correspond, the Central Election Commission of the Russian Federation shall meet the following requirements:

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

1) the number of voters registered in the territory of the subject of the Russian Federation is divided by 650 thousand. The whole part of the number received as the result of such division is the number of parts into which this subject of the Russian Federation is divided.

2) the parts of the territory of the subject of the Russian Federation must be approximately equal with account of the number of registered voters, with the permissible deviation of the number of voters registered in one part of the territory of the subject of the Russian Federation from the number of voters registered in each of the other parts of the territory of the same subject of the Russian Federation not exceeding 15 percent. In meeting this requirement due account shall be taken of the administrative-territorial structure (division) of the subject of the Russian Federation, the territory of municipal formations. If not less than 650 thousand voters are registered in the territory of an urban district, such urban district may be divided between not more than two parts of the territory of the subject of the Russian Federation. In this case one of the parts shall comprise only the territory of such urban district. If less than 650 thousand but not less than 300 thousand voters are registered in the territory of an urban district, such urban district may not be divided between parts of the territory of the subject of the Russian Federation.

3) a part of the territory of the subject of the Russian Federation may not be formed out of territories with no common borders, with the exception of territories with no common borders with other territories in the given Russian Federation subject;

4) the name of a part of the territory of the subject of the Russian Federation shall include the name of the given subject of the Russian Federation.

15. A part of the territory of the subject of the Russian Federation to which a regional group of candidates corresponds may correspond either to a part of the territory of the subject of the Russian Federation as determined in accordance with Clauses 13 and 14 of this Article or to a group of parts of the territory of the subject of the Russian Federation as determined in accordance with Clauses 13 and 14 of this Article.

16. In the federal list of candidates not more than one group of candidates shall correspond to one subject of the Russian Federation, including a subject of the Russian Federation comprised in a group of subjects of the Russian Federation, or to one part of the territory of the subject of the Russian Federation.

17. It shall not be allowed to divide the federal list of candidates into regional groups of candidates corresponding to territories with no common borders, save the case where the subject of the Russian Federation has no common borders with any other subjects of the Russian Federation or a case where a territory comprised in the subject of the Russian Federation has no common borders with any other territories comprised in this subject of the Russian Federation.

18. Regional groups of candidates corresponding to one subject of the Russian Federation, groups of subjects of the Russian Federation, a part of the territory of the subject of the Russian Federation shall form the regional part of the federal list of candidates. In the federal list of candidates each regional group shall be assigned a consecutive number and it shall be indicated to what subject of the Russian Federation, what group of subjects of the Russian Federation (with the indication of the list of the subjects of the Russian Federation), the part of the territory of the subject of the Russian Federation or the group of parts of the territory of the subject of the Russian Federation (with the indication of the list of parts of the territory of the subject of the Russian Federation) each regional group of candidates corresponds. If the political party adopts a decision mentioned in Clause 9.1 of this Article, the federal list of candidates shall also indicate the regional group of candidates that will receive the votes cast for the federal list of candidates by voters residing outside the Russian Federation.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ and of July 21, 2007, No.188-FZ)

19. The number of regional groups of candidates shall not be less than seventy. The Regional part of the federal list of candidates shall cover all subjects of the Russian Federation.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ and of February, 23, 2011, №. 17-FZ)

20. The all-federal part of the federal list of candidates may include not more than ten candidates.

(as amended by the Federal Law of November 29, 2010, No.325-FZ)

21. A candidate may be included into the federal list of candidates only once.

22. The total number of candidates included in the federal list of candidates shall not exceed six hundred.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

 

Article 37.Guarantees for Exercise of the Right to Be Elected of Citizens who are not Members of Political Parties

(as amended by the Federal Law of July 12, 2006, No.106-FZ)

 1. Not later than in three days after the day of the official publication of the decision to call the election of deputies of the State Duma or, in the event of early elections, not later than in three days after the day of the official publication of the decree of the President of the Russian Federation calling the early election of deputies of the State Duma of the new convocation or publication of the decision of the Central Election Commission of the Russian Federation adopted in pursuance of Clause 5, Article 6 of this Federal Law, each citizen of the Russian Federation who has the right to be elected and is not a member of any political party may apply to any regional branch of any political party for his inclusion in the federal list of candidates to be nominated by this political party. If supported by not less than ten members of the political party who are registered with the given regional branch, this candidate shall be considered by the conference (assembly) of the regional branch of the political party when it deals with the issues related to participation of the political party in the election.

(as amended by the Federal Laws of July 12, 2006, No.106-FZ and of April 26, 2007, No.64-FZ)

2. A candidate supported by the conference (assembly) of the regional branch of the political party shall be considered by the congress of the political party when it deals with the issues of nominating the federal list of candidates, on par with other candidates proposed for inclusion in the federal list of candidates.

3. The absence of any applications mentioned in Clause 1 of this Article shall not prevent the political party form including a citizen of the Russian Federation, who is not a member of this political party or any other party, in its federal list of candidates on its own initiative and in accordance with its statutes, if this citizens agrees in writing to run for election within the federal list of candidates and provided that the requirements set forth in Clause 6, Article 36 of this Federal Law are met.

(as amended by the Federal Law of July 12, 2006, No.106-FZ)

4. The regional branch of the political party violating the requirements set forth in Clause 1 of this Article and the political party violating the requirements set forth in Clause 2 of this Article shall bear liability under the Federal Law “On Political Parties.”

 

Article 38. Filing of Federal Lists of Candidates and Other Electoral Documents with the Central Election Commission of the Russian Federation

 

1. The federal list of candidates shall be submitted by an authorized representative of the political party to the Central Election Commission of the Russian Federation not later than in 30 days after the day of the official publication of the decision to call the election of deputies of the State Duma. The federal list of candidates shall contain surname, first name and patronymic; date and place of birth; residential address; series, number and date of issuance of the passport or an equivalent identity document; name or code of the body which issued the passport or an equivalent identity document; education; main place of work or service and position (in the absence of the main place of work or service - occupation) of each candidate. If a candidate is a deputy and exercises his powers on a non-permanent basis, the federal list of candidates shall indicate this fact and the name of the relevant representative body. If a candidate has a record of conviction that has not been withdrawn or spent, the federal list of candidates shall contain information on the candidate's record of conviction. Upon a candidate's request the federal list of candidates shall indicate the candidate’s membership in the political party that nominated him or in not more than one other public association, duly registered in accordance with the law not later than a year before the voting day, and his status in the given political party, given public association, provided that the candidate submits a document confirming this information, which is officially certified by the permanent leading body of the political party, public association.

(as amended by the Federal Laws of July 12, 2006m No.106-FZ, of July 25, 2006, No.128-FZ, and of April 26, 2007, No.64-FZ)

2. The federal list of candidates shall be submitted to the Central Election Commission of the Russian Federation on paper and in machine-readable form established by the Central Election Commission of the Russian Federation and provided to political parties not later than in on the day of nomination of federal lists of candidates under this Federal Law.

3. Together with the federal list of candidates the authorized representative of the political Party shall submit the following documents:

1) a notarized copy of a document on the state registration of political parties issued by the federal executive body authorized for registration of political parties;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

2) ceased to be in force. – The Federal Law of July 23, 2011, No.259-FZ;

3) a decision of the congress of the political party on the nomination of the federal list of candidates;

4) a list of authorized representatives of the political party, authorized representatives of the political party for financial issues and also authorized representatives of the regional branches of the political party for financial issues (if such representatives are appointed) which meet the requirements set forth in Clauses 3 and 4, Article 35 of this Federal Law.

5) ceased to be in force. – The Federal Law of April 26, 2007No.64-FZ;

6) a list of citizens included by the political party into the federal list of candidates, who are members of this political party. This list shall be officially certified by the permanent leading body of the political party and shall be submitted on paper and in machine-readable form. The format of the lists submitted on paper and in machine-readable form shall be established by the Central Election Commission of the Russian Federation.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

4. Together with the documents mentioned in Clauses 1 to 3 of this Article the authorized representative of the political party shall submit:

1) the statement of each candidate included in the federal list of candidates expressing his consent to run for election within the federal list of candidates nominated by the given political party and his obligation, if elected, to discontinue activities incompatible with the status of a deputy of the State Duma. The statement shall contain surname, first name and patronymic; date and place of birth; residential address; series, number and date of issuance of the passport or an equivalent identity document; name or code of the body which issued the passport or an equivalent identity document; citizenship; education; main place of work or service and position (in the absence of the main place of work or service - occupation); if a candidate is a deputy and exercises his powers on a non-permanent basis, the statement shall indicate this fact and the name of the relevant representative body. If a candidate has a record of conviction that has not been withdrawn or spent, the statement shall contain information on the candidate's record of conviction. In the statement a candidate may indicate his membership in the political party that nominated him or in not more than one other public association duly registered in accordance with the law not later than a year before the voting day, and his status in the given political party, given public association, provided that the candidate submits a document confirming this information, which is officially certified by the permanent leading body of the political party, public association. When indicating his membership in another public association a candidate shall coordinate with the aforementioned body of the public association and with the Central Election Commission of the Russian Federation the name of the given public association, consisting of not more than seven words, which is used in election documents in the election of deputies of the State Duma;

(Clause 1 as amended by the Federal Laws of July 12, 2006, No.106-FZ, of July 25, 2006, No.128-FZ, of April 26, 2007, No.64-FZ)

2) information on the size and sources of the income of each candidate and on property owned and co-owned by the candidate, including information on bank deposits, securities. This information shall be presented in the form stated in Annex 2 to this Federal Law. The same information shall be presented in machine-readable form in accordance with the format established by the Central Election Commission of the Russian Federation.

(Clause 2 as amended by the Federal Law of April 26, 2007, No.64-FZ)

            4.1. In case a disabled person is nominated within the list of candidates and due to this reason cannot independently write a statement with consent to run for election, file or certify other documents prescribed by the law, this person has the right to use the assistance of other person. At this the powers of the person providing assistance in filing or certifying documents prescribed by Clause 4 of this Article shall be notarized.

(Clause 4.1. introduced by the Federal Law of June 14, 2011, No.143-FZ)

5. A candidate may be included only in one federal list of candidates.

6. The Central Election Commission of the Russian Federation shall accept the federal list of candidates and the attached documents together with a copy of the document certifying the identity of the candidate and copies of the documents confirming the information contained in the candidate's statement of consent to run for election, which relate to his education, main place or work or service, position (occupation), and the fact that the candidate is a deputy. Such copies shall be certified by an authorized representative of the political party and shall be submitted for each candidate included in the federal list of candidates. When submitting the federal list of candidates and the attached documents with the Central Election Commission of the Russian Federation the authorized representative of the political party shall also produce powers of attorney for authorized representatives of the political party for financial issues and for authorized representatives of the regional branches of the political party for financial issues (if such representatives are appointed) executed in accordance with the requirements set forth in Clause 5, Article 35 of this Federal Law. Copies of these powers of attorney shall be produced at the Central Election Commission of the Russian Federation in the presence of the authorized representative of the political party, certified by the signature of the person who accepted the documents, and attached to these documents.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

7. Within seven days, the Central Election Commission of the Russian Federation shall consider the submitted documents and, based on the results of the consideration, shall certify the federal list of candidates and provide the authorized representative of the political party with a copy of the certified federal list of candidates, or it shall refuse to certify the said list and shall present a reasoned negative decision to the authorized representative of the political party.

(Clause 7 as amended by the Federal Law of April 26, 2007, No.64-FZ)

8. The refusal to certify a federal list of candidates may be due to the absence of the documents, mentioned in Clauses 1 - 4 and 6 of this article, or the failure to observe of the procedure established by Article 36 of this The Federal Law and Clause 5 of this article for the nomination of a federal list of candidates.

(Clause 8 as amended by the Federal Law of April 26, 2007, No.64-FZ)

9. The political Party may appeal the refusal to certify its federal list of candidates to the Supreme Court of the Russian Federation, which shall consider the appeal within five days.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

10. After a federal list of candidates has been filed with the Central Election Commission of the Russian Federation no changes shall be made in the composition of the list and in the order of arrangement of candidates therein, save the changes due to withdrawal of any candidate on the basis of his personal application or in consequence of a candidate being removed from the federal list of candidates by the political Party or because of the death of a candidate or in connection with the removal of a candidate from the federal list of candidates by a decision of the Central Election Commission of the Russian Federation.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

11. The Central Election Commission of the Russian Federation shall post the information on the certified federal lists of candidates and amendments to it (in the "read only" mode) in the Internet.

 

Article 39.Support of Nomination of the Federal List of Candidates

(as amended by the Federal law of February 9, 2009, No.3-FZ)

 

1. Nomination of the federal list of candidates shall be supported by voters entering their signatures in signature lists save as otherwise provided by Clause 2 of this Article.

(as amended by the Federal Laws of February 9, 2009, No.3-FZ and of June 3, 2009, No.108-FZ)

2. Registration of the federal list of candidates nominated by the political party which federal list of candidates in accordance with officially published results of the last previous election of deputies of the State Duma is admitted to distribution of deputy seats (federal list of candidates that received a deputy seat in accordance with Article 82.1 of this Federal Law), is carried out without collection of signatures of voters under the decision on nomination of the federal list of candidates adopted by the political party in the manner prescribed by the Federal Law. On the basis of this decision without collection of signatures of voters registration is carried out of the federal list of candidates nominated by the political party which federal list of candidates were admitted to distribution of deputy seats (lists of candidates of which received deputy seats in accordance with the law of the subject of the Russian Federation prescribed by Clause 17 of Article 35 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizen of the Russian Federation to Participate in a Referendum “) on the day of official publication of decision on nomination of deputies of the State Duma of legislative (representative) state power bodies in not less than one third of the subjects of the Russian Federation.

(as amended by the Federal Laws of February 9, 2009, No.3-FZ, of May 12, 2009, No.94-FZ, of June 3, 2009, No.108-FZ, of April 22, 2010, No.63-FZ).

3. During election of deputies of the State Duma of the sixth convocation a political party that carries out collection of signatures of voters in support of nominated by such party federal list of candidates, shall collect not less than 150 thousand signatures. During the election of deputies of the State Duma of next convocations such political party shall collect not less than 120 thousand signatures. During collection of signatures in the election of deputies of the State Duma of the sixth and following convocations, not more than 5 thousand signatures shall be collected for one subject of the Russian Federation, whose residential address shall be within the territory of such subject of the Russian Federation, and at this signatures shall be collected not less than in half of the subjects of the Russian Federation. If signatures are collected among voters residing outside the territory of the Russian Federation, total number of such signatures shall not exceed 5 thousand.

(Clause 3 as amended by the Federal Law of June 3, 2009, No.108-FZ).

4. In the event of the early election of deputies of the State Duma the number of signatures of voters required for the registration of the federal list of candidates, the number of signatures to be collected i the territory of each subject of the Russian Federation and the number of signatures to be collected outside the territory of the Russian Federation shall be reduced by half.

5-6. Ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.

 

Article 40.Signature List

 

1. The signature list shall indicate:

1) date of voting;

2) date of certification of the federal list of candidates by the Central Election Commission of the Russian Federation;

3) name of the subject of the Russian Federation on which territory signatures are collected (if signatures are collected among voters residing outside the territory of the Russian Federation, the signature list shall indicate the name of the foreign state);

4) name of the political party that nominated the federal list of candidates;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

5) surname, first name and patronymic of the candidates included in the all-federal part of the federal list of candidates (if applicable) and the three top candidates of the regional group of candidates (each of the regional groups of candidates) corresponding to the subject of the Russian Federation on which territory voters’ signatures are collected (if signatures are collected among voters residing outside the territory of the Russian Federation, the signature list shall indicate surname, first name and patronymic of candidates included in the all-federal part of the federal list of candidates (if applicable), and, if the political party adopts a decision mentioned in Clause 9.1, Article 36 of this Federal Law, also surname, first name and patronymic of the three top candidates of the corresponding regional group of candidates);

(as amended by the Federal Law of July 21, 2007, No.188-FZ as amended by the Federal Law of July, 23, 2011 №. 259-FZ)

6) the number of the special electoral account for the electoral fund of the political party, its regional branch used to pay for production of signature lists.

(Clause 6 introduced by the Federal Law of April 26, 2007, No.64-FZ)

2. Withdrawn. – The Federal Law of July 25, 2006, No.128-FZ.

3. If a candidate whose data is stated in signature list has a conviction that is not withdrawn or spent, data on candidate’s conviction shall be stated in signature list additionally.

(Clause 3 as amended by the Federal Law of July 23, 2011, No.259-FZ)

4. If a candidate mentioned in the signature list indicated his membership in the political Party or any other public association and his status therein in his statement of consent to run for election in accordance with paragraph 1, Clause 4, Article 38 of this Federal Law, this data shall be stated in signature list.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ and of July 23, 2011, No.259-FZ)

5. Production of signature lists shall be paid for out of electoral funds of the political party in accordance with the form established by Annex 1 to this Federal Law. Payment for signature lists productions shall be made before commencement of signature collection.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

 

Article 41.Procedure of Voters’ Signatures Collection in Support of Nomination of Federal List of Candidates and Preparation of Signature Lists

 

1. The political party may commence collection of voters’ signatures in support of nomination of its federal list of candidates from the day on which payment was made for production of signature lists.

(Clause 1 as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. Voters’ signatures may be collected by any legally capable citizen of the Russian Federation who has attained to the age of 18 years by the day of signature collection. The political party may sign a contract for signature collection with a signature collector.

3. The political party shall make up a list of signature collectors according to the form established by the Central Election Commission of the Russian Federation. The list shall contain information about each signature collector: surname, first name and patronymic; date of birth; residential address; number and date of issuance of the passport or an equivalent identity document; name or code of the body which issued the passport or an equivalent identity document; and shall be signed by signature collectors. The information on signature collectors and their signatures in the aforementioned list shall be notarized.

4. All expenses related to collection of voters’ signatures shall be paid only out of the electoral fund of the political party.

5. Voters’ signatures shall be collected at places of residence and other places where election campaigning and signature collection are not prohibited by the Federal Law.

6. Participation of bodies of state power, bodies of local self-government, management bodies of organizations of all forms of ownership, voting members of election commissions in the collection of signatures shall not be allowed. In the course of signature collection it shall be prohibited to force voters to put their signatures or to remunerate them in any form for doing so. It shall be prohibited to collect signatures at work places, at places of study, in the course and at places where salaries, pensions, allowances, grants, other social benefits are paid and when charitable aid is being provided.

7. Collection of voters’ signatures shall be carried out by entering voters’ signatures in signature lists. A voter may put his signature in support of nomination of different federal lists of candidates, but only once in support of the same federal list of candidates. A voter shall put his signature in the signature list and write the date, his surname, first name and patronymic, year of birth (if he is 18 years old as of the voting day - also the day and month of birth), residential address, series and number of the passport or an equivalent identity document. A voter shall put his signature and write the date with his own hand. Upon a voter's request the data of the voter who put his signatures in the signature list may be entered in the signature list by the signature collector. All such data shall be handwritten. The use of pencils for the purpose shall not be allowed.

8. Each signature list shall be certified by signatures of signature collector and an authorized representative of the political party. The signature collector shall, with his own hand, write his surname, first name and patronymic; date of birth; residential address; series and number of the passport or an equivalent identity document and the date of its issuance; name or code of the body which issued the passport or an equivalent identity document. Voter shall personally sign the signature list and enter the date. The authorized representative of the political party certifying the signature list shall sign the signature list and, with his own hand, write the date against his surname, first name and patronymic.

9. When signatures are being collected the signature list may be filled out both on the face and on the back of the list. The back shall be the continuation of the face and all signatures in the signature list shall be numbered consecutively. The signature collector and the authorized representative of the political party shall put their signatures and write their data on the back of the signature list directly below the last voter’s signature.

10. Upon a voter’s request the signature collector shall present a copy of the federal list of candidates certified by the Central Election Commission of the Russian Federation.

11. After collection of voters’ signatures the authorized representatives of the political party shall count the number of collected signatures separately for each subject of the Russian Federation where voters’ signatures were collected, the number of collected signatures of voters residing outside the territory of the Russian Federation and the total number of voters’ signatures. The counting results shall be entered in the signature collection protocol to be prepared in accordance with the form established by the Central Election Commission of the Russian Federation in two counterparts. Each counterpart of the protocol shall be signed by the authorized representatives of the political party.

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

 

Article 42.Submission of Election Documents for Registration of Federal List of Candidates

 

1. For registration of the federal list of candidates the authorized representative of the political party shall submit the following documents to the Central Election Commission of the Russian Federation:

1) the first financial statement of the political party;

2) information on changes in the federal list of candidates after its certification and changes in the data on each candidate of the federal list of candidates submitted earlier in pursuance of Clauses 1 and 4, Article 38 of this Federal Law (if applicable);

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. If signature collection was carried out in support of nomination of the federal list of candidates, the following documents shall be submitted together with the documents mentioned in Clause 1 of this Article:

1) signature lists numbered and stitched in the form of folders for each subject of the Russian Federation where signature collection was carried out as well as signature lists with signatures of voters residing outside the territory of the Russian Federation, numbered and stitched in the form of folders for each foreign state where signature collection was carried out. An official of the consular mission of the Russian Federation shall certify the total number of signature lists in each folder submitted by the signature collector. The number of voters’ signatures in the signature lists submitted to the Central Election Commission of the Russian Federation may exceed the number required for registration of the federal list of candidates established by this Federal Law but by no more than 5 percent.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2) protocols on results of signature collection on paper in two counterparts and in machine-readable form;

3) list of persons in changed of voters’ signatures collection prepared in accordance with Clause 3, Article 41 of this Federal Law, as well as the list of such persons in machine-readable form in accordance with the format established by the Central Election Commission of the Russian Federation;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

4) document confirming payment for production of signature lists.

(Clause 4 introduced by the Federal Law of April 26, 2007, No.64-FZ)

3. Ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.

4. All documents required for registration of the federal list of candidates shall be submitted to the Central Election Commission of the Russian Federation simultaneously, not earlier than in 75 days and not later than in 45 days before the voting day, before 18:00 Moscow time.

5. After accepting the documents for registration of the federal list of candidates the Central Election Commission of the Russian Federation shall provide the authorized representative of the political party with a document confirming the acceptance of the submitted documents, with the indication of the date and time of such acceptance. In the event of submission of signature lists this document shall also indicate the number of accepted signature lists and the declared number of voters’ signatures. The Central Election Commission of the Russian Federation shall preliminarily certify each folder of signature lists with its seal (special stamp) and shall check the number of submitted signature lists to make sure it corresponds to the number of signature lists indicated by the protocol on results of voters’ signatures collection. The Central Election Commission of the Russian Federation shall not restrict admission to its premises of the authorized representatives of the political party nor shall it refuse to accept documents submitted for registration of the federal list of candidates if the documents were delivered before the deadline set by Clause 4 of this Article.

6. Ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.

 

Article 43.Verification of Compliance with Requirements of this Federal Law during Nomination of Federal List of Candidates

 

1. The Central Election Commission of the Russian Federation shall verify compliance with the requirements of this Federal Law when each federal list of candidates is nominated.

2. In the event of submission of signature lists the Central Election Commission of the Russian Federation shall verify compliance with the procedure of collection of voters’ signatures and preparation of signature lists, the authenticity of the data on voters and their signatures contained in signature lists.

3. The Central Election Commission of the Russian Federation shall verify the authenticity of the data on candidates and other information submitted by the political party in accordance with this Federal Law.

4. The Central Election Commission of the Russian Federation shall apply to competent authorities for verification of the authenticity of the data on candidates presented in accordance with this Federal Law, and these authorities shall report the results of the verification within 10 days or, in respect of the information submitted in accordance with Paragraph 2, Clause 4, Article 38 of this Federal Law, within 20 days. If such application is made in 10 days or less before the voting day, the competent authorities shall report the verification results within the time established by the Central Election Commission of the Russian Federation.

5. The Central Election Commission of the Russian Federation shall inform voters on the data on candidates, presented by them when the federal list of candidates was nominated, within the scope established by the Central Election Commission of the Russian Federation.

6. The Central Election Commission of the Russian Federation shall provide the mass media with the information on the discovered facts of the data presented by candidates on themselves being unauthentic.

7. The Central Election Commission of the Russian Federation may, by its decision, form working groups from members of the Central Election Commission of the Russian Federation, members of its administration and organization established to ensure its activity to verify compliance with the procedure of nomination of the federal lists of candidates and preparation of signature lists and check authenticity of data on voters’ and their signatures in signature lists. Such verification may be carried out with the engagement of members of subordinate election commissions, experts from internal affairs bodies, juridical bodies, military commissariats, specialized institutions in charge of the registration of the population in the Russian Federation at their place of stay and place of residence within the Russian Federation, and other governmental bodies in accordance with Clause 19, Article 28 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. Opinions of such experts may serve as grounds for recognition of data on voters and their signatures in signature lists unauthentic and (or) invalid. Opinions of experts are prepared in written form in signature lists verification statements or in other documents.

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

8. To verify the data contained in signature lists the Central Election Commission of the Russian Federation may use GAS “Vybory,” including the voters, referendum participants register. The information on the results of verification, signed by an official of the election commission of the subject of the Russian Federation, including the information obtained via the communication channels of GAS “Vybory” and certified by an electronic digital signature, may be used to pronounce voter signatures invalid.

(Clause 8 as amended by the Federal Law of April 26, 2007, No.64-FZ)

9. Verification shall cover not less than 20 percent of the number of voters’ signatures required for registration of the federal list of candidates and the corresponding data of the voters who put these signatures in signature lists. An equal number of signatures collected in support of the nomination of each federal list of candidates shall be sampled for initial verification. Signature lists to be used for selective verification shall be chosen by random sampling (draw). The sampling procedure shall be determined by the Central Election Commission of the Russian Federation. Sampling and verification of signature lists may be witnessed by authorized representatives or attorneys of political Parties which submitted the number of voters’ signatures required for registration of their federal lists of candidates. Sampling shall be carried out at the Central Election Commission of the Russian Federation immediately after a document confirming acceptance of signature lists is issued to an authorized representative of the political party. Sampling and verification of signature lists may be witnessed by other persons designated by the aforementioned political parties.

10. Verification shall cover all voters’ signatures and all corresponding data on voters in the signature lists sampled for verification. On the basis of verification a voter’s signature may be recognized as authentic, unauthentic and (or) invalid.

11. A signature shall be deemed unauthentic if put by one person on behalf of another person on the basis of an opinion of an expert engaged in verification of voters’ signatures in accordance with Clause 7 of this Article.

(Clause 11 as amended by the Federal Law of July 23, 2011, No.259-FZ)

12. The following signatures shall be deemed invalid:

1) signatures of persons without the right to elect, as well as signatures of voters residing outside the territory of the corresponding subject of the Russian Federation, and during the collection of signatures outside the territory of the Russian Federation – signatures of voters residing temporarily outside the territory of the Russian Federation;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

2) signatures of voters who indicated false data in the signature list. In this case, the signature shall be pronounced invalid on the basis of the official certificate of the body in charge of registration of citizens of the Russian Federation at place of stay and place of residence within the Russian Federation, the information signed by an official of the election commission of the subject of the Russian Federation, including the information obtained via the communication channels of GAS “Vybory” and certified by an electronic digital signature, or a written opinion of an expert engaged in verification in accordance with Clause 7 of this Article;

(Clause 2 as amended by the Federal Law of July 23, 2011, No.259-FZ)

3) voters’ signatures put without indication of some of the data required under this Federal Law or without indication of the date when the voter put his signature in the signature list;

4) signatures of voters data on which are entered other than by handwriting or with a pencil;

5) voter signatures with a corrected date indicating when they were put in the signature list, if the corrections are not specially stipulated by the voters, and voters’ signatures with dates that were not written by the voter with his own hand – on the basis of a written opinion of an expert engaged in verification of voters’ signatures in accordance with Clause 7 of this Article;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

6) voters’ signatures with corrected data of the voters who put these signatures, if the corrections are not specially stipulated by the voter or the voter’s signatures collector;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

7) all signatures in the signature list if the signature list has not been certified personally by signatures of the voters’ signatures collector and (or) the authorized representative of the political party or if at least one of these signatures is unauthentic, or if the signature list is certified by the voters’ signatures collector younger than 18 years old as of the moment of signature collection, and (or) such person was recognized by the court as incompetent, or if at least one the dates of certification of the signature list is not indicated or is not entered personally, or if the data on voters’ signatures collector and (or) the date of signing the list by this person and (or) an authorized representative of the political party contains corrections not specifically stipulated by the voters’ signatures collector, and (or) the authorized representative of the political party, or if the data on voters’ signatures collector and (or) the authorized representative of the political party are entered into the signature list not in full or are unauthentic, or if the data on the voters’ signatures collector was not entered by him personally;

(as amended by the Federal Law of June 23, 2011, No.259-FZ)

8) voters’ signatures put on the signature list before the day on which payment was made for production of signature lists;

(Clause 8 as amended by the Federal Law of April 26, 2007, No.64-FZ)

9) voters’ signatures collected in violation of the requirements set forth in Clauses 5 and 6, Article 41 of this Federal Law;

10) voters’ signatures, if voters’ data has been entered into a signature list not by the voters who put their signatures and not by the collector of signatures in the signature list - on the basis of a written opinion of an expert engaged in verification of voter’s signatures in accordance with Clause 7 of this Article;

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

11) all signatures in a signature list form of which does not meet requirements established by Annex 1 to this Federal Law and (or) which does not have data prescribed by Clauses 1, 3 and 4 of Article 40 of this Federal Law and (or) produced without compliance with its production requirements established by Clause 5, Article 40 of this Federal Law;

(Clause 11 as amended by the Federal Law of July 23, 2011, No.259-FZ)

12) all voters’ signatures in a signature list which was certified by a signature collector not included in the list prepared in accordance with Clause 3, Article 41 of this Federal Law.

13) voters’ signatures that were entered into a signature list after such signature list was certified by signature collector and (or) authorized representative of the political party;

(Clause 13 introduced by the Federal Law of July 23, 2011, No.259-FZ)

            14) all signatures of voters, referendum participants in a signature list, if certifying entry of the signature collector was put after certifying entry of authorized representative of the political party.

(Clause 14 introduced by the Federal Law of July 23, 2011, No.259-FZ)

13. Abbreviated words and dates in the voter’s data contained in a signature list shall not serve as a ground for recognizing of a voter signature invalid if these abbreviations do not prevent unambiguous interpretation of this data.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

14. Voters’ signatures and the corresponding voter’s data contained in a signature list but deleted (crossed out) by the persons certifying the signature lists shall not be subject to verification and accounted if these persons expressly specify so in the signature list before the signature lists are accepted by the Central Election Commission of the Russian Federation.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

15. If verification of signature lists identifies several signatures of the same voter in support of nomination of the same federal list of candidates only one such signature shall be deemed authentic and other signatures shall be invalidated.

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

16. If a signature list contains not filled line(s) that does (do) not meet the requirements of this Federal Law, only the signature in the given line(s) shall be disregarded, save as otherwise provided by Paragraphs 7, 11, 12 and 14, Clause 12 of this Article.

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

17. Corrections and blots specifically stipulated during preparation of a signature list shall not serve as the grounds for invalidation of a voter’s signature, unless the signature was invalidated in accordance with Paragraphs 7, 11, 12 and 14, Clause 12 of this Article.

(as amended by the Federal Law of July 23, 2011, No.259-FZ)

18. If the number of signatures found to be unauthentic and (or) invalid in the course of selective verification equals or exceeds 5 percent of the total number of signatures sampled for verification, an additional 15 percent of the number of voters’ signatures required for registration of the federal list of candidates shall be subjected to verification in accordance with the procedure set forth in this Article.

19. If the total number of unauthentic and (or) invalid signatures discovered in the course of selective verification equals or exceeds 5 percent of the total number of signatures subject to verification under Clauses 9 and 18 of this Article, further verification of the signature lists shall be discontinued and the federal list of candidates shall not be registered.

20. The federal list of candidates shall not be registered if the number of submitted voters’ signatures minus the number of signatures found unauthentic and (or) invalid is insufficient for registration.

21. After the end of verification of signature lists a final protocol shall be prepared for each federal list of candidates. This protocol shall be signed by a voting member of the Central Election Commission of the Russian and shall be submitted to the Central Election Commission of the Russian Federation for adoption of a decision to register or refuse to register the federal list of candidates. The protocol shall indicate the number of stated, submitted and verified voters’ signatures, the number of signatures recognized unauthentic and (or) invalid and the reasons why they were recognized unauthentic or invalid. The protocol shall be attached to the decision of the Central Election Commission of the Russian Federation to register or refuse to register the federal list of candidates. No changes shall be made to the protocol after the decision was taken. A copy of the protocol shall be submitted to an authorized representative of the political party not later than in two days before the meeting of the Central Election Commission of the Russian Federation at which registration of the federal list of candidates is to be considered. If the number of authentic voters’ signatures is insufficient for registration of the federal list of candidates or if the number of unauthentic and (or) invalid signatures equals or exceeds 5 percent of the total number of signatures sampled for verification, an authorized representative of the political party may receive from the Central Election Commission of the Russian Federation a copy of the final protocol and a certified copies of voters’ signatures verification statements with reasons of recognition of voters’ signatures as unauthentic and (or) invalid) with the indication of the numbers of the folder, the numbers of the signature list and the numbers of the lines of the signature list which contain each such signatures, as well as copies of the official documents on the basis of which the signatures were recognized unauthentic and (or) invalid.

22. After the Central Election Commission of the Russian Federation takes a decision to register or refuse to register a federal list of candidates, repeated verification of the signature lists may be carried out only by the Supreme Court of the Russian Federation in accordance with Clause 7, Article 91 of this Federal Law and shall only cover the signatures which were subject to verification.

