.



Юридическая консультация онлайн

, , , , . , . . ,


:

» 
» 
» 
» X-files
» 
» 
» 
» 
» 
» 
» English

:

Рейтинг@Mail.ru




06.08.2020, . 13:39

EXPLANATION On the Procedure of Issue and Registration of Absentee Voting Certificates to Vote in Elections of the President of the Russian Federation.

Approved
by the Resolution of the
Central Election Commission
of the Russian Federation
dated March 20,1996 N___

In compliance with part four of Article 51 of the Federal Law «On Election of the President of the Russian Federation» in the event a citizen included in the voting list finds out less than 30 days before the election day, that he will not be able to come to the voting premises of the electoral precinct, where he is included in the voting lest, he is entitled to get at precinct election commission of aforesaid electoral precinct an absentee voting certificate to vote at the election of the President of the Russian Federation, including at the second voting. In the event above mentioned circumstances occur after the second voting was fixed, the citizen, who had not received an absentee voting certificate before the day of the general election, is entitled to get an aforesaid certificate in an established order starting from the day the relevant resolution of the Central Election Commission was published in the mass media outlets.

The form of absentee voting certificate was approved by the resolution of the Central Election Commission of the Russian Federation dated January 22, 1996 N69/5 84-11.

Absentee voting certificates are electoral documents of strict accountability and have unified numbering within the territory of the Russian Federation.

Transfer of absentee voting certificates by higher election commission to election commission of lower level should be legalized by the Act on transfer of absentee voting certificates to vote at the election of the President of the Russian Federation, signed by chairman, and in his absence - by deputy chairman or secretary of higher election commission, and by chairman, and in his absence - by deputy chairman or secretary of election commission of lower level, and should be certified by the seal of higher election commission. The Act should be made in two copies, one of them left at higher election commission, and the other transferred to election commission of lower level. Specimen of act on transfer of absentee voting certificates is enclosed.

Transfer of absentee voting certificates to precinct election commissions should be made not less than 35 days before the election day.

The Ministry of Foreign Affairs of the Russian Federation should make arrangements to transfer absentee voting certificates to precinct election commissions at an electoral precinct outside the territory of the Russian Federation.

Absentee voting certificate should be issued to the voter by the member of precinct election commission on the basis of oral application of the voter, included in the voting list of relevant electoral precinct, upon presentation of passport or any other identification document. Upon receipt of absentee voting certificate (lie voter should sign for it in the voting list in voting ballot receipt column, indicating date of receipt, and in the Register of the issue of absentee voting certificates.

After absentee voting certificate is issued, member of precinct election commission should write down in the column «special notes'' of the voting list «absentee voting certificate issued'' and put the number of absentee voting certificate. Member of election commission should sign in voting ballot issue column.

The issue of absentee voting certificate should be registered in the special Register of issue of absentee voting certificates to vote at the election of the President of the Russian Federation, the form of which was set forth by the resolution of the Central Election Commission of the Russian Federation, dated March 20. 1996 N_____. After the Register of absentee voting certificates is filled out, it should be signed by chairman and secretary of precinct election commission and certified by the seal of precinct election commission.

When determining voting results, precinct election commission should count the number of issued absentee voting certificates, number of unused absentee voting certificates, and after the second voting - number of absentee voting certificates, handed over to the commission, and compile relevant acts, which should be signed by chairman and secretary of precinct election commission and certified by the seal of aforesaid election commission.

After the official announcement of general voting or second voting results precinct election commission should null unused absentee voting certificates and compile relevant act, which should be signed by chairman and secretary of precinct election commission and certified by the seal of aforesaid commission.

Nullified absentee voting certificates, and after the second voting - absentee voting certificates handed over to the commission should be kept together with voting ballots.

Approved by the Resolution of the
Central Election Commission
of the Russian Federation
from June 19, 1996 N104/823 - II

CLARIFICATION
of the issues pertaining to preparation and conduct of the repeat voting at election of the President of the Russian Federation

1. General provisions

1.1 In compliance with Article 56 of the Federal Law on Election of the President of the Russian Federation (hereafter referred to as the Federal Law) in those cases when more than two candidates to the President of the Russian Federation have been included in the ballot and none of them have been elected the Central Election Commission of the Russian Federation sets the date for repeat voting for election of the President of the Russian Federation between the two candidates that have received the highest number of votes.

