Äåìîêðàòèÿ.Ðó




Ïîñëåäíåå ñëîâî âñåãäà îñòà¸òñÿ çà îáùåñòâåííûì ìíåíèåì. Íàïîëåîí I Áîíàïàðò (1769-1821), èìïåðàòîð ôðàíöóçîâ â 1804—1814 è 1815 ãîäàõ, ïîëêîâîäåö è ãîñóäàðñòâåííûé äåÿòåëü


ÑÎÄÅÐÆÀÍÈÅ:

» Íîâîñòè
» Áèáëèîòåêà
» Ìåäèà
» X-files
» Õî÷ó âñå çíàòü
» Ïðîåêòû
» Ãîðÿ÷àÿ ëèíèÿ
» Ïóáëèêàöèè
» Ññûëêè
» Î íàñ
» English

ÑÑÛËÊÈ:

Рейтинг@Mail.ru

ßíäåêñ öèòèðîâàíèÿ


18.04.2024, ÷åòâåðã. Ìîñêîâñêîå âðåìÿ 05:41


«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»

Chapter IX. Funding of the Election

Article 61. Funding of the Preparation and Conduct of the Election

Article 62. Electoral Funds of Candidates, Registered Candidates, Electoral Associations, Electoral Blocs

Article 63. Special Electoral Accounts

Article 64. Electoral Deposit

Article 65. Voluntary Donations to Electoral Fund of a Candidate, Registered Candidate, an Electoral Association, Electoral Bloc

Article 66. Reporting With Regard to Money on Electoral Funds

Article 67. Return of Money by Candidates, Registered Candidates, Electoral Associations, Electoral Blocs

Article 68. Financial Support of Election Commissions

Article 69. The Review-Auditing Service of Election Commissions


Article 61. Funding of the Preparation and Conduct of the Election

1. The expenses related to preparation and conduct of the election of deputies of the State Duma and the activities of election commissions during the term of their powers shall be financed from the federal budget. These expenditures shall be included in the federal budget in accordance with the budget classification of the Russian Federation.

2. The funds allocated from the federal budget for the 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 within 10 days of the date on which the decision to call the election was officially published.

3. In the event of an early election of deputies to the State Duma the amount of funds allocated from the federal budget for their preparation and conduct 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 in the preparation and conduct of the previous election of deputies of the State Duma (with due account for changes in the minimum wage established by federal law as of the day on which the decision to call (hold) the previous election of deputies of the State Duma was officially published).

4. If insufficient funds have been allocated from the federal budget for holding elections to the State Duma, including an early election and if the funds allocated from the federal budget have not been transferred in due time or in full, the Central Election Commission of the Russian Federation shall be entitled to obtain credits from banks on a competitive basis. In this case, the total allowable amount of funds for the preparation and conduct of the election shall not exceed the sum contained in the report of the Central Election Commission on the expenditure of funds in the preparation and conduct of the similar previous election of deputies of the State Duma (with due account for the change in the minimum wage established by federal law as of the day on which the decision to call the previous election of deputies of the State Duma was officially published). Within ten days upon receipt of an appropriate request from the Central Election Commission of the Russian Federation the Government of the Russian Federation shall issue state guarantees for the obligation to repay the credits, including interest thereon. The received credits and interest thereon shall be repaid from the federal budget. Allocations for meeting this debt obligation shall be approved by a federal budget law for the coming fiscal year.

5. Not later than 90 days prior to voting day, the Central Election Commission of the Russian Federation shall remit the funds for the conduct of the election of deputies of the State Duma to the commissions of Subjects of the Russian Federation, which shall remit the received funds to district and territorial election commissions not later than 60 and 40 days, respectively, prior to voting day and shall monitor timely transfer of funds to the territorial election commissions. In the event of by-elections or early elections of deputies of the State Duma and if the election is not funded in due time or in full, the election commissions shall distribute and remit funds as they come in.

6. Chairmen of election commissions shall manage the funds allocated for the preparation and conduct of the election of deputies to the State Duma and shall be responsible for the compliance of financial documents with the decisions taken by election commissions on financial matters and also shall ensure that the financial reports regarding the spending of the said funds are submitted as and when established by this Federal Law.

7. After the end of the election of deputies of the State Duma unspent amounts of the funds received from the federal budget shall remain on the accounts of permanent election commissions, with the exception of permanent territorial election commissions, and shall be used as prescribed by this Federal Law.

8. The unspent amount of credits shall be returned by the Central Election Commission to the bank from which they were obtained not later than three months from the date on which the general election results were officially published.

Article 62. Electoral Funds of Candidates, Registered Candidates, Electoral Associations, Electoral Blocs

1. A candidate nominated in a single-mandate electoral district, an electoral association, electoral bloc which has nominated a federal list of candidates shall establish their own electoral funds. A candidate running for election only on a federal list of candidates, an electoral association, electoral bloc which has nominated candidates only in single-mandate electoral districts shall not establish their own electoral funds.