(Clause 22 introduced by the Federal Law of April 26, 2007, No.64-FZ)

23. In the event of incompleteness of the data on candidates or the failure to meet the requirements of this Federal Law to preparation of documents to be submitted to the Central Election Commission of the Russian Federation in accordance with Article 38, Clause 1, Paragraphs 2 and 4, Clause 2; Clause 4, Article 42 of this Federal Law, the Central Election Commission of the Russian Federation shall, not later than in three days before the date of its meeting at which it considers registration of the federal list of candidates, notify to this effect the political party that nominated the federal list of candidates. Not later than in one day before the date of such meeting, the political party that nominated the federal list of candidates may introduce amendments and supplements the documents containing the data on candidates nominated by this political party nominated in its federal list of candidates, and other documents submitted to the Central Election Commission of the Russian Federation in accordance with Article 38; Clause 1, Paragraphs 2 and 4, Clause 2; Clause 4, Article 42 of this Federal Law, so that these documents should meet the requirements of this Federal Law, including the requirements to their preparation. The political party may replace the submitted document only if it was prepared with violation of the requirements of this Federal Law.

(Clause 23 introduced by the Federal Laws of April 26, 2007, No.64-FZ, as amended by the Federal Laws of February 9, 2009, No.3_FZ, of July 23, 2011, No.259-FZ)

 

Article 44.Registration of Federal List of Candidates

 

1. Not later than in 10 days after acceptance of the documents required for registration of a federal list of candidates, the Central Election Commission of the Russian Federation shall take a decision to register the federal list of candidates or a reasoned decision to refuse this registration.

(as amended by the Federal Law of February 9, 2009, No.3-FZ)

2. The decision to register a federal list of candidates shall indicate the date and time of the registration.

3. Having adopted a decision to refuse to register a federal list of candidates, the Central Election Commission of the Russian Federation shall, within 24 hours of the adoption of such decision, provide its copy to an authorized representative of the political party, stating the reasons for the refusal. The reasons for the refusal may include the following:

1) the failure to comply with the requirements to nomination of a federal list of candidates established by the Federal Laws "On Political Parities" and "On Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian Federation to Participate in a Referendum" and this Federal Law;

2) documents submitted to the Central Election Commission of the Russian Federation in accordance with Articles 38 and 42 of this Federal Law do not include the documents mentioned in Clauses 1 - 4 and 6, Article 38; Clause 1, Clause 2, Article 42 of this Federal Law (save the cases of the absence of these documents with regards to certain candidates included in a federal list of candidates);

(as amended by the Federal Law of April 26, 2007, No.64-FZ, of February 9, 2009, No.3-FZ)

2.1) as of the day preceding the day of the meeting of the Central Election Commission of the Russian Federation that considers the issue of registration of the federal list of candidates, some of the documents submitted in accordance with Articles 38 and 42 of this Federal Law are prepared with violation of the requirements set forth in Clauses 3-5, Article 35; Clauses 5 and 7, Article 36; Clauses 1 - 4 and 6, Article 38; Paragraphs 2 and 3, Clause 2, Article 42; Clause 1 and Paragraph 1, Clause 2, Article 68 of this Federal Law (save the cases of improper preparation of documents with regards to certain candidates included in the federal list of candidates);

(Clause 2.1 introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the Federal Law of February 9, 2009, No.3-FZ)

2.2) as of the day preceding the day of the meeting of the Central Election Commission of the Russian Federation that considers the issue of registration of the federal list of candidates, the documents submitted in accordance with Article 38 of this Federal Law do not contain any information required under Clauses 1 and 4, Article 38 of this Federal Law (save the cases of the absence of such information with regards to certain candidates included in the federal list of candidates);

(Clause 2.2 introduced by the Federal Law of April 26, 2007, No.64-FZ)

3) more than 10 percent of voters’ signatures submitted for registration of the federal list of candidates were collected at the places where signature collection is prohibited by this Federal Law;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

4) insufficient number of authentic voters’ signatures submitted in support of nomination of the federal list of candidates or the number of unauthentic and (or) invalid voters’ signatures equals or exceeds 5 percent of the total number of signatures sampled for verification;

4.1) failure of the political party to comply with the restrictions stipulated by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian Federation to Participate in a Referendum," established by a court decision;

(Clause 4.1 introduced by the Federal Law of April 26, 2007, No.64-FZ)

4.2) bribery of voters by the political party, its attorney, authorized representative or by other persons and organizations acting on their instructions, established by a court decision;

(Clause 4.2 introduced by the Federal Law of April 26, 2007, No.64-FZ)

5) ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ;

6) failure of the political party to form its electoral fund. The absence of resources in an electoral fund shall not serve as a ground for the refusal of registration;

7) expenditure made by the political party from sources other than its electoral fund and electoral funds of its regional branches (if any) to finance its election campaign exceeds 5 percent of the maximum limit of total expenditure out of electoral fund of a political party established by this Federal Law;

8) expenditure made by the political party to finance its election campaign exceeds by more than 5 percent the maximum limit of total expenditure out of electoral fund of a political party established by this Federal Law;

9) number of candidates removed from the federal list of candidates on the basis of their applications by a decision of the political party (with the exception of candidates who were deleted due to compelling circumstances) and by the decision of the Central Election Commission of the Russian Federation adopted in accordance with Clause 4 of this Article exceeds 25 percent of the total number of candidates in a certified federal list of candidates;

10) repeated abuse of an authorized representative or an attorney of the political party of his office or official position;

11) withdrawal of candidates as a result of which less than 70 regional groups of candidates remained on the federal list of candidates.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ, of February 23, 2011, No.17-FZ)

4. The Central Election Commission of the Russian Federation shall remove a candidate from a federal list of candidates if:

1) candidate does not have the right to be elected;

2) candidate did not mention his record of conviction that was not withdrawn or spent;

(as amended by the Federal Law of July 25, 2006, No.128-FZ)

3) during the campaigning period a candidate failed to comply with the restrictions stipulated by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian Federation to Participate in a Referendum," as established by a court decision;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

4) candidate repeatedly abused his office or official position;

5) candidate was registered in another federal list of candidates;

6) the federal list of candidates nominated by the political party contains a candidate who is a member of another political party;

(Clause 6 introduced by the Federal Law of April 26, 2007, No.64-FZ)

7) documents submitted to the Central Election Commission of the Russian Federation in accordance with Article 38 of this Federal Law do not contain the documents which are required under Clauses 1, 4 and 6, Article 38 of this Federal Law for registration of a candidate included in the federal list of candidates;

(Clause 7 introduced by the Federal Law of April 26, 2007, No.64-FZ)

8) as of the day preceding the day of the meeting of the Central Election Commission of the Russian Federation that considers the issue of registration of the federal list of candidates, the documents submitted in accordance with Articles 38 of this Federal Law contain documents prepared with regards to a candidate with violation of the requirements set forth in Clauses 1, 4 and 6, Article 38 of this Federal Law;

(Clause 8 introduced by the Federal Law of April 26, 2007, No.64-FZ)

9) as of the day preceding the day of the meeting of the Central Election Commission of the Russian Federation that considers the issue of registration of the federal list of candidates, the documents submitted in accordance with Article 38 of this Federal Law do not contain any information on the candidate required under Clauses 1 and 4, Article 38 of this Federal Law.

(Clause 9 introduced by the Federal Law of April 26, 2007, No.64-FZ)

5. If registration of the federal list of candidates was refused, it may be nominated again provided the procedure and periods established by this Federal Law are observed.

6. If any violations of the election legislation of the Russian Federation entailing criminal or administrative responsibility are discovered, the Central Election Commission of the Russian Federation shall present the relevant documents and materials to the law enforcement authorities and a court for establishing the fact of the violation and bringing the offenders to responsibility.

7. The decision of the Central Election Commission of the Russian Federation to register or not to register a federal list of candidates may be appealed to the Supreme Court of the Russian Federation, which shall consider the appeal within five days of its receipt.

8. After a federal list of candidates is registered, the candidates included in this list shall acquire the status of a registered candidate and a candidate’s certificate shall be issued to each registered candidate.

9. Within 48 hours of their registration, the information on the registered federal lists of candidates and the data on the registered candidates included in these lists shall be made available by the Central Election Commission of the Russian Federation to the mass media. The list of the information on income and property of registered candidates shall be established by the Central Election Commission of the Russian Federation.

10. Not later than in 15 days before the voting day, the information on registered candidates and registered federal lists of candidates, containing the data listed in Clauses 3 - 5, Article 72 of this Federal Law, shall be displayed by territorial election commissions on bulletin boards inside their premises. The information on the annulment of the registration of registered federal lists of candidates, withdrawal of candidates from registered federal lists of candidates shall be displayed in the same manner. The information on registered candidates and political parties that registered federal lists of candidates shall be arranged in the same sequence as in the ballot.

11. If in 35 days before the voting day less than two federal lists of candidates were registered, then by the decision of the Central Election Commission of the Russian Federation the voting in the election of deputies of the State Duma shall be postponed for a period not exceeding two months for additional nomination of federal lists of candidates and performance of subsequent electoral actions.

Chapter 7.STATUS OF CANDIDATES

Article 45.Equality of Candidates

 

All candidates shall have equal rights and bear equal obligations, save as otherwise provided by this The Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

 

Article 46.Restrictions Connected with the Office or Official Position

 

1. When conducting their election campaign candidates who occupy state or elective municipal offices or are state or municipal civil servants, candidates who are members of management of organizations regardless of the form of ownership (in organizations where the highest managing body is the general meeting – members of bodies which manage the activity of these organizations), with the exception of political parties, as well as candidates who are officials, journalists, persons holding other creative jobs in mass media organizations shall not take advantage of their office or official position.

2. Registered candidates who are state and municipal civil servants or work in mass media organizations shall be relieved, for the period of their participation in the election of deputies of the State Duma, from their official or service duties. A certified copy of the relevant order (directive) shall be presented to the Central Election Commission of the Russian Federation by an authorized representative of the political party within five days of the registration of the federal list of candidates in which the given candidate is included.

3. During the period of the election campaign, persons who are not candidates and who occupy state or municipal elective offices or are state or municipal civil servants or are members of management bodies of organizations regardless of the form of ownership (in organizations where the highest managing body is the general meeting – members of bodies which manage the activity of these organizations), with the exception of political parties, shall not take advantage of their office or official position to promote nomination of federal lists of candidates and (or) election of candidates included therein.

4. Taking advantage of an office or official position has the following meaning under this Federal Law:

1) involvement of persons who are subordinate or are officially dependent otherwise, state and municipal civil servants in the activities carried out during the working hours to promote nomination of federal lists of candidates and (or) election of candidates included therein;

2) use of premises occupied by state bodies or bodies of local self-government, organizations regardless of the form of ownership, with the exception of premises occupied by political parties, for activities promoting nomination of a federal list of candidates and (or) election of candidates included therein if the use of the same premises on the same terms and conditions is not guaranteed to other political parties which nominated the federal lists of candidates;

3) use for election campaigning of telephone, fax and other means of communication, office equipment, information services ensuring the functioning of state bodies or bodies of local self-government, state and municipal institutions, organizations regardless of the form of ownership, with the exception of the aforementioned means of communication, office equipment and information services ensuring the functioning of political parties, if their use is not paid for from the corresponding electoral fund;

4) use of transport facilities owned by the state, municipal formations or organizations, with the exception of transport facilities owned by political parties, at no charge or reduced charges for activities promoting nomination of the federal lists of candidates and (or) election of candidates included therein. This provision shall not apply to persons using the said transport facilities in accordance with the legislation of the Russian Federation on the security services provided by the state;

5) collection of voters’ signatures or election campaigning carried out by persons who hold state and elective municipal offices or are state or municipal civil servants or are heads of local administrations or are members of management bodies of organizations regardless of the form of ownership (in organizations where the highest managing body is the general meeting – members of the bodies which manage the activity of these organizations), with the exception of political parties, during business trips paid for from the corresponding budget, out of the funds of the corresponding organization;

6) access (provision of access) to the state and municipal mass media for the purpose of collection of signatures or election campaigning if other political parties that nominated the federal lists of candidates are not guaranteed the same access for the same purposes in accordance with this Federal Law;

7) campaign speeches at mass (public) events organized during an election campaign by state and (or) municipal bodies, organizations regardless of the form of ownership, with the exception of political parties;

8) publication of any work reports in the mass media, in printed campaign materials during an election campaign; mailing of congratulations and other materials in the name of a citizen who is a candidate if such mailing is not paid for out of the electoral fund of the political party that nominated him.

5. Compliance with the restrictions listed in Clause 4 of this Article must not prevent deputies from exercising their powers and performing their obligations to voters.

6. Officials, journalists and other persons holding creative jobs in mass media organizations shall not participate in covering an election campaign in the mass media if these persons are candidates or authorized representatives or attorneys of political parties.

 

Article 47.Guarantees of Candidates Activity

 

1. Upon the request or on the basis of the report of a registered candidate the employer, the head of a state body or its division, the commander of a military unit, the administration of an educational institution where the candidate serves, goes through an alternative civil service, undergoes military training, studies, shall relieve the candidate from work, service, military training and study on any day and for any length of time in the period from the day on which the Central Election Commission of the Russian Federation registered the corresponding federal list of candidates and up to the day of official publication of the results of the election of deputies of the State Duma.

2. On the initiative of the employer (administration of an educational institution) a registered candidate may not be fired, expelled from an educational institution or, without his consent, transferred to another job, including a job in another location, or sent on a business trip or called for military service and (or) military training or mobilized for an alternative civil service. The period of participation of a registered candidate in the election of deputies of the State Duma shall be included in his labor record in accordance with his specialty before his registration as a candidate.

3. A criminal case may not be initiated against a registered candidate without the consent of the Chairman of the Investigative Committee of the Russian Federation. A petition to the court to take a registered candidate into custody as a judicial restraint may be filed with the consent of the Chairman of the Investigative Committee of the Russian Federation. A registered candidate cannot be subject to administrative punishment imposed by the court without the consent of the Prosecutor-General of the Russian Federation. Having such consent the Chairman of the Investigative Committee of the Russian Federation, the Prosecutor-General of the Russian Federation shall notify the Central Election Commission of the Russian Federation to this effect.

(as amended by the Federal Laws of July 24, No.214-FZ, of December 28, 2010, No.404-FZ)

 

Article 48.Attorneys of Political Parties

 

1. The political party that nominated the federal list of candidates may appoint up to 1000 attorneys. These persons shall be registered by the Central Election Commission of the Russian Federation within three days of receipt of written notification from the political party of the appointment of attorneys and a statement of the citizen expressing his consent to be an attorney, but not before a decision has been taken to certify the federal list of candidates nominated by the political party. The list of attorneys on paper and in machine-readable form shall be submitted to the Central Election Commission of the Russian Federation in accordance with the format established by it.

(as amended by the Federal Law of April 26, 2007, No.64-FZ).

2. The notification of the appointment of attorneys shall indicate surname, first name and patronymic; date of birth, series and number of the passport or an equivalent identity document and the date of its issuance; main place of work or service and position (occupation, if there is no main place of work or service); residential address of each attorney.

3. Citizens of the Russian Federation who are candidates in elections of any level, persons occupying state or elective municipal offices, heads of local administrations, and members of administrations of election commissions shall not qualify for appointment as attorneys. State or municipal civil servants may be appointed attorneys provided they are relieved from their official duties for the period of the exercise of an attorney’s powers. State or municipal civil servants shall be registered as attorneys if they present an order (directive), relieving them from official duties for the duration of the leave of absence, to the Central Election Commission of the Russian Federation.

4. Attorneys shall receive certificates from the Central Election Commission of the Russian Federation. Upon an attorney’s request the employer shall grant him an unpaid leave of absence for the period during which he is to exercise the powers of an attorney.

5. Attorneys shall carry on campaign activities in favor of the political party that appointed them. An attorney shall not be entitled to act as an observer.

6. The political party that appointed attorneys may, at any time, recall them and appoint other attorneys in their place by notifying the Central Election Commission of the Russian Federation, which shall annul certificates issued to the recalled attorneys. An attorney may, at any time, resign his powers on his own initiative by returning his certificate to the Central Election Commission of the Russian Federation and notifying the political party of his decision.

7. The powers of attorneys shall commence from the day on which they are registered by the Central Election Commission of the Russian Federation and shall terminate when a candidate's status is forfeited by all candidates in the federal list of candidates nominated by the political party that appointed the attorneys, save as otherwise provided by Clause 6 of this Article, but not later than the day of the official publication of the results of the election of deputies of the Sate Duma or, in the event of on-going judicial proceedings which involve complaints on violations of this Federal Law, not later than the date on which the relevant court decision becomes legally effective.

8. The registration of an attorney shall be annulled by the Central Election Commission of the Russian Federation if the attorney acquires a status incompatible with the status of an attorney. The political party shall be notified of such decision within three days of its adoption.

 

Article 49.Withdrawal of Candidates, Recalling of Federal Lists of Candidates

 

1. A candidate may, at any time but not later than in 15 days before the voting day or, in case of compelling circumstances, not later than in one day before the voting day, refuse to continue participation in the election of deputies of the State Duma within the federal list of candidates in which he is included, by submitting a written application to this effect to the Central Election Commission of the Russian Federation. Such application shall be irrevocable. Based on the received application the Central Election Commission of the Russian Federation shall within three days or, in three and less days before the voting day - within 24 hours, remove the candidate from the federal list of candidates.

2. At any time but not later than in five days before the voting day, the political party may recall its federal list of candidates, subject to a decision of a competent body of this political party, by submitting a written application to this effect to the Central Election Commission of the Russian Federation. Such application shall be irrevocable.

3. Based on the Federal Law and (or) its statutes the political party may, not later than in 15 days before the voting day, remove separate candidates from its federal list of candidates certified (registered) by the Central Election Commission of the Russian Federation, save as otherwise provided by Clause 11, Article 91 of this Federal Law.

(Clause 3 as amended by the Federal Law of April 26, 2007, No.64-FZ)

4. No new candidates shall be put into a federal list of candidates and no changes shall be made in the order in which candidates are arranged in the list, save the cases where changes in the arrangement of candidates result from the withdrawal of some candidates.

5. If, by the voting day, less than two registered federal lists of candidates remain, then, by the decision of the Central Election Commission of the Russian Federation the election of deputies of the State Duma shall be postponed for a period not exceeding three months for additional nomination of federal lists of candidates and performance of subsequent electoral actions.

6. If the situation mentioned in Clause 5 of this Article results from the fact that the political party recalled a registered federal list of candidate in the absence of any compelling circumstances or that the registration of a federal list of candidates was annulled by a court or that the registration of a federal list of candidates was annulled on the basis of Clause 2, 3 or 4, Article 91 of this Federal Law (save the case where such annulment is due to the withdrawal of a candidate from the list because of compelling circumstances) the expenses incurred by all election commissions in preparation and conduct of the election of deputies of the State Duma shall be paid by corresponding political party.

7. Circumstances compelling a candidate to waive further participation in the election of deputies of the State Duma mean occupation by a candidate of the office specified by the Constitution of the Russian Federation; a court decision pronouncing a candidate’s incapacity or legal incapacity; a serious illness or persistent health problems of a candidate or his next of kin. The circumstances compelling the political party to recall a federal list of candidates mean withdrawal of candidates included in the all-federal part of a federal list due to compelling circumstances, including their death, and (or) withdrawal of more than 25 percent of candidates from a federal list of candidates.

Chapter 8.INFORMING OF VOTERS AND ELECTION CAMPAIGNING

Article 50.Informational Support of Election of Deputies of the State Duma

 

The informational support of the election of deputies of the State Duma shall include voter informing and election campaigning conducive to conscious expression of voters' will and election transparency.

 

Article 51.Informing of Voters

 

1. Informing of voters shall be carried out by bodies of state power, bodies of local self-government, election commissions, mass media organizations, legal entities and physical entities in accordance with this Federal Law, the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.” Bodies of state power, bodies of local self-government shall not inform voters on political parties that nominated federal lists of candidates or candidates included in such lists.

2. Informational materials published by the mass media or otherwise disseminated shall be objective and accurate and shall not violate the equality of political parties as established by this Federal Law.

3. Mass media organizations shall be free in their activity aimed at the information of voters carried out in accordance with this Federal Law and the Federal Law “On Basic Guarantees of the Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

4. In TV and radio news programs and in the publications in print periodicals information on election campaigning events organized by political parties that nominated federal lists of candidates shall be presented exclusively in the form of separate news items, without any comments. Such informational items shall not be paid for by political parties or candidates. They shall not give preference to any political party, shall not discriminate (infringe the rights of) any political Party, in particular with regard to the period of coverage of the party’s election campaigning events or amount of space allocated to such items in the print periodicals.

5. Journalists, other creative workers and officials of a mass media organization who are engaged (or have been engaged) in the activity aimed at the informational support of the election of deputies of the State Duma in accordance with the election legislation of the Russian Federation may not be fired by the employer and may not be transferred without their consent to other jobs during the election campaign for the election of deputies of the State Duma and during one year thereafter, unless a disciplinary action was taken against them in accordance with the labor laws of the Russian Federation, provided that this action was not appealed to a court or was declared lawful and appropriate by a court.

6. On the voting day no information on results of the election of deputies of the State Duma shall be published (made public) and no such information shall be placed in the public information-telecommunications networks (including the Internet) before the voting ends in the territory of the Russian Federation.

(as amended by the Federal Law of July 11, 2011, No.200-FZ)

 

Article 52.Participation of Election Commissions in Informational Support of the Election of Deputies of the State Duma

 

1. Election commissions shall carry out informing of voters, including through the mass media on preparation and conduct of the elections, the periods and procedure of the performance of electoral actions, the political parties that nominated federal lists of candidates, the candidates, and the electoral legislation of the Russian Federation. Election commissions also take necessary measures to inform disabled voters.

(as amended by the Federal Law of June 14, 2011, No.143-FZ)

2. In the period between the day of the official publication of the decision to call the election of deputies of the State Duma and the day of the official publication of election results the national state TV and radio broadcasting organizations shall weekly provide a minimum of 15 minutes of free air time to the Central Election Commission of the Russian Federation, and the regional state TV and radio broadcasting organizations shall weekly provide a minimum of 10 minutes of free air time to the election commissions of the subjects of the Russian Federation, on each of their channels for the purposes set forth in Clause 1 of this Article and for answering questions of citizens. For the same purposes the national TV and radio broadcasting organizations shall weekly provide the Central Election Commission of the Russian Federation with a minimum of 10 minutes of free air time on each of their channels during the period starting in 90 days before the expiry of the period within which the elections are to be called and ending on the day of the official publication of the decision to call the elections.

3. During the election campaign for the election of deputies of the State Duma, the national state print periodicals published at least once a week shall provide the Central Election Commission of the Russian Federation with a minimum of 1 percent of their weekly print space free of charge. During the election campaign for the election of deputies of the State Duma the regional state print periodicals published at least once a week shall provide the election commissions of the subjects of the Russian Federation with a minimum of 1 percent of their weekly print space free of charge. These election commissions shall use such print space for the purposes set forth in Clause 1 of this Article and for answering questions of citizens.

 

Article 53.Publication of Opinion Poll Results

 

1. Publication of the results of opinion polls related to the election of deputies of the State Duma shall constitute a form of informing of voters.

2. When publishing (making public) the results of opinion polls related to the election of deputies of the State Duma the mass media, citizens and organizations announcing such results shall indicate the organization which conducted the poll, time when it was conducted, number of respondents (sample size), methods of information gathering, region where the poll was conducted, precise wording of the question, statistical assessment of a possible error and person (persons) who ordered the poll and paid for the publication of its results.

3. During five days preceding the voting day and on the voting day it shall be prohibited to publish (make public) the results of public opinion polls, forecasts of the outcome of the election of deputies of the State Duma or other studies related to the elections, in particular in the public information-telecommunications networks (including the Internet).

(as amended by the Federal Law of July 11, 2011, №. 200-FZ)

 

Article 54.TV and Radio Broadcasting Organizations and Print Periodicals Used for Informational Support of the Election of Deputies of the State Duma

 

1. The informational support of the election of deputies of the State Duma shall be provided by the state, municipal and non-state TV and radio broadcasting organizations and print periodicals.

2. In this Federal Law state TV and radio broadcasting organizations and print periodicals mean TV and radio broadcasting organizations and print periodicals which are founded (co-founded) or the editorial boards of which are founded (co-founded) by state bodies and organizations as of the day of the official publication of the decision to call the election of deputies of the State Duma, and (or) which received state support in the form of subsidies and (or) subventions for their functioning from the federal budget or the budget of a subject of the Russian Federation during the year preceding the day of the official publication of the decision to call the election, and (or) in which authorized (shareholding) capital the Russian Federation or a subject (subjects) of the Russian Federation has (have) a stake (contribution) as of the day of the official publication of the decision to call the elections.

3. In this Federal Law municipal TV and radio broadcasting organizations and print periodicals mean TV and radio broadcasting organizations and print periodicals which are founded (co-founded) or whose editorial boards are founded (co-founded) by bodies of local self-government and municipal organizations as of the day of the official publication of the decision to call the election of deputies of the State Duma, and (or) which received municipal support in the form of subsidies and (or) subventions for their functioning from the local budget during the year preceding the day of the official publication of the decision to call the elections, and (or) in which authorized (shareholding) capital a municipal formation ( formations) has (have) a stake (contribution) as of the day of the official publication of the decision to call the elections.

4. In this Federal Law non-state TV and radio broadcasting organizations and print periodicals mean TV and radio broadcasting organizations and print periodicals which are not subject to provisions of Clauses 2 and 3 of this Article.

5. In this Federal Law, depending on the territory of the distribution of information, TV and radio broadcasting organizations and print periodicals are divided into:

1) national TV and radio broadcasting organizations, i.e. TV and radio broadcasting organizations which have a broadcasting license covering the territory of a half or more than a half of the subjects of the Russian Federation and TV and radio broadcasting organizations producing mass information (TV and radio programs) distributed on a contractual basis by other TV and radio broadcasting organizations in the territory of a half or more than a half of the subjects of the Russian Federation;

2) regional TV and radio broadcasting organizations, i.e. TV and radio broadcasting organizations which have a broadcasting license covering the territory of less than a half of the subjects of the Russian Federation and the relevant divisions of TV and radio broadcasting organizations indicated in Paragraph 1 of this Clause;

3) national print periodicals, i.e. print periodicals registered for distribution in a half or more than a half of the subjects of the Russian Federation;

4) regional print periodicals, i.e. print periodicals registered for distribution in less than a half of the subjects of the Russian Federation.

6. Print periodicals founded by bodies of state power, bodies of local self-government exclusively for the publication of their official materials and reports, regulations and other acts shall not publish any election campaign materials or editorial articles covering the activity of political parties that nominated federal lists of candidates and of candidates.

7. The list of national state TV and radio broadcasting organizations and national state print periodicals shall be published by the Central Election Commission of the Russian Federation on the basis of the information submitted by the federal body of executive power authorized to perform registration of mass media, within ten days of the day of the official publication of the decision to call the election of deputies of the State Duma.

8. The list of regional state TV and radio broadcasting organizations and state print periodicals and municipal TV and radio broadcasting organizations and municipal print periodicals shall be published by the election commissions of the subjects of the Russian Federation on the basis of the information submitted by the territorial branches of the federal body of executive power authorized to perform registration of mass media, within ten days of the day of the official publication of the decision to call the election of deputies of the State Duma.

9. The lists mentioned in Clauses 7 and 8 of this Article shall be submitted to the relevant election commissions within five days of the day of the official publication of the decision to call the election of deputies of the State Duma. These lists shall include the following information about each TV and radio broadcasting organization or print periodical:

1) name of the TV and radio broadcasting organization and the relevant mass media facility or print periodical;

2) legal address of the TV and radio broadcasting organization or the print periodical;

3) founder (founders) of the TV and radio broadcasting organization or the founder (founders) of the editorial board of the print periodical;

4) type and scope of state or municipal support (if such support was provided during the year preceding the day of the official publication of the decision to call the election of deputies of the State Duma);

5) share (stake) of the Russian Federation, subjects of Russian Federation, municipal formations in authorized (shareholding) capital (if any) as of the day of the official publication of the decision to call the election of deputies of the State Duma;

6) frequency of publication of the print periodical;

7) statement indicating that the TV and radio broadcasting organization or the print periodical is specialized (applicable to specialized TV and radio broadcasting organizations or print periodicals).

 

Article 55.Election Campaigning

 

1. The following shall be considered as election campaigning during the election campaign for the election of deputies of the State Duma:

1) calls for voting for or against a federal list of candidates, for or against a candidate (candidates);

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

2) expression of preference for any political party that nominated a federal list of candidates or a candidate (candidates); in particular, indicating the political party, federal list of candidates, candidate (candidates) for which the voter will vote (with the exception of publication of the results of opinion polls in accordance with Clause 2, Article 53 of this Federal Law);

3) description of possible consequences of admittance of this or that federal list of candidates to distribution of deputy seats;

4) dissemination of materials with a clear emphasis on one political party that nominated a federal list of candidates or any candidate (candidates) accompanied by positive or negative comments;

5) dissemination of information on the activities of candidates that are not related to their professional activity or performance of their official duties;

6) activities promoting formation of positive or negative attitude of voters towards any political party that nominated a federal list of candidates or towards any candidate (candidates).

2. Actions performed by members of the press as part of their professional activities and mentioned in Paragraph 1, Clause 1 of this Article shall be deemed as election campaigning if these actions are performed to encourage voters to vote for or against some federal list of candidates, for or against some candidate (candidates); actions mentioned in Paragraphs 2 - 6, Clause 1 of this Article shall be deemed as election campaigning, if repeatedly performed for this purpose.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

3. The election campaigning may be conducted:

1) on the channels of TV and radio broadcasting organizations and in the print periodicals;

2) by means of public campaigning events;

3) by producing and distributing printed, audio-visual and other election campaigning materials;

4) by other means which are not prohibited by this Federal Law, other Federal Laws.

4. Election campaigning on the channels of TV and radio broadcasting organizations and in the print periodicals shall be conducted in the form of public debates, discussions, round tables, press conferences, interviews, speeches, demonstration of TV stories and video films about political parties that nominated federal lists of candidates or a registered candidate (candidates) and in other forms which are not prohibited by the Federal Law.

5. The political party that nominated a federal list of candidates shall be entitled to determine by itself the contents, form and methods of its election campaigning, independently conduct the election campaigning and involve other persons in the election campaigning, in accordance with the procedure established by the Russian Federation laws.

6. Candidates authorized by the political party, authorized representatives and attorneys of the political party (hereafter also referred to as “representatives of the political party”) shall be entitled to act on behalf of such political party in the course of election campaigning activities.

7. Election campaigning shall not be conducted and no election campaigning materials shall be produced and distributed by:

1) bodies of state power, other state bodies, bodies of local self-government;

2) persons occupying state or municipal elective offices, state or municipal officials, persons who are members of the management bodies of organizations regardless of the form of ownership (in organizations where the highest managing body is the general meeting – members of bodies which manage the activity of these organizations), with the exception of political parties, when such persons perform their official duties and (or) take advantage of their office and official position to conduct election campaigning;

3) military units, military establishments and organizations;

4) charitable and religious organizations and organizations founded by them as well as members and participants of religious associations during their rites and ceremonies;

5) election commissions, voting members of election commissions;

6) foreign nationals, stateless persons, foreign organizations;

7) international organizations and international public movements;

8) members of the press when they are engaged in their professional activities;

9) persons in respect of whom a court decision established violation of restrictions imposed by Clause 1, Article 56 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum” during the election campaign for the election of deputies of the State Duma.

(Clause 9 introduced by the Federal Law of April 26, 2007, No.64-FZ)

8. Persons who occupy state or municipal elective offices shall be prohibited from conducting election campaigning on the channels of TV and radio broadcasting organizations and in the print periodicals unless these persons are included in a registered federal list of candidates.

9. It shall be prohibited to involve persons, who have not attained to the age of 18 years as of the voting day, in election campaigning, in particular to use the pictures and representations of such persons in election campaigning materials except as otherwise provided by Paragraph 5, Clause 10 of this Article.

10. Pictures of a physical entity or representations of physical entity about any political party that nominated a federal list of candidates or about a candidate (candidates) may be used only with the written consent of this physical entity. The document confirming such consent shall be submitted to the election commission together with copies of the election campaigning materials submitted in accordance with Clause 5, Article 61 of this Federal Law. If an election campaigning material is to be aired by a TV and radio broadcasting organization or published in a print periodical, such document shall be submitted to the election commission upon its request. This restriction shall not apply to:

1) the use by the political party of statements made by candidates included in a federal list of candidates nominated by this political party regarding this political party or any candidate (candidates) included in the list;

2) the use of published statements about a political party that nominated a federal list of candidates or about a candidate (candidates), which indicate the publication date (period of time) of such statements and the name of the mass media where they were published. A reference in election campaigning materials to a statement of a physical entity who is not entitled to conduct election campaigning under this Federal Law shall be allowed only if such statement was published before the day of the official publication of the decision to call the election of deputies of the State Duma. Such reference shall indicate the date (period of time) when this statement was published and the name of the mass media where it was published;

3) the quotation of statements about a political party that nominated a federal list of candidates or about a candidate (candidates) published by other political parties in their election campaigning materials produced and distributed in accordance with this Federal Law.

