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Человек раб потому, что свобода трудна, рабство же легко. Николай Александрович Бердяев (1874-1943), русский религиозный и политический философ


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26.08.2019, понедельник. Московское время 02:06

Table of Amendments to the Federal Law «On Public Control Over Elections ....» Recommended by the Committee for Legislation and Judicial and Legal Reform to be Rejected

No

Text of the bill after the first reading

Amendment suggested by

Amendment comments suggestions

Committee's resolution

1

Entire Law

Oblast Duma of Kastroma

To implement this Law as the law «On Amendments and Changes in the Federal Law «On Basic Guarantees...»

To be rejected. The proposal will be taken into account while completing the law, since it is not desirable to make any changes in effective election laws.

2

 

The State Council of the Maryi El Republic

To implement this Law as the law «On Amendments and Changes in the Federal Law «On Basic Guarantees... « and other laws without any increase in the number of observers representing citizens

To be rejected. The proposal will be taken into account while completing the law.
The bill does not stipulate increasing the number of observers representing citizens.

3

 

The State Council of the Komi Republic

A period should be inserted in the title of the law after the word «referendums» with the final para of it being deleted

To be rejected. The proposed title does not cover the scope of the law.

4

Article 2.
Observers

Observers representing candidates, electoral associations, electoral blocs as well as proxies (agents) of candidates, electoral associations, electoral blocs, foreign (international) observers, representatives of the mass media, the activities of which is regulated by the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation», Federal Law «On Elections of Deputies of State Duma of the Federal Assembly of the Russian Federation», the Federal Constitutional Law «On Referendum of the Russian Federation» as well as this Federal Law shall be entitled to be present at electoral precincts and polling stations at the referendum (hereinafter referred to as the electoral precincts) from the beginning of work of the precinct election commission, precinct commission for referendum (hereinafter referred to as the precinct election commissions) on the election day and until the report has been received from the territorial election commission, territorial commission for referendum (hereinafter referred to as the territorial election commission) concerning the acceptance of the protocol on vote returns compiled by the precinct election commission.
Observers representing citizens shall also be entitled to be present at polling stations at the period specified in Paragraph 1 of this Article. Observers representing citizens shall be also entitled to be present at the premises of the territorial election commissions from the beginning of work on the election day until the report has been received concerning the acceptance by the district election commission, commission for the subject of the Russian Federation for referendum (hereinafter referred to as the district election commission) of the protocol and summary table on vote returns compiled by the territorial election commission.
Persons listed in Paragraphs 1 and 2 of this Article are hereinafter referred to as the observers for this Federal Law.

Government of RF

The words «observers shall be entitled to be present... «should be replaced with the words «observers shall be present».

To be rejected. Legal consequences of the proposal are not clear.

5.

Article 3.
Observers, representing citizens

An observer representing citizens at an electoral precinct may be any citizen of the Russian Federation enrolled in the voter list at the relevant electoral precinct and authorized by at least ten other voters of the relevant electoral precinct for monitoring at that electoral precinct. An observer representing citizens at the territorial election commission may be a citizen of the Russian Federation enrolled in the voter list in the relevant territory and authorized by at least 50 oilier voters of the relevant territory for monitoring at the relevant territorial election commissions.
Observers representing citizens shall be directly authorized by voters.
Authorization shall be made through collecting signatures in the signature list. The signature list shall be made in the form specified in Annex 1 or Annex 2 to this federal Law.
The signature list shall contain family name, first and patronymic name, date of birth, place of residence or the observer representing citizens, the series and number of his or her passport or other identifying document.
A voter shall specify in the signature list his or her family name, first and patronymic name, year of birth (eighteen year old voters shall additionally specify the date of birth), place of residence, the series and number of his/her passport or other identifying document as well as the date of filling out the signature list and put his or their signature.
The signature list shall be presented by a person in the capacity of observer at the precinct (the territorial) election commission to (the Chairman of the precinct (territorial) commission or the person substituting for the Chairman together with the passport or oilier identifying document.
A person shall be considered an observer from the time of presenting the authorization signature list provided it has been filled out in compliance with the requirements set in this Article. The signature list may be presented and the presenting person may be considered an observer at any time within the interval specified in Paragraphs 1 and 2 of Article 2 of this federal Law. No preliminary notice shall be required concerning sending an observer to the precinct (territorial) election commission. An observer shall be responsible for accurate information contained in the signature list. Rejection of signature list may be appealed in a higher election commission or in a court of law

Government of the RF

Article 3 should be deleted

To be rejected, since the institute to be established is of significant public value.

