List Of Federal Laws And Other Normative Acts Regulating Election Of The President Of The Russian Federation
Name of Law
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Examples of Articles Regulating Election of the RF President
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Federal Laws
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Article 2
In accordance with the Federal Law «On Election of the President of the Russian Federation» the following comprises the legislation on the election of the President:
- Constitution of the Russian Federation,
- Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation»,
- Federal Law on the election of the President of the Russian Federation,
- other federal laws.
Other federal laws comprising the legislation on the election of the President include laws regulating certain aspects of the election process and determining basic legal notions used for regulating elections.
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Civil Code of the Russian Federation (CC).
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Article 21
capability of a citizen is determined.
Art. 21, Part 1
the ability of a citizen through his actions to acquire and exercise his civil rights, to create for himself civil obligations and fulfill them (civil capability) fully arises upon attaining maturity, i.e. upon reaching 18 years of age.
Article 48
the notion of a legal entity is determined.
Article 153-181
general rules for concluding transactions are determined.
Comments. The norm of Article 169 concerning the invalidation of transactions concluded for the purpose contradicting the foundations of the law, order and morals applies to the violation of the procedure for financing an election campaign.
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Civil Procedural Code of the RSFSR (CPC)
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Establishes the procedure for legal proceedings in all courts of the Russian Federation including cases concerning complaints against actions of administrative bodies and officials. The latter category includes cases concerning complaints in connection with the application of the election legislation.
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Law of the Russian Federation on Appeal-ing Actions and Deci-sions in Court which Violate Rights and Freedom of Citizens dated 27 April 1993.
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Article 1
every citizen is entitled to submit an appeal to a court if he considers that his rights and freedom have been violated by illegal actions (decisions) of state bodies, bodies of local self-government, institutions, enterprises and associations thereof, public associations or officials.
Comments: in accordance with this law actions of state bodies, bodies of local self-government, institutions, enterprises and associations thereof, public associations or officials violating the electoral rights of citizens of the Russian Federation may be appealed. This law applies unless the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation», federal laws on elections or other federal laws provide for a special procedure for appealing such actions.
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Federal Law on Public Associations dated 14 April 1995.
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Article 5
a public association is understood as a voluntary self-governed non-profit entity created upon the initiative of citizens who united on the basis of common interests for the implementation of common purposes specified in the charter of the public association.
Article 7
public associations may be established in one of the following organizational and legal forms:
- public organization;
- public movement;
- public foundation;
- public institution;
- body of public self-activity.
Federal Law regulates the procedure for establishment, activity, reorganization and liquidation of public associations.
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Federal Law «On Charity Activity and Charity Organizations».
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Article 6
A charity organization is a non-government (non-state and non-municipal) non-profit organization established for the fulfillment of purposes stipulated by this Federal Law by carrying out charity activity in the interest of the society in general or certain categories of citizens.
Article 7
Charity organizations are established in the form of public organizations (associations), foundations, institutions or in other forms stipulated by federal laws for charity organizations. A charity organization may be established in the form of an institution if its founder is a charity organization.
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Law of the Russian Federation on Mass Media dated 27 December 1991 with Alterations and Addenda dated 13 January 1995.
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Article 2
definition of a mass media organization.
Article 7
notion of a founder of a mass media organization.
Article 18
status of a founder of a mass media organization.
Article 19
status of an editorial board of a mass media organization.
Article 47
rights of a journalist are determined.
Article 49
duties of a journalist are determined; the procedure for disseminating mass information and fundamentals of relations among mass media and citizens and organizations are also determined.
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Federal Law «On Fundamentals of State Service of the Russian Federation» dated 5 July 1995.
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Article 12
determines the «state servant» notion. A state servant is a citizen of the Russian Federation who in the procedure established by the federal law performs state position duties of the state service for monetary remuneration paid from the federal budget of the relevant budget of a constituent entity of the Russian Federation».
Article 10
restrictions related to state service are described. In particular, a state servant is not entitled to use facilities of material and technical, financial and informational support, other state property and official information for purposes other than official ones and to use his official position in the interests of political parties and public associations.
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Code of Laws on Labor of the Russian Federation.
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Article 111
during the period of performing state or public duties, if in accordance with the effective legislation these duties may be performed during business hours, it is guaranteed that employees retain jobs (positions) and average salaries. A citizen shall retain his average salary if he exercises the electoral right.
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Federal Law on General Principles of Organization of Local Self-government in the Russian Federation dated 12 August 1995.
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Article 1
«body of self-government» notion is defined.
Article 21
«municipal servant» notion is defined.