4) ceased to be in force. – The Federal Law of April 26, 2007, No.64-FZ;

5) the use by the political party that nominated a federal list of candidates of pictures of a candidate (candidates) included in this federal list of candidates, including such pictures showing the candidate with his/her spouse, children (including children who have not attained to the age of 18 years), parents and other close relatives, or with undefined persons.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

11. Election campaigning expenditure shall be paid exclusively out of electoral fund of the political party that nominated a federal list of candidates and the electoral funds of its regional branches (if any). Payment of expenditure on election campaigning in favor of the federal list of candidates nominated by one political party out of electoral funds of other political parties and their regional branches shall be prohibited.

12. Not later than in 20 days before the voting day, the political party that registered a federal list of candidates shall publish its election program in at least one national state print periodical, post it on the Internet and within the same period shall submit a copy of the said publication to the Central Election Commission of the Russian Federation, indicating the address of the site where the election program of this political party is published. Publication of such election program shall be carried out with the use of the free print space provided to the political party in accordance with this Federal Law or such publication shall be paid for out of electoral fund of the political party.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

 

Article 56.Campaigning Period

 

1. Election campaigning shall commence from the day of nomination of federal lists of candidates and end at 00:00 hours local time one day before the voting day.

2. Election campaigning on the channels of TV and radio broadcasting organizations and in the print periodicals shall be conducted in the period which begins 28 days before the voting day and ends at 00:00 hours local time one day before the voting day.

3. Any election campaigning shall be prohibited on the voting day and a day before.

4. Printed election campaigning materials (leaflets, posters, etc.), which were earlier displayed outside the premises of election commissions and polling stations at a minimum distance of 50 meters from the entrance thereto in accordance with the procedure established by this Federal Law, shall remain in place on the voting day.

 

 

Article 57.General Conditions of Political Parties Access to Mass Media

 

1. Air time on the channels of TV broadcasting organizations and space in the print periodicals may be provided to political parties that registered federal lists of candidates in accordance with the procedure established by this Federal Law free of charge (free air time, free print space) except as otherwise provided by Clause 2 of this Article, or on a paid basis.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

2. Free air time, free print space shall not be provided:

1) to a political party, federal list of candidates of which at the latest previous election of deputies of the State Duma received less than 3 percent of votes of voters participated in the voting, and was not admitted to distribution of deputy seats;

2) to a political party that is a legal successor of the political party, federal list of candidates of which at the latest previous election of deputies of the State Duma received less than 3 percent of votes of voters participated in the voting, and was not admitted to distribution of deputy seats.

(Clause 2 as amended by the Federal Law of July 19, 2009, No.203-FZ)

            2.1. Provisions of Clause 2 of this Article are not applied with regards to a political party that is a legal successor of another joined political party, federal list of candidates of which at the latest previous election of deputies of the State Duma received less than 3 percent of votes of voters participated in the voting, if the federal list of candidates of this political party that is a legal successor received at such election 3 and more percent of votes of voters participated in the voting.(Clause 2.1. introduced by the Federal Law of July 19, 2009, No.203-FZ)

3. The political party shall not be entitled to use free and paid air time, free and paid print space for election campaigning in favor of other political parties.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

4. State and municipal TV and radio broadcasting organizations and state and municipal print periodicals editorial boards shall ensure equal terms and conditions of election campaigning for political parties, in particular for the presentation of their election programs to voters.

5. National state TV and radio broadcasting organizations and national state print periodicals editorial boards shall be obliged to provide air time and print space to political parties for election campaigning.

6. Regional state TV and radio broadcasting organizations and regional state print periodicals editorial boards shall be obliged to provide air time and print space to political parties for election campaigning by providing such air time and print space to the respective regional groups of candidates for election campaigning.

7. Municipal TV and radio broadcasting organizations and municipal print periodicals editorial boards may provide air time and print space to political parties for election campaigning by providing such air time and print space to the relevant regional groups of candidates. The said TV and radio broadcasting organizations and print periodicals editorial boards shall provide air time and print space only on a paid basis.

8. If there is no regional group of candidates corresponding to a subject of the Russian Federation (including a subject within a group of subjects of the Russian Federation) or a part (parts) of the territory of a subject of the Russian Federation in the registered federal list of candidates, the political party that registered this federal list of candidates shall not be provided with air time and print space in mass media distributed by the regional state and municipal TV and radio broadcasting organizations and the regional state and municipal periodicals editorial boards in the territory of the given subject of the Russian Federation, except as otherwise provided by Clause 18, Article 58 and Clause 10, Article 59 of this Federal Law.

9. Non-state TV and radio broadcasting organizations and non-state print periodicals editorial boards registered not less than one year before the day of the official publication of the decision to call the election of deputies of the State Duma and non-state print periodicals editorial boards founded by political parties (and their structural divisions) less than one year before the day of the official publication of the decision to call the elections may provide paid air time and print space to political parties provided that such organizations and print periodical editorial boards comply with the requirements set forth in Clauses 10 and 11 of this Article. Other non-state TV and radio broadcasting organizations and editorial boards of non-state print periodicals shall not provide air time, print space to political parties.

10. The terms of payment for the provision of air time, print space shall be the same for all political parties to which air time and print space are provided. This requirement shall not apply to the print periodicals founded by political parties, candidates. In this Federal Law the print periodicals founded by a candidate (candidates) mean the print periodicals founded not less than one year before the day of official publication of the decision to call the election of deputies of the State Duma by a citizen (citizens) of the Russian Federation participating in the election of deputies of the State Duma as a candidate (candidates).

11. Information on the amount of the payment (in the currency of the Russian Federation) for air time, print space and on other payment terms shall be published by corresponding TV and radio broadcasting organization, print periodical editorial board within 30 days of the day of the official publication of the decision to call the election of deputies of the State Duma. Within the same period this information and a notice of readiness to provide air time, print space to political parties shall be submitted to:

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

1) the Central Election Commission of the Russian Federation – by the national TV and radio broadcasting organizations and print periodicals editorial boards;

2) the election commissions of the subjects of the Russian Federation – by corresponding regional and municipal TV and radio broadcasting organizations and regional and municipal print periodicals editorial boards.

12. TV and radio broadcasting organizations and print periodicals editorial boards, regardless of the form of ownership, which provided air time, print space to political parties shall keep separate records of the amount and cost thereof according to the accounting forms established by the Central Election Commission of the Russian Federation. Within ten days of the voting day the data on these records shall be submitted to:

1) the Central Election Commission of the Russian Federation – by the national TV and radio broadcasting organizations and print periodicals editorial boards;

2) the election commissions of the subjects of the Russian Federation – by corresponding regional and municipal TV and radio broadcasting organizations and regional and municipal print periodicals editorial boards.

13. TV and radio broadcasting organizations and print periodicals editorial boards regardless of the form of ownership which provided air time, print space to political parties shall, upon the request of the Central Election Commission of the Russian Federation, and regional and municipal TV and radio broadcasting organizations and regional and municipal print periodicals editorial boards included in the list of the aforementioned TV and radio broadcasting organizations and print periodicals editorial boards, upon the request of the election commission of the subject of the Russian Federation, shall provide documents confirming the consent of the authorized representative of the political party for financial issues (authorized representative of the regional branches of the political party for financial issues) for the performance of work and provision of services on a paid basis.

14. Non-state and municipal TV and radio broadcasting organizations and non-state print periodicals editorial boards, specialized TV and radio broadcasting organizations and specialized print periodicals editorial boards, as well as editorial boards of state print periodicals published less frequently than once a week may refuse to provide air time, print space for election campaigning. Such refusal includes failure to submit the notice mentioned in Clause 11 of this Article within the established period.

15. Air time or print space for election campaigning shall be provided under a written contract concluded between the TV and radio broadcasting organization or print periodical editorial board and the political party or the regional branch of the political party before such air time or print space is provided.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ, of July 19, 2009, N.203-FZ)

16. Mass media organizations shall keep the accounting documents mentioned in Clauses 12, 13 and 15 of this Article related to the provision of free and paid air time and free and paid print space for a minimum of three years from the voting day.

 

Article 58.Conditions for Election Campaigning on Television and Radio

1. The total amount of free air time, and in the event stipulated in Clause 1.1. – paid air time, to be provided for election campaigning by each national state TV and radio broadcasting organization on each of its channels to political parties that registered federal lists of candidates shall be not less than one hour on business days within the period established by Clause 2, Article 56 of this Federal Law. The total amount of free air time to be provided for election campaigning by each regional state TV and radio broadcasting organization on each of its channels shall be not less than 30 minutes on business days within the period established by Clause 2, Article 56 of this Federal Law and, if the total broadcasting time of the TV and radio broadcasting organization is less than two hours a day, not less than one-fourth of its total broadcasting time. If as the result of providing air time per each political party that nominated a registered list of candidates, each regional group of candidates exceeds 60 minutes, total amount of air time provided in accordance with this Article by each TV and radio broadcasting organizations shall be reduced and shall amount to 60 minutes multiplied by number of political parties that nominated registered lists of candidates, regional groups of candidates.

(Clause 1 as amended by the Federal Law of July 19, 2009, No.203-FZ)

 

1.1. Political parties stated in Clause 2, Article 57 of this Federal Law, under the contract between TV and radio broadcasting organization, are entitled to receive out of total amount of air time provided in accordance with Clause 1 of this Article, their shares or parts for payment amount of which shall not exceed payment for air time reserved by state TV and radio broadcasting organizations in accordance with Clause 13 of this Article for election campaigning. Distribution of air time provided under the contract stipulated by this Clause is exercised in accordance with Clauses 3-6 of this Article.

(Clause 1.1. introduced by the Federal Law of July 19, 2009, No.203-FZ)

2. Air time provided in accordance with Clause 1 of this Article shall be provided during the period determined by corresponding TV and radio broadcasting organization when TV and radio programs attract the most audience.

(Clause 2 as amended by the Federal Law of July 19, 2009, No203-FZ)

3. Air time provided in accordance with Clause 1 of this Article shall be provided for conducting discussions, round tables or other joint campaigning events (hereafter - joint campaigning events) and (or) for presenting election campaigning materials of political parties, regional groups of candidates. Not later than 35 days before the voting day the political party, and, with regard to the air time provided by the regional state TV and radio broadcasting organization, the regional group of candidates may refuse to use air time completely or partly in case of joint campaigning events or air time provided for presentation of election campaigning materials, by notifying the Central Election Commission of the Russian Federation or the election commission of a subject of the Russian Federation to this effect in writing. This refusal shall result in the appropriate reduction of the amount of air time provided by the TV and radio broadcasting organization in accordance with Clause 1 of this Article except as otherwise provided by Clause 4 of this Article.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

4. Half of total amount of air time provided in accordance with Clause 1 of this Article shall be provided for joint campaigning events. If a political party or a regional group of candidates refuses to participated in joint campaigning events according to the procedure established by Clause 3 of this Article, the amount of air time provided by the TV and radio broadcasting organization for joint campaigning events shall be reduced by the share of this air time due to this political party or regional group of candidates. Upon the written request of the political party, regional group of candidates submitted along with the notification mentioned in Clause 3 of this Article this share shall be provided to the political party, regional group of candidates for presentation of election campaigning materials.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

5. Political parties participate in joint campaigning events conducted on the channel of national state TV and radio broadcasting organization carried out in accordance with Clause 4 of this Article, and regional groups of candidates participate in joint campaigning events conducted on the channel of regional state TV and radio broadcasting organization. If the territory of a subject of the Russian Federation is divided into parts to which relevant regional groups of candidates correspond, the amount of air time shall be calculated and allocated separately for each part of the territory of the subject of the Russian Federation. Regional groups of candidates corresponding to a group of territories of a subject of the Russian Federation or to a subject of the Russian Federation (including a subject within a group of subjects of the Russian Federation) shall receive air time provided for each relevant part of the territory of the subject of the Russian Federation, on the same terms and conditions as regional groups of candidates corresponding to this part of the territory of the subject of the Russian Federation. If any of the territories of a subject of the Russian Federation is not included in the territory to which any regional group of candidates corresponds, the political party that nominated the relevant federal list of candidates shall not receive air time allocated for this part of the territory of the subject of the Russian Federation.

6. The dates and time when joint campaigning events are to be aired on the channels of the national and regional state TV and radio broadcasting organizations shall be determined by draw, as provided by Clause 11 of this Article.

7. The political party or the regional group of candidates may refuse to participate in a joint campaigning event after the draw not later than in five days before the joint campaigning event is to go on the air or, if the joint campaigning event takes place less than in five days from the day of the draw – on the draw day, by notifying the relevant TV and radio broadcasting organization in writing. In this case the share of air time due to this political party or regional group of candidates shall be provided for the presentation of their election campaigning materials, unless otherwise provided by Clause 8 of this Article.

8. If the number of participants in a joint campaigning event decreases to less than two as a result of the refusal to participate in the event expressed in accordance with the procedure established by Clause 7 of this Article, the amount of air time that each political party or each regional group of candidates may obtain as a result of such refusal for presenting their election campaigning materials shall be reduced by half.

9. If a political party or a regional group of candidates refuses to participate in a joint campaigning event after expiry of the period specified in Clause 7 of this Article, in particular, when only one of the participants can participate in the event as a result of such refusal, the air time provided for such joint campaigning event shall not be reduced.

10. Air time provided in accordance with Clause 1 of this Article for the presentation of election campaigning materials of political parties, regional groups of candidates shall be distributed between all political parties, all regional groups of candidates in equal shares, disregarding the shares due under Clause 4 of this Article to the political parties, regional groups of candidates which refused to participate in joint campaigning events.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ, of July 19, 2009, No.203-FZ)

11. For the purposes of distribution of air time provided in accordance with Clause 1 of this Article for joint campaigning events and presenting election campaigning materials the Central Election Commission of the Russian Federation or the election commission of the subject of the Russian Federation shall conduct the draw upon completion of the registration of federal lists of candidates but not later than in 30 days before the voting day. The draw procedure may be attended by the persons mentioned in Clause 1, Article 29 of this Federal Law. The draw conducted by the Central Election Commission of the Russian Federation with participation of the representatives of national state TV and radio broadcasting organizations shall be used to determine the dates and time when joint campaigning events and election campaigning materials of political parties are to go on the air. The draw conducted by the election commission of a subject of the Russian Federation with participation of the representatives of regional state TV and radio broadcasting organizations shall be used to determine the dates and time when joint campaigning events and election campaigning materials of regional groups of candidates are to go on the air. The results of the draw shall be recorded in a protocol.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

12. A schedule of distribution of air time provided in accordance with Clause 1 of this Article that is made on the basis of the protocol mentioned in Clause 11 of this Article and approved by decision of corresponding election commission and published correspondingly by the national and regional state print periodicals.

(Clause 12 as amended by the Federal Law of July 19, 2009, No.203-FZ)

13. State TV and radio broadcasting organizations shall reserve paid air time for election campaigning conducted by political parties and regional groups of candidates. The total amount of paid air time to be reserved by each TV and radio broadcasting organization shall not be less than the total amount of air time provided in accordance with Clause 1 of this Article and shall not exceed this amount by more than two times.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

14. Each political party, regional group of candidates shall be entitled, for a charge, to receive a part of air time out of total amount of the reserved air time within the share calculated by dividing the said amount by the total number of political parties or the total number of regional groups of candidates.

15. Paid air time shall be provided by the state TV and radio broadcasting organizations in the period established by Clause 2, Article 56 of this Federal Law. The dates and time when joint campaigning events, election campaigning materials are to go on the air shall be determined by the draw carried out by the TV and radio broadcasting organization with participation of interested persons, on the basis of written applications for participation in the draw submitted by the authorized representatives of political parties. The draw shall be conducted within the period established by Clause 11 of this Article.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

16. Municipal TV and radio broadcasting organizations which comply with the requirements set forth in Clause 9, Article 57 of this Federal Law shall provide air time for election campaigning to regional groups of candidates on a paid basis. The total amount of paid air time to be provided shall be determined by the municipal TV and radio broadcasting organization. The dates and time when joint campaigning events and (or) election campaigning materials of each regional group of candidates are to go on the air shall be determined by the draw carried out by the municipal TV and radio broadcasting organization with participation of interested persons on the basis of written applications for participation in the draw submitted by the authorized representatives of political parties. The draw shall be conducted within the period established by Clause 11 of this Article.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

17. If a political party, regional group of candidates refuse to use paid or free air time provided to them for election campaigning, they shall notify the relevant TV and radio broadcasting organization to this effect in writing not later than in five days before they are to go on the air, or, if they are to go on the air in less than five days from the day of the draw - on the day of the draw, and the TV and radio broadcasting organization shall be entitled to use the released air time at its discretion.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

18. If, after distribution of paid air time in accordance with Clause 15 and 16 of this Article or because a political party, regional group of candidates refuses to use the provided air time in accordance with Clause 17 of this Article, some air time remains unallocated, it may be provided on a paid basis to political parties applying for such air time. The remaining air time shall be distributed between the said political parties on equal terms and conditions by means of the draw.

19. Non-state TV and radio broadcasting organizations which complied with the provisions of Clause 11, Article 57 of this Federal Law shall be obliged to provide air time to political parties for election campaigning on equal terms and conditions. Non-state TV and radio broadcasting organizations which do not comply with this requirement or failed to comply with the provisions of Clause 11, Article 57 of this Federal Law shall not be entitled to provide air time to political parties for election campaigning.

20. The contract for provision of paid air time shall specify the following terms and conditions: the type (form) of election campaigning; the date and time when the campaigning material is to go on the air; the length of the provided air time; the amount payable for the air time and the payment procedure; the forms and conditions of participation of the journalist (host) in the TV or radio program. Upon fulfillment of the terms and conditions of the contract, a services provision certificate and an air time utilization report shall be executed to confirm that the contractual obligations have been fulfilled, with the indication of the name of the channel, the name of the program and the air time.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

21. The payment document on transfer of the full payment for the air time shall be submitted by the authorized representative of a political party for financial issues, the authorized representative of the regional branch of the political party for financial issues to a branch of the Savings Bank of the Russian Federation not later than in two days before provision of the air time. A copy of the payment document stamped by the branch of the Savings Bank of the Russian Federation shall be submitted by the authorized representative of a political party for financial issues, the authorized representative of the regional branch of the political party for financial issues to the TV and radio broadcasting organization before the provision of the air time. No air time shall be provided if this requirement is not met.

22. The branch of the Savings Bank of the Russian Federation shall transfer the payment not later than on the banking day following the day of receipt of the payment document. The period for processing of a non-cash payment shall not exceed two banking days within the territory of the subject of the Russian Federation and five banking days within the territory of the Russian Federation.

23. If, while using paid air time, the political party or the regional group of candidates violates terms and conditions established by this Federal Law, corresponding TV and radio broadcasting organization shall be entitled to apply to a court for cancellation of the contract for provision of air time.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

24. Transmission of election campaigning materials or joint campaigning events shall not be interrupted, in particular, by commercials advertising goods and services.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

25. Transmission of election campaigning materials or joint campaigning events on the channels of TV and radio broadcasting organizations shall not be interrupted for transmission of other TV and radio programs, other campaigning materials.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

26. Video and audio recordings of TV and radio programs containing election campaigning materials shall be stored by corresponding TV and radio broadcasting organization for not less than 12 months from the day of the official publication of the results of the election of deputies of the State Duma.

 

Article 59.Conditions of Election Campaigning in Print periodicals

 

1. Political parties which registered a federal list of candidates, except political parties mentioned in Clause 2, Article 57 of this Federal Law, and corresponding regional groups of candidates shall be entitled to free print space in, respectively, national state print periodicals and regional state print periodicals which are published at least once a week, on the following conditions: equal amount of the provided print space; the same place on the page; the same font size; and other equal conditions.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

2. The total minimum weekly amount of free print space which each state print periodical editorial board provides to political parties or regional groups of candidates according to Clause 1 of this Article, and in cases mentioned in Clause 2.1. of this Article – paid print space, shall be not less than 10 percent of the total amount of the weekly print space of the relevant print periodical within the period established by Clause 2, Article 56 of this Federal Law. Information on total amount of print space which the state print periodical editorial board provides for election campaigning shall be published in this print periodical within 30 days of the day of the official publication of the decision to call the election of deputies of the State Duma.

(Clause 2 as amended by the Federal Law of July 19, 2009, No.203-FZ)

            2.1. Political parties mentioned in Clause 2, Article 57 of this Federal Law, are entitled under the contract with print periodical editorial board to obtain out of total amount of print space provided in accordance with Clause 2 of this Article their due shares or their parts for payment amount of which cannot exceed payment for print space reserved by editorial boards of state print periodicals in accordance with Clause 5 of this Article for carrying out of election campaigning. Distribution of print space provided under the contract stipulated by this Clause is carried out in accordance with Clauses 3 and 4 of this Article.

(Clause 2.1. introduced by the Federal Law of July 19, 2009, N.203-FZ)

3. Total amount of print space provided in accordance with Clause 2 of this Article is distributed between political parties, regional groups of candidates by dividing the said amount by the total number of political parties, regional groups of candidates entitled to print space in such print periodical.

(Clause 3 as amended by the Federal Law of July 19, 2009, No.203-FZ)

4. Upon completion of the registration of federal lists of candidates but not later than in 30 days before the voting day the Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation together with representatives of editorial boards of state print periodicals carry out the draw with the purpose of distribution of print space provided in accordance with Clause 2 of this Article between all political parties or regional groups of candidates and determination of dates of publication of election campaigning materials. The draw may be attended by persons mentioned in Clause 1, Article 29 of this Federal Law. The draw results are recorded in a protocol and approved by decision of election commission that carried out the draw.

(Clause 4 as amended by the Federal Law of July 19, 2009, No.203-FZ).

5. Editorial boards of state print periodicals published not less frequently than once a week shall reserve paid print space for publishing election campaigning materials of political parties or regional groups of candidates. Total amount of paid print space reserved by each editorial board of print periodical shall not be less than the total amount of print space to be provided in accordance with Clause 2 of this Article but shall not exceed this amount by more than two times.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

6. Each political party and regional group of candidates shall be entitled to paid print space out of total amount of the reserved print space within a share obtained by dividing the total amount of this amount by the total number of political parties or the total number of regional groups of candidates.

7. Paid print space shall be provided by the state print periodical editorial board within the period established by Clause 2, Article 56 of this Federal Law. The date of publication of election campaigning materials shall be determined by the draw conducted by the print periodical editorial board together with interested persons on the basis of written applications for participation in the draw submitted by the authorized representatives of political parties. The draw shall be conducted within the period established by Clause 4 of this Article and may be attended by members of the Central Election Commission of the Russian Federation, the election commission of a subject of the Russian Federation and persons mentioned in Clause 1, Article 29 of this Federal Law. The results of the draw shall be recorded in a protocol.

8. Editorial boards of municipal print periodicals and state print periodicals published less frequently than once a week, which complied with the provisions of Clause 11, Article 57 of this Federal Law, shall provide paid print space for election campaigning to regional groups of candidates. Total amount of paid print space that is provided for election campaigning is determined by editorial boards of print periodicals. Dates of publication of election campaigning materials shall be determined by the draw conducted by editorial boards of these print periodicals together with interested persons on the basis of written applications for participation in the draw submitted by the authorized representatives of political parties. The draw shall be conducted within the period established by Clause 4 of this Article.

9. If a political party, regional group of candidates refuses to use paid print space or free print space provided to them for election campaigning, they shall, not later than in five days before publication of the election campaigning material, notify in writing to this effect the editorial board of corresponding print periodical which shall be entitled to use the released print space at its discretion.

10. If, after distribution of paid print space in accordance with Clause 7 or 8 of this Article or as the result of refusal of a political party, regional group of candidates to use the provided print space in accordance with Clause 9 of this Article, some print space remains undistributed, it may be provided on a paid basis to political parties applying for such print space. The remaining print space shall be distributed between the said political parties on equal terms and conditions by means of the draw.

11. Editorial boards of non-state print periodicals which complied with the provisions of Clause 11, Article 57 of this Federal Law shall provide print space to political parties for election campaigning on equal payment terms. These editorial boards may refuse to provide print space for election campaigning. Editorial boards of non-state print periodicals which failed to comply with the provisions of Clause 11, Article 57 of this Federal Law shall not be entitled to provide print space for election campaigning to political parties.

12. The payment document on transfer of the full payment for print space shall be submitted by the authorized representative of a political party for financial issues, the authorized representative of the regional branch of the political party for financial issues to a branch of the Savings Bank of the Russian Federation not later than in two days before provision of the air time. A copy of the payment document stamped by the branch of the Savings Bank of the Russian Federation shall be submitted by the authorized representative of a political party for financial issues, the authorized representative of the regional branch of the political party for financial issues to editorial board of print periodical before provision of print space. No print space shall be provided if this requirement is not met.

13. The branch of the Savings Bank of the Russian Federation shall transfer the payment not later than on the banking day following the day of receipt of the payment document. The period for processing of a non-cash payment shall not exceed two banking days within the territory of the subject of the Russian Federation and five banking days within the territory of the Russian Federation.

14. Election campaigning materials published in accordance with this Article shall not be accompanied by any forms of editorial comment, by headings and illustrations which are not agreed upon with the relevant political party.

15. Editorial boards of print periodicals which publish election campaigning materials shall not give preference to any political party that registered a federal list of candidates by changing the circulation and publication frequency of the print periodicals. This requirement shall not apply to editorial boards of print periodicals founded by political parties or candidates.

16. All election campaigning materials published in print periodicals shall contain information on political party or its regional branch electoral fund of which was used for payment of publication. If election campaigning materials are published free of charge in accordance with Clause 1 of this Article, information on this shall be contained in publication with indication on which political party or the regional group of candidates was provided this opportunity.

(as amended by the Federal Law of July 19, 2009, No.203-FZ)

 

Article 60.Conditions of Election Campaigning by Means of Public Campaigning Events

 

1. State bodies and bodies of local self-government shall assist political parties which registered federal lists of candidates in arranging and conducting public campaigning events.

2. Notifications of organizers of meetings, demonstrations, rallies and picketing shall be submitted and reviewed in the procedure established by the Russian Federation laws.

3. On the basis of the application of a political party that registered a federal list of candidates, premises of which are suitable for holding public campaigning events in the form of meetings and owned by state or municipal formation is provided in accordance with the election legislation of the Russian Federation by the owner, possessor of the premises for the time period established by the election commission of the subject of Russian Federation, or, upon its instruction, by the territorial election commission, for meetings of the representatives of the political party with voters. Election commissions shall ensure equal conditions for holding such events for all political parties that registered federal lists of candidates.

4. If the premises mentioned in Clause 3 of this Article or the premises owned by an organization in which authorized (shareholding) capital the share (contribution) of the Russian Federation, subjects of the Russian Federation and (or) municipal formations exceeds 30 percent as of the day on which the decision to call the election of deputies to the State Duma was published, were provided to one political party, the owner, possessor of the premises shall not refuse to provide the premises to other political parties on the same terms and conditions. In case of provision of premises to political party the owner, possessor of the premises not later that on the day following the day of the premises provision shall notify the election commission of the subject of the Russian Federation of the fact of provision of premises, of conditions of its provision, and of the fact that this premises can be provided to other political parties during election campaigning period.

(as amended by the Federal Law of July 27, 2010, No.222-FZ)

            4.1. Election commission of the subject of the Russian Federation that received a notice of the fact of provision of premises to a political party, shall within two days from the day of receipt of such notice publish the information it contains on the Internet or otherwise notify other political parties to this effect.

(Clause 4.1. introduced by the Federal Law of July 27, 2010, No.222-FZ)

5. Applications for the provision of premises to hold meetings of the representatives of political parties with voters shall be reviewed by the owners, possessors of the premises mentioned in Clauses 3 and 4 of this Article within three days from the day of the submission thereof.

6. For conducting public campaigning events political parties that registered federal lists of candidates may rent premises and facilities owned by citizens and organizations regardless of the form of ownership.

7. No election campaigning shall be allowed in the territory of military units, in military organizations and institutions, save the case where the only building or premises suitable for holding meetings is located in the territory of a military unit or military organization or institution. Such building or premises shall be provided by the commander of the military unit for conducting meetings of the representatives of political parties that registered federal lists of candidates with voters upon the request of the election commission of the subject of the Russian Federation, or, on its instruction, by the territorial election commission. Meetings of the representatives of political parties that registered federal lists of candidates with voters - servicemen shall be arranged by the commander of the military unit together with the relevant election commission; the authorized representatives or attorneys of other political parties that registered federal lists of candidates shall be notified of the time and place of the meeting not later than in three days before the day of the meeting.

8. Security at public campaigning events shall be ensured by the state bodies in accordance with the legislation of the Russian Federation.

 

Article 61.Conditions for Production and Distribution of Printed, Audio-Visual and Other Election Campaigning Materials

 

1. Political parties that registered federal lists of candidates may freely produce and distribute printed, audio-visual and other campaigning materials in accordance with the procedure established by the legislation of the Russian Federation. All election campaigning materials shall be produced in the territory of the Russian Federation.

2. Organizations or individual entrepreneurs providing advertising services shall ensure equal terms and conditions to political parties that registered federal lists of candidates for displaying election campaigning materials.

3. Organizations, individual entrepreneurs performing work (providing services) related to the production of election campaigning materials shall ensure equal payment terms for production of such materials for political parties that registered federal lists of candidates. Information on the rates (in the Russian Federation currency) and other terms of payment for the services of such organizations or individual entrepreneurs connected with the production of printed election campaigning materials shall be published by the relevant organization or individual entrepreneur within 30 days of the day of the official publication of the decision to call the election of deputies of the State Duma and shall be, within the same period, submitted to the Central Election Commission of the Russian Federation or the election commission of the subject of the Russian Federation where this organization or individual entrepreneur is registered. Organizations or individual entrepreneurs who failed to meet these requirements shall not be allowed to perform any work related to production of such materials.

4. All printed, audio-visual and other election campaigning materials shall indicate the name, legal address and taxpayer identification number of the organization (surname, first name and patronymic of the physical entity, name of the subject of Russian Federation, district, city, other population center where the person’s place of residence is located) which produced these materials; name of the organization (surname, first name and patronymic of the physical person) which ordered the materials; number of copies issued; date of publication; statement that the materials are paid for out of corresponding electoral fund.

5. Prior to their distribution printed election campaigning materials or their copies, copies of audio-visual election campaigning materials, photos of other election campaigning materials shall be submitted by a political party that registered a federal list of candidates to the Central Election Commission of the Russian Federation or the election commissions of the subjects of the Russian Federation in the territory of which such materials are to be distributed. The information concerning the location of the organization (residential address of the person) which produced and ordered such materials shall be submitted along with the said materials.

6. Ceased to be in force. – The Federal Law of April 26, 2007, No.64-FZ.

7. Campaigning materials shall not be produced without prepayment made out of corresponding electoral fund or in violation of the requirements set forth in Clauses 4 and 6 of this Article.

8. Distribution of election campaigning materials in violation of the requirements set forth in Clause 5 of this Article and Clause 10, Article 55 of this Federal Law shall be prohibited.

9. Not later than in 30 days before the voting day the bodies of local self-government shall, at the suggestion of the election commission of the subject of the Russian Federation or the territorial election commission, allocate and fit out special places for displaying printed election campaigning materials in the territory of each election precinct. Such places shall be convenient for voters to visit and shall be arranged so that voters can read the displayed information. The authorized representatives of political parties shall be entitled to receive from the territorial election commission a list of the places allocated for displaying such campaigning materials.

10. In cases which are not provided by Clause 9 of this Article printed election campaigning materials may be displayed (posted, placed) inside premises, on buildings, structures or at other sites only with the written consent of their owners, possessors (under a contract with the owners, possessors) of such premises and on the terms and conditions set by them. The said materials may be displayed free of charge at the sites owned by the state, or a municipal formation, or an organization in which authorized (shareholding) capital the stake (contribution) of the Russian Federation, a subject of the Russian Federation or a municipal formation exceeds 30 percent as of the day on which the decision to call the election of deputies to the State Duma was published (on equal terms and conditions for all political parties that registered federal lists of candidates.

11. Election campaigning materials shall not be placed (posted, displayed) on monuments, obelisks, buildings, structures and inside premises which have a historical, cultural or architectural value, on the buildings where election commissions and polling stations are located or at a distance of less than 50 meters from the entrance thereto.

12. Provisions of this Article shall not be applied to election campaigning materials distributed in accordance with Articles 58 and 59 of this Federal Law.

 

Article 62.Restrictions on Election Campaigning

 

1. During election campaign it shall not be allowed to violate any restrictions imposed by Clauses 1 and 1.1, Article 56 of the Federal Law “On Basic Guarantees of the Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.”

(Clause 1 as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. While conducting election campaigning, political parties that nominated federal lists of candidates, candidates, attorneys of political parties, authorized representatives of political parties for financial issues, authorized representatives of regional branches of political parties for financial issues as well as other persons and organizations shall not bribe voters: give voters money, gifts and other things if they are not intended as remuneration for the performance of organizational work (collection of voter signatures, participation in election campaigning); remunerate or promise to remunerate voters, who performed the said organizational work, depending on the voting results; sell goods at reduced prices; distribute any goods other than printed materials (including illustrated materials) and badges specially produced for the election campaign free of charge; render services free of charge or at reduced rates; influence voters by promising money, securities, other material benefits (in particular depending on the voting results) and by rendering services otherwise than on the basis of the decisions of bodies of state power and bodies of local self-government taken in accordance with the Russian Federation laws.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

3. During the election campaign period, it shall not be allowed to organize lotteries or other risk-based games in which prizes or participation in winning prizes depends on the voting results, election outcome or which are otherwise connected with the election of deputies of the State Duma.

