.



Юридическая консультация онлайн

, . (1884-1958),


:

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

:

Рейтинг@Mail.ru




22.10.2020, . 22:45


«« . |  | . »»

Chapter X. Appealing Violations of Electoral Rights and the Right to Participate in a Referendum and Responsibility for Violation of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum

Article 63. Appealing Decisions and Actions (Inaction) Infringing upon Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum

Article 64. Grounds for Cancellation of the Registration of a Candidate, Cancellation of a Decision of Election Commission, Referendum Commission Regarding Vote Returns, Election, Referendum Results

Article 65. Responsibility of Violation of Electoral Rights of Citizens and the Right of Citizens to Participate in a Referendum


Article 63. Appealing Decisions and Actions (Inaction) Infringing upon Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum

1. Decisions and actions (inaction) of the bodies of state power, bodies of local self-government, public associations and officials, as well as decisions and actions (inaction) of election commissions, referendum commissions and their officials, infringing upon electoral rights and the right of citizens of the Russian Federation to participate in a referendum may be appealed in a court of law.

2. Decisions and actions (inaction) of the Central Election Commission and its officials shall be appealed in the Supreme Court of the Russian Federation, decisions and actions (inaction) of election commissions of Subjects of the Russian Federation, district election commissions for elections of the federal bodies of state power and officials of such election commissions shall be appealed in a court of a Subject of the Russian Federation, decisions and actions (inaction) of other election commissions as well as referendum commissions shall be appealed in district courts of law.

3. Decisions of a court of law shall be binding upon the relevant election commissions, referendum commissions.

4. Voters, candidates, their agents, electoral associations, electoral blocs and their agents, other public associations, initiative groups for referendum, observers and election commissions, referendum commissions may file complaints regarding decisions and actions (inaction) infringing upon electoral rights of citizens and the right of citizens to participate in a referendum. In this case, if the irregularities indicated in the complaints concern a large number of citizens or if due to some other circumstances the irregularity has assumed a special public significance, the Central Election Commission of the Russian Federation may apply to the Supreme Court of the Russian Federation and the Supreme Court of the Russian Federation shall consider the complaint on the merits.

5. In cases stipulated this Federal Law, federal constitutional laws, other federal laws, laws of Subjects of the Russian Federation a court may cancel a decision of the relevant election commission, referendum commission regarding vote returns or election, referendum results or another decision of the election commission, referendum commission.

6. Decisions and actions (inaction) of election commissions, referendum commissions and their officials infringing upon electoral rights of citizens, the right of citizens to participate in a referendum may be appealed in a higher election commission, referendum commission (corresponding to the level of elections or referendum).

7. Should a higher election commission, referendum commission (corresponding to the level of an election or referendum) be absent, decisions and actions (inaction) of the territorial election commission, referendum commission or its officials infringing upon electoral rights of citizens, the right of citizens to participate in a referendum may be appealed in the election commission of Subject of the Russian Federation, and decisions and actions (inaction) of the election commission of Subject of the Russian Federation infringing upon electoral rights of citizens, the right of citizens to participate in a referendum may be appealed in the Central Election Commission of the Russian Federation.

8. A higher election commission, referendum commission the Central Election Commission of the Russian Federation, the election commission of Subject of the Russian Federation shall be entitled to make a decision regarding the complaint.

9. Preliminary appeal to a higher election commission, referendum commission, election commission of Subject of the Russian Federation, the Central Election Commission of the Russian Federation shall not be a prerequisite for an appeal to a court of law.

10. Should a court of law accept a complaint and a citizen file a similar complaint to an election commission, referendum commission, the election commission, referendum commission shall suspend the adjudication of such complaint until the court's decision comes into legal force. The court shall inform the election commission of a complaint received.

11. Decisions regarding complaints filed during an election campaign or the preparation of a referendum shall be made within five days, however, not later than the day preceding voting day, and immediately, if submitted on voting day or the day following voting day. If the fats contained in a complaint require additional verification, decisions thereon shall be made not later than within ten days. A court of law shall make a decision with regard to a complaint of a decision of an election commission, referendum commission on vote returns, election, referendum results not later than within two days of the submission date.