If only one candidate to the President of the Russian Federation remains before the repeat voting, the voting is again appointed by the Central Election Commission of the Russian Federation between the two candidates, chosen by procedures set forth in Part 3 of Article 56 of the Federal Law. In this case the day for repeat voting is set by the Central Election Commission of the Russian Federation for the first day-off before the end of the period designated in Part 2 of Article 56 of the Federal Law.

1.2 The repeat voting is conducted in compliance with the provision of the Federal Law except the provision stipulated in Part 4 of Article 55 of the Federal Law providing that the elections are considered invalid by the Central Election Commission of the Russian Federation if less than a half of registered voters took part in them.

2. Preparation of the repeat voting at election of the President of the Russian Federation

2.1 The Central Election Commission of the Russian Federation, election commissions in the subjects of the Russian Federation as well as territorial and precinct election commissions are responsible for preparation and conduct of the repeat voting for election of the President of the Russian Federation. The composition of all election commissions remains unchanged and is the same as they were formed for election of the President of the Russian Federation for June 16, 1996.

2.2 The term of authority of territorial and precinct election commissions expires upon publication of official results of the repeat voting at election of the President of the Russian Federation.

2.3 In compliance with Article 19 of the Federal Law pertaining to the preparation and conduct of elections, authority of the members of the Central Election Commission of the Russian Federation and subject election commissions with the right of deliberative vote appointed by a candidate for President of the Russian Federation who is voted upon in the repeat voting extend till completion of registration of candidates to the President of the Russian Federation for the next election, if a candidate who appointed them has been elected President of the Russian Federation. In other cases such authority expires after thirty days upon publication of official results of election of the President of the Russian Federation.

The authority of the members of the Central Election Commission of the Russian Federation and subject election commissions with the right of deliberative vote appointed by candidates to the President of the Russian Federation who are not voted upon expires after 30 days upon publication of official results of general election of the President of the Russian Federation.

The term of the members of territorial and precinct election commissions with the right of deliberative vote expires with the expiration of the term of corresponding commissions.

2.4 Precinct polling stations formed for election of the President of the Russian Federation, June 16, 1996, are used for conduct of the repeat voting at election of the President of the Russian Federation.

2.5 For the conduct of the repeat voting at election of the President of the Russian Federation the precinct election commission uses a second copy of the voter list prepared for the conduct of voting on June 16, 1996.

Upon adoption by the Central Election Commission of the Russian Federation of the decision to hold repeat voting the territorial election commission immediately forwards the second copy of the corresponding voter list to the precinct election commission.

No later than 5 days prior to the day of repeat voting the precinct election commission compiles all changes to the second copy of the voter list from the first copy of the voter list made because of the voters who have been included in the voter list on the basis of the identification documents, documents that prove their place of residence or temporary accommodation on the territory of the corresponding precinct, change of residence by the voter, change of data about the voter as well as receipt by the voter of an absentee vote application of the right to participate in the election of the President of the Russian Federation. Thereupon the second copy of the voter list with all changes has to be signed by the Chairman and secretary of the precinct election commission and offered for public familiarization. In sanatoriums, recreation houses, hospitals and other establishments for temporary accommodation of citizens only those voters are included in the lists of voters who will stay there on the day of repeat voting.

It is not allowed to make changes in the list of voters after the beginning of the ballot count.

2.6 The procedure for voting with absentee vote applications of the right to participate in the election of the President of the Russian Federation during the repeat voting is set in compliance with Article 51 of the Federal Law. The absentee vote application received by the voter for participation in the election of the President of the Russian Federation before June 16, 1996 is valid for the repeat voting.

If a voter who did not receive his/her absentee vote application before June 16, 1996 is allowed to receive an absentee vote certificate in the precinct election commission where he/she is included in the list of voters.

Upon issuance of the absentee vote certificate to the voter, the member of the precinct election commission who issues the certificate has to write in the list of voters in all three spaces - «passport #, ID #; signature of the voter; signature of the member of the precinct election commission» the following:

«The absentee vote certificate has been issued», and put the number of the absentee vote certificate.

In the repeat voting the absentee vote certificate has to remain in the precinct election commission upon issuance of the ballot to the voter.

2.7 Ballots for the repeat voting for election of the President of the Russian Federation are printed upon resolution of the Central Election Commission of the Russian Federation no later than three days after approval by the Commission of the form and text of the ballot in the Russian language. The election commission in the subject of the Russian Federation provides for the printing of the ballots on the territory of the corresponding subject election commission and supplying of territorial election commissions.