4. During the election campaign period the materials containing the surname or picture of a candidate, which advertise the commercial or any other activities unrelated to the election of deputies of the State Duma, and advertisements which contain the name, emblem or other symbols of a political party that nominated a federal list of candidates shall be paid for only out of electoral fund of such political party. No such advertisements, even if paid for out of electoral fund shall be allowed on the voting day and on the day preceding the voting day.

5. Political parties that nominated federal lists of candidates, candidates, attorneys of political parties, authorized representatives of political parties, including representatives for financial issues, authorized representatives of regional branches of political parties for financial issues as well as the organizations registered after the commencement of the election campaign, which are founded, owned, possessed by or have as members of their management bodies (in organizations where the highest managing body is the general meeting – as members of bodies which manage the activity of these organizations) the said persons and (or) political parties shall not carry out any charitable activities during the election campaign. During the election campaign period other individuals and legal entities may not carry out any charitable activities upon the request, on the instructions or on behalf of the said political parties, candidates, their attorneys and authorized representatives and shall not conduct election campaigning simultaneously with charitable activities. The said political parties, candidates, their attorneys and authorized representatives shall be prohibited from asking other physical and legal entities to render material or financial assistance or services to voters.

5.1. Campaigning materials shall not contain commercial advertising.

(Clause 5.1 introduced by the Federal Law of April 26, 2007, No.64-FZ)

5.2. Political parties that nominated a federal list of candidates shall not use the air time, provided to them on the channels of TV broadcasting organizations for presenting their campaigning materials, for the following purposes:

1) to call for voting against any federal list of candidates (federal lists of candidates);

2) to describe possible negative consequences in case a certain federal list of candidates is admitted to distribution of deputy seats (certain federal list of candidates receives deputy seats), certain candidate (candidates) included in the federal list of candidates is (are) elected;

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

3) to disseminate information with a clear emphasis on some political party that nominated a federal list of candidates or on a candidate (candidates) included in a federal list of candidates, accompanied by negative comments;

4) to disseminate information facilitating formation of a negative attitude of voters towards any political party that nominated a federal list of candidates or any candidate (candidates) included in a federal list of candidates;

(Clause 5.2 was introduced by the Federal Law of April 26, 2007, No.64-FZ)

6. If mass media organizations publish (make public) campaigning or informational materials (including such materials containing true information) which may damage the honor, dignity or business reputation of a candidate or the business reputation of any political party that nominated a federal list of candidates, these organizations shall provide the candidate or the political party with a possibility to publish (make public), free of charge, a denial or some other explanation in defense of their honor, dignity or business reputation before the end of the campaigning period. In order to make public the said denial or some other explanation the candidate, political party shall be provided with air time at the same time of the day at which the initial information was aired; the amount of such air time shall not be less than the amount of the air time allocated for airing the initial information, and, in any case, it shall not be less than two minutes. When the denial or some other explanation is to be published, its text shall be printed in the same font, placed in the same part of the page and the amount of print space allocated to it shall not be less than the amount of print space allocated to the text refuted by the denial. The failure to provide a candidate, a political party with a possibility to publish (make public) the denial or some other explanation before the end of the campaigning period may serve as a ground for bringing the mass media organizations, their officials and other persons to responsibility in compliance with the legislation of the Russian Federation. The requirements set forth in this Clause shall not be applied to presentation of campaigning materials by political parties when they use free and paid air time, free and paid print space in accordance with this Federal Law.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

7. Election commissions shall exercise control over the compliance with the procedures established for election campaigning and take measures to eliminate their violations. If false printed, audio-visual and other election campaigning materials are disseminated or if election campaigning materials are disseminated in violation of the requirements set forth in Clauses 4 - 8, 10 and 11, Article 61 of this Federal Law, or if any TV and radio broadcasting organization or any print periodical editorial board fails to comply with the election campaigning procedures established by this Federal Law, the corresponding election commission shall be obliged to apply to the law enforcement bodies, a court of law, the body of executive power charged with the performance of control and supervision functions in the sphere of mass communications and ask them to stop unlawful campaigning activities, seize unlawful election campaigning materials and bring the TV and radio broadcasting organization or the print periodical editorial board, their officials and other persons to responsibility in accordance with the legislation of the Russian Federation.

8. The law enforcement and other bodies shall be obliged to take measures to stop unlawful campaigning activities, prevent production of false and unlawful election campaigning materials and seize such materials. They shall identify the producers of the said materials and the source from which they are paid for and promptly inform the corresponding election commission on the facts established and measures taken.

Chapter 9.FUNDING OF THE ELECTION OF DEPUTIES  OF THE STATE DUMA. ELECTORAL FUNDS

Article 63.Funding of Preparation and Conduct of the Election of Deputies of the State Duma

 

1. The expenditure related to preparation and conduct of the election of deputies of the State Duma, to activities of election commissions during the period of their powers, to use and operation of the automation facilities, to legal education of voters and training of election officials shall be paid from the funds allocated for these purposes from the federal budget. The allocations to meet this expenditure shall be included in the federal budget in accordance with the budget classification of the Russian Federation and shall be transferred to the election commissions, the federal bodies of executive power in charge of diplomatic and consular missions of the Russian Federation, the military units (for the election precincts formed in accordance with Clauses 5 and 6, Article 13 of this Federal Law) - to the accounts opened by them at the institutions of the Central Bank of the Russian Federation or, in the absence of such institutions, at the branches of the Savings Bank of the Russian Federation. The chief manager of such allocations shall be the Central Election Commission of the Russian Federation.

2. The funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma shall be placed at the disposal of the Central Election Commission of the Russian Federation in accordance with the approved budget schedule for the distribution of the expenditure of the federal budget, but not later than in ten days after the official publication of the decision to call the election of deputies of the State Duma.

3. Not later than in 50 days before the voting day the Central Election Commission of the Russian Federation shall distribute the funds, which it received from the federal budget for preparation and conduct of the election of deputies of the State Duma, between the election commissions of the subjects of the Russian Federation, which shall distribute the received funds between the territorial election commissions not later than in 30 days before the voting day. The funds for preparation and conduct of the elections in election precincts formed in accordance with Clauses 5 and 6, Article 13 of this Federal Law shall be distributed by the Central Election Commission of the Russian Federation between the state bodies in charge of the registration and account of voters in these election precincts and also between the territorial election commissions formed in accordance with Clauses 2 and 3, Article 20 of this Federal Law not later than in 30 days before the voting day. In the event of early elections and also if funding for preparation and conduct of the elections is not provided in due time or in full the aforementioned election commissions shall distribute the funds as they become available.

4. In the event of early elections to the State Duma the amount of funds allocated from the federal budget for preparation and conduct of such elections shall not be less than the sum contained in the report of the Central Election Commission of the Russian Federation on the expenditure of funds for preparation and conduct of the previous election of deputies of the State Duma preceding these elections (with account of changes in the minimum monthly salary established by the Federal Law for regulation of labor remuneration).

5. The chairmen of election commissions shall manage the funds allocated for preparation and conduct of the election of deputies of the State Duma and shall be responsible for proper compliance of financial documents with the decisions taken by the election commissions on financial issues and shall also ensure that the reports on the expenditure of these funds are submitted in accordance with the procedure and at the time established by this Federal Law.

6. Not later than in 60 days after a report on the expenditure of the funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma and the information on the sums received to and expended from the electoral funds are submitted to the Chambers of the Federal Assembly of the Russian Federation, the rest of these funds that were not spent shall be transferred to the federal budget and shall be used for the purposes established by the budget legislation of the Russian Federation.

 

Article 64.Electoral Funds

 

1. The political party that nominated a federal list of candidates shall be obliged to establish its own electoral fund to finance its election campaign. The regional branch of such political party, registered in the subject of the Russian Federation in accordance with the Federal Law, may form its electoral fund subject to the decision of the leading body of the political party, authorized to take such decisions by the party statutes, if the federal list of candidates nominated by this political party contains a regional group of candidates corresponding to the given subject of the Russian Federation (including a subject of the Russian Federation comprised in a group of subjects of the Russian Federation) or a regional group of candidates (regional groups of candidates) which corresponds (correspond) to a part (parts) of the territory of this subject of the Russian Federation. The candidates included in a federal list of candidates shall not form their own electoral funds.

2. Electoral funds of political parties may be formed only from the following sources:

1) own resources of the political party in an amount not exceeding 50 percent of the maximum limit of all expenditure out of the electoral fund of a political party established in accordance with this Federal Law.

2) voluntary donations of citizens and legal entities. Total amount of voluntary donations from each citizen, each legal entity shall not exceed, respectively, 0.07 percent and 3.5 percent of the maximum limit of all expenditure out of the electoral fund of a political party established in accordance with this Federal Law.

3. The maximum limit of all expenditure out of the electoral fund of a political party shall not exceed 700 million rubles. This sum does not include the expenditure out of the electoral funds of the regional branches of the political party.

(as amended by the Federal Law of December 23, 2010, No.384-FZ)

4. Electoral funds of regional branches of political parties may be formed only from the following sources:

1) own resources of the political party (excluding the resources of its electoral fund) in an amount not exceeding 50 percent of the maximum limit of all expenditure out of the electoral fund of a regional branch of a political party established in accordance with this Federal Law.

2) voluntary donations of citizens and legal entities. Total amount of voluntary donations from each citizen, each legal entity shall not exceed, respectively, 5 percent and 50 percent of the maximum limit of all expenditures from the electoral fund of a regional branch of a political party established in accordance with this Federal Law.

5. The maximum limit of all expenditure out of the electoral fund of a regional branch of a political party shall not exceed:

1) 15 million rubles if not more than 100 thousand voters are registered in the territory of the subject of the Russian Federation to which the regional group of candidates corresponds;

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

2) 20 million rubles if more than 100 thousand but not more than 500 thousand voters are registered in the territory of the subject of the Russian Federation to which the regional group of candidates corresponds;

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

3) 25 million rubles if more than 500 thousand but not more than 1 million voters are registered in the territory of the subject of the Russian Federation to which the regional group of candidates corresponds;

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

4) 35 million rubles if more than 1 million but not more than 2 million voters are registered in the territory of the subject of the Russian Federation to which the regional group of candidates corresponds or in all parts of its territory to which regional groups of candidates correspond;

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

5) 55 million rubles if more than 2 million voters are registered in the territory of the subject of the Russian Federation to which the regional group of candidates corresponds or in all parts of its territory to which regional groups of candidates correspond.

(as amended by the Federal Law of April 26, 2007, No.64-FZ, of December 12, 2010, No.384-FZ)

6. If the regional groups of candidates of a federal list of candidates correspond to parts of the territory of the subject of the Russian Federation which do not comprise all parts of the territory of the subject of the Russian Federation determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law, the maximum limit of all expenditure out of the electoral fund of such regional branch of the political party shall not exceed:

1) the product of the number of the parts of the territory of the subject of the Russian Federation, determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law and included in the part (parts) of the territory of the subject of the Russian Federation to which the regional group (regional groups) of the federal list of candidates corresponds (correspond) in this subject of the Russian Federation, and the number obtained by dividing 35 million rubles by the number of the parts of the territory of this subject of the Russian Federation determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law, if more than 1 million but not more than 2 million voters are registered in the territory of this subject of the Russian Federation;

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

2) the product of the number of the parts of the territory of the subject of the Russian Federation, determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law and included in the part (parts) of the territory of the subject of the Russian Federation to which the regional group (regional groups) of the federal list of candidates corresponds (correspond) in this subject of the Russian Federation, and the number obtained by dividing 55 million rubles by the number of the parts of the territory of the subject of the Russian Federation determined in accordance with Clauses 13 and 14, Article 36 of this Federal Law, if more than 2 million voters are registered in the territory of this subject of the Russian Federation.

(as amended by the Federal Law of December 12, 2010, No.384-FZ)

6.1. If a regional group of candidates (regional groups of candidates) of a federal list of candidates is (are) removed from the federal list of candidates but at least one regional group of candidates corresponding to a part of the territory of the subject of the Russian Federation remains in the federal list of candidates, the maximum limit of all expenditure out of the electoral fund of the given regional branch of the political party, determined in accordance with Clauses 5 and 6 of this Article, shall not be reduced.

(Clause 6 introduced by the Federal Law of April 26, 2007, No.64-FZ)

7. No donations to the electoral funds shall be allowed from:

1) foreign states;

2) foreign organizations;

3) foreign nationals;

4) stateless persons;

5) citizens of the Russian Federation who have not attained to the age of 18 years as of the voting day;

6) Russian legal entities with foreign participation if the foreign stake (contribution) in (to) their authorized shareholding) capital exceeds 30 percent as of the day of the official publication of the decision to call the election of deputies of the State Duma (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

(as amended by the Federal Law of December 30, 2006, No.274-FZ)

7) international organizations and international public movements;

8) bodies of state power, other state bodies, bodies of local self-government;

9) state and municipal institutions, state and municipal unitary enterprises;

10) legal entities with an authorized (shareholding) capital in which the stake (contribution) of the Russian Federation, subjects of the Russian Federation and (or) municipal formations exceeds 30 percent as of the day of the official publication of the decision to call the election of deputies of the State Duma (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

(as amended by Federal Law of December 30, 2006, No.274-FZ)

11) organizations established by state bodies and (or) bodies of local self-government (with the exception of joint-stock companies established by way of privatization); organizations, established by the legal entities mentioned in Paragraphs 6 and 10 of this Clause; organizations with an authorized (shareholding) capital in which the stake (contribution) of the legal entities mentioned in Paragraphs 6 and 10 of this Clause exceeds 30 percent as of the day of the official publication of the decision to call the election of deputies of the State Duma (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

(as amended by Federal Law of December 30, 2006, No.274-FZ)

12) military units, military institutions and organizations and law enforcement bodies;

13) charitable and religious organizations and organizations established by them;

14) anonymous donators. "Anonymous donator" means a citizen who has not indicated or indicated incorrectly any of the following data in the donation payment document: surname, first name and patronymic, residential address; a legal entity which has not indicated or indicated incorrectly any of the following data in the donation payment document: taxpayer's identification number, corporate name, bank details;

15) legal entities registered less than a year before the voting day;

16) non-profit organizations if, during a year preceding the day of the donation to an electoral fund, they received sums of money or other property from:

a) foreign states and bodies, organizations or physical entities mentioned in Paragraphs 2 – 5, 7 – 9, 12 – 15 of this Clause;

b) Russian legal entities with foreign participation, if the stake (contribution) of the foreign participation in their authorized (shareholding) capital exceeded 30 percent as of the day on which these sums or other property was received (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

c) legal entities with an authorized (shareholding) capital in which the stake (contribution) of the Russian Federation, subjects of the Russian Federation and (or) municipal formations exceeded 30 percent as of the day on which these sums or other property was received (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

d) organizations established by state bodies and/or bodies of local self-government (with the exception of joint-stock companies established by way of privatization);

e) organizations established by the legal entities mentioned in sub-paragraphs “b” and “c” of this Paragraph;

f) organizations with an authorized (shareholding) capital in which the stake (contribution) of the legal entities mentioned in sub-paragraphs “b” and “c” of this Paragraph exceeded 30 percent as of the day on which these sums or other property was received (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year);

(Clause 16 introduced by the Federal Law of December 30, 2006, No.274-FZ)

7.1. The non-profit organizations mentioned in Paragraph 16, Clause 7 of this Article shall not be allowed to make donations to the electoral fund only if the sums of money or other property received by these non-profit organizations were not returned by them to the foreign states, bodies, organizations or physical entities mentioned in sub-paragraphs “a” – “f,” Paragraph 16, Clause 7 of this Article, which gave them these sums of money or other property or if these sums of money or this property was not transferred to the budget of the Russian Federation before the day of the donation to the electoral fund because it was impossible to return them).

(Clause 7.1 introduced by the Federal Laws of December 30, 2006, No.274-FZ; as amended by the Federal Law of April 26, 2007, No.64-FZ)

8. The right to manage the resources of the electoral fund of a political party shall be exercised by the political party that formed the fund. The right to manage the resources of the electoral fund of a regional branch of a political party shall be exercised by the regional branch of the political party that formed the fund in coordination with the duly authorized leading body of the political party.

9. The resources of the electoral funds of political parties shall be used only for the purposes for which such electoral funds are formed, namely:

1) funding of organizational-technical arrangements for collection of voters’ signatures;

2) election campaigning and payment for informational and consultative services;

3) payment for other kinds of work (services) performed (rendered) by citizens and legal entities and payment of other expenses directly related to the conduct of the election campaign by the political party;

4) ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.

10. The resources of electoral funds of regional branches of political parties shall be used only for the purposes for which such electoral funds are formed, namely:

1) election campaigning, with the exception of payment of expenses related to the provision of paid air time on the channels of the national TV and radio broadcasting organizations and paid space in the national print periodicals and payment for informational and consultative services;

2) payment for other kinds of work (services) performed (rendered) by citizens and legal entities and payment of other expenses directly related to the conduct of the election campaign by the political party.

11. The political party that nominated a federal list of candidates and the regional branches of such political party shall make payments in respect of the organizational and technical measures for collection of voters’ signatures, the conduct of election campaigning, the performance of other activities aimed at the achievement of a definite result in the election of deputies of the State Duma only out of the sums (including the political party own financial resources) which were contributed to the electoral funds of the political party and its regional branches in accordance with the procedure established by this Federal Law.

12. The political party that nominated a federal list of candidates may use, without making any payments out of its electoral fund, the movable and immovable property (with the exception of securities, printed materials and consumables) which it had at its disposal as of the day of the official publication of the decision to call the election of deputies of the State Duma.

13. In the conduct of the election campaign the political party and its regional branch may use only those sums of money which were transferred by the contributors to the electoral accounts of their electoral funds before the voting day, in accordance with the procedure established by this Federal Law.

14. In the event of additional nomination of federal lists of candidates under the circumstances mentioned in Clause 11, Article 44 and Clause 5, Article 49 of this Federal Law the maximum limit of all expenditure out of the electoral fund of the political party that previously registered a federal list of candidates and from the electoral fund of the regional branch of this political party shall be increased by 1.5 times.

 

Article 65.Special Electoral Accounts

 

1. The political party which nominated a federal list of candidates shall open a special electoral account for the formation of its electoral fund after it receives a copy of the federal list of candidates certified by the Central Election Commission of the Russian Federation.

2. Given the permission of the leading body of the political party duly authorized by the statutes of the party the regional branch of the political party may open a special electoral account for the formation of its electoral fund in the subject of the Russian Federation in which it is registered in accordance with the Clause 1, Article 64  of  this  Federal Law. It may do so upon presentation to the election commission of the subject of the Russian Federation of the list of candidates certified by the Central Election Commission of the Russian Federation.

 

3. At the branch of the Savings Bank of the Russian Federation, designated for the political party by the Central Election Commission of the Russian Federation, a special electoral account shall be opened for the regional branch of the political party by the election commission of the subject of the Russian Federation. The political party, its regional branch may each open only one special electoral account.

4. Immediately upon presentation of the documents required by, and executed in accordance with this Federal Law the branch of the Savings Bank of the Russian Federation shall, without delay, open a special electoral account for the political party, its regional branch. The bank shall not charge any fee for opening and servicing a special electoral account and no interest is accrued and paid for the use of the funds kept therein. All sums deposited on a special electoral account shall be in the Russian Federation currency.

5. The political party shall open a special electoral account on the basis of a document, issued by the Central Election Commission of the Russian Federation, within three days of certification of its federal list of candidates and the registration of the authorized representatives of the political party for financial issues. The regional branch of the political party shall open a special electoral account on the basis of a document issued by the election commission of the subject of the Russian Federation, within three days of presentation to the election commission of the subject of the Russian Federation of a copy of the certified federal list of candidates, a copy of the certified list of the authorized representatives of the regional branch of the political party for financial issues and the registration of these authorized representatives.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

6. All financial operations through a special electoral account, other than the return of unspent sums to the electoral fund and crediting to this account of sums paid before the voting day shall be discontinued on the voting day. If the political party failed to submit to the Central Election Commission of the Russian Federation the documents required for the registration of its federal list of candidates in accordance with the procedure established by this Federal Law or if registration of this federal list of candidates was refused or if the political party recalled its federal list of candidates and also if the registration of this federal list of candidates was cancelled or annulled, all financial operations through the special electoral account shall be discontinued by the branch of the Savings Bank of the Russian Federation on the instruction of the Central Election Commission of the Russian Federation.

7. Save as otherwise provided by Clause 6 of this Article all financial operations through the special electoral account of the regional branch of a political party shall be discontinued if the relevant regional group of candidates (or all regional groups of candidates if several such groups correspond to the subject of the Russian Federation) is (are) removed from the federal list of candidates. Financial operations shall be discontinued by the branch of the Savings Bank of the Russian Federation on the instruction of the election commission of the subject of the Russian Federation.

8. Withdrawal of funds from the special electoral account of the regional branch of the political party may be suspended (discontinued) on the instruction of the election commission of the subject of the Russian Federation based on a decision of the leading body of the political party authorized to take such decisions by the congress of the political party.

9. Based on an application of the political party or its regional branch the Central Election Commission of the Russian Federation or the election commission of the subject of the Russian Federation, respectively, may extend the period for the performance of financial operations involving payments for the work, services and goods (performed, acquired) before the date on which financial operations through the relevant special electoral account are to be discontinued (suspended).

10. The special electoral account shall be closed by the political party, its regional branch before the day on which they submit a final financial report.

11. The procedure for opening, maintaining and closing special electoral accounts shall be established by the Central Election Commission of the Russian Federation in coordination with the Central Bank of the Russian Federation.

 

Article 66. Ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ

 

Article 67.Voluntary Donations to Electoral Fund

 

1. Voluntary donations of a citizen of the Russian Federation to an electoral fund shall be paid through a post office or credit institution by the citizen himself, out of his own funds, upon presentation of the passport or an equivalent identity document. In the payment order the citizen making a donation shall indicate the following information about himself: surname, first name and patronymic, date of birth, residential address, series and number of the passport or an equivalent identity document, citizenship.

2. Voluntary donations of legal entities to an electoral fund shall be made by means of non-cash transfers to a special electoral account. In the payment order the legal entity making a donation shall indicate the following information about itself: taxpayers identification number, corporate name, date of the registration, bank details, note about the absence of the restrictions imposed by Clause 7, Article 64 of this Federal Law.

3. Voluntary donations to an electoral fund shall be transferred (credited) to a special electoral account by post offices and credit institutions not later than the next banking day after receipt of the payment order. The time for processing a non-cash payment shall not exceed two banking days within a subject of the Russian Federation and five banking days within the Russian Federation.

4. The political party that nominated a federal list of candidates, its regional branch may return any donation, with the exception of anonymous ones, to donators. If a voluntary donation was made to an electoral fund from citizens or legal entities with no right to make such donations or if it was made in violation of the provisions of Clauses 1 and 2 of this Article or in an amount exceeding the maximum limit established by Article 64 of this Federal Law, the political party, its regional branch shall, within 10 days of receipt of the donation to the special electoral account, return it to the donator fully or in an amount exceeding the maximum limit of donations (less postal charges), indicating the reasons for the return. The political party, its regional branch shall not be held responsible for acceptance of donations from donators that provided wrong information required under Clause 1 or 2 of this Article, if the political party, its regional branch were not informed of the impropriety of these donations in due time.

5. Anonymous donations made to an electoral fund shall be transferred to the federal budget within 10 days of their receipt to a special electoral account.

6. Citizens and legal entities may render financial assistance to the political party only through electoral funds. No paid work shall be performed, goods sold, paid services rendered if they are directly or indirectly related to, and used for, achieving a definite result in the election of deputies of the State Duma, without a written consent of the authorized representatives of the political party for financial issues, the authorized representative of the regional branch of the political party for financial issues and without proper payment being made out of the relevant electoral fund. Settlements between the political party, its regional branch and the legal entity for such work (services), such goods shall be made only by means of non-cash transfers.

7. Legal entities, their branches, representative offices and other divisions shall not, free of charge or at unreasonably low (high) rates, perform any work, sell goods, render any services directly or indirectly related to, and used for, achieving a definite result in the election of deputies of the State Duma. Material support intended for achieving a definite election result may be provided for the political party only if such support is paid for out of the relevant electoral fund.

8. A citizen may, free of charge, voluntarily perform work (render services) for the political party, its regional branch in the course of an election campaign without involvement of third persons.

 

Article 68. Electoral Fund Reporting. Publication of Information on Consolidated Financial Reports of Political Parties

 

1. Political party that nominated a federal list of candidates and its regional branch that formed electoral funds, shall keep accounting records for the sums received to and spent from their electoral funds. The procedure and forms of the accounting to be maintained and reports to be filed by the political party, its regional branch in respect of the sums received to and spent out of the electoral funds shall be approved by the Central Election Commission of the Russian Federation.

2. The political party shall file the following financial reports with the Central Election Commission of the Russian Federation:

1) the first financial report - when the documents required for the registration of a federal list of candidates are submitted as prescribed by this Federal Law. The report shall be drawn up as of the date not more than five days before the date when the report is submitted;

2) the final financial report - not later than in 30 days after the day of the official publication of the results of the election of deputies of the State Duma. The final financial report shall be filed together with the primary financial documents confirming sums received to and spent out of the special electoral account of the political party, the information on the account balance and (or) the closure of the account, the materials mentioned in Clause 5, Article 61 of this Federal Law or the copies thereof.

3. The regional branch of the political party that formed an electoral fund shall file the final financial report with the election commission of the subject of the Russian Federation not later than in 30 days after the day of the official publication of the results of the election of deputies of the State Duma. The final report shall be filed together with the primary financial documents confirming sums received to and spent out of the special electoral account of the regional branch of the political party, the information about the account balance and (or) the closure of the account, the materials mentioned in Clause 5, Article 61 of this Federal Law or the copies thereof.

4. The list of primary financial documents to be attached to the final financial report of the political party, its regional branch shall be determined by the Central Election Commission of the Russian Federation.

5. The obligation to file the financial report of the political party, its regional branch shall be imposed on, respectively, the authorized representative of the political party for financial issues, the authorized representative of the regional branch of the political party for financial issues.

6. The respective election commissions shall provide the copies of the financial reports mentioned in Clauses 2 and 3 of this Article to the mass media and shall publish them on the Internet within five days of their receipt. The national state print periodicals, the regional state print periodicals shall publish the financial reports, received from, respectively, the Central Election Commission of the Russian Federation, the election commissions of the subjects of the Russian Federation, within three days of their receipt.

7. At least once a week or, less than in ten days before the voting day, at least once every three banking days, the branches of the Savings Bank of the Russian Federation shall provide to the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation the information concerning the sums received to and spent out of the special electoral accounts according to the forms established by the Central Election Commission of the Russian Federation. For this purpose GAS “Vybory” can be used.

8. Periodically, but at least once every two weeks before the voting day, the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation shall provide the information on sums received to and spent out of the special electoral accounts to the mass media for the publication of this information. The Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation shall disclose the information supplied by the branches of the Savings Bank of the Russian Federation on the sums received to and spent out of the special electoral accounts to, respectively, the authorized representatives of the political party for financial issues, the authorized representatives of the regional branch of the political party for financial issues and to the mass media upon their official requests. Upon the request of the Central Election Commission of the Russian Federation and the election commission of the subject of the Russian Federation (and, with regard to the respective electoral fund, also upon the request of the authorized representative of the political party for financial issues, the authorized representative of the regional branch of the political party for financial issues) the branches of the Savings Bank of the Russian Federation shall, within three days or, three days before the voting day - immediately, provide certified copies of primary financial documents confirming sums received to and spent out of the special electoral accounts.

9. Ceased to be in force. – The Federal Law of July 19, 2009, No.196-FZ.

.

10. The national state print periodicals and the regional state print periodicals shall publish the information provided to them by, respectively, the Central Election Commission of the Russian Federation, the election commissions of the subjects of the Russian Federation on the sums received to and spent out of the special electoral accounts as well as the information from the consolidated financial reports of the political parties that registered federal lists of candidates, for four accounting years preceding the election of deputies of the State Duma or, if the political party was registered less than four years before the year of the election, for the period which commences from the year of the registration of the political party and ends in the year preceding the election year. The following information shall be subject to mandatory publication:

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

1) information on financial operations which involve expenditure of money from the electoral fund (the resources of a political party) in an amount exceeding 800 thousand rubles for a political party and 100 thousand rubles for its regional branch;

2) information on the legal entities that contributed voluntary donations to the electoral fund (to the account of a political party) in the amount exceeding 400 thousand rubles for a political party and 50 thousand rubles for its regional branch;

3) information on the number of citizens who contributed voluntary donations to the electoral fund (to the account of a political party) in the amount exceeding 40 thousand rubles for a political party and 20 thousand rubles for its regional branch;

4) information on the sums returned to donators from the electoral fund (from the account of a political party) and the reasons for the return;

5) information on the total amount of money received to the electoral fund (to the account of a political party) and the total amount of money spent out of it.

11. Within five days of receipt of a request from the relevant election commission the bodies in charge or the registration of citizens of the Russian Federation at the place of their stay and residence within the Russian Federation, bodies of executive power in charge of the state registration of legal entities or authorized to register non-profit organizations shall, free of charge, verify the information provided by citizens and legal entities when they were making voluntary donations to electoral funds and shall inform the given election commission on the results of such verification. This information shall be submitted according to the forms established by the Central Election Commission of the Russian Federation. In this case, GAS “Vybory” may be used. If the Central Election Commission of the Russian Federation, the election commissions of the subjects of the Russian Federation receive information on voluntary donations made in violation of the requirements of Clause 7, Article 64 of this Federal Law, this information shall be promptly made known by the Central Election Commission of the Russian Federation, the election commissions of the subjects of the Russian Federation to the political parties concerned and to their regional branches.

(as amended by the Federal Law of December 30, 2006, No.274-FZ)

 

Article 69.Return of Money by Political Parties, Their Regional Branches

 

1. After the voting day, prior to filing the final financial report, the political party that registered a federal list of candidates, its regional branch shall return unspent sums remaining on their special electoral account to citizens and (or) legal entities that made voluntary donations or transfers to their respective electoral funds, in proportion to the contributed amounts (less postal charges).

(as amended by the Federal law of February 9, 2009, No.3-FZ)

2. After the expiry of 60 days from the voting day, the branches of the Savings Bank of the Russian Federation shall, on the written instruction of the Central Election Commission of the Russian Federation or the relevant election commission of the subject of the Russian Federation, transfer the sums remaining in special electoral accounts to the federal budget.

3. Ceased to be in force from August 1, 2009. – The Federal Law of July 19, 2009, No.203-FZ.

4. Obligations of the political parties set forth in Clause 1 of this Article shall arise from the day of the official publication of the results of the election of deputies of the State Duma.

(Clause 4 as amended by the Federal Law of July 19, 2009, No.203-FZ)

5-13. Ceased to be in force from August 1, 2009. – The Federal Law of July 19, 2009, No.203-FZ.

 

Article 70.Funding of Election Commissions

 

1. The funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma, financial support of the activity of the election commissions, use and operation of automation facilities, legal education of voters and training of election officials shall be used by the election commissions at their discretion for the purposes defined by this Federal Law.

2. The allocations from the federal budget shall be used to finance the expenditure of the election commissions related to:

1) additional labor remuneration for voting members and the administrations of election commissions, payment of the compensation to voting members of election commissions relieved from their main job for the period of preparation and conduct of the election of deputies of the State Duma and payments to citizens who work in election commissions under civil-law contracts and to specialists assigned to the supervisory-auditing services of election commissions;

2) production of printed materials and publishing activity;

3) purchase, delivery and installation of the equipment (including technological equipment), other tangible assets required for preparation and conduct of the election of deputies of the State Duma and the activity of election commissions;

4) payment of travel expenses, including expenses on the organization of voting in hard-to-reach and remote areas;

5) delivery and safe storage of electoral documents, their preparation for the transfer to archives and their disposal;

6) business trips and other purposes connected with preparation and conduct of the election of deputies of the State Duma and the activity of election commissions.

7) use and operation of automation facilities, legal education of voters and training of election officials.

3. Additional remuneration may be paid to voting members of an election commission for the service in the election commission during the period of preparation and conduct of the election of deputies of State Duma. A voting member of an election commission relieved from his main job for this period upon the request of the election commission shall retain his main job (position) and shall be paid compensation for the period during which he was relieved from the main job. The compensation and additional labor remuneration shall be paid from and within the limits of the funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma, in the amount and according to the procedure established by the Central Election Commission of the Russian Federation.

4. Labor remuneration of voting members of an election commission working on a permanent (staff) basis and of members of administration of an election commission shall be paid within the limits of funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma, in the amount and according to the procedure established by the Central Election Commission of the Russian Federation.

5. Not later than in 10 days after the voting day, the precinct election commission shall submit to the territorial election commission a report on the receipt and expenditure of federal budget funds allocated to the given precinct election commission for preparation and conduct of the election of deputies of the State Duma. Not later than in 20 days after the voting day, the territorial election commission shall submit to the election commission of the subject of the Russian Federation a report on the receipt and expenditure of federal budget funds allocated to the given territorial election commission for preparation and conduct of the election of deputies of the State Duma.

6. Not later than in 50 days after the day of the official publication of the results of the election of deputies of the State Duma, the election commission of the subject of the Russian Federation shall submit to the Central Election Commission of the Russian Federation a report on the receipt and expenditure of federal budget funds allocated to the election commission of the subject of the Russian Federation for preparation and conduct of the election of deputies of the State Duma and, if the regional branches of political parties formed electoral funds, also the information on the sums received to and spent out of these funds.