6.

 

Lipetsk Oblast Assembly of Deputies

The word «ten» should be replaced with «twenty» in the First sentence of para 1. The figure «50» should be replaced with «100» in the second sentence.

To be rejected as this would hinder practical implementation of public control.

7.

 

Legislative Assembly of the Penza oblast (region)

the word «ten» should be replaced with the figure «100» in the first sentence of para 1. The figure «50» should be replaced with «500» in the second sentence.

To be rejected as this would hinder practical implementation of public control.

8.

 

State Council of the Komi Republic

The figures «10» and «50» in para 1 should be replace with «50» and «200» respectively.

To be rejected as this would hinder practical implementation of public control

9.

 

State Council of the Mordovia Republic

The word «ten» should be replaced with the word «fifty»; the figure «50» should be replaced with «150».

To be rejected as this would hinder practical implementation of public control

10.

 

Legislative Assembly of the Penza oblast (region)

The third sentence in para 7 should read as follows: «The initiators (group of voters) shall be obliged to notify the relevant election commission about their intention to send an observer to the polling station (territorial election commission) not later than three days prior to the election day.»

To be rejected as it sets unequal conditions for observers representing citizens.

11.

 

The Stale Council of the Komi Republic

The words «no .... shall be required» in sentence 3 of para 7 should be replaced with the words «shall be made at least 24 hours before the beginning of the vote.

To be rejected as it sets unequal conditions for observers representing citizens.

12

Article 4.
Rights of Observers

Observers at electoral precincts shall be entitled to the following:
- to be present at the electoral precinct at any time in the interval specified in Paragraph 1 of Article 2 of this Feral Law;
- to attend the procedure of counting (he number of citizens enrolled in the voter lists, the number of ballots issued to voters, the number of canceled ballots, counting the number of voles cast; compiling protocols by the precinct election commission and monitor any oilier activities to be accomplished by the precinct election commission in the interval specified in Paragraph 1 of Article 2 of this Federal Law;
- to examine voter lists;
- to attend the voting procedure conducted outside the polling station;
- to watch the vote counting at the electoral precinct from the distance allowing him/her to see the ballots counted by members of the precinct election commission;
- to examine any ballot (ballots) during vote counting conducted by the precinct election commission;
- during the counting of votes cast for individual candidates, lists of candidates, selected options at referendums accomplished by members of the precinct election commission to examine the results of the counting;
- to make copies of the protocols on vote returns as well as copies of the lists of persons attending the vote counting and compiling the protocols on vole returns;
- to submit proposals and comments to the precinct election commission, make voice or written statements concerning violations of electoral legislation;
- to appeal actions (omissions) of the precinct election commission in the territorial election commission or a court of law;
- to examine the contents of all documents prepared by the precinct election commission both after the completion of the document or at any time within the observer's term of power

Government of the RF

The paragraph concerning the observers' attendance of the voting procedure conducted outside polling stations should be deleted

To be rejected, since this provision is stipulated by a number of other election laws.