2. Electoral funds of candidates, registered candidates nominated in single-mandate electoral districts may be formed only from the following sources:

(a) the own money of a candidate, registered candidate, which shall not exceed one thousand times the minimum wage established by federal law as of the date on which the decision to call (hold) the election was officially published;

(b) amounts allocated to a candidate, a registered candidate by the electoral association which nominated him/her (from sources other than the electoral fund of the electoral association), electoral associations of the electoral bloc that nominated him/her (from sources other than the electoral fund of the electoral bloc), which shall not exceed 5 thousand times the minimum wage established by federal law as of the date on which the decision to call (hold) the election was officially published;

(c) money allocated by a district election commission to a registered candidate not later than 40 days before voting day, the amount of money being the same as that allocated to other candidates registered in the given single-mandate electoral district, save as provided otherwise in this Federal Law;

(d) voluntary donations of individuals and legal entities in the amount not exceeding 100 times (for each citizen) and two thousand times (for each legal entity) the minimum wage established by federal law as of the date on which the decision to call the election was officially published.

3. The maximum amount of all expenditures from an electoral fund of a candidate (registered candidate) from his/her electoral fund shall not exceed 10 thousand times the minimum wage established by federal law as of the date on which the decision to call (hold) the election was officially published.

4. Electoral funds of electoral associations, electoral blocs may be formed only from the following sources:

(a) the own monetary resources of an electoral association, electoral bloc, which shall not exceed 100 thousand times the minimum wage established by federal law as of the date on which the decision to call the election was officially published. The monetary resources of an electoral bloc shall be formed by the sums transferred to the electoral bloc by the electoral associations which established the bloc;

(b) the funds allocated by the Central Election Commission of the Russian Federation to electoral associations, electoral blocs not later than 40 days before voting day save as provided otherwise in this Federal Law.

(c) voluntary donations of individuals and legal entities. The amount of voluntary donations shall not exceed more than 150 times (for each citizen) and 20 thousand times (for each legal entity) the minimum wage established by federal law as of the date on which the decision to call (hold) the election was officially published.

5. The maximum amount of all expenditures from an electoral fund of an electoral association, electoral bloc shall not exceed 250 thousand times the minimum wage established by federal law as of the date on which the decision to call (hold) the election was officially published.

6. No donations to electoral funds of candidates, registered candidates, electoral associations, electoral blocs shall be allowed from:

(a) foreign states, and foreign legal entities;

(b) foreign citizens;

(c) stateless persons;

(d) citizens of the Russian Federation under 18 years of age;

(e) Russian legal entities with foreign participation if the share of foreign capital exceeds 30 per cent of their charter (authorized) capital as of the date on which the decision to call (hold) the election to the State Duma was officially published;

(f) international organizations and international public movements;

(g) bodies of state power and local self-government;

(h) state-owned and municipal enterprises, institutions and organizations;

(i) legal entities with a state or municipal share in their charter (authorized) capital exceeding 30 per cent as of the date on which the decision to call (hold) the election was officially published;

(j) military units, institutions and organizations and law enforcement bodies;

(k) charity organizations and religious associations as well as organizations established by them;

(l) anonymous donors (for an individual person - without indication of any of the following data: the first, middle and last name; the place of residence and date of birth; for a legal entity - without indication of any of the following data: the tax payer's identification number; the name, date of registration, bank account; the note concerning the absence of a state or municipal share in the charter (authorized) capital or the presence of such a share and its size; the note about the absence of presence of foreign investment in the charter (authorized) capital (indicating its share);

(m) legal entities registered less than a year before voting day.

7. The electoral funds shall be managed by candidates, registered candidates, electoral associations, electoral blocs that have formed the fund. The resources of electoral funds shall be purpose-oriented. They may be used only for:

(a) funding of organizational-technical arrangements for the collection of signatures in support of nomination of a candidate (federal list of candidates) including remuneration of persons who were engaged for collection of voter signatures;

(b) election campaigning and payment for information and consulting services;

(c) payment for other services rendered by legal entities or citizens of the Russian Federation and other expenses directly related to the conduct of the election campaign;

(d) payment of the electoral deposit.

8. A candidate, registered candidate, an electoral association, electoral bloc shall not use any sums of money to make payments for collection of voter signatures, conduct of the election campaign, holding of other election events other than those which have been deposited in the accounts of their electoral funds. A candidate, registered candidate, an electoral association, electoral bloc may use only the sums which were remitted by senders to the special electoral accounts of their electoral funds prior to voting day in accordance with a procedure established by this Federal Law. These provisions shall not apply to the activity of political public associations paid for from their accounts, if this activity is not related to their election campaigns and is not election propaganda save as provided otherwise in Clause 4 Article 41 and Clause 8 Article 48 of this Federal Law.

Article 63. Special Electoral Accounts

1. A candidate nominated in a single-mandate electoral district shall open a special electoral account of his/her electoral fund in the given electoral district after the appropriate district election commission has been notified about nomination of this candidate or after a copy of the list of candidates nominated in single-mandate electoral districts has been submitted to this district election commission upon certification by the Central Election Commission of the Russian Federation, but not later than five days prior to the day on which documents for the registration of the given candidate are submitted to the district election commission

2. An electoral association, electoral bloc 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 but not later than five days prior to the day on which documents for registration of the federal list are submitted to the Central Election Commission of the Russian Federation.