7. Not later than in three months after the day of the official publication of the results of the election of deputies of the State Duma, the Central Election Commission of the Russian Federation shall submit to the Chambers of the Federal Assembly of the Russian Federation a report on the expenditure of federal budget funds allocated for preparation and conduct of the election of deputies of the State Duma and the information on the sums received to and spent out of the electoral funds. This report and this information shall be published by the Central Election Commission of the Russian Federation in its official bulletin and shall be made available to the other mass media for publication within one month of their submission to the Chambers of the Federal Assembly of the Russian Federation.

 

Article 71.Supervisory-Auditing Services of Election Commissions

 

1. Supervisory-auditing services shall be organized under the Central Election Commission of the Russian Federation and the election commissions of the subjects of the Russian Federation to exercise control over the proper use of the funds allocated from the federal budget for preparation and conduct of the election of deputies of the State Duma; monitor the sources of contributions to the electoral funds; make arrangements for keeping records of the resources of these funds and their use; audit the financial reports of the political parties that nominated federal lists of candidates, and their regional branches that formed electoral funds; make arrangements for verifying the information presented by candidates on their income and property and the sources of this income.

2. The supervisory-auditing service shall be formed with the involvement of specialists (including executives) of state bodies, other bodies and organizations, including the Central Bank of the Russian Federation, the Savings Bank of the Russian Federation, the regional branches (national banks) of the Central Bank of the Russian Federation in the subjects of the Russian Federation. Upon the request of the relevant election commission these bodies shall, not later than in a month after the day of the official publication of the decision to call the election of deputies of the State Duma, assign specialists to the election commissions for a period of not less than five months.

3. For the period of their work in the supervisory-auditing service the specialists mentioned in Clause 2 of this Article shall be relieved from their main job but shall keep this job (position) and continue to receive the salary and other allowances at the place of their main employment. These specialists may also be paid remuneration from the funds allocated from the state budget for preparation and conduct of the election of deputies of the State Duma.

4. The regulation on the supervisory-auditing service shall be approved by the relevant election commission. The organizational, legal and logistical support of the supervisory-auditing service shall be provided by the election commission.

5. During the conduct of the election of deputies of the State Duma the supervisory-auditing service, acting upon the request of the election commission, shall:

1) audit financial reports of the political parties, their regional branches that formed electoral funds, subordinate election commissions;

2) organize verification of the information submitted by candidates on their property, income and its sources, monetary deposits, securities, including shares of stock, and other forms of participation of candidates in the capital of commercial organizations, the property located outside the territory of the Russian Federation, including such property under trust management;

3) monitor compliance of the political parties, their regional branches with the procedure of funding election campaigning and other activities directly related to the elections;

4) request and receive information from political parties, their regional branches and also from election commissions concerning all matters within the scope of its competence;

5) make applications to the federal bodies of executive power, other state bodies, organizations of all forms of ownership and to citizens on the issues within the scope of its competence; request the necessary information and documents related to the financial support of the elections. Responses to the applications of the supervisory-auditing service and the requested documents shall be provided within ten days or, in five and less days before the voting day and on the voting day - immediately;

6) prepare documents recording violations of election funding;

7) request the relevant election commission to administer the political parties, their regional branches as well as citizens and legal entities for violations of funding the election campaign;

8) engage experts in auditing and in preparation of auditors’ reports and expert assessments.

6. When exercising its powers the supervisory-auditing service may use GAS “Vybory”.

Chapter 10. VOTING

           Article 72. Polling Station

 

           1. The polling station shall be provided to precinct election commission at no charge by the head of the local administration of the municipal formation and, in cases provided by this Federal Law, by the commander of a military unit, ship captain, head of a polar station, head of a diplomatic or consular mission of the Russian Federation.

           2. The polling station shall have a hall with booths or other places specially fitted out for secret voting, provided with a lighting system and writing utensils (other than pencils).

           3. Inside or directly in front of the polling station the precinct election commission shall set up a bulletin board (bulletin boards) for displaying the following information about all federal lists of candidates and the political parties that nominated them:

           1) the name of the political party;

           2) ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ;

           3) information from the financial reports of political parties and information on the results of these reports auditing, within the scope established by the Central Election Commission of the Russian Federation;

(Clause 3 as amended by the Federal Law of April 26, 2007, No.64-FZ)

          4) biographical data of registered candidates included in the all-federal parts of federal lists of candidates and in the regional groups of candidates, in the scope established by the Central Election Commission of the Russian Federation but not less detailed than the data established for the publication of registered federal lists of candidates;

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

          5) information on the income and property of registered candidates included in the all-federal parts of federal lists of candidates and in the regional groups of candidates, in the scope established by the Central Election Commission of the Russian Federation;

         6) information, if any, on the inaccuracy of the data presented by candidates in accordance with Clause 4, Article 38 of this Federal Law.

         4. If a registered candidate has a record of conviction that has not been withdrawn or spent, this fact shall be indicated in the information materials posted on the bulletin board;

         5. Withdrawn. - The Federal Law of July 25, 2006, No.128-FZ.

         6. The bulletin board shall display samples of marked ballots which must not contain names of registered candidates put in the ballot, names of political parties that nominated federal lists of candidates.

         7. In the information materials the information on the political parties and registered candidates put in the ballot shall be arranged in the same order as was determined when the form and the text of the ballot were approved.

         8. The bulletin board shall display excerpts from the criminal legislation of the Russian Federation and Russian Federation laws on administrative offence establishing responsibility for the violation of the election legislation of the Russian Federation.

         9. The materials posted on the bulletin board shall be free from any election campaigning. These materials shall be posted so that voters could easily read them.

9.1. In order to inform visually impaired citizens, bulletin boards shall provide materials indicated in Clauses 3, 4 and 8 of this Article in large fonts and (or) with the use of Braille alphabet. Election precincts that shall have bulletin boards with such materials are determined by the decision of the election commission of the Russian Federation.

(Clause 9.1. introduced by the Federal Law of June 14, 2011, No.143-FZ)

10. At the polling station there shall be federal lists of candidates registered by the Central Election Commission of the Russian Federation.

11. An enlarged form of the protocol of voting results of the precinct election commission shall be provided at the polling station to record voting results in the course of their establishments. The enlarged form of the protocol shall be posted before the commencement of voting so that it is within the field of vision of members of the precinct election commission, observers, at a distance at which they can read the information contained therein. The enlarged form of the protocol shall not substitute the protocol of voting results of the precinct election commission and the data entered therein shall have no legal significance.

12. Inside the polling station there shall be stationary ballot boxes. The functions of stationary ballot boxes may be performed by vote-counting machines, including program-technical complexes for the processing of ballots. Voting may also be conducted by the use of e-voting systems. Vote-counting machines, e-voting systems shall be used in accordance with the procedure established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum," as prescribed by the instructions approved by the Central Election Commission of the Russian Federation.

13. The polling station shall be fitted out so that the places where ballots are handed out, the ballot booths, other places specially fitted out for secret voting and stationary ballot boxes are all located within the field of vision of members of the precinct election commission and observers.

 

Article 73. Ballot

 

1. The rules for the production and delivery of ballots and the rules for controlling their production and delivery shall be approved by the Central Election Commission of the Russian Federation not later than in 45 days before the voting day. The quantity of ballots shall not exceed the number of registered voters by more than 1.5 percent

2. To prevent forgery of ballots they shall be printed on paper with water marks or paper with printed micro-inscriptions and protective grid, or a special mark (stamp) shall be used for this purpose. The rules for the production and use of special marks (stamps), their quantity and the requirements to the delivery of the special marks (stamps) from superior to subordinate election commissions shall be approved by the Central Election Commission of the Russian Federation not later than in 60 days before the voting day.

2.1. In order to help visually impaired voters, by the decision of corresponding election commission special stencils shall be made for independent filling in of ballots including with the use of Braille alphabet. Election precincts that have such stencils prepared are determined by the decisions of election commission of the subject of the Russian Federation.

(Clause 2.1. introduced by the Federal Law of June 14, 2011, No.143-FZ)

3. The form of the ballot and its text in the Russian language shall be approved by the Central Election Commission of the Russian Federation not later than in 24 days before the voting day. The text of the ballot shall be printed on only one side thereof.

4. The ballot shall contain the names of the political parties that registered federal lists of candidates, arranged in the order determined by the draw, and their emblems (if the emblems were submitted to the Central Election Commission of the Russian Federation in accordance with Clause 3, Article 34 of this Federal Law) printed in black and white. The draw shall be organized by the Central Election Commission of the Russian Federation with participation of authorized representatives of political parties not later than in 30 days before the voting day. The number drawn by the political party shall be retained by it until the end of the election campaign. Placed under the name of the political party shall be surname, first name and patronymic of candidates included in the all-federal part of a federal list of candidates nominated by this political party. If a regional group of candidates corresponds to one subject of the Russian Federation, including a subject comprised in a group of subjects of the Russian Federation, or to a part of its territory, a ballot for this subject of the Russian Federation, this part of its territory shall, after the aforementioned information, indicate the number of the regional group of candidates and the information as to what subject of the Russian Federation, what group of the subjects of the Russian Federation (with the indication of the list of the subjects of the Russian Federation), what part of the territory of the subject of the Russian Federation or what group of parts of the territory of the subject of the Russian Federation (with the indication of the list of the parts of the territory of the subject of the Russian Federation) the given regional group of candidates corresponds to as well as the surname, first name and patronymic of the top three candidates included in this regional group of candidates. If a federal list of candidates has no all-federal part, under the name of the political party the ballot shall indicate the number of the regional group of candidates and the information as to what subject of the Russian Federation, what group of the subjects of the Russian Federation (with the indication of the list of the subjects of the Russian Federation), what part of the territory of the subject of the Russian Federation or what group of parts of the territory of the subject of the Russian Federation (with the indication of the list of the parts of the territory of the subject of the Russian Federation) the given regional group of candidates corresponds to as well as the surname, first name and patronymic of the top three candidates included in this regional group of candidates. If the political party adopts a decision mentioned in Clause 9.1, Article 36 of this Federal Law, under the name of the political party the ballot for voting outside the territory of the Russian Federation shall indicate the surname, first name and patronymic of the candidates included in the all-federal part of a federal list of candidates nominated by the given political party (if such part is present), the number of the regional group of candidates and the information as to what subject of the Russian Federation, what group of subjects of the Russian Federation (with the indication of the list of the subjects of the Russian Federation), what part of the territory of the subject of the Russian Federation or what group of parts of the territory of the subject of the Russian Federation (with the indication of the list of the parts of the territory of the subject of the Russian Federation) the given regional group of candidates corresponds to as well as the surname, first name and patronymic of the top three candidates included in this regional group of candidates.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ, of July 21, 2007, No.188-FZ)

5. A blank box shall be placed to the right of the name of each political party.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

6. If a registered candidate whose surname, first name and patronymic is indicated in the ballot has a record of conviction that has not been withdrawn or spent, the ballot shall indicate the information on the candidate's record of conviction. This information shall be indicated on the basis of the appropriate documents submitted to the Central Election Commission of the Russian Federation before approval of the text of the ballot.

(Clause 6 as amended by the Federal Law of July 25, 2006, No.128-FZ)

7. The ballot shall contain filling instructions.

8. Ballots shall be printed in Russian language. By a decision of the election commission of the subject of the Russian Federation ballots shall be also printed in the official language of the given republic comprised in the Russian Federation and, in the necessary cases, in the languages of the peoples of the Russian Federation in the territories on their compact settlement. If ballots for the election precinct are printed in two or more languages, the text in all these languages shall be printed on each ballot. In this case the text of the ballot shall be approved by the election commission of the subject of the Russian Federation not later than in 22 days before the voting day.

9. The quantity of ballots shall be determined by a decision of the Central Election Commission of the Russian Federation not later than in 24 days before the voting day. Ballots shall be produced in two stages:

1) to provide for early voting, voting in election precincts formed in hard-to-reach and remote areas and voting in election precincts formed outside the territory of the Russian Federation - not later than in 20 days before the voting day. To provide for early voting and voting in election precincts formed in hard-to-reach and remote areas ballots shall be produced by a decision of the election commissions of the relevant subjects of the Russian Federation in a quantity determined by them within the quantity of ballots determined for the given subjects of the Russian Federation by a decision of the Central Election Commission of the Russian Federation; ballots for voting in election precincts formed outside the territory of the Russian Federation shall be produced by a decision of the Central Election Commission of the Russian Federation in the quantity determined by it ;

2) to provide for voting on the voting day - not later than in 10 days before the voting day by a decision of the election commissions of the subjects of the Russian Federation, in a quantity determined by a decision of the Central Election Commission of the Russian Federation for the subjects of the Russian Federation minus the quantity of ballots produced earlier for early voting, voting in election precincts formed in hard-to-reach and remote areas.

10. The ballots produced by a printing organization shall be handed over, on the basis of a certificate, to the members of an election commission that placed an order for their production. The certificate shall indicate the date and time when it was executed and the quantity of the ballots transferred. After the ballots packed in bundles are handed over in the quantity corresponding to the order, the personnel of the printing organization shall destroy surplus ballots (if any) and shall execute a certificate to this effect. At least two days before the receipt of the ballots from the printing organization the election commission that placed the order for their production shall decide when and where ballots are to be handed over to the members of this election commission and surplus ballots are to be destroyed. Any member of this election commission, any representative of the political party may put their signatures on the certificates mentioned in this Clause.

11. The delivery of ballots to the territorial election commission shall be carried out within the time determined by the Central Election Commission of the Russian Federation. In accordance with their decision on the distribution of ballots among territorial election commissions superior election commissions shall deliver to territorial election commissions the entire circulation of ballots which they receive from the printing organization.

12. On the basis of the decision of the territorial election commission on the distribution of ballots precinct election commission shall receive ballots from the territorial election commission not later than in one day before the voting day (day of early voting). For each election precinct the quantity of ballots shall not exceed by more than 0.5 percent (but by not less than two ballots) the number of voters registered in the given election precinct and shall not be less than 70 percent of the number of voters included in the voters’ list for the given election precinct as of the day of the delivery of ballots. For an election precinct where a large number of voters are expected to vote on the basis of absentee certificates the quantity of ballots may be increased by the decision of the election commission of the subject of the Russian Federation. When being delivered to precinct election commissions ballots shall be counted and defective ballots shall be discarded. Discarded ballots (if any) shall be destroyed by the members of the territorial election commission and a certificate shall be executed to this effect.

13. A certificate shall be executed in duplicate to confirm the delivery of ballots from superior to subordinate election commission. This certificate shall indicate the date and time of its execution, the quantity of the delivered ballots. The delivery of ballots from superior to subordinate election commission may be witnessed by members of these election commissions, representatives of political parties whose names are put in the ballot. The relevant election commission shall notify all members of this election commission and representatives of these political parties of the time and place when and where the ballots are to be delivered and shall allow not less than one representative of each political party to witness such delivery. Each of the aforementioned persons may sign the certificate to be executed to confirm the delivery.

14. The responsibility for the delivery and safe storage of ballots shall be imposed on the chairmen of election commissions which deliver, accept and keep the ballots.

15. Precinct election commissions formed outside the territory of the Russian Federation or territorial election commissions formed in accordance with Clause 3, Article 20 of this Federal Law may be supplied with ballots directly by an election commission that placed an order for ballots, in accordance with a procedure established by the Central Election Commission of the Russian Federation, in a quantity determined on the basis of the registration data of voters, referendum participants.

16. In exceptional cases, in election precincts formed in remote and hard-to-reach areas, on ships at sea on the voting day, at polar stations, in election precincts formed outside the territory of the Russian Federation the documents used in preparation and conduct of the election of deputies of the State Duma, including ballots, may be produced by the precinct election commission itself if appropriate technical facilities are available. A decision to produce such documents, indicating the required quantity of ballots and the deadline for their production, shall be taken by this precinct election commission in coordination with the relevant territorial election commission or the Central Election Commission of the Russian Federation.

17. Signatures of two voting members of the precinct election commission certified by the commission's seal shall be put at the upper right corner on the face of all ballots received by the precinct election commission. The ballots which are not certified in this manner shall be treated as ballots of improper form and shall not be reckoned in when votes are counted.

18. In the event that any registered candidates, whose surname, first name and patronymic are indicated in the ballot, withdraw from the election or if the registration of any federal list of candidates is cancelled or annulled after ballots have been produced, territorial and precinct election commissions shall, on the instruction of the Central Election Commission of the Russian Federation, cross out in the ballots the data of these candidates, political parties that nominated these federal lists of candidates. If changes are to be made in the data of the political party in printed ballots, then, subject to a decision of the Central Election Commission of the Russian Federation, such changes may be made by members of the territorial or precinct election commission by hand or with the use of technical facilities.

19. Should a federal list of candidates be registered less than in 10 days before the voting day, the Central Election Commission of the Russian Federation may resolve that the data of the political party that registered this federal list of candidates, the data of regional groups of candidates, registered candidates, which is required under this article, be entered in printed ballots by hand or with the use of technical facilities.

20. On the voting day, after the voting time ends, the territorial election commission shall count and cancel unused ballots and shall execute a certificate to this effect. The persons indicated in Clause 5, Article 29 of this Federal Law may be present when ballots are being cancelled. Cancelled ballots shall be sealed and kept together with the other documents of this election commission by the secretary of the election commission.

 

Article 74. Absentee Certificate

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

 

1. An absentee certificate shall be a document subject to strict accountability. An absentee certificate is produced in accordance with Annex 2 to the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. The text of absentee certificate and their quantity, the form of the register of issued absentee certificates shall be approved not later than in 60 days before the voting day by the Central Election Commission of the Russian Federation that also determines the means of protection of absentee certificates from being counterfeited when produced.

2. In order to protect absentee certificates from being counterfeited when produced a special paper with water marks and (or) micro prints and (or) protective grid and (or) special protection elements shall be used.

3. The Central Election Commission of the Russian Federation places an order to produce absentee certificates by its decision.

4. Transfer of absentee certificates by superior election commission to subordinate election commissions is carried out by the decision of superior election commission on distribution of absentee certificates between subordinate election commissions and in the procedure determined for delivery of absentee certificates. Chairmen of election commissions in charge of delivery, receipt and storage of absentee certificates are responsible for transfer and safety storage of absentee certificates.

5. A voter unable, on the voting day, to come to the polling station of an election precinct where he is included in the voters’ list may receive an absentee certificate from the respective territorial election commission (in 45 - 25 days before the voting day) or the precinct commission (in 19 and less days before the voting day) and take part in the voting at the election precinct where he will be staying on the voting day.

6. Based on a written application of a voter indicating the reasons why the voter needs an absentee certificate the election commission shall issue an absentee certificate either to the voter personally or to his representative provided with a notarized power of attorney. A power of attorney may also be certified by the administration of a hospital (if a voter is undergoing medical treatment at this hospital), by the administration of an institution where persons suspected or accused of commission of a crime are held in custody (if a voter is held in this institution as a person suspected or accused of commission of a crime).

7. The chairman, deputy chairman, secretary or other voting member of the election commission in charge of issuing of an absentee certificate in to a voter shall enter the surname, name and patronymic of the voter, series and number of his passport or equivalent identity document of a citizen, number of election precinct where the voter is included into voter’s list, address of precinct election commission, name of municipal formation and the subject of the Russian Federation in the territory of which such election precinct is formed, name of election commission that issued an absentee certificate, and also state his last name, name and patronymic, date of issue of absentee certificate, sign and put the seal of the corresponding election commission.

8.  The territorial election commission shall issue absentee certificates to voters or to his representative on the basis of the information on voters submitted to the territorial election commission in accordance with Clause 8, Article 15 of this Federal Law. The territorial election commission shall keep a register of issued absentee certificates indicating the surname, first name and patronymic of the voter, year of birth (for voters 18 years old - also the day and month of birth), residential address. Chairman, deputy chairman, secretary or other voting member of territorial election commission that issued an absentee certificate to a voter, in appropriate boxes of the register of absentee certificates handed in, states the number of handed in absentee certificate and signs it.

9. In twenty days before the voting day, together with the first copy of the voter list the territorial election commission shall provide precinct election commissions with certified excerpts from the register of issued absentee certificates, indicating the data on voters registered in the territory of these election precincts, who received absentee certificates. Based on such excerpts precinct election commissions shall make appropriate notes in “Special notes” section of the voters’ list: “Received in territorial election commission an absentee certificate No.” with indicating the number of issued absentee certificate and sign it.

10. When a voter receives an absentee certificate in precinct election commission, a chairman, deputy chairman, secretary or other voting member of precinct election commission who issued an absentee certificate, shall make appropriate notes in “Special notes” section of the voters’ list: “Received an absentee certificate No.” with indicating the number of issued absentee certificate and sign it.

11. When a voter receives an absentee certificate, he shall indicate in appropriate sections of the register of issued absentee certificates (in territorial election commission) or voters’ list (in precinct election commission) the series and number of his passport or equivalent identity document of a citizen, and sign it. If an absentee certificate is issued on the basis of the power of attorney to voter’s representative, such representative shall indicate in appropriate sections of the register of issued absentee certificates or in voters’ list the series and number of passport of a voter or equivalent identity document of a citizen, as well as such representative’s surname, name and patronymic, series and number of passport or equivalent identity document of a citizen, and sign it. Upon receipt of an absentee certificate such power of attorney shall be suppressed and attached respectively to the register of issued absentee certificated or voters’ list.

12. A voter who received an absentee certificate (including through his representative on the basis of the power of attorney) shall be removed from the voters’ list by precinct election commission at corresponding election precinct in given election of deputies of the State Duma and shall not be accounted during counting of number of registered voters and preparation of a protocol on voting results by precinct election commission.

13. Repeated issue of absentee certificate is not allowed. In case an absentee certificate is lost, its copy shall not be issued.

14.  Upon presentation of an absentee certificate on the voting day a voter is included in voters’ list at the election precinct in the territory of which he stays on the voting day. Precinct election commission shall make an appropriate note in “Special note” section: “Voted by absentee certificate No.” with indicating the number of absentee certificate presented by voter. After that an absentee certificate is suppressed. Absentee certificates on the basis of which voters are included in voters’ list are kept together with the given voters’ list.

15. In case of lost of absentee certificate blank election commission that established the fact of such loss shall immediately file a corresponding act and take a decision with indicating the number of lost blank of absentee certificate, the fact of loss and the reason of loss. This decision shall on the same day be communicated to superior election commission and the Central Election Commission of the Russian Federation. On the basis of this decision the Central Election Commission of the Russian Federation recognizes this absentee certificate invalid and informs all subordinate election commissions to this effect. Invalid absentee certificate shall not constitute the reason for inclusion of voter into a voters’ list. Upon presentation of such absentee certificate by a voter, it shall be suppressed.

16. On the voting day before the voting commences, unused absentee certificates shall be cancelled. Information on cancellation of unused absentee certificates with indication of their quantity and numbers shall be entered by corresponding commission into an act in the form established by the Central Election Commission of the Russian Federation.

17. Transfer of absentee certificates by election commissions and account of absentee certificates including with the use of GAS “Vybory” is carried out in the manner established by the Central Election Commission of the Russian Federation in accordance with Clause 16, Article 62 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”.

 

 

Article 75. Voting Procedure

 

1. Voting shall be conducted from 8:00 to 20:00, local time. If the working hours of voters residing in the territory of an election precinct coincide with the voting time (enterprises with a continuous operating cycle, work on a rotational basis), the election commission of the subject of the Russian Federation may put forward the commencement of voting in this election precinct, but by no more than two hours.

2. Territorial and precinct election commissions shall inform voters on the time and place of voting not later than in 20 days before the voting day through the mass media or by other methods and, when early voting is to be conducted in accordance with Article 76 of this Federal Law, not later than in five days before the day of early voting.

3. In election precincts, formed in military units, in hard-to-reach and remote areas, on ships at sea on the voting day, at polar stations the precinct election commission may declare voting to be completed ahead of the time specified in Clause 1 of this Article if all voters on the voters’ list have voted.

4. On the voting day, before commencement of voting, the chairman of the precinct election commission shall declare the polling station open and shall invite the members of the precinct election commission, voters and persons indicated in Clause 5, Article 29 of this Federal Law, who are present at the polling station, to examine empty stationary and mobile ballot boxes. Then the ballot boxes shall be sealed by the seal of the precinct election commission. The chairman of the precinct election commission shall also show to the said persons sealed mobile ballot boxes containing ballots marked in accordance with Clauses 2-9, Article 76 of this Federal Law by early voters (if any).

5. Voting members of the precinct election commission shall receive ballots from the chairman of the precinct election commission for issuance to voters and shall sign for their receipt. After that the chairman of the precinct election commission shall invite voters to start voting.

6. Ballots shall be issued to voters included in the voters’ list upon production of the passport or an equivalent identity document and also an absentee certificate, if a voter votes on the basis of an absentee certificate. Each voter may receive one ballot. Before issuing a ballot to a voter a member of the precinct election commission shall make sure that the voter has not voted early, no written or oral application of the voter for voting outside the polling station has been recorded in the register mentioned in Clause 2, Article 77 of this Federal Law, no members of the election commission have been sent to the voter to conduct voting outside the polling station.

7. When receiving a ballot, the voter shall write the series and number of his passport or an equivalent identity document in the voters’ list. With the consent or upon the request of the voter this data may be written in the voter list by a voting member of the precinct election commission. Subject to an appropriate decision of the Central Election Commission of the Russian Federation the series and number of the passport or an equivalent identity document may be entered in the voters’ list with the use of GAS “Vybory” during preparation of the voters’ list. In this case, the voting member of the precinct election commission who issues a ballot shall compare such data with the data of the document produced by the voter. The voter shall check the correctness of the entry and shall sign for receipt of a ballot. The member of the election commission who issued a ballot shall also put his signature in the corresponding column of the voters’ list. If a voter votes on the basis of an absentee certificate, a corresponding note shall be made in the voters’ list.

8. A voter shall vote by putting any mark in the box corresponding to the federal list of candidates chosen by the voter.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

9. Each voter shall vote in person. Voting for other voters shall not be allowed. Ballots shall be marked in a booth or some other place specially fitted out for secret voting, where the presence of other persons shall not be allowed, save as otherwise provided by Clause 10 of this Article.

10. A voter who is not able to sign for receipt of a ballot or mark the ballot by himself or participate in electronic voting may be assisted by another person who is not a member of the election commission, a registered candidate, an attorney or an authorized representative of the political party, including an authorized representative for financial matters, an authorized representative of the regional branch of the political party for financial issues, an observer, a foreign (international) observer. Such voter shall orally inform the election commission on his intention to ask another person to assist him. In this case, surname, first name and patronymic, series and number of the passport or an equivalent identity document of the person assisting such voter shall be entered in the appropriate column (columns) of the voters’ list.

(as amended by the Federal Laws of April 26, 2007, No.64-FZ, of June 14, 2011, No.143-FZ)

11. If a voter thinks that he has made a mistake when marking the ballot, he may ask the voting member of the precinct election commission who issued the ballot to give him a new ballot in place of the spoilt one. The election commission member shall issue a new ballot to the voter, note this fact in the voters’ list against the name of this voter and sign the note. On the spoilt ballot the voting member of the precinct election commission shall make a relevant note and shall sign the note. This note shall also be signed by the secretary of the precinct election commission, after which the ballot shall be immediately cancelled.

12. The voter shall drop the marked ballot into a sealed stationary ballot box.

13. The chairman of the precinct election commission shall maintain order at the polling station. Instructions of the chairman of the precinct election commission issued within the scope of his competence shall be mandatory for all persons present at the polling station. In the absence of the chairman of the precinct election commission his functions shall be performed by the deputy chairman of the precinct election commission, and, in the absence of the deputy chairman, by the secretary or some other voting member of the given precinct election commission authorized thereby.

14. Persons indicated in Clause 5, Article 29 of this Federal Law may be present at the polling station during the voting, when votes are being counted and when the precinct election commission is preparing the protocol of voting results. Based on the credentials of these persons the precinct election commission shall make up a list of persons who observed the progress of voting and vote counting.

15. A member of the precinct election commission shall be immediately barred from participation in its work and an observer and other persons shall be removed from the polling station if they commit a violation of the election legislation of the Russian Federation. In such cases an appropriate reasoned decision shall be taken by the precinct election commission or the superior election commission. The law enforcement authorities shall enforce the decision and take steps to penalize the barred member of the precinct election commission, removed observer and other persons under the legislation of the Russian Federation.

16. Political parties that registered federal lists of candidates, candidates, attorneys and authorized representatives of political parties as well as the organizations, which are founded, owned, possessed by members of managing bodies of these organizations, other physical and legal entities acting upon the request or on the instructions of the said persons and organizations shall not make any arrangements for transportation of voters to polling stations.

 

Article 76. Early Voting

 

1. The election commissions of the subjects of the Russian Federation may allow all voters in one of or several election precincts in remote and hard-to-reach and remote areas, on ships at sea on the voting day, at polar stations to vote early (but not earlier than in 15 days before the voting day). The Central Election Commission of the Russian Federation may allow all voters in one of or several election precincts formed outside the territory of the Russian Federation to vote early (but not earlier than in 15 days before voting day). In this case, early voting shall be conducted in accordance with the procedure established by Article 75 of this Federal Law. Immediately after the end of early voting votes cast by voters shall be counted and voting results shall be established in accordance with the requirements set forth in Article 79 of this Federal Law.

2. If separate groups of voters included in the voters’ list of the election precinct remain at places which are far away from the polling station and are inaccessible or hard to reach by any means of transport (in hard-to-reach and remote areas, at polar stations and other similar locations) and, therefore, early voting cannot be conducted in the whole election precinct in accordance with Clause 1 of this Article, the election commission of the subject of the Russian Federation may allow these groups of voters to vote early (but not earlier than in 15 days before the voting day) in the course of several days, in accordance with the procedure established by Clauses 3 - 9 of this Article. The Central Election Commission of the Russian Federation may allow groups of voters residing outside the territory of the Russian Federation to vote early (but not earlier than in 15 days before the voting day) in the course of several days, in accordance with the procedure established by Clauses 3-9 of this Article.

3. Early voting mentioned in Clause 2 of this Article shall be conducted with the use of mobile ballot boxes, the quantity of such boxes being determined by the relevant precinct election commission. Before early voting starts, in the premises of the precinct election commission empty mobile ballot boxes shall be shown to the majority of the members of the precinct election commission and to the persons mentioned in Clause 5, Article 29 of this Federal Law, and an appropriate certificate shall be executed to record this fact. After that, empty mobile ballot boxes shall be sealed (seals shall be affixed to the ballot boxes).

4. Two voting members of the precinct election commission shall put their signatures at the upper right corner on the face of each ballot issued to an early voter and their signatures shall be certified by the seal of the precinct election commission.

5. Early voting outside the polling station shall be conducted by not less than two voting members of the precinct election commission. They shall be provided with a mobile ballot box sealed beforehand in the precinct election commission; the required number of ballots of a standard form; an excerpt from the voters’ list containing the data on voters whom they are going to visit to conduct early voting, or the voters’ list; the necessary writing utensils (except pencils) for voters to mark ballots.

6. An early voter shall sign for each ballot issued to him in the excerpt from the voters’ list or in the voters’ list. Members of the precinct election commission who conduct early voting shall make a note in the said excerpt or said voters’ list to indicate that the voter voted early and shall indicate the date and time of voting. If a voter puts his signature in the excerpt from the voters’ list, these notes as well as the series and number of the passport or an equivalent identity document shall be entered in the voters’ list after the end of early voting. The said excerpt from the voters’ list shall be kept together with the voters’ list.

7. A voter shall mark the ballot and drop it into a mobile ballot box as provided by Article 75 of this Federal Law.

8. A certificate shall be executed to record the fact of early voting, indicating the day and time of voting, the number of voters who received ballots for participation in early voting, the names of the election commission members and other persons present at the voting. This certificate shall be kept together with the mobile ballot box.

9. After the end of early voting the slots for ballots in mobile ballot boxes shall be sealed by the chairman of the precinct election commission. Arrangements for safe storage of mobile ballot boxes shall be made by the secretary of the precinct election commission. Mobile ballot boxes shall not be opened till the beginning of vote counting at the election precinct. Mobile ballot boxes containing ballots dropped there by early voters shall not be used for voting on the voting day.

10. Early voting may be witnessed by persons mentioned in Clause 5, Article 29 of this Federal Law. When early voting is to be conducted with the use of mobile ballot boxes, the precinct election commission shall make the same arrangements for at least two persons from among non-voting members of the election commission, observers appointed by different political parties to go to the place where early voting is to be conducted as those made for the voting members of the precinct election commission who are to conduct early voting.

11. Early voting shall be conducted only at the time established by the decision of the relevant precinct election commission. This time shall be made known to voters and persons mentioned in Clause 5, Article 29 of this Federal Law through the mass media or by other methods.

12. When conducting early voting the precinct election commission shall ensure the secrecy of voting, prevent any possibility of the expression of the voters' will being distorted, make arrangements for safe storage of ballots and ensure that the votes of voters are accounted during the establishment of voting results.

 

Article 77. Voting Outside Polling Station

 

1. The precinct election commission shall make proper arrangements to enable voters to vote if they are entitled to be, or are included in the voters’ list in the given election precinct but are unable to come to the polling station for valid reasons (poor health, physical disability). The precinct election commission shall also make voting arrangements for voters who are included in the voters’ list of the given election precinct but are kept in places of confinement of persons suspected or accused of commission of crimes.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

2. Save as otherwise provided by Article 76 of this Federal Law, voting outside the polling station shall be conducted only on the voting day on the basis of a written or oral application of a voter (which may be relayed through other persons) for voting outside the polling station. Such application may be made by a voter at any time after the formation of the precinct election commission but not later than in four hours before the end of the voting time. The precinct election commission shall record all received applications in a special register and, after the end of voting, shall keep this register together with the voters’ list. Application (oral application) that was submitted later than at set time may not be granted, and a voter or a person assisted in submission of application shall be notified orally of this directly at the moment of receipt of application (oral application).