 

Observers in the territorial election commission shall be entitled to the following:
- to stay in the premises of the territorial election commission at any time within the interval specified in Paragraph 2 of Article 2 of this Federal Law;
- to examine the contents of any protocol (protocols) of the precinct election commission delivered lo the territorial election commission;
- to attend the procedure of compiling the protocols and summary tables by the territorial election commission as well as to monitor any other actions accomplished by the territorial election commission within the time frame specified in Paragraph 2 of Article 2 of this federal Law;
- to make copies of the protocols of precinct election commissions submitted to the territorial election commission, copies of the protocols and summary tables on vote returns prepared by the territorial election commission as well as copies of the lists of persons attending the vote counting and compiling the protocols on vote returns;
- to submit proposals and comments to the territorial election commission, to make voice or written statements concerning violations of electoral legislation;
- appeal actions (omissions) of the territorial election commission in a higher election commission or in a court of law;
- to examine the contents of all documents compiled by the territorial election commission both directly after their completion or at any time within the observer's term of power;
- to participate in the repeated counting of votes in the relevant election commissions in case of inaccuracies found in the protocols of precinct election commission.
Observers shall not be allowed to interfere in the activities of the precinct and territorial election commissions shall not be allowed. In the event an observer interferes in the activities of the precinct or territorial election commission, the commission shall be entitled to make a decision concerning immediate sending out of the observer from the polling station or the premises of the territorial election commission, such a decision shall be filed in the relevant protocol.
While studying the contents of voter lists, ballots, oilier electoral documents observers shall not be entitled to demand the relevant documents to be handed out.

     

13

 

The Supreme Court of Arbitration

The notions «interference of observers» and observers shall not be entitled to demand» should be specified

To be rejected, since no specific suggestions have been made.

14

 

The Supreme Court of Arbitration

The provision in para 4 «observers shall not be entitled to demand» should be brought into conformity with the provision in para 4 of Article 5 «shall be obliged to provide to any observer, upon his or her request».

To be rejected, since the two provisions are in conformity.

15.

Article 5. Ensurance of the Rights of Observers at the Precinct and Territorial Election Commissions
The counting of ballots issued to voters, canceled (unused) ballots, ballots in the portable and stationary boxes and the counting of votes in the said ballots shall be open and public and accomplished in the presence of all members of the precinct election commission, and observers.
The precinct election commission shall be obliged, upon observer's request, to provide any ballot (ballots) and other documents and materials of the election commission to observers for examination.
All figures to be filed in electoral documents shall be put down into the protocols only alter they are announced aloud in the presence of members of the commission and observers and shall be put down in writing in figures and words.
The precinct (territorial) election commission shall be obliged to proud an opportunity to any observer, upon his or her request, to make copies of the protocols and summary tables on the vote returns immediately after they are signed by (lie members of the commission as well as the lists of persons attending the vote counting. The Chairman of commission (or the person substituting for the Chairman) shall be obliged to sign in his/her own hand the copies and affix the seal of the precinct election commission.
Observer's comments and proposals shall be immediately considered by the Chairman of the election commission (or the person substituting for the Chairman) and. if required, at the session of the election commission. Infringement on or rejection, by the election commission, of the rights of observers listed in Article 4 of this Federal Law may cause invalidation of the elections at the relevant precinct (territory) upon a relevant decision made by the higher election commission or by a court of law

The State Council of the Komi Republic

Para 2 should be deleted as the provisions are stipulated in Article 4

To be rejected, since Article 4 stipulates the observers' rights. Article 5 is devoted to commission's duties, i.e. the system to ensure the rights.

16

 

Deputies of the SD of the FA of the RF: Popov S.A. Kalyagin V.A

The word «shall be put down in figures and words» should be deleted from para 3.

To be rejected, since it diminishes the reliability of the vote recording procedure.

17.

 

The State Council of the Komi Republic

The period should be placed after the word «observers» in para 3, the remaining para of the sentence being deleted.

To be rejected, see above

18

 

Deputies of the SD of the FA of the RF: Popov S.A. Kalyagin V.A

The following sentence should be inserted in para 4 after the first sentence «For this purpose the precinct (territorial) election commission shall be obliged to have adequate number of blank electoral documents with the inscription «Copy».

To be rejected, since election commissions are not to provide any services to observers and do not have a budget for these purposes.

19

 

The State Council of the Komi Republic

The word «immediately» should be deleted from paras 4 and 5.

To be rejected, since it hinders the implementation of observers' rights.