Article 60
it is established that the restrictions set forth by the federal legislation for state servants shall apply to municipal servants until the relevant federal law (on municipal service) is adopted.
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Law of the Russian Federation on Russian Federation Citizenship dated 28 November 1991.
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Whether a person is a citizen of the Russian Federation and the procedure for acquisition and termination of the citizenship of the Russian Federation are established.
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Law of the Russian Federation on the Right of Citizens of the Russian Federation of Freedom of Movement, Selection of Place of Stay and Place of Residence within the Russian Federation dated 25 June 1993.
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Article 2
«place of stay» and «place of residence» notions are defined.
Place of stay means a hotel, sanatorium, rest home, boarding house, camp ground, tourist base, clinic, another similar institution as well as dwelling premises which are not a citizen's place of residence where he temporarily resides.
Place of residence means a dwelling building, apartment, official dwelling premises, specialized buildings (dormitory, hotel-shelter, rotating stock building, special building for solitary and elderly people, boarding house for the disabled, veterans and others) as well as other dwelling premises where a citizen permanently or predominantly resides as an owner, under a lease (sublease) contract or on other grounds provided for by the legislation of the Russian Federation.
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Criminal Code of the RSFSR (CC).
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Article 21 and 24
punishment is determined in the form of imprisonment.
Comments: in accordance with Article 32 of the Constitution of the Russian Federation, citizens kept in places of confinement by court sentences are not entitled to elect or be elected.
Article 132
responsibility is established for impeding the exercise by a citizen of the Russian Federation of his electoral rights or work of election commissions. Impeding must entail graft, fraud, use of violence or a threat to use it, as well as a threat to destroy property.
Article 133
responsibility is established for forgery or counterfeiting election documents, deliberately incorrect counting of votes or the determination of election results.
Article 133-1
determines responsibility for violation of the election legislation by a person who during the year has been subject to an administrative reprimand for similar violations.
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Code of the RSFSR on Administrative Offenses
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Article 40-1
responsibility is established for impeding the exercise by a citizen of his electoral rights, violation of the secret ballot, impeding work of election commissions by officials, failure by officials to submit to an election commission information and materials required for its work or their failure to fulfill a decision of the commission adopted within the limits of its competence.
Article 40-2
responsibility is established for conducting an election campaign when it is prohibited.
Article 40-3
responsibility is established for disseminating false information concerning a candidate.
Article 40-4
responsibility is established for violating the rights of a member of an election commission, trustee of an electoral association or candidate for deputy, an observer or foreign (international) observer.
Article 40-5
responsibility is established for violating the right of citizens to familiarize themselves with the list of voters.
Article 40-6
responsibility of a member of an election commission is established for issuing ballots to citizens for purposes of granting them an opportunity to vote for other persons.
Article 40-7
responsibility of an employer (administration) is established for refusal to grant a registered candidate, candidate's trustee or member of an election commission time off provided for by the law to participate in the preparation and holding elections.
Article 40-8
responsibility of a mass media organization or journalist is established for violating terms and conditions of conducting an election campaign stipulated by the election legislation.
Article 40-9
responsibility is established for printing and disseminating anonymous printed materials during a period of preparation and holding elections.
Article 40-10
responsibility is established for deliberate destruction and damaging printed campaign materials.
Article 40-11
responsibility of a candidate, person elected as a deputy or for an elected position or an electoral association (electoral bloc) is established for failure to submit information concerning the amount of proceeds (donations) to electoral funds and sources of formation of electoral funds as well as a report concerning all expenses incurred for holding elections, as well as the responsibility of a chairman of an election commission or a person in place of him for failure to publish within a specified period a report concerning spending budget funds allocated for the preparation and holding of elections, as well as information and reports submitted by candidates or electoral associations (blocs).
Article 40-12
responsibility of a candidate is established for illegal acceptance of donations from foreign sources.
Article 40-13
responsibility is established for failure to submit or publish information concerning voting or election results. Responsibility is differentiated for chairmen of election commissions of various levels.