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

3. An entry in the register mentioned in Clause 2 of this Article recording an oral application shall indicate the time when the application was received; surname, first name and patronymic of the voter who stated his intention to vote outside the polling station; residential address of the voter. The entry shall be signed by a member of the precinct election commission who received the application (telephone call, message, etc.). If such application was relayed by another person, the register shall also indicate surname, first name and patronymic of this person and his residential address. When members of the precinct election commission come to the voter, the voter shall confirm his oral application by a written application.

4. A written or oral application of a voter for voting outside the polling station must state the reason why the voter is unable to come to the polling station. The application shall contain his surname, first name and patronymic of the voter and his residential address. The precinct election commission may, at its meeting, decide that the reason why a voter is unable to come to the polling station unaided is untenable and, on this basis, refuse to allow the voter to vote outside the polling station. The election commission shall immediately inform the voter of its decision to refuse such voting.

5. Chairman of precinct election commission shall announce that members of precinct election commission will conduct voting outside the polling station but not later than in 30 minutes before they leave to start such voting, and offer voting members of precinct election commission and observers to present at such voting.

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

6. The precinct election commission shall have the necessary number of mobile ballot boxes to conduct voting in accordance with this Article. The number of such boxes shall be determined by a decision of the precinct election commission. Maximum quantity of mobile ballot boxes for voting outside the polling station at one election precinct depending on the number of voters registered in the territory of election precinct amounts to:

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

1) less than 501 voters – 1 mobile ballot box;

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

2) from 501 to 1001 voters – 2 mobile ballot boxes;

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

3) over 1000 voters – 3 mobile ballot boxes.

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

6.1. By the decision of territorial election commission, the quantity of mobile ballot boxes for voting outside the polling station stated in paragraphs 1 and 2, Clause 6 of this Article may be increased but by no more than 1 mobile ballot box in presence of any of the following conditions:

1) election precinct includes territories of several settlements and settlement where polling station is located is outside walking distance to other settlements during the voting period;

2) absence of election precinct in the territory of election precinct where voters stay temporarily;

3) over 50 voters over 80 years old and (or) disabled voters are registered in the territory of election precinct, data on which are submitted in accordance with Clause 16.1, Article 20 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”;

4) when the voting day in the election of deputies of the State Duma coincides with the voting day in the election of deputies of legislative (representative) state power body of the subject of the Russian Federation and (or) body of local self-government, a voter may vote simultaneously using two ballots.

(clause 6.1. introduced by the Federal Law of July 25, 2011, No.262-FZ)

7. Voting members of the precinct election commission who conduct voting outside the polling station shall receive ballots and sign for their receipt in the register of ballots issued for voting outside the polling station. Total number of received ballots may not exceed by more than 5 percent the number of applications (oral applications) received by the moment of such voting (not less than two ballots). Voting outside the polling station shall be conducted by not less than two voting members of the precinct election commission, who shall bring with them a mobile ballot box sealed beforehand in the precinct election commission; the required number of ballots of the standard form; the register mentioned in Clause 2 of this Article or a certified excerpt from the register containing the necessary data on the voters and the information on the received written and oral applications of voters for voting outside the polling station; the written applications for voting outside the polling station; the necessary writing utensils (except pencils) for voters to mark the ballots. Voting outside the polling station may be conducted by one voting member of the precinct election commission, provided that not less than two persons mentioned in Clause 12 of this Article are present at the voting.

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

8. Voting outside the polling station shall be conducted in accordance with the provisions of Article 75 of this Federal Law.

9. On the written application for voting outside the polling station a voter shall write the series and number of his passport or an equivalent identity document and shall sign for receipt of the ballot. With the consent or upon the request of the voter this data may be written on the application by a voting member of the precinct election commission. Voting members of the precinct election commission shall confirm the issuance of a ballot by putting their signatures on the written application of the voter. A corresponding note shall be made on the application when a new ballot is issued in place of a spoilt one.

9.1. If a voter due to his disability or health condition cannot independently sign for receipt of a ballot or fill in a ballot, he may use the assistance of other voter in the manner prescribed by Clause 10, Article 75 of this Federal Law.

(Clause 9.1. introduced by the Federal Law of June 14, 2011, No.143-FZ)

10. The voting members of the precinct election commission who conduct voting outside the polling station may issue ballots only to those voters whose written or oral applications were recorded in the register as provided by Clause 2 of this Article.

11. The series and number of the passport or an equivalent identity document of a voter who voted outside the polling station shall be entered in the voters’ list by the voting members of the precinct election commission who conducted voting outside the polling station, on the basis of written or oral applications of voters. At the same time, the note "Voted outside the polling station," signed by the aforementioned commission members, shall be written in the appropriate section of the voters’ list.

12. When voting is conducted outside the polling station, non-voting members of the election commission, observers may be present at the voting. In this case, the precinct election commission shall make the same arrangements for at least two persons from among non-voting members of the election commission, observers appointed by different political parties to go to the place where the voting is to be conducted as those made for the voting members of the precinct election commission who are to conduct voting outside the polling station. Voting outside the polling station shall be organized so as to prevent any violations of electoral rights of citizens and distortion of the expression of voters’ will.

13. If a voter who made a written or oral application for voting outside the polling station comes to the polling station to vote after voting members of the precinct election commission were sent to him to conduct voting outside the polling station, none of the members of the precinct election commission may issue a ballot to this voter at the polling station until the members of the precinct election commission who were sent to conduct voting outside the polling station in response to a written or oral application of this voter come back and it has been established that the voter has not voted outside the polling station.

14. After the end of voting conducted with the use of each mobile ballot box the precinct election commission shall execute a certificate to record the number of ballots issued to voting members of the precinct election commission who conducted voting outside the polling station; the number of written and oral applications of voters for voting outside the polling station; the number of ballots issued to voters and returned ballots (ballots which were not used or were spoilt by voters); the information on the voting members of the precinct election commission who conducted voting outside the polling station and about non-voting members of the precinct election commission and observers who were present at the voting conducted outside the polling station.

Chapter 11. VOTE COUNTING. ESTABLISHMENT OF VOTING RESULTS AND ELECTION RESULTS OF THE ELECTION OF DEPUTIES OF THE STATE DUMA

 

Article 78. Protocol of Voting Results of Precinct Election Commission

 

1. The precinct election shall deliver its decision on voting results in the form of a protocol of voting results for the given election precinct.

2. The protocol of voting results of the precinct election commission shall be drawn up on one sheet. In exceptional cases the protocol may consist of more sheets than one and each sheet of such protocol shall be numbered, signed by all present voting members of the precinct election commission and sealed with the commission's seal. The protocol of voting results of the precinct election commission shall contain the following:

1) copy No.;

2) name of the election, date of voting;

3) word "Protocol";

4) address of the polling station and the number of the election precinct;

5) the following lines of the protocol:

a) line 1: number of voters entered in the voters’ list as of the end of voting;

b) line 2: number of ballots received by the precinct election commission;

c) line 3: number of ballots issued to early voters;

d) line 4: number of ballots issued by the precinct election commission to voters at the polling station on the voting day;

e) line 5: number of ballots issued to voters who voted outside the polling station on the voting day;

f) line 6: number of canceled ballots;

g) line 7: number of ballots in the mobile ballot boxes;

h) line 8: number of ballots in the stationary ballot boxes;

i) line 9: number of invalid ballots;

j) line 10: number of valid ballots;

k) line 11: number of absentee certificates received by the precinct election commission;

l) line 12: number of absentee certificates issued by the precinct election commission at the polling station before the voting day;

m) line 13: number of voters who voted at election precinct on the basis of absentee certificates;

n) line 14: number of cancelled unused absentee certificates;

o) line 15: number of absentee certificates issued to voters by the territorial election commission;

p) line 16: number of lost absentee certificates;

q) line 17: number of lost ballots;

r) line 18: number of ballots unaccounted when received;

s) line 19 and the lines which follow it which are used to enter the names of the political parties that registered federal lists of candidates in the sequence of their placement in the ballot and the number of votes cast for each federal list of candidates;

(Clause 5 as amended by the Federal Law of October 4, 2010, No.262-FZ)

6) information on the number of complaints (applications) attached to the protocol, which were received by the precinct election commission on the voting day and before the end of vote counting;

7) surnames and initials of the chairman, the deputy chairman, the secretary and the other voting members of the election commission and their signatures (if the protocol consists of more than one sheet – on each sheet of the protocol);

8) date and time (hour and minutes) when the protocol was signed (if the protocol consists of more than one sheet – on each sheet of the protocol);

9) seal of precinct election commission (if the protocol consists of more than one sheet – on each sheet of the protocol).

3. The numbers mentioned in Clause 2 of this Article shall be entered by the precinct election commission in digits and words.

 

Article 79. Counting of Votes and Preparation of Protocol of Voting results by Precinct Election Commission

 

1. Vote counting shall be open and transparent, with all results of the counting of ballots and votes carried out by the voting members of the precinct election commission being consecutively announced and entered in the enlarged form of the protocol of voting results. The persons mentioned in Clause 5, Article 29 of this Federal Law shall be allowed to be present at and observe vote counting.

2. After the voting time expires, the chairman of the precinct election commission shall announce that only those voters who are already inside the polling station may receive ballots and vote. Counting of votes cast by voters shall begin immediately after the voting time expires and shall be continued without interruption until the voting results are established. The said voting results shall be made known to all members of the precinct election commission and to other persons mentioned in Clause 5, article 29 of this Federal Law.

3. After the end of voting, the voting members of the precinct election commission in the presence of the persons mentioned in Clause 5, Article 29 of this Federal Law shall count unused ballots, cancel them by cutting off the lower left corner of such ballots (care shall be taken to avoid damaging the boxes printed on the ballots against the names of the political parties), announce the number of cancelled ballots, obtained by summing up the number of unused ballots and the number of ballots spoiled by voters in the course of voting, and enter the number of cancelled ballots in line 6 of the protocol of voting results and in the enlarged form of this protocol. After that the members of the precinct election commission shall announce the number of unused absentee certificates which is indicated in the document executed in accordance with Clause 16, Article 74 of this Federal Law and enter this number in line 14 of the protocol and its enlarged form. The cancelled ballots and absentee certificates may be examined by the persons, mentioned in Clause 5, Article 29 of this Federal Law, under the supervision of voting members of the precinct election commission.

(as amended by the Federal Laws of July 12, 2006, No.107-FZ, of October 4, 2010, No.263-FZ)

4. The chairman, the deputy chairman or the secretary of the precinct election commission shall announce the number of ballots received by the precinct election commission and enter this number in line 2 of the protocol of voting results of the precinct election commission and its enlarged form and shall announce the number of absentee certificates received by the precinct election commission and enter this number in line 11 of the protocol and its enlarged form.

5. Before starting to count votes the voting members of the precinct election commission shall enter the following summary data in each page of the voter list related to this page:

1) the number of voters included in the voters’ list as of the end of voting (minus the voters who received absentee certificates from the territorial election commission and the precinct election commission and voters removed from the voters’ list for other reasons);

2) the number of ballots issued to voters at the polling station on the voting day (as established on the basis of the number of voter signatures in the voters’ list);

3) the number of ballots issued to voters who voted outside the polling station (as established on the basis of the number of appropriate entries in the voters’ list);

4) the number of early voters (as established on the basis of the number of appropriate entries in the voters’ list);

5) the number of absentee certificates issued by the precinct election commission at the election precinct before the voting day;

6) the number of voters who voted at the election precinct on the basis of absentee certificates;

7) the number of absentee certificates issued to voters by the territorial election commission.

6. After the data mentioned in Clause 5 of this Article has been entered, each page of the voters’ list shall be signed by the voting member of the precinct election commission who entered this data and then this voting member of the precinct election commission shall announce this data and make it known to the chairman, the deputy chairman or the secretary of the precinct election commission and to the persons present at vote counting. The chairman, the deputy chairman or the secretary of the precinct election commission shall announce the summarized data obtained by summing up the data established in accordance with Clause 5 of this Article for all pages of the voters’ list, write this data on the last page of the voters’ list and certify it with his signature and the seal of the precinct election commission. The announced data shall be entered in the corresponding lines of the protocol of voting results of the precinct election commission and its enlarged form:

1) number of voters included in the voters’ list as of the end of voting - in line 1;

2) number of ballots issued to early voters - in line 3;

3) number of ballots issued to voters at the polling station on the voting day - in line 4;

4) number of ballots issued to voters who voted outside the polling station on the voting day - in line 5;

5) number of absentee certificates issued by the precinct election commission to voters of this election precinct before the voting day - in line 12;

6) number of voters who voted at this election precinct on the basis of absentee certificates - in line 13;

7) number of absentee certificates issued to voters by the territorial election commission - in line 15.

6.1. Upon exercising of activities stated in Clause 6 of this Article the following check proportion is verified: the number of absentee certificates received by precinct election commission shall be equal to the sum of number of absentee certificates issued by precinct election commission to voters at election precinct before the voting day and number of cancelled absentee certificated at election precinct. If this check proportion is not satisfied, precinct election commission takes decision on additional counting of data entered in voters’ list and cancelled absentee certificates. If as the result of additional counting the check proportion is not satisfied either, precinct election commission takes a corresponding decision that is attached to a protocol of voting results and enters the data on the difference into line 16 of protocol of voting results and its enlarged form. If the given check proportion is satisfied, the line 16 contains “0”.

(Clause 6.1. introduced by the Federal Law of October 4, 2010, No.263-FZ)

7. After the performance of the actions set forth in Clause 6 and 6.1 of this article, the voter list shall be made available for examination to the persons mentioned in Clause 5, Article 29 of this The Federal Law, and the non-voting members of the precinct election commission may make sure that the counting was carried out correctly.

(as amended by the Federal Law of October 10, 2010, №.203-FZ)

8. No further work shall be carried out with the voters’ list until check proportion of data entered in the protocol of precinct election commission of voting results is verified in accordance with Clause 21 of this Article. In the meantime, the voters’ list shall be kept in a safe or at some other place specially equipped for safe storage of documents. The chairman or the secretary of the precinct election commission shall make arrangements for the safe storage of the voters’ list so as to make it inaccessible to the persons present at the polling station.

9. Vote counting shall be carried out on the basis of ballots contained in the ballot boxes by the voting members of the precinct election commission.

10. Non-voting members of the precinct election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law may be present when votes are being counted.

11. Votes shall be counted at the polling station, in special places fitted out so as to be accessible to the voting and non-voting members of the precinct election commission. Voting members of the precinct election commission, with the exception of the chairman, deputy chairman and the secretary of the precinct election commission, shall be prohibited from using any writing utensils during vote counting, save as otherwise provided by Clauses 13 and 16 of this Article. All actions of members of the precinct election commission shall be in the field of vision of the persons present at vote counting.

12. When sorting out the ballots the precinct election commission shall separate ballots of non-standard form, i.e., ballots which were not produced officially or are not certified by the precinct election commission. Non-standard ballots shall not be accounted when votes are counted. Such ballots shall be packed separately and sealed.

13. First of all, ballots shall be counted in the mobile ballot boxes: first in the boxes containing ballots left by early voters, then in the boxes containing ballots left by voters who voted outside the polling station on the voting day. Before each mobile ballot box is opened, the number of voters who voted with the use of the given mobile ballot box shall be announced, the integrity of the seals on the boxes shall be checked and, upon the request of the chairman of the precinct election commission, the integrity of the seals shall be confirmed by the members of the precinct election commission and other persons present at vote counting. Votes shall be counted so as to avoid violating the secrecy of voting, with non-standard ballots being put apart. The number of standard ballots taken out of the ballot boxes shall be announced and entered in line 7 of the protocol of voting results of the precinct election commission and its enlarged form. If the number of standard ballots found in the mobile ballot box exceeds the number of notes made in the voters’ list to indicate that the voter voted early or the number of applications of voters marked to indicate receipt of a ballot, all ballots in the given mobile ballot box shall be declared invalid by the decision of the precinct election commission and this fact shall be recorded in a separate certificate which shall be attached to the corresponding protocol of voting results. This certificate shall indicate the surnames and initials of the members of the precinct election commission who conducted early voting or voting outside the polling station using this mobile ballot box. The number of ballots thus invalidated shall be announced, entered in the aforementioned certificate and subsequently added to the number of invalid ballots found when the ballots were sorted out. The reason why the ballot was invalidated shall be noted on the face of all such ballots, in the boxes located against the names of political parties. The note shall be signed by two voting members of the precinct election commission and certified by the commission's seal. Such ballots shall be packed separately, sealed and shall not be accounted during further vote counting.

14. Stationary ballot boxes shall be opened after the integrity of their seals is checked.

15. The voting members of the precinct election commission shall sort out the ballots taken out of the mobile and stationary ballot boxes and put them into separate bundles according to the votes cast for each federal list of candidates; at the same time, they shall put apart non-standard and invalid ballots. While sorting out the ballots, the voting members of the precinct election commission shall read aloud the notes made by voters on ballots and show the ballots for examination to all persons present at vote counting. The notes on two and more ballots shall not be read aloud simultaneously.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

16. Invalid ballots shall be counted and summed up separately. Ballots shall be pronounced invalid if they do not contain any marks in the boxes against the names of the political parties or if more boxes than one are marked in a ballot. If any doubts arise with regard to the expression of a voter's will, the ballot shall be put apart in a separate bundle and, after the ballots are sorted out, the precinct election commission shall take a decision on the validity of each doubtful ballot by voting. A note explaining the reasons why the ballot was pronounced valid or invalid shall be made on the back of such ballots. This note shall be certified by the signatures of not less than two voting members of the precinct election commission and the commission's seal. The ballot pronounced valid or invalid shall be put in the corresponding bundle of ballots. The total number of invalid ballots (including the ballots invalidated in accordance with Clause 13 of this Article) shall be announced and entered in line 9 of the protocol of voting results of the precinct election commission and its enlarged form.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

17. After that the sorted out standard ballots shall be counted separately in each bundle, according to the votes cast for each federal list of candidates. Ballots shall be counted one by one so that the persons present at vote counting could see the mark made by the voter on each ballot. Ballots from different bundles shall not be counted simultaneously. The data thus obtained shall be announced and entered in line 19 and subsequent lines of the protocol of voting results of the precinct election commission and its enlarged form.

(as amended by the Federal Laws of July 12, 2006, No.107-FZ, of October 4, 2010, No.263-FZ)

18. The voting members of the precinct election commission shall determine the number of valid ballots by summing up the data of line 19 and subsequent lines of the protocol of voting results of the precinct election commission, announce the number of valid ballots and enter this number in line 10 of the protocol and its enlarged form.

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

19. The voting members of the precinct election commission shall determine the number of standard ballots contained in the stationary ballot boxes, announce this number and enter it in line 8 of the protocol of voting results of the precinct election commission and its enlarged form.

20. After that, observers, foreign (international) observers may examine the sorted out ballots under the supervision of voting members of the precinct election commission, and non-voting members of the commission may make sure that the counting was carried out correctly.

21. After non-voting members of the precinct election commission, observers, foreign (international) observers examine the sorted out ballots, verification of check proportion of data entered in the protocol of voting results of the precinct election commission shall be carried out in accordance with Annex 3 to this Federal Law, according to the procedure established by the Central Election Commission of the Russian Federation. If this check proportion is not satisfied, the precinct election commission shall decide to carry out additional data calculation for all or some of the lines of the protocol, including additional counting of ballots. If, after additional calculation of the data in lines 2, 3, 4, 5 and 6 of the protocol the check proportion is not satisfied either, the precinct election commission shall draw up a statement to this effect to be attached to the protocol and shall enter the information about the difference in the special lines of the protocol: line 17 “Number of lost ballots“ and line 18 “Number of ballots unaccounted when received.” If the number indicated in line 2 is larger than the sum of the numbers indicated in lines 3, 4, 5 and 6, the difference between the number indicated in line 2 and the sum of the numbers indicated in lines 3, 4, 5 and 6 shall be entered in line 17 and the digit “0” shall be put in line 18. If the sum of the numbers indicated in lines 3, 4, 5 and 6 is larger than the number indicated in line 2, the difference between the sum of the numbers indicated in lines 3, 4, 5 and 6 and the number indicated in line 2 shall be entered in line 18 and the digit “0” shall be put in line 17. If changes have to be made to the protocol on the basis of additional calculations, a new blank form of the protocol shall be completed and appropriate alterations shall be made in the enlarged form of the protocol. If the check proportion is satisfied, the digit “0” shall be put in lines 17 and 18.

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

22. After the counting has been completed the ballots shall be packed in separate bundles according to the votes cast for federal lists of candidates. Invalid and cancelled ballots shall be packed in separate bundles. Each bundle of ballots shall be marked to indicate the quantity of ballots in the bundle, the name of the political party marked in the ballots or shall bear an inscription “Invalid ballots.” The ballots packed as above as well as the ballots packed in accordance with Clauses 12 and 13 of this Article, the packed absentee certificates and the voters’ list shall be placed in bags or boxes which shall be marked with the number of the election precinct, the total quantity of all packed ballots, the total quantity of all packed absentee certificates. The bags or boxes shall be sealed and may be opened only by a decision of superior election commission or a court. Voting and non-voting members of the precinct election commission, other persons indicated in Clause 5, Article 29 of this Federal Law may sign these bags or boxes.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

23. After all necessary actions and all counting and calculation operations are completed it shall be mandatory for the precinct election commission to hold a final meeting at which it shall consider complaints (applications) concerning violations of this Federal Law committed during the voting and vote counting. Then the precinct election commission shall sign its protocol of voting results and issue copies of the protocol to persons mentioned in Clause 5, Article 29 of this Federal Law. The protocol of voting results shall be prepared in duplicate and shall be signed by all present voting members of the precinct election commission, with the indication of the date and time (hours and minutes) when the protocol was signed. If prepared with the use of technical vote counting facilities or an e-voting complex the protocol shall become legally valid after it is signed by the aforementioned persons. The protocol shall not be completed with a pencil and no alterations shall be made therein. Signing of such protocol in violation of these rules may constitute a ground for invalidation of this protocol and for a vote recount.

24. If some voting members of the precinct election commission were absent when the protocol of voting results of the precinct election commission was prepared, a note to this effect shall be made in the protocol indicating the reason for their absence. The protocol shall be valid if it is signed by the majority of the established number of the voting members of the precinct election commission. If the signature of at least one voting member of the precinct election commission under the protocol is put for this member by some other commission member or by some other person, this shall constitute a ground for invalidation of this protocol and for a vote recount.

25. At the signing of the protocol of voting results of the precinct election commission any voting member of the precinct election commission who does not agree with the whole protocol or any part thereof may append his special opinion to the protocol and this fact shall be noted in the protocol.

26. Upon the request of any member of the precinct election commission or any person mentioned in Clause 5, Article 29 of this Federal Law, immediately after signing the protocol of voting results (including a repeat protocol) the precinct election commission, shall provide these persons with certified copies of the protocol. The provision of certified copies of the protocol shall be recorded by the precinct election commission in a special register and the person who receives a certified copy of the protocol shall sign for its receipt in the register. The responsibility for completeness and accuracy of the data contained in a copy of the protocol shall be imposed on the person who certified this copy.

27. The first copy of the protocol of voting results of the precinct election commission, after it was signed by all present voting members of the precinct election commission and its certified copies were provided to all persons entitled to receive them, shall be, without delay, delivered to the relevant territorial election commission and shall not be returned to the precinct election commission. The precinct election commissions formed at election precincts outside the territory of the Russian Federation shall deliver the first copy of the protocol together with the attached documents directly to the Central Election Commission of the Russian Federation or, if a territorial election commission was formed in accordance with Clause 3, Article 20 of this Federal Law – to this territorial election commission. The attached to the first copy documents shall include special opinions of voting members of the precinct election commission; the complaints (applications) concerning violations of this Federal Law received by the precinct election commission on the voting day and before the end of vote counting; the decisions taken by the precinct election commission in connection with these complaints (applications); certificates, statements and registers of the precinct election commission. Certified copies of these documents and decisions of the precinct election commission shall be attached to the second copy of the protocol. The first copy of the protocol with the attached documents shall be delivered to the territorial election commission by the chairman or the secretary of the precinct election commission or some other voting member of the precinct election commission designated by its chairman. Such delivery of the protocol may be witnessed by other members of the precinct election commission and by observers sent to the given precinct election commission. All electoral documents of precinct election commissions formed in election precincts outside the territory of the Russian Federation, including ballots but excluding the first copy of the protocol of voting results of the precinct election commissions and the attached documents submitted to superior election commission, shall be held in safe storage by the diplomatic and consular missions of the Russian Federation for not less than one year from the day of the official publication of the results of the election of deputies of the State Duma, after which they shall be disposed of on the basis of an appropriate certificate, according to the procedure established by the Central Election Commission of the Russian Federation.

28. The second copy of the protocol of voting results of the precinct election commission shall be made available for examination to the persons mentioned in Clause 5, Article 29 of this Federal Law and its certified copy shall be displayed to the general public at a place designated by the precinct election commission. The second copy of the protocol together with the election documents stipulated by this Federal Law, including the sealed ballots, the lists of non-voting members of the precinct election commission and persons mentioned in Clause 5, Article 29 of this Federal Law who were present at the establishment of voting results and preparation of the protocol, the voters’ list and the seal of the precinct election commission shall be handed over for safe storage to the relevant territorial election commission not later than in five days after the official publication of the results of the election of deputies of the State Duma.

29. If appropriate equipment is available, immediately after the members of the precinct election commission of an election precinct formed in a hard-to-reach or remote area, on a ship at sea on voting day, at a polar station or outside the territory of the Russian Federation, sign the protocol of the voting results the data of this protocol shall be transmitted via technical communication channels to superior election commission. It shall be mandatory that subsequently, at the earliest opportunity, the first copy of the protocol and other election documents mentioned in Clause 27 of this Article be submitted to superior election commission directly or through diplomatic and consular missions of the Russian Federation.

30. The procedure for using the technical system for transmission of information on the election of deputies of the State Duma, the procedure for and periods of transmission, processing and utilization of this information, including the data of the protocols of voting results of precinct election commissions transmitted over technical communication channels, shall be approved by the Central Election Commission of the Russian Federation.

31. If, after the protocol of voting results of the precinct election commission was signed and its first copy was delivered to the territorial election commission, the precinct election commission, which prepared the protocol, finds any inaccuracy in protocol lines 1 - 18 (including a slip of the pen, misprint or an error in data summation) or if such inaccuracy is found by the territorial election commission in the course of the preliminary verification of the protocol, the precinct election commission shall be obliged to call a meeting to consider the question of making corrections in protocol lines 1 - 18. In its announcement about this meeting to be made in accordance with Clause 2, Article 29 of this Federal Law the precinct election commission shall state that it will consider this matter at the meeting. It shall be mandatory for the precinct election commission to make the decision of the meeting known to its non-voting members, other persons who were present when the previously approved protocol or voting results was prepared by the precinct election commission, as well as to members of the press. In this case, the precinct election commission shall prepare a protocol of voting results marked “Repeat.” This protocol shall be forthwith delivered to the territorial election commission. The previous protocol of voting results submitted by the precinct election commission to the territorial election commission shall be attached to the corrected protocol. If any corrections are to be made in line 19 and subsequent lines of the protocol, a vote recount shall be carried out in accordance with the procedure set forth in Clause 17, Article 80 of this Federal Law. The violation of this procedure for preparation of a repeat protocol shall constitute a ground for invalidation of this protocol.

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

 

Article 80. Establishment of Voting results by Territorial Election Commission

 

1. After the preliminary verification of the protocols of voting results of precinct election commissions the territorial election commission shall, not later than on the third day after the voting day, establish the voting results for the given territory by summing up all data contained in these protocols, including such data transmitted over technical communication channels from the precinct election commissions of the election precincts formed in hard-to-reach and remote areas, on ships at sea on the voting day, at polar stations or outside the territory of the Russian Federation. The data contained in the protocols of voting results of precinct election commissions shall be summed up by the voting members of the territorial election commission. This may be witnessed by the persons mentioned in Clause 5 of Article 29 of this Federal Law.

2. The protocols of precinct election commissions shall be accepted, the data of these protocol shall be summed up and the protocol of voting results of the territorial election commission shall be prepared in one room, so that all actions of members of the territorial election commission when they accept the protocols of precinct election commissions, sum up the data of these protocol and prepare the protocol of voting results of the territorial election commission shall be within the field of vision of members of the territorial election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law. There shall be an enlarged form of the summary table of the territorial election commission in this room, where the data of the protocols of voting results of precinct election commissions shall be entered and the time of the entry indicated immediately after the first copy of these protocols is delivered by the chairman, the secretary or some other voting member of the precinct election commission.

3. The chairman, the secretary or some other voting member of the precinct election commission shall hand in the first copy of the protocol of voting results of the precinct election commission together with the attached documents to a voting member of the territorial election commission, who shall check the correctness of the protocol and that all required documents are ttached to the protocol. If the territorial election commission has a set of automation facilities of GAS “Vybory,” the data of the protocol shall be immediately entered in GAS “Vybory” which shall verify this data for compliance with check proportion. If any technical errors made in the course of the entry of the protocol data are discovered after the data was entered in GAS “Vybory,” the corrective data shall be entered in GAS “Vybory” only by a reasoned decision of the territorial election commission. If GAS “Vybory” is not used, compliance with check proportion shall be verified by the member of the territorial election commission who checks correct preparation of the protocol.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

4. If the protocol of voting results of any precinct election commission does not meet the requirements of this Federal Law to such protocol, this precinct election commission shall be obliged to prepare a corrected (repeat) protocol in accordance with the requirements of Clause 31, Article 79 of this Federal Law and the initially submitted protocol shall be kept by the territorial election commission.

5. If the protocol of voting results of the precinct election commission meets the requirements of this Federal Law to such protocol, a voting member of the territorial election commission shall enter the data of this protocol in the summary table of the territorial election commission. The chairman, the secretary or some other voting member of the precinct election commission who handed in the protocol to a member of the territorial election commission shall sign the enlarged form of the summary table of the territorial election commission under the data of the said protocol.

6. The election commissions of the subjects of the Russian Federation shall post the data of the protocols of voting results of the precinct election commissions on the Internet as this data is entered in GAS “Vybory,” but not later than in one day after the voting day (for the protocols marked “Repeat” or "Vote Recount" - not later than in one day after the day of preparation of the protocol). This data shall be kept on the Internet for not less than one year after the day of the official publication of the results of the election of deputies of the State Duma.

7. Based on the voting results, the territorial election commission shall deliver its decision on the voting results in the form of a protocol of voting results in which the following data shall be entered:

1) number of precinct election commissions in the given territory;

2) number of the protocols of voting results, received from the precinct election commissions, on the basis of which the given protocol is prepared;

3) number of election precincts where the voting results were annulled and the total number of voters entered in the voters’ lists for these election precincts as of the end of the voting time;

4) summary data for all lines of the protocol of voting results of precinct election commissions established by Clause 2, Article 78 of this The Federal Law.

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

5) number of absentee certificates received by the territorial election commission, number of absentee certificates issued to subordinate precinct election commissions, number of unused absentee certificates, cancelled by the territorial election commission, number of absentee certificates lost in territorial election commission.

(Clause 5 introduced by the Federal Law of October 4, 2010, No.263-FZ)

8. Before the protocol of voting results is signed it shall be mandatory for the territorial election commission to hold a final meeting, at which it shall consider complaints (applications) concerning violations of this Federal Law committed in the course of voting, vote counting and establishment of voting results, which were received by this commission. Then the territorial election commission shall sign the protocol of voting results and provide certified copies of the protocol to persons mentioned in Clause 5, Article 29 of this Federal Law. The protocol of voting results of the territorial election commission shall be prepared in duplicate and shall be signed by all present voting members of the territorial election commission, with the indication of the date and time (hours and minutes) when the protocol was signed. Signing of the protocol in violation of these rules may constitute a ground for invalidation of this protocol. Any voting member of the territorial election commission who disagrees with the whole protocol or any part thereof may attach his special opinion to the protocol and this fact shall be noted in the protocol.

9. The following documents shall be attached to each copy of the protocol of voting results of the territorial election commission:

1) summary table of the territorial election commission, which includes the complete data of all protocols of voting results received from precinct election commissions;

2) documents certifying the delivery of ballots by the territorial election commission to precinct election commissions and cancellation of unused ballots kept in the territorial election commission, with the indication of the quantity of such ballots;

3) documents certifying issuance of absentee certificates to voters by the territorial election commission, delivery of absentee certificates to precinct election commissions and cancellation of unused absentee certificates kept in the territorial election commission, with the indication of the quantity and numbers of such certificates.

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

10. The summary table and the documents mentioned in Clause 9 of this Article shall be signed by the chairman (deputy chairman) and the secretary of the territorial election commission.

11. The following documents shall be attached to the first copy of the protocol of voting results of the territorial election commission: special opinions of members of the territorial election commission; complaints (applications) concerning violations of this Federal Law committed in the course of voting, vote counting and establishment of voting results, which were received by the territorial election commission in the period from the voting day to the date of the protocol of voting results of the territorial election commission; the decisions taken by the territorial election commission on such complaints (applications). Certified copies of special opinions, complaints (applications) and decisions of the territorial election commission shall be attached to the second copy of the protocol.