3. Special electoral accounts for formation of electoral funds shall be opened with branches of the Savings Bank of the Russian Federation. A candidate, an electoral association, electoral bloc may open only one special electoral account in the given electoral district. Upon presentation of documents required by and executed in accordance with this Federal Law a branch of the Savings Bank of the Russian Federation shall, without any delay, open a special electoral account for a candidate, an electoral association, electoral bloc. The bank shall not charge any fee for opening and servicing a special electoral account and shall not pay any interest on the funds kept thereon. All funds deposited in special electoral accounts shall be in the currency of the Russian Federation.

4. A candidate running for election in a single-mandate electoral district shall open a special electoral account in this district on the basis of a document issued by a district election commission or, if a district election commission has not been formed, by the election commission of a Subject of the Russian Federation, within three days after the appropriate election commission receives a notice of the nomination of the candidate or a copy of a list of candidates nominated in single-mandate electoral districts certified by the Central Election Commission of the Russian Federation, other documents to be submitted in pursuance of Articles 37 and 38 of this Federal Law. A candidate, registered candidate may, in an established procedure, ask other persons to open a special electoral account for his/her electoral fund. A candidate, registered candidate may authorize other persons to manage funds on this account by giving a written notice to this effect to the appropriate election commission. An electoral association, electoral bloc shall open a special electoral account on the basis of a document to be issued by the Central Election Commission of the Russian Federation after it certifies a copy of a federal list of candidates, simultaneously with registration of authorized representatives of an electoral association, electoral bloc for financial matters. The responsibility for the violation of election campaign funding rules established by this Federal Law for a candidate, registered candidate, an electoral association, electoral bloc shall be borne personally by the candidate, registered candidate, by the electoral association, electoral bloc.

5. If, after opening a special electoral account, a candidate, registered candidate changes the electoral district by a decision of an electoral association, electoral bloc in a procedure established in Clause 10 Article 38 of this Federal Law, this candidate, registered candidate shall return the money remaining on this account to legal entities and natural persons that made donations (transfers) to the electoral fund, in proportion to the amounts paid by them, minus the postage, and the money paid as an electoral deposit (if the deposit was paid) in a procedure established in Article 64 of this Federal Law. After that the candidate, registered candidate shall submit the final financial report to the district election commission of the given electoral district and a copy of the financial report to the district election commission of the new electoral district. A special electoral account shall be opened in the new electoral district in a procedure established by this Federal law.

6. Candidates upon their registration and electoral associations, electoral blocs upon registration of their federal lists of candidates shall continue to maintain their own special electoral accounts to finance their election campaign, including election campaigning. A registered candidate may have only one special electoral account.

7. All financial operations for the payment of expenses from special electoral accounts of electoral funds of registered candidates, electoral associations, electoral blocs with registered federal lists of candidates shall be discontinued on voting day. Financial operations for the payment of expenses from special electoral accounts of electoral funds of candidates, registered candidates, electoral associations, electoral blocs that have not submitted registration documents to the appropriate election commission in a procedure established by this Federal Law or have been denied registration or have withdrawn the statement expressing the consent to run or have withdrawn their candidatures or have been recalled by an electoral association, electoral bloc or have recalled a federal list of candidates or whose registration has been annulled shall be discontinued by the branches of the Savings Bank of the Russian Federation on the instruction of the appropriate election commission.

8. Based on an application of a candidate, registered candidate, an electoral association, electoral bloc a district election commission, the Central Election Commission of the Russian Federation, respectively, may extend the period for the performance of the following financial operations:

(a) for a candidate, an electoral association, electoral bloc that have not registered its federal list - payment for work (services, goods) performed (rendered, acquired) prior to the date on which the registration was denied, the candidate was recalled by the electoral association, electoral bloc, the candidate withdrew his/her statement with a consent to run, the electoral association, electoral bloc recalled the federal list of candidates, before the deadline established by this Federal Law for submission of signature lists and other documents for registration, respectively;

(b) for a registered candidate who has withdrawn his/her candidature, has been recalled by an electoral association, electoral bloc, for an electoral association, electoral bloc which has recalled its federal list of candidates, for a registered candidate whose registration has been annulled, for an electoral association, electoral bloc the registration of whose federal list has been annulled - payment for work (services, goods) performed (rendered, acquired) before the date of the decision to annul registration, withdrawal of the candidature, recalling of the registered candidate, federal list of candidates, respectively;

(c) for other registered candidates, electoral associations, electoral blocs - payment for work (services, goods) performed (rendered, acquired) before voting day.