20

 

The State Council of the KhASE-Adygeya Republic

The words «in the observer's presence and in case lie/she is not available - shall be obliged to inform him/her about the decision made» should be added after the words «at the session of the election commission» in para 5.

To be rejected comments and proposals are to be considered immediately upon submission, which implies the presence of the observer.

21

 

Deputy Chairman of the People's Khural (Assembly) of the Republic of Kalmykiya

The provisions of the last para do not comply with provision of the Federal Law «On Basic Guarantees....» (para 2 Article 32) stipulating that only the district election commission is entitled to invalidate the elections.

To be rejected. There in no contradiction here as any decision made by any commission may be appealed in the court that is entitled to cancel the commission's decision.

22.

Article 6.
Verifying Vote Counting at Electoral Precinct.

On the next day after election day the verifying vote (ballot) counting shall take place at two per cent, however, at least at four electoral precincts selected by lottery held by the district election commission. If the selected electoral precinct is located in a remote or difficult to access area the time for the verifying vote counting may be postponed upon a decision of the district election commission. Candidates, their proxies (agents), authorized representatives of electoral associations (blocs) participating in the elections and proxies (agents) of electoral associations (blocs) as well as members of the district election commission with decisive and deliberative vole shall be notified in advance about the lottery and shall be entitled to attend the procedure. Representatives of the mass media shall also be entitled to attend the lottery.
The verifying vole counting shall be conducted by the precinct election commission in the presence of members of the higher election commission and observers. The results of the counting shall be filed in the protocol containing the same items as the protocol that was earlier compiled on the basis of the vote returns.
The relevant election commission shall be obliged to inform all candidates participating in the election or their proxies (agents) or authorized representatives and authorized representatives of electoral associations participating in the elections as well as observers who attended the vote counting, about the forthcoming verifying vote counting, and about the opportunity to attend the procedure. Representatives of the mass media shall also be entitled to attend the verifying vote counting.
Should the difference between the results of the verifying vote counting and the results filed in the protocol of the precinct election commission, even at one electoral precincts, is so big that it would cause changes in the range of individual candidates (lists of candidates), the preferred options at the referendum, the district election commission shall make a decision to hold another verifying vote counting at least at another five per cent of the precincts. In this event a lottery shall be conducted not later than 3 days of the decision, provided all requirements specified in Paragraph 1 of this Article are met.
If the tabulated results of the verifying vote counting conducted in compliance of Paragraphs 1 and 4 of this Article at the electoral precincts differ from the tabulated results of the protocols filed earlier by the relevant precinct election commission, to the extent that would cause the change in the range of individual candidates (list of candidates), preferred options at the referendum within the same electoral precincts, the district election commission shall make a decision regarding invalidation of the return of the elections in the relevant district and submit the materials of the verifying vole counting to a court of law.

The State Council of the Komi Republic

The term «counting» in the title and in the body of the Article should be replaced with «re-counting».

To be rejected, since it breaks the integrity of terminology.

23

 

The State Council of the Komi Republic

The cases for verifying vote counting (submitted complaints concerning violations in counting or for the sake of control) should be specified.
The persons authorized to initiate the verifying vote counting should be specified.

To be partially rejected as the provisions are stipulated in the Article..

24

 

Deputy Chairman of the People's Khural (Assembly) of the Republic of Kalmykiya

The wording of the first sentence is unclear and needs clarification.

To be rejected, it is unambiguous, and it can be specified in Regulations the Central Election Commission of the Russian Federation.

25

 

Council of the KhASE-Adygeya Republic

The words «or upon request of at least 3 observers at the polling station and 5 observers at the territorial election commission» should be added after the words election commission» in para 1.

To be rejected, as the proposed provision is excessive.

26.

 

Deputies of the SD of the FA of the RF: Popov S. A. Kalyagin V.A

The words «in a day» should be replaced with the words «in one day» in para 1.

To be rejected as the words do not exist in the paragraph.