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II. Edicts of the President of the Russian Federation
- Edict of the President of the Russian Federation No. 2335 dated 31 December 1993 «On Judicial Chamber for Informational Disputes under the President of the Russian Federation»
- Edict of the President of the Russian Federation No. 228 dated 31 January 1994 «On Approval of Statute on Judicial Chamber for Informational Disputes under the President of the Russian Federation»
- Edict of the President of the Russian Federation No. 1723 dated 23 August 1994 «On Development and Establishment of «Vybory» [Elections] State Automated System of the Russian Federation»
- Edict of the President of the Russian Federation dated 28 February 1995 «On Ensuring Establishment, Functioning and Development of «Vybory» [Elections] State Automated System of the Russian Federation»
III. Acts of the Government of the Russian Federation, Federal Ministries and Agencies
- RULES for registration and removal of a citizen of the Russian Federation from the register at the place of stay and place of residence within the Russian Federation approved by the ordinance of the Government of the Russian Federation dated 17 July 1995
- Instruction on the procedure for executing registration and removal of citizens of the Russian Federation from the register by bodies of internal affairs at the place of stay and place of residence within the Russian Federation approved by the order of the Minister of Internal Affairs dated 23 October 1995
- Instruction of the State Tax Service of the Russian Federation dated 29 June 1995 «On Application of the Law of the Russian Federation `On Income Tax on Individuals'»
Comments: this instruction approves the form of the income declaration.
IV. Normative and Certain Other Acts of the Central Election Commission of the Russian Federation Regulating Election of the President of the Russian Federation:
- Temporary statute on system administrator of the information center of the election commission approved by the resolution of the Central Election Commission of the Russian Federation dated 28 July 1995
- Instruction on the procedure for financing events related to elections of the President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, to other federal state bodies stipulated by the Constitution of the Russian Federation, and activities of election commissions, approved by the resolution of the Central Election Commission of the Russian Federation dated 28 July 1995
- Instruction on the procedure for accounting for proceeds and spending monetary assets of electoral funds of candidates for President of the Russian Federation approved by the resolution of the Central Election Commission of the Russian Federation dated 1 February 1996
- Explanations on the procedure for submitting an income declaration for a candidate for President of the Russian Federation approved by the resolution of the Central Election Commission of the Russian Federation dated 14 February 1996
- Calendar plan of events related to the preparation and holding of elections of the President of the Russian Federation approved by the resolution of the Central Election Commission of the Russian Federation dated 22 January 1996
- Explanations on the procedure for collecting signatures in support of a candidate for the President of the Russian Federation, acceptance and verification of signature lists and other documents submitted to the Central Election Commission of the Russian Federation by authorized representatives of electoral associations, electoral blocs and initiative groups of voters approved by the resolution of the Central Election Commission of the Russian Federation dated 22 January 1996
- List of documents submitted to the Central Election Commission of the Russian Federation by electoral associations, electoral blocs and initiative groups of voters in connection with elections of the President of the Russian Federation approved by the decision of the Central Election Commission of the Russian Federation dated 13 December 1995 and supplemented by the decisions of the Central Election Commission of the Russian Federation dated 14 and 21 February 1996
- List of election documents issued by the Central Election Commission of the Russian Federation to electoral associations, electoral blocs, initiative groups of voters and candidates for President of the Russian Federation in connection with elections of the President of the Russian Federation
- Explanations on the procedure for activities of trustees of candidates for President of the Russian Federation, members of election commissions with the right of a deliberative vote, authorized representatives of electoral associations, electoral blocs, initiative groups of voters, observers and representatives of the mass media when holding elections for President of the Russian Federation approved by the resolution of the Central Election Commission of the Russian Federation dated 26 February 1996 and supplemented by the resolution of the Central Election Commission of the Russian Federation dated 25 March 1996
- Explanations on the procedure for activities of foreign (international) observers when holding elections for President of the Russian Federation approved by the resolution of the Central Election Commission of the Russian Federation dated 26 February 1996
- Resolution of the Central Election Commission of the Russian Federation dated 13 March 1996 «On Explanations of Certain Issues of Organization of Activities of Precinct Election Commissions Formed at Election Precincts Established Beyond the Territory of the Russian Federation and Their Interaction with Ministries, Agencies and the Central Election Commission of the Russian Federation»
- Resolution of the Central Election Commission of the Russian Federation dated 20 March 1996 «On Labor Remuneration for Members of Territorial (Rayon, City and Others) and Precinct Election Commissions with the Right of a Deciding Vote During Preparation for and Holding of Elections for President of the Russian Federation»
- Resolution of the Central Election Commission of the Russian Federation dated 20 March 1996 «On Explanations on the Procedure for Issuing and Accounting for Absentee Voting Certificates for the Right to Participate in Elections for President of the Russian Federation and on the Form of Register of Absentee Voting Certificate Issuance»
- Resolution of the Central Election Commission of the Russian Federation dated 20 March 1996 «On Explanations of the Procedure for Compiling List of Voters by Precinct Election Commission for Holding Elections for President of the Russian Federation and Submitting It to the General Public for Familiarization»
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