In case of withdrawal of one of the candidates after the printing of all ballots the Central Election Commission of the Russian Federation shall direct to the election commission in the subjects of the Russian Federation to destroy all printed ballots.

Under such circumstances the ballots are printed again upon a corresponding resolution of the Central Election Commission of the Russian Federation.

2.8 In compliance with Part 5 of Article 51 of the Federal Law, election commissions in the subjects of the Russian Federation are allowed to conduct early repeat voting on ships of the trade, fish, scientific-research, military and river fleets that will be navigating or harbored in foreign ports. Also the early repeat voting is allowed on polar stations, outlying territories and regions.

Early voting has to be conducted in compliance with the Clarification of the Procedure for application of Part 5, Article 51 of the Federal Law on Election of the President of the Russian Federation approved by Resolution of the Central Election Commission of the Russian Federation on May 5, 1996 N93/762 - II; as a rule within one day on the territory of the precinct, within several days in exceptional cases.

2.9 Observers appointed before June 16, 1996 or newly appointed by candidates who are voted upon in the repeat voting, observers from initiative groups that have nominated the candidates as well as public associations (registered by the Ministry of Justice of the Russian Federation), international observers and representatives of Mass Media are allowed to be present on the day of repeat voting from the opening till completion and compilation of all final documents with the results of voting by election commissions.

Authority of other observers appointed before June 16, 1996 are not extended and thus have expired.

3. Status of candidates to the President of the Russian Federation

3.1 Candidates for President of the Russian Federation who are being voted upon in the repeat voting have the same rights and bear the same responsibility and obligations as during the preparation and conduct of elections on June 16, 1996.

Other candidates for President of the Russian Federation who have been registered by the Central Election Commission of the Russian Federation and who have been voted upon on June 16, 1996 vacate their status of candidacy upon publication of official results of the general elections in compliance with the procedures set forth in the Federal Law.

3.2 Candidates for President of the Russian Federation who are being voted upon in the second round are allowed to appoint members with the right of deliberative vote to election commissions instead of the previously appointed members, as well as to appoint and withdraw their attorneys in compliance with the procedures inculcated in Article 37 of the Federal Law.

Adopted by the Central
Election Commission
of the Russian Federation
Resolution N84/703-II
Date: March 29, 1996

CLARIFICATION
on organizational aspects of the work of precinct election commissions set up in election precincts outside of the Russian Federation and on their interaction with federal ministries, agencies and the Central Election Commission of the Russian Federation

1. Formation of election precincts and precinct election commissions

1.1. In accordance with Article 24, part 6 of the federal Law on the Election of President of the Russian Federation (hereinafter referred to as the federal Law) heads of diplomatic and consular agencies form election precincts for Russian Federation citizens residing/staying abroad on the territory of their countries of residence/stay.

Heads of diplomatic and consular agencies of the Russian Federation form election precincts in military units stationed outside of the Russian Federation in countries of their stay on the basis of proposals provided to the Ministry of Foreign Affairs not later than 10 April, 1996 by the Ministry of Defense, the Federal Frontier Service, other federal ministries and agencies which have military units stationed outside of the Russian Federation under their command.

1.2. Servicemen, as well as members of their families, permanently residing or temporarily staying on the premises of a military unit, and other citizens of the Russian Federation are entitled to vote in election precincts formed in military units stationed outside of the Russian Federation.

Commanders of units where election precincts are to be formed shall allocate non-restricted access premises for polling stations.

The resolution of the Central Election Commission of the Russian Federation allows to form election precincts only for Russian Federation citizens who are servicemen in remotely located military units as a matter of exception.

1.3. In accordance with Article 14, part 5 of the federal Law a precinct election commission for a precinct set up outside of the Russian Federation is formed by head of an appropriate diplomatic or consular agency of the Russian Federation.

A precinct election commission for a precinct set up at a military unit stationed outside of the Russian Federation is formed by the commander of such a unit.

1.4. Not later than May 6, 1996 the Ministry of Foreign Affairs of the Russian Federation must submit a list of numbered election precincts formed outside of the Russian Federation to the Central Election Commission of the Russian Federation.

2. Compilation of Voter Lists

2.1. Procedure for the voter list compilation by the precinct election commission and for voter familiarization with the list is regulated by Articles 25, 26, 27 and 51 of the federal Law and Clarification on the procedure for voter lists compilation for the Election of President of the Russian Federation approved by the resolution of the Central Election Commission #82/689-11 dated March 20, 1996.