12. The adjudication of complaints regarding a decision of an election commission on vote returns, election results and the verification of the evidence in connection with violations of electoral legislation hall not be an infringement upon immunity of an elected candidate if such immunity is provided for by legislation of the Russian Federation. A candidate recognized as elected shall not be entitled to refuse to bear witness regarding an administrative, civil, or criminal case instigated in connection with a complaint of a violation of electoral rights of citizens. The adjudication of complaints regarding a decision of an election commission on vote returns, election results and preliminary investigation shall not require a consent of the relevant body of state power or the body of local self-government with respect to the immunity status termination of a candidate recognized as elected.

13. Courts and procurator offices shall arrange their activities (including on days-off) so that complaints be timely adjudicated.

As amended 3/30/99.

Article 64. Grounds for Cancellation of the Registration of a Candidate, Cancellation of a Decision of Election Commission, Referendum Commission Regarding Vote Returns, Election, Referendum Results

1. The registration of a candidate (list of candidates) may be canceled (invalidated) not later than the day preceding the voting day if:

the rules for nomination and registration of candidates (list of candidates) are violated;

rules for electoral campaigning and funding are violated;

candidates and their agents, leaders of electoral associations, electoral blocs, misuse their official position to be elected;

facts of bribery of voters by candidates, electoral associations, electoral blocs, other organizations seeking the election of certain candidates (list of candidates);

for other reasons set forth by this Federal Law, Federal constitutional laws, federal laws, laws of Subjects of Russian Federation.

Registration of a candidate may also be cancelled (annulled) in the event of essential inaccuracy of the data presented by the candidate under Clause 2 Article 28 and Clause 1 Article 32 of this Federal Law and the data concerning convictions that have not been annulled or cancelled and foreign citizenship.

2. Should, after the relevant election commission has determined vote returns or election results, a court of law deem that violations listed in Clause 1 of this Article occurred that prevent reliable determination of voters' will, it may cancel the decision of the election commission on vote returns, election results.

3. A court of law of the relevant level may cancel a decision of election commission on vote returns, election results in an electoral precinct, territory, or in electoral district, or in Subject of the Russian Federation, or in the Russian Federation as a whole should violations of the rules for compilation of voter lists, the procedures for formation of election commissions, the procedures for voting and vote tabulation (including the hindering of observation), determination of election results, other violations of electoral legislation occur and such actions (inaction) do not allow voters' will to be reliably determined.

4. A court of the relevant level may cancel a decision of the referendum commission of Subject of the Russian Federation, local referendum on vote returns and referendum results if violations of the rules for compilation of the lists of referendum participants, the procedures for formation of referendum commissions, violations of the rules for campaigning and funding of he preparation and conduct of a referendum, misuse by members of initiative groups for referendum, their agents, leaders of public associations of their official position in order to obtain a desirable answer to a referendum issue, revealed facts of bribery of referendum participants by such persons and public organizations for the same purposes, violations of the voting procedures (including, but not limited to impeding election observation), other violations of legislation on referendum occur and such actions (inaction) do not allow referendum participants' will to be reliably determined.

5. A court of law of the relevant level, district election commission, the election commission of a Subject of the Russian Federation, the Central Election Commission may cancel a decision of a precinct, territorial, district election commission, election commission of Subject of the Russian Federation and the referendum commission of a Subject of the Russian Federation, commission for local referendum on vote returns, election, referendum results in the cases provided for by this Federal Law and federal constitutional laws, other federal laws, the charters of municipal units, regulating the administration of the relevant elections, referenda.

6. The cancellation of a decision of election commissions, referendum commissions on vote returns in more than 1/4 of electoral precincts shall lead to invalidation of the election, referendum in the electoral district, in the referendum territory, in a Subject of the Russian Federation or the Russian Federation as a whole.