Article 64. Electoral Deposit

1. Within ten days after official publication of a decision to call (hold) the election the Central Election Commission of the Russian Federation, the election commission of a Subject of the Russian Federation shall request branches of the Savings Bank of the Russian Federation to open a special account to accept electoral deposits from candidates, electoral associations, electoral blocs. Within five days of the date of the request of the Central Election Commission of the Russian Federation, the election commission of a Subject of the Russian Federation branches of the Savings Bank of the Russian Federation shall open a special account of the appropriate election commission to accept electoral deposits. The bank shall charge no fee for opening and servicing the account and shall pay no interest on the funds kept thereon. Branches of the Savings Bank of the Russian Federation shall remit funds paid as electoral deposits not later than the next day after the deposit was paid. The total period for processing a non-cash payment shall not exceed two business days.

2. The appropriate election commission, or, if it has not been formed, the election commission of a Subject of the Russian Federation shall advise a candidate nominated in a single-mandate electoral district of the number of the special account of the election commission of the given Subject of the Russian Federation opened at a branch of the Savings Bank of the Russian Federation for payment of an electoral deposit when it receives the candidate's statement expressing the consent to run or, if the account has not yet been opened, immediately after its opening. The Central Election Commission of the Russian Federation shall advise an electoral association, electoral bloc of the number of the commission's special account at a branch of the Savings Bank of the Russian Federation for payment of electoral deposits when the it certifies a federal list of candidates of the electoral association, electoral bloc or, if the account has not yet been opened, immediately after its opening.

3. Within three days upon formation of a district election commission, the election commission of a Subject of the Russian Federation shall advise the district election commission of the number of the special account for payment of electoral deposits and shall keep it informed about payment by candidates of electoral deposits into the special account of the election commission of the Subject of the Russian Federation for the payment of electoral deposits as such deposits are paid by candidates nominated in single-mandate electoral districts.

4. An electoral deposit for a candidate shall be equal to one thousand times the minimum wage established by a federal law as of the day of official publication of a decision to call (hold) the election of deputies to the State Duma. An electoral deposit for an electoral association, electoral bloc shall be equal to 25 thousand times the minimum wage established by the federal law as of the day of official publication of a decision to call (hold) the election of deputies to the State Duma.

5. A candidate, an electoral association, electoral bloc shall pay the full amount of the electoral deposit in a lump sum out of their electoral funds into the special account of the appropriate election commission for the payment of electoral deposits not earlier than 85 and not later than 55 days before voting day. A candidate, an electoral association, electoral bloc may pay the electoral deposit using money that was contributed to their electoral funds with and without a proviso that the money was to be used for payment of an electoral deposit. When paying an electoral deposit a candidate, an electoral association, electoral bloc shall indicate the purpose of the payment and the following information: a candidate shall indicate his/her first, middle and last name, the number of the electoral district, an electoral association, electoral bloc, their name. When remitting money out of the electoral fund to the special account of the appropriate election commission a candidate, an electoral association, electoral bloc shall inform in writing the election commission which registers the candidates, federal list of candidates about the source (sources) from which this money was contributed to the special electoral account of the candidate, the electoral association, electoral bloc indicating the first, middle and last name, place of residence, the date of birth of an individual donor, the name and the number of the bank account of a corporate donor.

6. Individual persons and/or legal entities contributing money to the electoral fund of a candidate, an electoral association, electoral bloc may indicate that this money or a part thereof is intended for payment of an electoral deposit. In this case, the candidate, the electoral association, electoral bloc shall not use this money for purposes other than payment of an electoral deposit. If this money or a part thereof has not been used for payment of an electoral deposit, the candidate, the electoral association, electoral bloc shall return it (minus postage) to individual persons and legal entities which donated (remitted) this money, not later than 10 days after expiration of the period for the registration of candidates, federal lists of candidates.

7. If a candidate, an electoral association, electoral bloc has paid an electoral deposit into the special account of the appropriate election commission in a larger amount than established by Clause 4 of this Article, the excess amount shall be returned to his/her (its) electoral fund by the appropriate election commission within ten days after the day on which the electoral deposit was paid into the special account. If a candidate, an electoral association, electoral bloc has paid an electoral deposit into the special account of the appropriate election commission in a smaller amount than established by Clause 4 of this Article or if an electoral deposit has been paid after expiration of the time for submission of documents for registration of candidates, federal lists of candidates, the remitted money shall be returned to the appropriate electoral fund by the election commission within 20 days after the day on which it was paid into the special account. If a candidate withdraws his/her statement of consent to run, a registered candidates withdraws his/her candidature, an electoral association, electoral bloc recalls a candidate, registered candidate, federal list of candidates (save the cases provided by Clause 15 Article 51 of this Federal Law), an electoral district where a candidate is nominated is changed in accordance with Clause 10 Article 38 of this Federal law, registration of a candidate, federal list of candidates is denied (provided the denial is not due to the reasons set forth in Clause 2 Article 91 of this Federal Law), the paid electoral deposit shall be returned by the election commission to the appropriate electoral fund within ten days after the day on which the electoral association, electoral bloc, candidate, registered candidate submits an appropriate statement (notification) to the Central Election Commission of the Russian Federation, the election commission of a Subject of the Russian Federation, the district election commission, after the day on which registration was denied.