A voter list for an election precinct formed outside of the Russian Federation is compiled by the precinct election commission on the basis of data provided by head of an appropriate diplomatic or consular agency of the Russian Federation.

A list of voters - servicemen at a military unit stationed outside of the Russian Federation. members of their families and other voters residing on the unit's premises - is compiled on the basis of data provided by the unit's commander.

2.2 The voter list shall be executed in duplicate by May 16, 1996. The first copy is retained by the precinct election commission, the second copy is given personally to head of the appropriate diplomatic or consular agency for further storage. The second copy of a voter list compiled for a election precinct located in a remote or difficult-to-access area is not delivered to the diplomatic or consular agency of the Russian Federation.

2.3. If the Central Election Commission of the Russian Federation sets repeated voting for the election of President of the Russian Federation in accordance with Article 56, part 1 of the federal Law precinct election commissions shall use the second copy of the voter list prepared for the initial June 16, 1996 voting for organization of the repeated voting.

After the Central Election Commission has set the repeated voting, head of the appropriate diplomatic or consular agency of the Russian Federation sends the second copy of the voter list to the precinct election commission. Preparation of the voter list for the repeated voting is regulated by provisions of Clarification on the procedure for voter lists compilation for the election of President of the Russian Federation.

2.4. By May 16, 1996 data on the number of voters registered in voter lists in each election precinct formed outside of the Russian Federation must be submitted by the Ministry of Foreign Affairs to the Central Election Commission of the Russian Federation.

3. Supply of election documents to precinct election commissions, early voting, precinct ballot count and delivery of voting results protocols to the Central Election Commission of the Russian Federation

3.1. The Ministry of Foreign Affairs of the Russian Federation delivers election documents, including ballots, to precinct election commissions in election precincts formed outside of the Russian Federation by diplomatic courier service.

If necessary, the Ministry of Defense, the Federal Frontier Service, other federal ministries and agencies which have military units stationed outside of the Russian Federation under their command help the Ministry of Foreign Affairs of the Russian Federation, diplomatic and consular agencies to deliver election documents, including ballots, to precinct election commissions in military unit election precincts outside of the Russian Federation.

Representatives of the Ministry of Defense, the Federal Frontier Service, other federal ministries and agencies which have military units stationed outside of the Russian Federation under their command shall receive election documents, including ballots at the Ministry of Foreign Affairs of the Russian Federation by powers of attorney issued by chief executives of the above listed agencies.

Precinct election commissions' representatives shall receive election documents, including ballots, in diplomatic and consular offices on the basis of powers of attorney issued by chairmen of their respective election commissions.

3.2. Early voting (but not earlier than 15 day before the election day) in precincts formed outside of the Russian Federation shall be conducted only on the basis of a Central Election Commission of the Russian Federation resolution adopted upon request of the Ministry of Foreign Affairs in accordance with Article 51, part 5 of the federal Law.

3.3. First copies of voting results protocols with appropriate attachments shall be delivered to the Central Election Commission of the Russian Federation without delay by means of the Ministry of Foreign Affairs diplomatic mail and other courier services.

The precinct election commission set up in the election precinct outside of the Russian Federation shall super scribe the package containing the first copy of the voting results protocol and other attachments with the word «Electoral» (Vybornyi) and seal it.

Sealed packages containing the above-mentioned documents shall be forwarded to the Central Election Commission of the Russian Federation immediately upon receipt at the Ministry of Foreign Affairs.

4. Election financing

4.1. The Ministry of Foreign Affairs of the Russian Federation shall compensate all expenditures of precinct election commissions in election precincts formed outside of the Russian Federation within limits of funds allocated to it by the Central Election Commission of the Russian Federation.

Expenditures of precinct election commissions in military unit election precincts outside of the Russian Federation shall be compensated by the Ministry of Defense, the Federal Frontier Service, other federal ministries and agencies which have military units stationed outside of the Russian Federation under their command within limits of funds allocated to such ministries and agencies by the Central Election Commission of the Russian Federation.

4.2. Within 30 days after publication of election results the Ministry of Foreign Affairs, Ministry of Defense, the Federal Frontier Service, other federal ministries and agencies which have military units stationed outside of the Russian Federation under their command shall submit expense reports for funds allocated for the election of President of the Russian Federation to the Central Election Commission of the Russian Federation.







© Copyright , 1999-2020