12. After being signed by all present voting members of the territorial election commission, the first copy of the protocol of voting results of the territorial election commission together with the attached documents and the protocols of precinct election commissions shall be immediately delivered to the election commission of the subject of the Russian Federation. The protocol of voting results of a territorial election commission formed in accordance with Clause 3, Article 20 of this Federal Law shall be delivered to the Central Election Commission of the Russian Federation. The protocol of the territorial election commission delivered to superior election commission shall not be returned to the territorial election commission.

13. The second copy of the protocol of voting results of the territorial election commission, the second copies of the summary table and the documents mentioned in Clause 9 of this Article shall be made available for examination to non-voting members of the territorial election commission and superior election commissions and other persons mentioned in Clause 5, Article 29 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by the territorial election commission.

14. The second copy of the protocol of voting results of the territorial election commission together with the second copies of the summary tables and the documents mentioned in Clause 9 of this Article, the lists of non-voting members of the territorial election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law, who were present at the establishment of voting results and preparation of the protocol, shall be kept by the secretary of the territorial election commission.

15. If, after the protocol of voting results and (or) the summary table of the territorial election commission were signed and their first copies were delivered to superior election commission, the territorial election commission, which prepared the protocol and the summary table, or superior election commission finds any inaccuracies in the course of their preliminary verification (including a slip of the pen, misprint, error in the summation of the data of protocols of precinct election commissions), the territorial election commission shall be obliged to call a meeting to consider the question of making corrections in the protocol and (or) summary table. In its announcement about this meeting to be made in accordance with Clause 2, Article 29 of this Federal Law the territorial election commission shall state that it will consider this matter at the meeting. It shall be mandatory for the territorial election commission to make its decision known to non-voting members of the commission and other persons mentioned in Clause 5, Article 29 of this Federal Law who were present when the previously approved protocol of the territorial election commission was being prepared. In this case, the territorial election commission shall prepare a protocol of voting results and (or) summary table marked “Repeat.” This protocol and (or) the summary table shall be forthwith delivered to superior election commission. The protocol of voting results and (or) the summary table which were previously delivered by the territorial election commission to superior election commission shall be attached to the repeat protocol and (or) repeat summary table. The violation of this procedure for preparation of a repeat protocol and (or) repeat summary table shall constitute a ground for invalidation of the repeat protocol.

16. If any errors or inconsistencies are found in any protocol of voting results received from precinct election commissions or should any doubts arise as to the correctness of such protocol, the territorial election commission may, in the course of the preliminary verification of the protocol and after its acceptance, resolve that the given precinct election commission shall carry out a vote recount or that such vote recount in the given election precinct be carried out by the territorial election commission itself. Such vote recount may be carried out before the territorial election commission establishes the voting results and prepares a protocol of voting results.

17. A vote recount shall be carried out in the presence of a voting member (voting members) of the territorial election commission by the precinct election commission which prepared and approved the protocol being verified or by the territorial election commission which ordered a vote recount. The election commission which is to carry out a vote recount shall inform on the recount the members of the relevant precinct election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law, who may be present at the vote recount. Based on the vote recount the election commission which carried it out shall prepare a protocol of voting results marked "Vote Recount." The copies of such protocol made and certified by the election commission shall be provided to persons mentioned in Clause 5, Article 29 of this Federal Law. If such protocol is prepared by a precinct election commission, it shall be immediately delivered to the territorial election commission. The protocol of voting results of the precinct election commission previously delivered to the territorial election commission shall be attached to this protocol. The violation by the election commission which carried out a vote recount of this procedure for preparation of a protocol of voting results marked "Vote Recount" may constitute a ground for invalidation of this protocol.

 

Article 81. Establishment of Voting results by Election Commission of the Subject of the Russian Federation

 

1. After the preliminary verification of the first copies of the protocols of voting results of territorial election commissions, the election commission of the subject of the Russian Federation shall, not later than on the fifth day after the voting day, establish the voting results for the territory of the subject of the Russian Federation by summing up the data contained in these protocols. If there is at least one regional group of candidates corresponding to a part of the territory of the subject of the Russian Federation, the election commission of this subject of the Russian Federation shall establish voting results for each part of the territory of the subject of the Russian Federation, determined in accordance with Clauses 13 and 14  Article 36 of this Federal Law, rather than for the whole territory of the subject of the Russian Federation. The data contained in the aforementioned protocols shall be summed up by the voting members of the election commission of the subject of the Russian Federation.

2. The protocols of territorial election commissions shall be accepted, the data of these protocol shall be summed up and the protocol of voting results of the election commission of the subject of the Russian Federation (this commission’s protocols of voting results for each part of the territory of the subject of the Russian Federation) shall be prepared in one room, so that all actions of members of the election commission of the subject of the Russian Federation when they accept the protocols of territorial election commissions, sum up the data of these protocols and prepare the protocol of voting results of the election commission of the subject of the Russian Federation (this commission’s protocols of voting results for each part of the territory of the subject of the Russian Federation) shall be within the field of vision of members of the election commission of the subject of the Russian Federation and other persons mentioned in Clause 5, Article 29 of this Federal Law. In this room there shall be an enlarged form of the summary table of voting results of the election commission of the subject of the Russian Federation (enlarged forms of the commission’s summary tables of voting results for each part of the territory of the subject of the Russian Federation) where the data of the protocols of voting results of territorial election commissions shall be entered and the time of the entry indicated immediately after the first copy of these protocols is delivered by the chairman, the secretary or some other voting member of the territorial election commission.

3. The chairman, the secretary or some other voting member of the territorial election commission shall hand in the first copy of the protocol of voting results of the territorial election commission together with the attached documents to a voting member of the election commission of the subject of the Russian Federation, who shall check to see that the protocol is prepared correctly, that all required documents are attached to the protocol and that the check proportion is duly complied with.

4. If the protocol and (or) the summary table of voting results of any territorial election commission does not meet the requirements of this Federal Law to such protocol or summary table, this territorial election commission shall be obliged to prepare a corrected (repeat) protocol in accordance with the requirements of Clause 15, Article 80 of this Federal Law, and the initially submitted protocol and (or) summary table shall be kept by the election commission of the subject of the Russian Federation.

5. If the protocol and (or) the summary table of voting results of the territorial election commission meets the requirements of this Federal Law to such protocol and (or) summary table, a voting member of the election commission of the subject of the Russian Federation shall enter the data of this protocol in the summary table of the election commission of the subject of the Russian Federation. The chairman, the secretary or some other voting member of the territorial election commission who handed in the protocol to a member of the election commission of the subject of the Russian Federation shall sign the enlarged form of the summary table of the subject of the Russian Federation under the data of the said protocol.

6. Based on the protocols of voting results of the territorial election commissions the election commissions of the subject of the Russian Federation shall deliver its decision on the voting results in the form of a protocol of voting results. If there is at least one regional group of candidates corresponding to a part of the territory of the subject of the Russian Federation, the election commission of this subject of the Russian Federation shall prepare protocols of voting results for each part of the territory of the subject of the Russian Federation, determined in accordance with Clauses 13 and 14, Article 36  of this Federal Law, rather than one protocol of voting results.

7. The protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation) shall contain the following data:

1) number of territorial election commissions in the territory (part of the territory) of the subject of the Russian Federation;

2) number of the protocols of voting results received from the territorial election commissions, on the basis of which the protocol of voting results of the election commission of the subject of the Russian Federation (protocol of voting results for a part of the territory of the subject of the Russian Federation) is prepared;

3) number of election precincts where the voting results were annulled and the total number of voters entered in the voters’ lists for these election precincts as of the end of the voting time;

4) summary data for all lines of the protocol of voting results of territorial election commissions;

5) number of absentee certificates received by the territorial election commission, number of absentee certificates issued to subordinate precinct election commissions, number of unused absentee certificates, cancelled by the territorial election commission, number of absentee certificates lost in territorial election commission.

(Clause 5 introduced by the Federal Law of October 4, 2010, No.263-FZ)

8. Before the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation) is signed, it shall be mandatory for this election commission to hold a final meeting, at which it shall consider complaints (applications) concerning violations of this Federal Law committed in the course of voting, vote counting and establishment of voting results, which were received by this commission. Then the election commission of the subject of the Russian Federation shall sign the protocol and provide certified copies of the protocol to persons mentioned in Clause 5, Article 29 of this Federal Law. The protocol shall be prepared in duplicate and shall be signed by all present voting members of the election commission of the subject of the Russian Federation, with the indication of the date and time when the protocol was signed. Signing of the protocol in violation of these rules may constitute a ground for invalidation of this protocol. Any voting member of the election commission of the subject of the Russian Federation who disagrees with the whole protocol or any part thereof may attach his special opinion to the protocol and this fact shall be noted in the protocol.

9. The following documents shall be attached to each copy of the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation):

1) summary table of voting results of the election commission of the subject of the Russian Federation, which includes the complete data of all protocols of voting results (for a part of the territory of the subject of the Russian Federation – the data of the relevant protocols) received from territorial election commissions. Summary table on the voting results shall also contain data of protocols of the territorial election commission received by the election commission of the subject of the Russian Federation on the number of absentee certificates received by corresponding territorial election commission, the number of absentee certificates issued to subordinate precinct election commissions, the number of unused absentee certificates cancelled by corresponding territorial election commission and the number of absentee certificated lost in corresponding territorial election commission;

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

2) documents certifying the delivery of ballots by the election commission of the subject of the Russian Federation to territorial election commissions (for a part of the territory of the subject of the Russian Federation – to the relevant territorial election commissions) with the indication of the quantity of such ballots;

3) documents certifying the delivery of absentee certificates to territorial election commissions (for a part of the territory of the subject of the Russian Federation – to the relevant territorial election commissions), with the indication of the quantity and numbers of such certificates.

(as amended by the Federal Law of October 4, 2010, No.263-FZ)

10. The summary tables and attached documents mentioned in Clause 9 of this Article shall be signed by the chairman (deputy chairman) and the secretary of the election commission of the subject of the Russian Federation.

11. Documents attached to the first copy of the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation) shall include special opinions of members of the election commission of the subject of the Russian Federation; the complaints (applications) (in the case of a protocol of voting results for a part of the territory of the subject of the Russian Federation - the relevant complaints (applications) or their certified copies) concerning violations of this Federal Law, which were received by this election commission in the period from the voting day to the date of the protocol of voting results of the election commission of the subject of the Russian Federation; the decisions taken by the election commission of the subject of the Russian Federation on such complaints (applications). Certified copies of special opinions, complaints (applications) and decisions of the election commission of the subject of the Russian Federation shall be attached to the second copy of the protocol.

12. After the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation) and the summary table are signed, the first copy of the protocol together with the attached documents shall be immediately delivered to the Central Election Commission of the Russian Federation and shall not be returned to the election commission of the subject of the Russian Federation.

13. The second copy of the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation), the second copies of the summary table and documents mentioned in Clause 9 of this Article shall be made available for examination to non-voting members of the election commission of the subject of the Russian Federation, members of the Central Election Commission of the Russian Federation, other persons mentioned in Clause 5, Article 29 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by the election commission of the subject of the Russian Federation.

14. The second copy of the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation), the second copies of the summary table and documents mentioned in Clause 9 of this Article, the lists of non-voting members of the election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law, who were present at the establishment of voting results and preparation of the protocol, the protocols of territorial and precinct election commissions and other documents stipulated by this Federal Law shall be kept by the secretary of the election commission of the subject of the Russian Federation.

15. If, after the protocol of voting results of the election commission of the subject of the Russian Federation (the commission’s protocol of voting results for a part of the territory of the subject of the Russian Federation) and (or) the summary table were signed and their first copies were delivered to the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation, which prepared the protocol and the summary table, or the Central Election Commission of the Russian Federation finds any inaccuracy in the course of their preliminary verification (including a slip of the pen, misprint, error in the summation of the data of protocols of territorial election commissions), the election commission of the subject of the Russian Federation shall be obliged to call a meeting to consider the question of making corrections in the protocol and (or) summary table. In its announcement about this meeting to be made in accordance with Clause 2, Article 29 of this Federal Law the election commission of the subject of the Russian Federation shall state that it will consider this matter at the meeting. It shall be mandatory for the election commission of the subject of the Russian Federation to make its decision known to non-voting members of the commission, other persons mentioned in Clause 5, Article 29 of this Federal Law who were present when the previously approved protocol of the election commission of the subject of the Russian Federation was being prepared. In this case, the election commission of the subject of the Russian Federation shall prepare a protocol of voting results and (or) summary table marked "Repeat." This protocol and (or) the summary table shall be forthwith delivered to the Central Election Commission of the Russian Federation. The protocol of voting results and (or) the summary table which were previously delivered to the Central Election Commission of the Russian Federation shall be attached to the repeat protocol and (or) repeat summary table. The violation of this procedure for preparation of a repeat protocol and (or) repeat summary table shall constitute a ground for invalidation of the repeat protocol.

16. If any errors or inconsistencies are found in any protocol of voting results received from subordinate election commissions or should any doubts arise as to the correctness of such protocol, the election commission of the subject of the Russian Federation may resolve that a vote recount shall be carried out in the relevant election precinct, relevant territory. Such vote recount may be carried out before the election commission of the subject of the Russian Federation establishes the voting results and prepares a protocol of voting results.

17. In the case referred to in Clause 16 of this Article, a vote recount shall be carried out in the presence of a voting member (voting members) of the election commission of the subject of the Russian Federation by the election commission which prepared and approved the protocol being verified or by superior territorial election commission, the election commission of the subject of the Russian Federation. The election commission which is to carry out a vote recount shall inform about the recount the members of the relevant election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law, who may be present at a vote recount. Based on the vote recount the election commission which carried it out shall prepare a protocol of voting results marked "Vote Recount." On the basis of this protocol changes shall be made to the protocol of voting results of superior election commission. The copies of such protocol made and certified by the election commission shall be provided to persons mentioned Clause 5, Article 29 of this Federal Law. If such protocol is prepared by a subordinate election commission, it shall be immediately delivered to the election commission of the subject of the Russian Federation. The previously delivered protocol of voting results of the precinct, territorial election commission shall be attached to the protocol prepared on the basis of the vote recount. The violation of this procedure for preparation of a protocol of voting results marked "Vote Recount" may constitute a ground for invalidation of this protocol.

 

Article 82. Establishment of Results of the Election of Deputies of the State Duma

 

1. Based on the data contained in the first copies of the protocols of voting results of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of voting results for parts of the territory of the subjects of the Russian Federation, protocols of voting results of the territorial election commissions mentioned in Clause 3, Article 20 of this Federal Law (if such territorial election commissions were not formed - based on the data of the protocols of voting results of the election commissions formed in election precincts outside the territory of the Russian Federation, including the data transmitted over the technical communication channels from the said precinct election commissions) the Central Election Commission of the Russian Federation shall, after preliminary verification of the protocols, establish the results of the election of deputies of the State Duma by summing up the data contained in these protocols, not later than in two weeks after the voting day. The data contained in these protocols shall be summed up by the voting members of the Central Election Commission of the Russian Federation.

2. The Central Election Commission of the Russian Federation shall prepare a protocol of the results of the election of deputies of the State Duma in which the following data shall be entered:

1) number of election commissions of the subjects of the Russian Federation;

2) number of territorial election commissions mentioned in Clause 3, Article 20 of this Federal Law (if such territorial commissions were not formed – the number of precinct election commissions formed in election precincts outside the territory of the Russian Federation);

3) number of protocols of voting results of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of voting results for parts of the territory of the subjects of the Russian Federation on the basis of which this protocol was prepared;

4) number of protocols of voting results of the territorial election commissions mentioned in Clause 3, Article 20 of this Federal Law on the basis of which this protocol was prepared (if such territorial election commissions were not formed – the number of protocols of voting results of precinct election commissions formed in election precincts outside the territory of the Russian Federation on the basis of which this protocol was prepared);

5) summary data for all lines of the protocols of voting results of the election commissions of the subjects of the Russian Federation (these commissions’ protocols of voting results for parts of the territory of the subjects of the Russian Federation), protocols of voting results of the territorial election commissions mentioned in Clause 3, Article 20 of this Federal Law (if such territorial election commissions were not formed – the protocols of voting results of precinct election commissions formed in election precincts outside the territory of the Russian Federation);

5.1.) number of absentee certificates received by the Central Election Commission of the Russian Federation, number of absentee certificated issued to subordinate election commissions, number of unused absentee certificates cancelled by the Central Election Commission of the Russian Federation, number of absentee certificates lost in the Central Election Commission of the Russian Federation;

(Clause 5.1. introduced by the Federal Law of October 4, 2010, No.263-FZ)

6) share of votes (in percent) of voters participated in the voting received by each federal list of candidates;

(as amended by the Federal Law of July 12, 2006, No.107-FZ)

7) ceased to be in force. - The Federal Law of April 26, 2007, No.64-FZ;

8) names of the political parties, whose federal lists of candidates are included in the distribution of deputy seats, and the number of deputy seats due to each of these lists;

8.1.) names of the political parties, whose federal lists of candidates received deputy seats in case stipulated by Clause 10.1. of this Article, and the number of deputy seats due to each of these lists;

(Clause 8.1. introduced by the Federal Law of May 12, 2009, No.94-FZ)

9) numbers of the regional groups of candidates of the federal lists of candidates included in the distribution of deputy seats and the number of deputy seats due to each of these regional groups;

(Clause 9 as amended by the Federal Law of May 12, 2009, No.94-FZ)

10) surnames, first names and patronymics of the registered candidates elected as deputies of the State Duma from each federal list of candidates included in the distribution of deputy seats.

(Clause 10 as amended by the Federal Law of May 12, 2009, No.94-FZ)

3. Based on the protocol of the results of the election of deputies of the State Duma the Central Election Commission of the Russian Federation shall take a decision on the results of the election of deputies of the State Duma.

4. The Central Election Commission of the Russian Federation shall declare the election of deputies of the State Duma invalid:

1) ceased to be in force. - The Federal Law of April 26, 2007, No.64-FZ;

2) if none of the federal lists of candidates received 7 percent or more than 7 percent of votes of voters participated in the voting;

3) if all federal lists of candidates together received 60 percent and less than 60 percent of votes of voters participated in the voting.

5. The Central Election Commission of the Russian Federation shall invalidate the results of the election of deputies of the State Duma:

1) if violations during the voting or establishment of voting results do not allow the results of the expression of the voters' will to be reliably determined;

2) if the voting results were invalidated in several election precincts which voters’ lists together included not less than 25 percent of the total number of voters entered in the voters’ lists as of the end of voting;

3) by a court decision.

6. The number of voters who took part in the voting shall be determined by the number of standard ballots contained in the ballot boxes.

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

7. Federal lists of candidates shall be included in the distribution of deputy seats if each of them receives 7 percent and more than 7 percent of the total vote, provided that there are not less than two such federal lists of candidates and that these federal lists of candidates together receive more than 60 percent of the total vote. In this case the other federal lists of candidates shall not be included in the distribution of deputy seats.

8. If the votes received by the federal lists of candidates, each of which received 7 percent and more than 7 percent of total number of votes, is 60 percent and less than 60 percent of the total number of votes, these lists shall be included in the distribution of deputy seats along with federal lists of candidates which received less than 7 percent of votes, such federal lists of candidates being included in the distribution of deputy seats in a descending order of votes, received by them until the total number of votes of the federal lists of candidates included in the distribution of deputy seats exceeds 60 percent of the total number of votes.

9. If one federal list of candidates received more than 60 percent of the total number of votes and the other federal lists of candidates received less than 7 percent of the total number of votes, this federal list of candidates shall be included in the distribution of deputy seats along with a federal list of candidates which received the largest number of votes among the federal lists of candidates which received less than 7 percent of the total number of votes.

10. The federal lists of candidates included in the distribution of deputy seats shall receive these seats in accordance with the methodology of distribution of deputy seats set forth in Article 83 of this Federal Law.

10.1. Besides federal lists of candidates admitted to distribution of deputy seats, such deputy seats are also received by federal lists of candidates that received less than 7 but not less than 5 percent of votes of voters participated in the voting and not admitted to distribution of deputy seats. Such federal lists of candidates receive deputy seats in accordance with Article 82.1 of this Federal Law.

(Clause 10.1. introduced by the Federal Law of May 12, 2009, No.94-FZ)

11. The deputy seats received by the federal list of candidates shall be first provided to the registered candidates in the all-federal part of the federal list of candidates. The remaining deputy seats shall be provided to registered candidates included in the regional groups of candidates in accordance with the methodology of the distribution of deputy seats set forth in Article 83 of this Federal Law.

12. Deputy seats shall be distributed between registered candidates in the sequence in which the candidates are placed in the federal list of candidates. This sequence is established when the federal list of candidates is registered by the Central Election Commission of the Russian Federation and is regarded (within the all-federal part of the federal list of candidates and within each regional group of candidates) as the sequence in which deputy seats are to be provided.

13. Ceased to be in force. - The Federal Law of April 26, 2007, No.64-FZ.

14. The protocol of the results of the election of deputies of the State Duma prepared by the Central Election Commission of the Russian Federation shall be signed by all present voting members of the Central Election Commission of the Russian Federation. Attached to the protocol shall be the summary table containing the complete data of all received protocols of voting results of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of voting results for parts of the territory of the subjects of the Russian Federation and the protocols of voting results of the territorial commissions mentioned in Clause 3, Article 20 of this Federal Law (if such territorial commissions were not formed – protocols of voting results of precinct election commissions formed in election precincts outside the territory of the Russian Federation). Summary table shall also include data of protocols of election commissions of the subjects of the Russian Federation of voting results, election results in parts of territories of the subjects of the Russian Federation, on the number of absentee certificates received by corresponding election commission of the subject of the Russian Federation (if the territory of the subject of the Russian Federation is divided into parts – for each party of the territory of the subject of the Russian Federation), the number of absentee certificated issued to subordinate territorial election commissions, the number of unused absentee certificates cancelled by corresponding election commission of the subject of the Russian Federation, and the number of absentee certificated lost in corresponding election commission of the subject of the Russian Federation, and in the case of formation of territorial election commission for managing the activity of precinct election commissions formed at election precincts that are formed outside the territory of the Russian Federation, and the data on the number of absentee certificates received by corresponding territorial election commission, the number of absentee certificates issued to subordinate precinct election commission, cancelled by corresponding territorial election commission, and the number of absentee certificates lost in corresponding territorial election commission.

(as amended by the Federal Law of July 25, 2011, No.262-FZ)

15. Any voting member of the Central Election Commission of the Russian Federation, who disagrees with the whole protocol of the results of the election of deputies of the State Duma prepared by the Central Election Commission of the Russian Federation or its parts, may attach his special opinion to the protocol and this fact shall be noted in the protocol. Also attached to the protocol shall be complaints (applications) concerning violations of this Federal Law, which were received by the Central Election Commission of the Russian Federation in the period from the voting day to the date of its protocol of the results of the election of deputies of the State Duma, and the decisions taken by the Central Election Commission of the Russian Federation on such complaints (applications).

16. Certified copies of the protocol of the results of the election of deputies of the State Duma and of the summary table prepared by the Central Election Commission of the Russian Federation shall be provided to all members of the Central Election Commission of the Russian Federation, persons mentioned in Clause 1, Article 29 of this Federal Law, who were present when the results of the election of deputies of the State Duma were being established, and to mass media representatives.

17. If, after signing its protocol of the results of the election of deputies of the State Duma and (or) its summary table, the Central Election Commission of the Russian Federation finds an inaccuracy in these documents (including a slip of the pen, misprint, error in the summation of the data of the protocols of subordinate election commissions), the Central Election Commission of the Russian Federation shall be obliged to call a meeting to consider the question of correcting the protocol and (or) the summary table. In its announcement about this meeting to be made in accordance with Clause 2, Article 29 of this Federal Law the Central Election Commission of the Russian Federation shall state that it will consider this matter at the meeting. It shall be mandatory for the Central Election Commission of the Russian Federation to make its decision known to its non-voting members, other persons mentioned in Clause 5, Article 29 of this Federal Law, who were present when the previously approved protocol of the results of the election of deputies of the State Duma was being prepared by the Central Election Commission of the Russian Federation.

18. If any errors, inconsistencies are discovered in the protocols of voting results received from subordinate election commissions and should any doubts arise as to the correctness of these protocols, the Central Election Commission of the Russian Federation may resolve that a vote recount shall be carried in the corresponding election precinct, corresponding territory, corresponding subject of the Russian Federation. Such vote recount shall be carried out not later than in one day before the expiry of the period prescribed by this Federal Law for the establishment of the results of the election of deputies of the State Duma.

19. In the case referred to in Clause 18 of this Article a vote recount shall be carried out in the presence of a voting member (voting members) of the Central Election Commission of the Russian Federation by the election commission which prepared and approved the protocol of voting results being verified or by superior election commission or by the Central Election Commission of the Russian Federation. The election commission which is to carry out a vote recount shall inform about the recount the members of the relevant election commission, other persons mentioned in Clause 5, Article 29 of this Federal Law, who may be present at the vote recount. On the basis of the vote recount the election commission which carried it out shall prepare a protocol of voting results marked "Vote Recount." On the basis of this protocol changes shall be made to the protocols of voting results of all superior election commissions. The previously delivered protocol of voting results shall be attached to the protocol prepared on the basis of the vote recount. The violation of this procedure for preparation of a protocol of voting results marked "Vote Recount" may constitute a ground for invalidation of this protocol.

 

Article 82.1. Provision of Deputy Seats to Federal Lists of Candidates Received less than 7 and not less  than 5 percent of Votes of Voters Participated in the Voting and not Admitted to Distribution of Deputy Seats

 

(introduced by the Federal Law of May 12, 2009, No.94-FZ)

 

1. Before deputy seats are distributed in accordance with Article 83 of this Federal Law, deputy seats are provided to federal lists of candidates that received less than 7 but not less than 5 percent of votes of voters participated in voting and not admitted to distribution of deputy seats. The number of deputy seats provided is determined in accordance with Clauses 2 and 3 of this Article.

2. Federal list of candidates that received less than 6 but not less than 5 percent of votes of voters participated in voting and not admitted to distribution of deputy seats is provided with one deputy seat.

3. Federal list of candidates that received less than 7 but not less than 6 percent of votes of voters participated in voting and not admitted to distribution of deputy seats is provided with two deputy seats.

4. Deputy seats provided in accordance with Clauses 2 and 3 of this Article are received first of all by registered candidates included into all-federal part of the federal list of candidates in the sequence of their placement in this list.

5. If the federal list of candidates that received a deputy seat (deputy seats) does not have an all-federal part, the number of votes is established that were cast for the federal list of candidates in those subjects of the Russian Federation (in groups of subjects of the Russian Federation, on parts of territories of the subjects of the Russian Federation) that correspond to regional groups of candidates that the federal list of candidates was divided into (hereafter – votes cast for regional groups of candidates). At this votes of voters residing outside the territory of the Russian Federation in case of taking of the decision by the political party stipulated by Clause 9.1., Article 36 of this Federal Law, are deemed cast for corresponding regional group of candidates.

6. Deputy seat provided in accordance with Clause 2 of this Article to the federal list of candidates with no all-federal part is given to the first registered candidate included in the regional group of candidates that received the most votes of voters. In case, at equality of votes of voters cast for regional groups of candidates, there is more than one such group, the regional group a registered candidate of which receives a deputy seat is determined in accordance with the order of placement of regional groups in the federal list of candidates.

7. If the all-federal part of the federal list of candidates that received deputy seats in accordance with Clause 3 of this Article includes one registered candidates, the second deputy seat is provided to the first in sequence registered candidate included into regional group of candidates that received the most votes of voters. In case, at equality of votes of voters cast for regional groups of candidates, there is more than one such group, the regional group a registered candidate of which receives a deputy seat is determined in accordance with the order of placement of regional groups in the federal list of candidates.

8. Deputy seats provided in accordance with Clause 3 of this Article to the federal list of candidates with no all-federal part are given to the first in sequence registered candidates included into two regional groups of candidates that received the most of the votes. In case, at equality of votes of voters cast for regional groups of candidates, there are more than two such groups, regional groups the registered candidates of which receive deputy seats, or one of regional groups a registered candidate of which receives a deputy seat, is (are) determined in accordance with the order of placement of regional groups in the federal list of candidates.

9. If the provided deputy seat is vacant, it is given to the first in sequence registered candidate out of registered candidates that did not receive deputy seats and are included into the same regional group of candidates (all-federal part) of the federal list of candidates with the registered candidate the deputy seat of whom is vacant. If in the said regional group of candidates (all-federal part) of the federal list of candidates has no registered candidates that can receive a vacant deputy seat, it is given to the first in sequence registered candidate included into regional group of candidates that received the most votes of voters and registered candidates of which did not receive a deputy seat. In case, at equality of votes of voters cast for regional groups of candidates, there are more such groups than there are deputy seats, the regional group a registered candidate of which receives a deputy seat, is determined in accordance with the order of placement of regional groups in the federal list of candidates.

10. If in the process of provision of deputy seat there are no registered candidates in the federal list of candidates that can receive a vacant deputy seat, this deputy seat remains vacant till the next election of deputies of the State Duma.

 

Article 83. Methodology of Proportional Distribution of Deputy Seats

 

1. The Central Election Commission of the Russian Federation shall calculate the sum of votes cast by voters for the federal lists of candidates, included in the distribution of deputy seats, in accordance with the rules set forth in Clauses 7 - 9, Article 82 of this Federal Law. This sum of votes shall be divided by 450 - the number of deputy seats to be distributed in the federal electoral district. In case deputy seats are provided to the federal list of candidates in accordance with Article 82.1 of this Federal Law, the said sum of votes is divided by the number of deputy seats remained after such provision. The result is the first electoral quotient, which is used in the distribution of deputy seats between the federal lists of candidates.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

2. The number of votes received by each federal list of candidates, included in the distribution of deputy seats, shall be divided by the first electoral quotient calculated in accordance with Clause 1 of this Article. The whole part of the number obtained as a result of such division represents the number of deputy seats to be received by the given federal list of candidates as a result of the primary distribution of deputy seats.

3. If any deputy seats remain undistributed after the primary distribution of deputy seats carried out in accordance with Clause 2 of this Article, secondary distribution of deputy seats shall be carried out. The federal lists of candidates, which have the largest fractional part of the number obtained as a result of the division performed in accordance with Clause 2 of this Article, shall each receive one of the undistributed deputy seats. In case the fractional parts are equal (up to and including the sixth digit after the decimal point) preference shall be given to the federal list of candidates which received more votes.

4. After distribution of deputy seats carried out in accordance with Clause 3 of this Article, deputy seats shall be distributed inside each federal list of candidates between regional groups of candidates and the all-federal part of the federal list (if any). First, deputy seats shall be provided to registered candidates included in the all-federal part of the federal list of candidates, in the sequence of their placement in this list.

5. If, after deputy seats were provided to registered candidates included in the all-federal part of the federal list of candidates, there remain deputy seats due to the given federal list of candidates, such deputy seats shall be distributed inside the federal list of candidates between the regional groups of candidates as follows. The sum of votes cast for the federal list of candidates in the subjects of the Russian Federation (groups of subjects of the Russian Federation, parts of the territory of the subjects of the Russian Federation) to which the regional groups of candidates the federal list of candidates was divided into correspond plus the number of votes cast by voters residing outside the territory of the Russian Federation – if the political party takes a decision mentioned in Clause 9.1, Article 36 of this Federal Law (hereafter  - votes cast for regional groups of candidates) shall be divided by the number of deputy seats which remain undistributed inside the federal list of candidates. The result of the division is the second electoral quotient of the given federal list of candidates. The number of votes cast for each regional group of candidates shall be divided by the second electoral quotient. In this case, if the political party takes a decision mentioned in Clause 9.1, Article 36 of this The Federal Law, the votes cast by voters residing outside the territory of the Russian Federation shall be deemed cast for the relevant regional group of candidates. The whole part of the number obtained as a result of such division represents the number of deputy seats to be received by the relevant regional group of candidates. If, after performance of the aforementioned actions, there remain undistributed deputy seats due to the given federal list of candidates, the regional groups of candidates, which have the largest fractional part of the number, obtained as a result of the division of the number of votes cast for each regional group of candidates by the second electoral quotient of the given federal list of candidates, shall each receive one of the undistributed deputy seats. In case the fractional parts are equal preference shall be given to the regional group of candidates which received a larger number of votes. In case if the number of votes of voters cast for regional groups of candidate, the number of such group is more than the number of deputy seats, the regional group of candidates that receives a deputy seat, is determined in accordance with the order of placement of regional groups in the federal list of candidates.

(as amended by the Federal Laws of July 21, 2007, No.188-FZ, of May 12, 2009, No.94-FZ)

6. If, in the course of the distribution of deputy seats inside the federal list of candidates, one of or several regional groups of candidates is (are) found to lack the required number of registered candidates, the deputy seats that remain undistributed shall be additionally distributed between the regional groups of the same federal list of candidates in which there are registered candidates who did not receive deputy seats. If, when such additional distribution of deputy seats is to be carried out, there are regional groups of candidates which did not receive deputy seats in the course of their distribution performed in accordance with Clause 5 of this Article and if among such regional groups of candidates there are groups which include registered candidates who did not receive deputy seats, deputy seats shall be given to such regional groups of candidates one deputy seat to each such group, in the same sequence (in accordance with the value of the frictional parts) as was determined on the basis of the initially calculated second electoral quotient. If, in the course of the additional distribution, there remain no regional groups of candidates which received no deputy seats in the course of their distribution in accordance with the values of the fractional parts but some deputy seats still remain undistributed, these deputy seats shall be provided to the regional groups of candidates with the smallest coefficient of additional distribution to be calculated for each regional group of candidates with registered candidate who did not receive deputy seats, one deputy seat to each of such groups. The aforementioned coefficient shall be calculated by dividing the number of deputy seats received by the regional group of candidates by the number of votes which it received. In case these coefficients are equal, deputy seats shall be provided to the regional group of candidates which received the larger number of votes. If, after such distribution, the number of deputy seats available for additional distribution exceeds the number of the regional groups of candidates which are entitled to receive them, additional distribution shall be repeated as many times as necessary, with the said coefficient to be calculated anew each time. Additional distribution of deputy seats shall be also carried out in other cases provided by this Federal Law.