8. If a candidate, federal list of candidates has been registered on the basis of submitted voter signatures an electoral deposit paid into the special account of the election commission by this candidate, registered candidate, electoral association, electoral bloc shall be returned to the corresponding electoral fund within ten days after the date of the registration of the candidate, federal list of candidates.

9. If, according to voting returns, a registered candidate has received not less than five percent of the total number of votes cast by voters who took part in the voting in a single-mandate electoral district or has been elected and if, according to voting returns, a federal list of candidates nominated by an electoral association, electoral bloc has received not less than three percent of the total number of votes cast by voters who took part in the voting in the federal electoral district or the federal list of candidates has gained the right to participate in the distribution of deputy mandates, the electoral deposit paid by the candidate, the electoral association, electoral bloc shall be returned by the appropriate election commission to the electoral fund of the registered candidate, the electoral association, electoral bloc within five days after the day of official publication of the voting returns.

10. An electoral deposit that is not to be returned in accordance with Clauses 7 - 9 of this Article shall be remitted by the appropriate election commission to the federal budget within 60 days after voting day.

11. Within ten working days after an electoral deposit has been returned to their special electoral accounts by the appropriate election commission, a candidate, registered candidate, an electoral association, electoral bloc shall return the money (minus postage) to individual persons and legal entities that made contributions to the electoral fund with a proviso that the contributed money was to be used for the payment of an electoral deposit. The remaining part of the electoral deposit, if any. returned by the election commission shall be included in the balance of the unspent money of the electoral fund of the candidate, registered candidate, the electoral association, electoral bloc.

12. The money paid as an electoral deposit shall be remitted to the federal budget by branches of the Savings Bank of the Russian Federation on the basis of a decision of the appropriate election commission. An election commission shall not use money paid as an electoral deposit in a manner other than that established by this Article.

Article 65. Voluntary Donations to Electoral Fund of a Candidate, Registered Candidate, an Electoral Association, Electoral Bloc

1. Voluntary donations to electoral funds of candidates. registered candidates, electoral associations, electoral blocs shall be remitted personally by citizens of the Russian Federation and accepted by post offices or credit institutions only upon production of a passport or an equivalent identity paper showing the donor's first, middle and last name, date of birth and full address of the place of residence.

2. Voluntary donations to electoral funds of candidates, registered candidates, electoral associations, electoral blocs shall be made by means of non-cash transfers to a special electoral account, with the legal entity making a special note indicating the presence and size (in percent) or absence of a foreign, state or municipal share in its charter (authorized) capital, its full name, date of registration, taxpayer identification number, bank data.

3. Voluntary donations of individual persons and legal entities shall be remitted (credited) to a special electoral account by post offices and credit institutions not later than the next business day after receipt of the payment order. A non-cash payment shall be processed in not more than two business days within a Subject of the Russian Federation and five days within the Russian Federation.

4. A candidate, registered candidate, an electoral association, electoral bloc may return any donation, with the exception of anonymous ones, to donors. If voluntary donations to electoral funds of candidates, registered candidates or to electoral funds of electoral associations, electoral blocs came from individual persons or legal entities that have no right to make such donations or in an amount exceeding that established by Article 62 of this Federal Law, the candidates, registered candidates, electoral associations, electoral blocs shall, within ten days after the donations were deposited into the special electoral account, return them to the donors fully or in an amount exceeding the maximum limit of donations, minus postage, indicating the reasons for the return. A candidate, registered candidate, an electoral association, electoral bloc shall not be held responsible for acceptance of donations whose donor falsified the data required under Clauses 1 and 2 of this Article, if they were not informed of the inadmissibility of these donations in due time.

5. Within ten days after anonymous donations have been deposited into the special electoral account a candidate, registered candidate, an electoral association, electoral bloc shall remit these donations to the federal budget.

6. Individual persons and legal entities may financially support the activities conducive to nomination and election of a candidate, registered candidate, federal list of candidates only through appropriate electoral funds. No paid work shall be performed, goods sold, paid services rendered, if they are directly or indirectly related to the election, without documents confirming the consent of a candidate, registered candidate or persons authorized by him/her, authorized representatives of an electoral association, electoral bloc for financial matters to the performance of the work, sale of the goods, provision of services and to payment therefor from the corresponding electoral fund. Legal entities, their branches, representative offices and other divisions shall not perform any work, render any services directly or indirectly related to the election free of charge or at unreasonably low (high) rates. Material support may be rendered to the election activity of a candidate, registered candidate, an electoral association, electoral bloc only if it is paid for from the electoral funds of the corresponding candidate, registered candidate, electoral association, electoral bloc. In the course of an election campaign an individual person may perform work for and render services to a candidate, registered candidate, an electoral association, electoral bloc voluntarily, personally and free of charge, without involvement of third persons.

Article 66. Reporting With Regard to Money on Electoral Funds

1. The procedure for opening and maintaining special electoral accounts, keeping records and presenting reports as well as the forms of reports of candidates, registered candidates, electoral associations, electoral blocs with regard to the money contributed to and spent from their electoral funds shall be determined by the Central Election Commission of the Russian Federation and agreed upon with the Central Bank of the Russian Federation. A candidate, registered candidate, an electoral association, electoral bloc shall keep records of the money contributed to and spent from their electoral funds.