7. A court of law shall consider a complaint and make a decision not later than two months of its submission and in the cases provided for by this Federal Law - within other time limits. A court shall be entitled to make a decision if representatives of one of the parties concerned are absent (failure to appear after service of two invitations).

8. Violations of this Federal Law shall not be used as grounds for annulling the decision on the results of elections if these violations were conducive to the election of or were aimed at encouraging or encouraged voters to vote for candidates, registered candidates who have not been elected according to voting returns, for electoral associations, electoral blocs which have not taken part in the distribution of deputy mandates.

As amended 3/30/99.

Article 65. Responsibility of Violation of Electoral Rights of Citizens and the Right of Citizens to Participate in a Referendum

1. Persons hindering the free implementation of the to elect and to be elected of citizens of the Russian Federation by use of force, deception, threats or otherwise;

or misuse their official position n order to be elected or to get a desirable answer to a referendum issue;

or forcing citizens or preventing them form signing lists in favor of a candidate, electoral association, electoral bloc, initiative group for referendum, and involved in signature fabrication;

or bribing voters, referendum participants, i.e. committing actions prohibited by Clause 3 of Article 45 of this Federal Law;

or engage in charity activities and produce and distribute commercial and other advertisements in violation of this Federal Law;

or who failed to timely prepare or update the data on registered voters, referendum participants, (lists of voters, referendum participants) before forwarding the above data to the relevant territorial election commissions, referendum commissions;

or dissemination fraudulent information regarding candidates or committing the actions damaging honor and dignity of candidates;

or violating the rights of members of election commissions, referendum commissions including non-voting members, observers, foreign (international) observers, candidate agents of electoral associations, electoral blocs, initiative groups for referendum, the mass media, including the right to get timely access to information and receive copies of electoral documents, referendum documents;

or violating the rules of election canvassing, referendum canvassing, including the persons campaigning on the day preceding voting day or on voting day;

or have failed to provide proper conditions for holding mass events when this obligations has been imposed on them by law;

or violating the rules set for the funding of electoral campaigns, preparation and conduct of a referendum, including those who delay the transmission of funds to election commissions, referendum commissions, candidates, electoral associations, electoral blocs, initiative groups for referendum;

or have concealed surplus ballots or have produced additional unregistered printings of ballots for voting in elections, a referendum;

or hindering or unlawfully interfering in the activities of election commissions, referendum commissions or the activities of commission members related to the fulfillment of their functions;

or hindering the voting at electoral precincts, referendum precincts;

or infringing upon vote secrecy principle;

or forcing voters, referendum participants, to vote against their choice;

or committing forgery of electoral documents, referendum documents, who compiled and issued fraudulent documents, intentionally wrongly tabulated votes or determined election, referendum results, who failed to submit or publish data regarding vote returns in spite of the functions assigned to them;

or violating the rights of citizens to review the list of voters, referendum participants;

or issuing ballots to citizens and allowing them to vote for other persons or vote more than one time during the same voting or giving (issuing) completed election ballots, referendum ballots to citizens;

or who fail to submit or publish reports on fund spending for the preparation and conduct of elections, referenda financial reports regarding electoral funds of candidates, electoral associations, electoral blocs, and financial reports regarding the spending of budget funds allocated for preparation and administration of election campaigns, preparation and conduct of a referendum;

as well as

employees who refused to give a leave of absence for participation in elections, referenda stipulated by law;

officials of state bodies who have ignored the requests of election commissions, referendum commissions and have not checked the information concerning violations of this Federal Law, federal constitutional laws, other federal laws, laws of Subjects of the Russian Federation, charters of municipal units and have not taken any measures to put an end to these violations;

shall bear criminal, administrative or other responsibility in compliance with federal laws.

2. A failure to fulfill or improper fulfillment of decisions made at a referendum shall lead to liability in compliance with federal laws.

As amended 3/30/99.

«« . |  | . »»







© Copyright , 1999-2020