7. If, after the distribution of deputy seats between the federal lists carried out in accordance with Clauses 1 - 3 of this Article, one or several deputy seats have to be additionally distributed between all or some of the federal lists of candidates, such distribution shall be carried out as follows. First, deputy seats shall be given to the federal lists of candidates which received no deputy seats when they were distributed in accordance with the value of the fractional pars as provided by Clause 3 of this Article. Then deputy seats shall be provided in accordance with the coefficient of additional distribution of deputy seats to be calculated for each federal list of candidates by dividing the total number of deputy seats received by the federal list of candidates by the number of votes received by this list. Deputy seats shall be provided to the federal lists of candidates with the smallest value of this coefficient, one to each such list. In the event that the values of this coefficient are equal, the deputy seat shall be provided to the federal list of candidates which received the larger number of votes. If after such distribution the number of deputy seats available for additional distribution is found to be larger than the number of the federal lists of candidates which may receive them, additional distribution shall be repeated as many times as necessary, with the said coefficient to be calculated anew each time. The deputy seats received by a federal list of candidates shall be given to registered candidates included the all-federal part of the federal list of candidates who did not receive deputy seats or, in the absence of such candidates, to registered candidates from the regional groups of candidates of the given federal list of candidates, in accordance with the additional distribution procedure set forth in Clause 6 of this Article. Federal lists of candidates may participate in the additional distribution only if they have registered candidates who did not receive deputy seats.

8. If, after the initial distribution of deputy seats inside a federal list of candidates, a deputy seat became vacant, this deputy seat shall be given to a registered candidate from the same federal list of candidates. The deputy seat shall be given to the first registered candidate in the sequence of registered candidates who did not receive deputy seats and who are included in the same regional group of candidates (in the all-federal part of the federal list of candidates) as the registered candidate whose deputy seat became vacant. If there are no registered candidates in the given regional group of candidates (in the all-federal part of the federal list of candidates) who did not receive deputy seats, the vacant deputy seat shall be distributed between the other regional groups of candidates of the same federal list of candidates in accordance with the additional distribution procedure set forth in Clause 6 of this Article.

9. If, in the course of the distribution of deputy seats inside a federal list of candidates, there remain no registered candidates who did not received deputy seats, the undistributed deputy seats shall remain vacant until the next election of deputies of the State Duma, save as otherwise provided by Clause 10 of this Article.

10. If, as a result of the implementation of the provisions of Clause 9 of this Article, the composition of the State Duma becomes legally incompetent to exercise its powers, the undistributed deputy seats shall be provided to the federal lists of candidates not admitted to distribution of deputy seats in accordance with the requirements of Clauses 7 - 9, Article 82 of this Federal Law and which received the number of votes exceeding the first electoral quotient. In this case, each of such federal lists of candidates may receive a number of deputy seats which does not exceed the number which it might have received if it had been admitted to distribution of deputy seats together with the federal lists of candidates mentioned in Clauses 7 - 9, Article 82 of this The Federal Law (with account of deputy seats received in accordance with Article 82.1 of this Federal Law). Such deputy seats shall be distributed between the federal lists of candidates not admitted to distribution of deputy seats in accordance with the requirements of Clauses 7 – 9, Article 82 of this Federal Law and which received the number of votes exceeding the first electoral quotient, in proportion to the number of votes received by them, in accordance with the methodology of distribution of deputy seats set forth in this article.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

 

Article 84. Repeat Election of Deputies of the State Duma

 

If the election of deputies of the State Duma was declared invalid on the grounds set forth in Article 82 of this Federal Law, the Central Election Commission of the Russian Federation shall call repeat elections in accordance with the procedure established by this Federal Law. The repeat elections shall be held not later than in four months after the day on which the elections were declared invalid. In the event of repeat elections the periods of electoral actions may be reduced, however by not more than one-third, by a decision of the Central Election Commission of the Russian Federation. The announcement of repeat elections shall be published in the mass media not later than in three days after the relevant decision was taken. The Central Election Commission of the Russian Federation may order that the powers of precinct election commissions be extended or that, in such cases, new precinct election commissions be formed in accordance with the procedure established by Article 21 of this Federal Law.

 

Article 85. Registration of Deputies of the State Duma

 

1. After signing the protocol of the results of the election of deputies of the State Duma the Central Election Commission of the Russian Federation shall notify to this effect of the registered candidates elected to the State Duma. The registered candidate elected to the State Duma shall, within five days of receipt of the notice, present to the Central Election Commission of the Russian Federation a copy of the order (other document) relieving him from the duties incompatible with the status of a deputy of the State Duma or a copy of a document certifying that, within three days of receipt of the notice, he submitted an application asking to be relieved from such duties.

2. If the registered candidate elected to the State Duma fails to comply with the requirements of Clause 1 of this Article, his deputy seat shall be deemed vacant and the Central Election Commission of the Russian Federation shall transfer it to another registered candidate from the same federal list of candidates in accordance with the procedure set forth in Clause 9, Article 82.1 or Clause 8, Article 83 of this Federal Law. Such deputy seat shall not be transferred to a registered candidate elected to the State Duma who also failed the meet the requirements set forth in Clause 1 of this Article or refused to accept a deputy seat in accordance with Clause 2.1 of this Article, if his deputy seat is vacant.

(as amended by the Federal Law of April 26, 2007, No.64-FZ, of May 12, 2009, No.94-FZ)

2.1. Within five days of receipt of the notice mentioned in Clause 1 of this Article, the registered candidate elected to the State Duma may refuse to accept a deputy seat by submitting an appropriate written application to the Central Election Commission of the Russian Federation. In this case, his deputy seat shall be deemed vacant and the Central Election Commission of the Russian Federation shall transfer it to another registered candidate from the same federal list of candidates in accordance with the procedure set forth in Clause 9, Article 82.1 or Clause 8, Article 83 of this Federal Law. Such deputy seat shall not be transferred to a registered candidate elected to the state Duma, who failed to meet the requirements set forth in Clause 1 of this Article or who also refused to accept a deputy seat in accordance with this Clause, if his deputy seat is vacant.

(Clause 2.1 introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the Federal Law of May 12, 2009, No.94-FZ)

2.2. Submission by a registered candidate elected to the State Duma of an application mentioned in Clause 2.1 of this Article shall not entail exclusion of such registered candidate from the federal list of candidates admitted to distribution of deputy seats (federal list of candidates that received deputy seats in accordance with Article 82.1 of this Federal Law).

(Clause 2.2 introduced by the Federal Law of April 26, 2007, No.64-FZ, as amended by the Federal Law of May 12, 2009, No.94-FZ)

3. After the official publication of the results of the election of deputies of the State Duma and after the registered candidate has complied with the requirement set forth in Clause 1 of this Article, the Central Election Commission of the Russian Federation shall register such deputy and shall provide him with a certificate of election as deputy of the State Duma.

 

Article 86. Publication of Voting results and Results of the Election of Deputies of the State Duma

 

1. The voting results for each election precinct, each territory, each subject of the Russian Federation within the scope of the data contained in the protocols of voting results of the relevant election commissions and subordinate election commissions shall be made available for examination to all voters, registered candidates, attorneys and authorized representatives of political parties, observers, foreign (international) observers, mass media representatives upon their request, immediately after the protocols of voting results, results of the election of deputies of the State Duma were signed by the members of the election commission from which this data was requested. This data shall be provided by the relevant election commission.

2. The Central Election Commission of the Russian Federation shall present preliminary information on the results of the election of deputies of the State Duma to the mass media as such information becomes available to the Central Election Commission of the Russian Federation.

3. The election commission of the subject of the Russian Federation shall, not later than in two weeks after the voting day, officially publish in the regional state print periodicals the data contained in the protocols of voting results of all territorial election commissions and in the corresponding summary tables. If a vote recount was carried out at some election precincts, some territories and the results of this recount are received by the election commission of the subject of the Russian Federation after this deadline, then the election commission of the subject of the Russian Federation shall officially publish the corrected data within one week after this data is accepted on the basis of the relevant decision. The election commission of the subject of the Russian Federation may publish the summary tables of territorial election commissions in one of or several municipal print periodicals or by releasing a special booklet which shall be circulated to the state and municipal public libraries located in the territory of the subject of the Russian Federation, to mass media organizations, regional branches of political parties registered in the territory of the subject of the Russian Federation.

4. The results of the election of deputies of the State Duma as well as the information on the vote received by each registered federal list of candidates shall be officially published by the Central Election Commission of the Russian Federation within three weeks of the voting day. Within the same period, the Central Election Commission of the Russian Federation shall officially publish in its bulleting the complete data contained in the protocols of voting results of all election commissions of the subjects of the Russian Federation.

5. Within two months of the voting day, the Central Election Commission of the Russian Federation shall publish in its official bulletin the complete data of the protocols of voting results of all election commissions, with the exception of precinct election commissions, the protocols of the results of the election of deputies of the State Duma, the biographical data and other information on all elected deputies of the State Duma within the scope to be established by the Central Election Commission of the Russian Federation. Within seven days of such publication the Central Election Commission of the Russian Federation shall post this information on the Internet where it will be kept for at least one year from the day of the official publication of the results of the election of deputies of the State Duma.

 

Article 87. Use of GAS “Vybory”

 

1. Only GAS “Vybory” shall be used in preparation and conduct of the election of deputies of the State Duma, including registration of voters, preparation of voters’ lists, establishment of voting results and election results, for quick receipt, transmission and processing of the information.

2. If appropriate equipment is available, immediately after the protocol of voting results is signed the data of the protocol shall be transmitted in a machine readable form to superior election commission over the telecommunications channels of GAS “Vybory,” subject to the mandatory rule that the first copy of the protocol of voting results shall be subsequently submitted to superior election commission.

3. The election commission shall form a supervisory group consisting of voting and non-voting members of the commission to supervise the use of GAS “Vybory” or its separate technical facilities. The powers of this group are established by the Federal Law “On the State Automatic System of the Russian Federation ‘Vybory’.”

4. All members of the election commission, observers shall have the right to examine any information entered into and received from GAS “Vybory” in connection with the establishment of voting results and the results of the election of deputies of the State Duma.

5. From the beginning of voting and up to the time when the election commission signs the protocol of voting results GAS “Vybory” with its telecommunications channels over which the data is transmitted from subordinate election commissions to superior election commissions shall be used for monitoring the progress of voting and establishing of voting results. During this period transmission of any data from the information centers of superior election commissions to the information centers of subordinate election commissions shall be prohibited, except for the signals acknowledging receipt of the information.

6. The information on the progress of voting and voting results received by means of GAS “Vybory” shall be preliminary information which has no legal significance, save the cases where use is made of technical facilities for vote counting and (or) e-voting complexes in accordance with the procedure established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

7. The computer printout of the protocol of voting results of a precinct election commission which has been transmitted directly to superior election commission and entered in GAS “Vybory” shall be attached to the second copy of this protocol of voting results of the precinct election commission. The authenticity of the data contained in the computer printout shall be certified by the signatures of the person responsible for the entry of this data.

8. The information on the voter turnout, preliminary and final voting results entered into GAS “Vybory” shall be readily accessible (in the "read only" mode) to the users of the Internet in accordance with the procedure to be established by the Central Election Commission of the Russian Federation.

9. When GAS “Vybory” is used in accordance with this Federal Law, the information on the political parties that nominated federal lists of candidates, on the progress of voting and preliminary voting results may be made known to voters over the public telecommunications networks in accordance with the procedure established by the Central Election Commission of the Russian Federation.

(Clause 9 introduced by the Federal Law of April 26, 2007, No.64-FZ)

 

Article 88. Safe Storage of Election Documents

 

1. Documents of the precinct election commissions (including ballots) shall be kept in guarded rooms and shall be transferred to superior election commissions within the period established by this Federal Law.

2. Documents of the Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation, territorial election commissions together with the documents transferred to them for safe storage by precinct election commissions shall be held in safe storage for the periods established by the legislation of the Russian Federation.

3. The safe storage period for ballots, absentee certificates, voters’ lists and signature lists shall be not less than one year from the day of the official publication of the results of the election of deputies of the State Duma.

4. The first copies of the protocols of voting results, protocols of the results of the election of deputies of the State Duma, summary tables of the election commissions, the reports of the election commissions on the receipt and expenditure out of federal budget funds allocated for preparation and conduct of the elections, the final financial reports of the political parties that registered federal lists of candidates, their regional branches shall be held in safe storage not less than five years from the day of the official publication of the results of the election of deputies of the State Duma.

5. If a complaint (application) concerning the decision of an election commission on voting results, results of the election of deputies of the State Duma is pending at court or if a criminal case was initiated in connection with the violation of the electoral rights of citizens of the Russian Federation, the safe storage periods of the relevant election documents shall be extended for as long as necessary until the court decision becomes legally effective or the case is dismissed in accordance with the law.

6. Until the documents connected with preparation and conduct of the election of deputies of the State Duma are transferred to superior election commission or to the archives or until these documents are disposed of upon the expiry of their safe storage periods, the responsibility for their preservation shall be imposed on the chairman (deputy chairman) and the secretary of the relevant election commission.

Chapter 12.FILLING OF VACANT DEPUTY SEATS

Article 89.Filling of Vacant Deputy Seats, Removal of Registered Candidate From the Federal List of Candidates Admitted to Distribution of Deputy Seats, Federal List of Candidates Received Deputy Seats

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

 

1. If the powers of a deputy of the State Duma are terminated before the expiry of their period, the permanent collective leading body of the political party of which federal list of candidates the deputy was elected may propose to the Central Election Commission the name of some other registered candidate from the same federal list of candidates to fill the vacant deputy seat. Such name shall be proposed out of the number of registered candidates included in the same regional group of candidates (in the all-federal part of the federal list of candidates) as the deputy of the State Duma whose powers were terminated. If only registered candidates occupying deputy seats and (or) registered candidates, who do not occupy deputy seats and who informed the aforementioned body of the political party in writing on their refusal to fill this vacant deputy seat, remain in the given regional group of candidates, the aforementioned body of the political party may propose the name of a registered candidate from another regional group of candidates (from the all-federal part of the federal list of candidates). Candidates for filling a vacant deputy seat shall be proposed in accordance with the procedures set forth in the statutes of the given political party. In this case, the Central Election Commission of the Russian Federation shall transfer the vacant deputy seat to the registered candidate proposed by the aforementioned body of the political party.

2. If, within 14 days of the day of the early termination of powers of a deputy of the State Duma, the political party does not use its right mentioned in Clause 1 of this Article, the Central Election Commission of the Russian Federation in the order stipulated by Clause 9, Article 82.1 or Clause 8, Article 83 of this Federal Law, shall transfer the vacant deputy seat to another registered candidate from the federal list of candidates of the deputy of the State Duma whose powers were terminated. Such deputy seat shall not be transferable to a candidate who already received a deputy seal earlier and whose powers were terminated, if his vacant seat has not been filled.

(as amended by the Federal Laws of May 12, 2009, No.94-FZ, of July 25, 2011, No.263-FZ)

3. A registered candidate included in the federal list of candidates admitted to distribution of deputy seats (federal list of candidates received deputy seats in accordance with Article 82.1 of this Federal Law) may participate in the filling (receipt) of deputy seat not more than two times.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

4. A registered candidate included in the federal list of candidates admitted to distribution of deputy seats (federal list of candidates received deputy seats in accordance with Article 82.1 of this Federal Law) shall be removed from the said list if:

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

1) registered candidate submits a written application for withdrawal from the federal list of candidates admitted to distribution of deputy seats (federal list of candidates received deputy seats in accordance with Article 82.1 of this Federal Law);

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

2) registered candidate loses the right to be elected;

3) registered candidate joined a political party other than that in which federal list of candidates he was included;

4) registered candidate exercises the right mentioned in Clause 3 of this Article;

5) registered candidate is declared missing or deceased on the basis of a court decision which became legally effective;

6) death of the registered candidate.

5. A decision to remove a registered candidate from the federal list of candidates admitted to distribution of deputy seats (federal list of candidates received deputy seats in accordance with Article 82.1 of this Federal Law) on the grounds set forth in Clause 4 of this Article shall be taken by the Central Election Commission of the Russian Federation.

(as amended by the Federal Law of May 12, 2009, No.94-FZ)

6. If no registered candidates eligible to fill a vacant deputy seat remain in the federal list of candidates admitted to distribution of deputy seats, this deputy seat shall remain vacant till the next election of deputies of the State Duma, except the circumstances mentioned in Clause 10, Article 83 of this Federal Law.

7. If no registered candidates eligible to fill a vacant deputy seat remain in the federal list of candidates that received deputy seat in accordance with Article 82.1. of this Federal Law, this deputy seat shall remain vacant till the next election of deputies of the State Duma.

(Clause 7 introduced by the Federal Law of May 12, 2009, No.94-FZ)

Chapter 13.COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL RIGHTS OF CITIZENS AND THE RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON THE ELECTION OF DEPUTIES OF THE STATE DUMA

Article 90.Appealing Decisions and Actions (Inaction) Violating Electoral Rights of Citizens. Control Exercised by Election Commissions over Observance of Electoral Rights of Citizens

 

1. Appeals of decisions and actions (omissions) which violate the electoral rights of citizens shall be submitted in accordance with the procedure and within periods established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

2. Election commissions shall be obliged, within the scope of their competence, to consider the applications which they receive in the course of the election campaign concerning violations of this Federal Law, other Federal Laws as regards to regulation of preparation and conduct of the elections; carry out inquires in connection with these applications; provide written answers to the claimants within five days but not later than the day preceding the voting day, and respond immediately to applications received on the voting day or the next day. If additional verification of the facts mentioned in these applications is required, the decisions on such applications shall be taken within ten days. If the application cites the facts of violation of the provisions of this Federal Law, other Federal Laws regulating preparation and conduct of the elections, by any political party that nominated a federal list of candidates or by a candidate, the representatives of this political party or the candidate shall be immediately informed on receipt of such application. These persons may give explanations to the point of the application.

3. If a political party or a candidate violates this Federal Law, the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation may, within the scope of their competence, issue a warning to this political party, this candidate, which shall be made known to voters through the mass media or by some other method.

 

Article 91.Grounds for Cancellation of Registration of Lists of Candidates, Reversal of the Decision of the Central Election Commission of the Russian Federation to Register a List of Candidates or Refuse to Register a List of Candidates, Removal of Candidate from List of Candidates, Cancellation of Registration of List of Candidates

(as amended by the Federal Law of April 26, 2007, No.64-FZ)

1. The registration of a federal list of candidates shall be cancelled by a decision of the Central Election Commission of the Russian Federation on the basis of a decision of the political party to recall the federal list of candidates submitted to the Central Election Commission of the Russian Federation in accordance with Article 49 of this Federal Law.

2. The registration of a federal list of candidates shall be cancelled if the number of candidates who were removed from this list of candidates on the basis of the statements of candidates about their refusal to participate in the election of deputies of the State Duma, by the decision of the political party to remove a candidate from the federal list of candidates (except the removal because of compelling circumstances) on the grounds set forth in Clause 4, Article 44 of this Federal Law and Clause 9 of this Article, and also in connection with the removal from the federal list of candidates of regional groups of candidates, exceeds 25 percent of the number of candidates in a certified federal list of candidates.

3. The registration of a federal list of candidates shall be cancelled if, after removal of candidates from this federal list of candidates, removal of regional groups of candidates from this list, less than 70 regional groups of candidates remain in this list, save as otherwise provided by Clause 4 of this Article.

(as amended by the Federal Law of February 23, 2011, No.17-FZ)

4. If, after removal of regional groups of candidates on the grounds set forth in Clause 10 of this Article, the number of regional groups of candidates remaining in a federal list of candidates is less than 70 and if not more than 10 regional groups of candidates were removed, the registration of this federal list of candidates shall be cancelled provided that the removal of candidates from the list results in less than 60 regional groups of candidates remaining in this list.

(as amended by the Federal Laws of February 23, 2011, No.17-FZ, of July 25, 2011, No.262-FZ)

5. The registration of a candidate included in a federal list of candidates shall be cancelled by the Central Election Commission of the Russian Federation if the candidate loses his right to be elected.

6. The registration of a federal list of candidates shall be cancelled by the Central Election Commission of the Russian Federation on the basis of a legally effective court decision to suspend the activity of the political party that nominated this federal list of candidates or in the event of the liquidation of this political party.

7. The decision of the Central Election Commission of the Russian Federation to register a federal list of candidates, to refuse to register a federal list of candidates may be reversed by the Supreme Court of the Russian Federation on the basis of a petition of the Central Election Commission of the Russian Federation, the political party in respect of which such decision is taken, some other political party that registered a federal list of candidates, if it was established that the decision was taken by the Central Election Commission of the Russian Federation in violation of the requirements set forth in Clause 3, Article 44 of this Federal Law, other requirements of this Federal Law.

8. The registration of a federal list of candidates nominated by a political party may be cancelled by the Supreme Court of the Russian Federation on the basis of a petition of the Central Election Commission of the Russian Federation or some other political party that registered a federal list of candidates, not later than in five days before the voting day in the following cases:

1) new circumstances are revealed that constitute a ground for the refusal of registration of the federal list of candidates in accordance with Paragraph 1, 4.1, 4.2, 7, 8 or 10, Clause 3, Article 44 of this Federal Law. “New circumstances” shall mean the circumstances which existed when a decision was taken to register the federal list of candidates but which were not known and could not be known to the Central Election Commission of the Russian Federation;

(as amended by the Federal Law of February 9, 2009, No.3-FZ)

2) the leader of the political party repeatedly abused his office or official position;

3) it was established that voters were bribed by the political party, its attorney, authorized representative, including an authorized representative for financial issues, or by some other person or organization acting on their instructions;

4) expenditure made by the political party, its authorized representative for financial issues from sources other than the electoral fund of the political party and electoral funds of its regional branches to achieve a definite result in the elections exceeds 5 percent of the maximum limit of all expenditure out of electoral fund of a political party established by this Federal Law;

5) expenditure made by the political party, its authorized representative for financial issues out of electoral fund exceeds by more than 5 percent the maximum limit of all expenditure out of electoral fund of a political party established by this Federal Law;

6) the political party failed to observe the restrictions imposed by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum"; a candidate included in the registered federal list of candidates failed to observe the restrictions imposed by Clause 1, Article 56 of this Federal Law, if the political party that nominated this federal list of candidates does not remove this candidate from the list as provided by Clause 11 of this Article;

7) the political party that registered a federal list of candidates repeatedly failed to comply with the restrictions set forth in Clause 5.2, Article 62 of this Federal Law;

8) it was established that during the period mentioned in Paragraph 4, Clause 4.2, Article 5 of this Federal Law (but before nomination of a federal list of candidates) this political party carried out the activity mentioned in Paragraph “g,” Clause 8, Article 76 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" or a similar fact was established in respect of any candidate included in the registered federal list of candidates during the aforementioned period (but before the citizen acquired the status of a candidate) if the political party that nominated this federal list of candidates does not remove this candidate from the list as provided by Clause 11 of this Article.

9. The registration of a candidate included in a registered federal list of candidates nominated by the political party may be cancelled by the Supreme Court of the Russian Federation on the basis of a petition of the Central Election Commission of the Russian Federation or some other political party that registered a federal list of candidates in the following cases:

1) new circumstances were revealed that constitute a ground for the removal of the candidate from the federal list of candidates in accordance with Paragraph 1, 2, 3, 4, or 6, Clause 4, Article 44 of this Federal Law. “New circumstances” shall mean the circumstances which existed when a decision was taken to register the federal list of candidates but which were not known and could not be known to the Central Election Commission of the Russian Federation;

2) the candidate repeatedly abused his office or official position;

3) the candidate failed to observe the restrictions imposed by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum";

4) it was established that a candidate concealed the information on his record of conviction;

5) it was established that voters were bribed by the candidate or a person or organization acting on such instructions.

10. A regional group of candidates may be removed from a federal list of candidates by a decision of the Supreme Court of the Russian Federation taken on the basis of a petition of the Central Election Commission of the Russian Federation if this regional group of candidates exceeded the expenditure out of electoral funds of the given regional group of a political party by more than 5 percent of the maximum limit of all expenditure out of this electoral fund determined in accordance with this Federal Law.

11. The political party in respect of which proceedings were initiated in connection with the protection of electoral rights of citizens on the grounds set forth in Paragraph 6 or 8, Clause 8 of this Article may remove from its federal list of candidates the candidate whose actions were challenged in a lawsuit. The proceedings in this case may be terminated if such candidate is removed from the federal list of candidates before adoption of a court decision in this case.

12. If a political party failed to observe the restrictions imposed by Clause 1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" or a citizen, a political party performed activities mentioned, respectively, in Paragraph “g,” Clause 7 and Paragraph “g,” Clause 8, Article 76 of the aforementioned Federal Law before the citizen acquired the status of a candidate, before the political party nominated a federal list of candidates, the registration of the federal list of candidates may be cancelled on the basis of a prosecutor’s motion.

13. A petition for canceling registration of a candidate or a federal list of candidates, for the removal of a regional group of candidates from a federal list of candidates may be filed with a court not later than in eight days before the voting day.

 

Article 92.Reversal of Decision of Election Commission on Voting Results, Results of Election of Deputies of the State Duma

 

1. In the event of any violations of this Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" in the conduct of voting or establishment of voting results, superior election commission, before it establishes the voting results and the election results, may reverse the decision of a subordinate election commission on the voting results and order a vote recount or, if the violations do not allow reliable establishment of the results of the expression of the voters' will, it may cancel the voting results, election results.

2. After the voting results and the results of the election of deputies of the State Duma were established, the decision of a subordinate election commission may be reversed only by a court, or a court may rule that changes be made to the protocol of the election commission and (or) the summary table. The election commission shall inform the Central Election Commission of the Russian Federation of its decision to file a petition with a court to cancel the voting results or make changes to the protocol and (or) the summary table. If the court rules that changes be made to the protocol of the election commission and (or) the summary table, the election commission that prepared this protocol and (or) summary table shall prepare a new protocol of voting results marked “Repeat” and (or) a new summary table marked “Repeat.”

3. Having reversed the decision of an election commission on the voting results the court of an appropriate level may also order vote recount, if any violations of this Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" were committed in the conduct of voting or establishment of voting results. If the violations do not allow reliable establishment of the results of the expression of the voters' will, the court may invalidate the voting results.

4. A court may reverse the decision of the Central Election Commission of the Russian Federation on the results of the election of deputies of the State Duma after the establishment of these results on the basis of at least one of the following facts determined by the court:

1) expenditure made by any political party, which federal list of candidates was admitted to distribution of deputy seats, out of sources other than its electoral fund and electoral funds of its regional branches to finance its election campaign exceeds 10 percent of the maximum limit of all expenditure out of electoral fund of a political party established by this Federal Law;

2) a political party, whose federal lists of candidates was admitted to distribution of deputy seats, was bribing voters and this violation does not  allow establishment of the real will of the voters;

3) in the course of election campaigning a political party, whose federal lists of candidates was admitted to distribution of deputy seats, failed to comply with the requirements of Clause 1, Article 62 of this Federal Law and this does not allow establishment of the real will of the voters;

4) the leader of a political party, whose federal lists of candidates was admitted to distribution of deputy seats, abused his office or official position and this violation does not allow establishment of the real will of the voters.

5. Apart from the grounds listed in Clause 4 of this Article the court of an appropriate level may also reverse the decision of an election commission on the voting results and results of the election of deputies of the State Duma in the event of the violation of the rules for preparation of voters’ lists and the procedure for the formation of election commissions; unlawful refusal to register a federal list of candidates admitted as such after the voting day; other violations of the election legislation of the Russian Federation if such violations do not allow establishment of the real will of the voters.

6. If the committed violations do not allow reliable establishment of the expression of the real will of the voters, the reversal by a court of a decision on the results of the election of deputies to the State Duma shall results in invalidation of the election results.

7. The decision of an election commission on the voting results shall not be reversed and the voting results and election results shall not be invalidated because of violations of this Federal Law which were conducive to the election of candidates or aimed to encourage or encouraged voters to vote for federal lists of candidates that were not admitted to distribution of deputy seats on the basis of the voting results.

8. Violations mentioned in Clause 4 of this Article, which were committed by certain political parties, may result in cancellation by a court of the decision to admit the federal lists of candidates nominated by these political parties to distribution and redistribution of deputy seats.

8.1. Violations mentioned in Clause 4 of this Article, which were committed by a political party, the federal list of candidates of which received a deputy seat in accordance with Article 82.1 of this Federal Law, may result in cancellation by a court of the decision to provide the federal list of candidates of this political party a deputy seat. In this event a deputy seat shall remain vacant till the next election of deputies of the State Duma.

(Clause 8.1. introduced by the Federal Law of May 12, 2009, No.94-FZ)

9. If a regional group of candidates violated the requirements of this Federal Law by exceeding the expenditure out of the electoral fund of the relevant branch of the political party by more than 10 percent over and above the maximum limit of all expenditure out of this electoral fund, the decision on provision of deputy seats to this regional group of deputies shall be cancelled by a court and there shall be no redistribution of deputy seats within the federal list of candidates.

10. If voting results in some election precinct, territory, subject of the Russian Federation are invalidated after the superior election commission completed preparation of the protocol of voting results, election results, this election commission shall be obliged to prepare a new protocol of voting results, election results marked “Repeat.”

11. On the basis of the protocols of voting results marked “Repeat” or “Vote Recount” prepared after superior election commission prepared the protocol of voting results, election results and the summary table, appropriate changes shall be made to this protocol and this summary table by superior election commission.

 

Article 93.Responsibility for Violation of the Legislation of the Russian Federation on the Election of Deputies of the State Duma

 

The responsibility for the violation of the legislation of the Russian Federation on the election of deputies of the State Duma shall be established by the Federal Laws.

Chapter 14. CONCLUDING AND TRANSITIONAL PROVISIONS

 

Article 94. Entry into Force of this Federal Law

 

1. This Federal Law shall enter into force on December 7, 2006 with the exception of Clause 6 of this Article.

2. Clause 6 of this Article shall take effect from the day of the official publication of this Federal Law.

3. The Federal Law shall apply to the election of deputies of the State Duma of the convocation to be elected after its entry into force.

4. From December 7, 2006 the following legislative provisions shall be declared null and void:

1) Articles 1 - 85, Article 87, Clauses 3 - 5 of Article 88, Articles 89 - 91, Clauses 2 - 4 of Article 92, Articles 93 - 99, Annexes 1 - 5 of the Federal Law of December 20, 2002, No.175-FZ “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2002, No. 51, Art. 4982);

2) The Federal Law of June 23, 2003, No.82-FZ “On the Introduction of Amendments to Clause 2, Article 5 of the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2003, No. 26, Art. 2571);

3) Article 2 of the Federal Law of June 23, 2003, No.83-FZ “On the Introduction of Amendments and Supplements to Paragraph “g,” Clause 5, Article 40 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" and Paragraph 8, Clause 4, Article 49 of the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2003, No. 26, Art. 2572);

4) The Federal Law of June 23, 2003, No.84-FZ “On the Introduction of Amendments to Paragraph 2, Clause 4, Article 98 of the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2003, No. 26, Art. 2573);

5) Articles 2 and 3 of the Federal Law of June 23, 2003, No.85-FZ “On the Introduction of Amendments to Article 36 of the Federal Law “On Political Parties” and the Introduction of Amendments and Supplements to the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2003, No. 26, Art. 2574);

6) The Federal Law of July 4, 2003, No.93-FZ “On the Approval of the Scheme of Single-Seat Electoral Districts for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2003, No. 27, Art. 2707).

5. As of the day of the termination of powers of the State Duma acting as of the day on which this Federal Law enters into force, the Federal Law of December 20, 2002, No.175-FZ “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” (Collection of Laws of the Russian Federation, 2002, No. 51, Art. 4982) shall be declared null and void.

6. In the event of the dissolution of the State Duma of the convocation acting as of the day of the official publication of this Federal Law, this Federal Law shall enter into force and the Federal Laws and separate provision of the Federal Laws mentioned in Clause 4 of this Article shall be declared null and void from the day of the official publication of the decree of the President of the Russian Federation dissolving the State Duma of the aforementioned convocation.

 

Article 95. Transitional Provisions

 

1. Non-voting members of election commissions, appointed before this Federal Law enters into force by an electoral bloc whose federal list of candidates was admitted to distribution of deputy seats in the State Duma of the convocation acting as of the day on which this Federal Law enters into force, shall exercise their powers until the expiry of the period of these powers. If, after this Federal Law enters into force, the powers of these members of election commissions are terminated by a decision of the body of the electoral bloc, such powers shall not be transferable to any other person.

2. If the municipal formation has no head of the local administration and the statutes of the municipal formation does not designate a person authorized to carry out electoral actions in accordance with this Federal Law, then these electoral actions shall be carried out by the higher official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) or by some other official appointed by him.

 

V. PUTIN

President
of the Russian Federation

Moscow, Kremlin
May 18, 2005

No. 51-FZ

 

SIGNATURE LIST

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