2. Candidates, registered candidates, electoral associations, electoral blocs shall file financial reports with appropriate election commissions within the following periods:

(a) the first financial report - when the documents required for registration are submitted to the appropriate election commission as prescribed by this Federal Law; the report shall be drawn up as of the date seven days before the date of the report;

(b) the second financial report - not earlier than 20 days and not later than 10 days before voting day; the report shall be drawn up as of the date five days before submission of the report;

(c) the final financial report - not later than 30 days after the official publication of election results. The final financial report shall be submitted together with the primary financial documents confirming contribution of money to and expenditure of sums from an electoral fund as well as the materials indicated in Clause 3 Article 59 of this Federal Law.

3. If a candidate, registered candidate has lost his/her status, the obligation to submit the financial report shall be submitted by a person who was a candidate, registered candidate. The financial report of an electoral association, electoral bloc shall be submitted by an authorized representative of the electoral association, electoral bloc for financial matters and, in the absence of such a representative, by some other person authorized to represent the political public association which participated in the election campaign as an electoral association or within an electoral bloc.

4. The copies of financial reports of registered candidates, electoral associations, electoral blocs which registered federal lists of candidates shall be handed over to the mass media by the appropriate election commission within five days upon the receipt thereof.

5. At least once a week and at least once during three business days within the period of less than ten days prior to voting day, the branches of the Savings Bank of the Russian Federation shall furnish district election commissions, the Central Election Commission of the Russian Federation with the information concerning the receipt and expenditure of money on special electoral accounts of, respectively, candidates, registered candidates, electoral associations, electoral blocs according to the form to be determined by the Central Election Commission of the Russian Federation. Periodically, but at least once every two weeks before voting day, the appropriate district election commission, the Central Election Commission of the Russian Federation shall furnish information about sums contributed to and spent from electoral funds to the mass media for publication. The appropriate election commission shall disclose the information supplied by the branches of the Savings Bank of the Russian Federation about sums contributed to and spent from electoral funds to registered candidates, electoral associations, electoral blocs which have registered federal lists of candidates and to the mass media on their official requests.

6. The periodicals indicated in Clauses 2 and 3 of this Federal Law shall publish information furnished by the appropriate election commissions about sums contributed to and spent from electoral funds. The following information shall be subject to mandatory publication:

(a) financial operations which involve expenditure of money from the electoral fund in an amount exceeding the minimum wage established by law as of the date of official publication of a decision to call (hold) election of deputies of the State Duma by more than 2 thousand times for an electoral association, electoral bloc and 500 times for a candidate, registered candidate;

(b) legal entities which donated sums to the electoral fund exceeding the minimum wage established by law as of the date of official publication of a decision to call (hold) election of deputies of the State Duma by more than one thousand times for an electoral association, electoral bloc and 250 times for a candidate, registered candidate;

c) the number of people who have donated sums to the electoral fund exceeding 50 minimum wages established by law as of the date of official publication of a decision to call (hold) the election of deputies of the State Duma;

d) sums returned to donors and reasons therefor;

e) the total amount of money remitted to the electoral fund and the total amount of money spent therefrom.

7. Within five days upon receipt from the appropriate election commissions of a list of legal entities which have made voluntary donations to the electoral funds of candidates. registered candidates, electoral associations, electoral blocs the bodies of state power of the Russian Federation, the bodies of state power of Subjects of the Russian Federation, the bodies and organizations authorized by them, which are in charge of registration of legal entities shall furnish to these commissions, free of charge, the information indicating the founders of the organizations; the foreign, state or municipal share (in percent) or the absence of such a share in the charter (authorized) capital of these legal entities; the full name and date of registration of the legal entities. This information shall be submitted according to forms established by the Central Election Commission of the Russian Federation. In this case, use may be made of the state automated information system. Upon the request of candidates, registered candidates, electoral associations, electoral blocs the appropriate election commission shall promptly present to them the information which it has at its disposal as of the date of the request. If an election commission receives information about donations made in violation of Clause 6 Article 62 of this Federal Law, this information shall be promptly made known to the appropriate candidates, registered candidates, electoral associations, electoral blocs.

Article 67. Return of Money by Candidates, Registered Candidates, Electoral Associations, Electoral Blocs

1. Prior to submission of the final financial report but not before an election commission returns the electoral deposit (if such a deposit was paid) a candidate who has not been registered by the appropriate election commission, an electoral association, electoral bloc which has not registered its federal list of candidates shall return the unspent sums remaining in their electoral funds to the organizations and individual persons that have donated money to their electoral funds, in proportion to the contributed amounts, minus postage. The money shall be returned in accordance with a procedure established by Article 64 of this Federal Law.