27

 

Deputies of the SD of the FA of the RF: Popov S.A. Kalyagin V.A

The Article should be added by the following paragraphs: «If (he results obtained during the verifying vote counting at polling stations differ with the results achieved by adding the figures contained in earlier protocols of precinct election commissions to such a great extent that the ranges of some candidates (lists of candidates), preferred options at the referendum are changed, the district election commission shall announce the election (referendum) result at such precincts invalid within 24 hours after the verifying vote counting is over.
If the results obtained during the verifying vote counting at all polling stations differ with the results achieved by adding the figures contained in earlier protocols of precinct election commissions to such a great extent that the ranges of some candidates (lists of candidates), preferred options at (lie referendum are changed, or the election (referendum) is announced by the district election commission invalid at least at one third of the district's polling stations, the district election commission shall, within 24 hours after the verifying vote counting is over, make a decision regarding the invalidation of the election at the electoral district or the referendum and submit the materials of the verifying vote counting to the procurator's office.»

To be rejected. The proposed provisions should be inserted into other election laws.

28

 

Deputies of the SD of the FA of the RF: Popov S.A. Kalyagin V.A

The following paragraph should be added to the Article «If result divergence, specified in para 4 of this Article are disclosed during the verifying vote counting at a polling station, the members of the relevant election commission shall not be appointed members of any election commission in the Russian Federation within 5 next years».

To be rejected as the proposal is not applicable to the subject matter of this law.

29.

Article 7.
Promulgation of the Vote Returns

In compliance with provisions of the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation» the vote returns in an electoral precinct to the extent field in the relevant precinct election commission, shall be provided upon request, to any voter, candidate, observer or representative of the mass media for examination. The relevant precinct election commission or the agency (higher election commission or otherwise), where the documents of the relevant precinct election commission were submitted, after the expiration of the term of power, shall provide the aforesaid information.
Third copies of the protocols with statements concerning special opinion of individual members of the precinct election commission, being an inseparable para of the protocols, shall be displayed immediately after the end of the work of the precinct election commission at the place with free access for voters and be guarded by militia (police) until 21:00 on the next day after election day.
In compliance with the provisions of the Federal Law «On Basic Guarantees on Electoral Rights of Citizens of the Russian Federation» the vote returns for the territory under the jurisdiction of the territorial election commission and for the electoral district shall be provided, upon request, to any voter candidate, observer or representative of the mass media for examination, to the extent contained in the protocol of the relevant election commission and the subordinate commissions (precinct/territorial election commissions). The aforesaid information shall be provided either by the relevant election commission or the agency (higher election commission or other) where the documents of the relevant election commission were submitted to, after its term of power has expired.
The territorial election commission shall be obliged to publish in the mass media or otherwise the complete information contained in its protocol and summary table on vote returns not later than in 5 days after election day and the district election commission - not later than 12 days after the election day. If the territorial (district) election commission fails to receive the final official information from any subordinate commission by the specified term, the available tabulated results shall be published and the outstanding information shall be published later.

The State Council of the Komi Republic

Para 2 should be deleted as the provision is stipulated in para 3 of this Article and in Article 33 of the Federal Law «On Basic Guarantees...»

To be rejected. The statement is wrong, the provision is stipulated only in para 2 of this Article.

30

Article 9.
Liability for Violation of the Law

Failure to meet the requirements of this Federal Law shall be prosecuted in compliance with the criminal law and laws on administrative offenses regulating the violation of electoral rights of citizens, gross or repeated violations of this Federal Law may constitute the ground for a court of law to invalidate the election returns at the relevant precinct, territory or electoral district.

Deputy Chairman of the People's Khural (Assembly) of the Republic of Kalmykiya

It does not correspond the provisions of the Federal Law «On Basic Guarantees...» (para 2, Article 32), stipulating that only the district commission is entitled to invalidate the election.

To be rejected. There is no contradiction, as any decision made by any commission may be appealed in the court that is entitled to cancel the commission's decision.

31

Annexes 1 and 2

Legal Department of the Federation Council

The provision should be inserted stipulating possibility of signature list verification.

To be rejected. The proposed provision is contained in the body of the law.




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