2. A registered candidate who, according to voting returns, has received not less than three percent of the total number of votes cast by voters who took part in the voting in a single-mandate electoral district or who has been declared elected, as well as a registered candidate who has withdrawn his/her candidature before voting day because of compelling reasons, an electoral association, electoral bloc with a registered federal list of candidates which has received not less than 2 percent of the total number of votes cast by voters who took part in the voting in the federal electoral district or which has taken part in the distribution of deputy mandates as well as an electoral association, electoral bloc which has recalled a federal list of candidates because of compelling reasons shall, within 30 days after voting day, return unspent money remaining in their electoral funds to the appropriate election commission, in proportion to the amounts remitted to the electoral funds by the election commission. Upon the elapse of the aforementioned period the money due to the election commission shall be remitted to its account by a branch of the Savings Bank of the Russian Federation on a mandatory written instruction of the election commission.

3. After returning the money to the appropriate election commissions but before submitting the final financial report a registered candidate, an electoral association, electoral bloc coming within Clause 2 of this Article shall, with the concurrence of the appropriate election commission, remit unspent sums remaining in their electoral funds, minus postage, to the organizations and individual persons that have made donations to their electoral funds, in proportion to the donated amounts.

4. Within 30 days after voting day, a registered candidate, an electoral association, electoral bloc that do not come within Clause 2 of this Article shall return the full amount of money that was remitted by the appropriate election commission for the formation of their electoral funds in accordance with this Federal Law and for payment of travel expenses. Upon the elapse of the aforementioned period the money due to the election commission shall be remitted to its account by a branch of the Savings Bank of the Russian Federation on a mandatory written instruction of the election commission.

5. An electoral association, electoral bloc which does not come within Clause 2 of this Article shall fully compensate TV and radio broadcasting organizations and editorial offices of periodicals coming within Clauses 2 and 3 Article 55 of this Federal Law for the cost of free air time and free printing space provided by them. Such compensation shall be paid by the electoral associations, electoral blocs out of their electoral funds before submission of the final financial report.

6. Within three days after official publication of the general election results the appropriate election commission shall notify registered candidates, electoral associations, electoral blocs that do not come within Clause 2 of this Article about the return of sums allocated from the budget to their electoral funds and for payment of travel expenses in accordance with this Federal Law, indicating the sums to be returned.

7. Within three days after official publication of the general election results the Central Election Commission of the Russian Federation shall furnish TV and radio broadcasting organizations and editorial offices of periodicals indicated in Clauses 2 and 3 Article 55 of this Federal Law with a list of electoral associations, electoral blocs coming within Clause 5 of this Article and of electoral associations comprised in electoral blocs coming within Clause 5 of this Article, their legal addresses and certified copies of excerpts from the joint decisions of the electoral blocs concerning the procedure of payment of compensation for the free air time and free printing space provided to them.

8. Within ten days after publication of the general election results TV and radio broadcasting organizations and editorial offices of periodicals indicated in Clauses 2 and 3 Article 55 of this Federal Law shall inform each electoral association, electoral bloc coming within Clause 5 of this Article and each electoral association comprised in electoral blocs coming within Clause 5 of this Article about the amount and cost of free air time and free printing space provided to them and about their own legal addresses and bank accounts.

9. The cost of free air time and free printing space shall be determined on the basis of the amount of air time and printing space made available to electoral associations, electoral blocs as provided in Clauses 5 and 6 Article 56 and Clauses 4 and 5 Article 57 of this Federal Law and the rates set and announced by the TV and radio broadcasting organizations and editorial offices of periodicals as provided in Clause 12 Article 56 and Clause 9 Article 57 of this Federal Law. If electoral associations, electoral blocs with registered federal lists of candidates used free air time for joint campaigning events indicated in Clause 7 Article 56 of this Federal Law, the sums to be returned by each of them shall be determined in equal shares by the TV and radio broadcasting organizations depending on the total number of the participants (electoral associations, electoral blocs) in each of the said joint campaigning events in which they took part. No monetary compensation shall be paid for free air time and free printing space if an electoral association, electoral bloc officially refused to use free air time, free printing space provided to them in a procedure and within time limits indicated in Clause 15 Article 56 and Clause 12 Article 57 of this Federal Law.

10. A registered candidate, an electoral association, electoral bloc that do not come within Clause 2 of this Article shall not return any sums remaining unspent in their electoral funds to the organizations and individual persons that made donations or sent remittances to their electoral funds before money has been returned to the appropriate election commission and before the electoral association, electoral bloc has compensated TV and radio broadcasting organizations and editorial offices of periodicals for the cost of free air time and free printing space. In this case, the first priority of an electoral association, electoral bloc shall be to return money to the election commission. After money has been returned to the election commission and after TV and radio broadcasting organizations and editorial offices of periodicals have been compensated for the cost of the provided free air time and free printing space a registered candidate, an electoral association, electoral bloc that do not come within Clause 2 of this Article shall remit the unspent sums remaining in their electoral funds to the accounts of individual persons and legal entities that have made donations in proportion to the amounts thereof.

11. Upon the elapse of 60 days after voting day, on a written instruction of the appropriate election commission branches of the Savings Bank of the Russian Federation shall remit sums remaining on the special electoral accounts of electoral funds of candidates, registered candidates, electoral associations, electoral blocs to the federal budget.

12. If an electoral fund is short of or has no money, a registered candidate, an electoral association, electoral bloc shall return budget funds to the appropriate election commission and electoral associations, electoral blocs shall compensate for the cost of free air time and free printing space provided to them from their own funds. In this case, if an obligation to return money allocated from the federal budget to the electoral fund and for payment of travel expenses and to compensate for the cost of free air time and free printing space is borne by an electoral bloc, the amount of money to be returned (refunded) shall be equally divided between electoral associations that were comprised in the given bloc as of voting day, unless provided otherwise in a joint decision on the formation of the bloc submitted earlier to the Central Election Commission of the Russian Federation.

13. A registered candidate who does not come within Clause 2 of this Article and who failed to meet the requirements of Clause 4 of this Article before submission of the final financial report may return budget funds to the account of the election commission of a Subject of the Russian Federation in the territory of which the given electoral district is located within 12 months after voting day, if, when filing the final financial report on the formation and expenditure of the electoral fund in due time established by this Federal Law, he/she submits a personal statement wherein he/she assumes an obligation to repay the debt.

14. An electoral association, electoral bloc which does not come within Clause 2 of this Article and failed to meet the requirements of Clauses 4 and 5 of this Article before submission of the final financial report may return budget funds to the account of the Central Election Commission of the Russian Federation and compensate TV and radio broadcasting organizations and editorial offices of periodicals for the cost of free air time and free printing space within 12 months after voting day if, when filing the final financial report in due time established by this Federal Law they submit statements to, respectively, the Central Election Commission of the Russian Federation and TV and radio broadcasting organizations and editorial offices of periodicals wherein they assume an obligation to repay the debt (pay the compensation). In the event of a default on the obligations assumed in the statements the money shall be collected on the basis of a court order upon the elapse of the period for the return of the money indicated in the statements.

15. If the obligations assumed in the statements submitted under Clauses 13 and 14 of this Article are not fulfilled, the money shall be collected on the basis of a court order upon expiration of the time indicated in the statements for the return of the money. If a registered candidate, an electoral association, electoral bloc that do not come within Clause 2 of this Article and failed to meet the requirements of Clauses 4 and 5 of this Article before submission of the final financial report have not submitted statements indicated in Clauses 13 and 14 of this Article, the money shall be collected from them on the basis of a court order upon the elapse of the time for submission of the final financial report.

16. If a candidate, registered candidate has lost his/her status, the obligations established in this Article in respect of candidates, registered candidates shall be borne by the citizen who was a candidate, registered candidate. Upon the end of the election campaign the obligations imposed by this Article on electoral associations, electoral blocs shall be borne by political public associations which participated in the given election campaign, as electoral associations, in particular, within an electoral bloc.

17. Not later than 13 months after voting day TV and radio broadcasting organizations and editorial offices of periodicals coming within Clauses 2 and 3 Article 55 of this Federal Law shall inform the Central Election Commission of the Russian Federation about political public associations coming within Clause 5 of this Article which have not paid full compensation for the cost of free air time and free printing space. Not later than 13 months after voting day (and, if, in this time, repeat or by-elections were announced, within ten days after their announcement) the election commissions of the Subjects of the Russian Federation shall inform the Central Election Commission of the Russian Federation about Russian Federation citizens coming within Clause 4 of this Article who owe debts to election commissions.

18. Within ten days after official publication of a decision to call the subsequent main, repeat election or a by-election of deputies of the State Duma the Central Election Commission of the Russian Federation shall furnish the election commissions of the Subject of the Russian Federation with the lists of Russian Federation citizens coming under Clause 4 of this Article who owe debts to election commissions. The election commissions of the Subjects of the Russian Federation shall forward the said lists to district election commissions within five days of their formation and, in the event of repeat elections and by-elections, on the day of the receipt of these lists.

19. In the event of main and repeat elections and by-elections of deputies of the State Duma a citizen of the Russian Federation coming within Article 4 of this Article and having arrears on repayment of budget funds to the election commission as of the day of official publication of a decision to call these elections shall not be entitled to receive federal budget funds, regardless of the electoral district where he/she ran for election, An electoral association coming within Clauses 4 and 5 of this Article, which participated in the previous election of deputies of the State Duma independently or within an electoral bloc and which is in arrears on repayment of budget funds to the Central Election Commission of the Russian Federation and owes money to TV and radio broadcasting organizations and editorial offices of periodicals as of the day of official publication of a decision to call the next election of deputies of the State Duma, shall not be entitled to receive any money from the Central Election Commission of the Russian Federation and use free air time and printing space when this election is held. This rule shall also apply to electoral blocs formed with the participation of the aforementioned political public associations.

Article 68. Financial Support of Election Commissions

1. The funds allocated for the preparation and conduct of the election and the financing of the activities of election commissions shall be used by election commissions at their discretion for the purposes defined by this Federal Law.

2. The allocations from the federal budget including the funds remaining from previous periods shall be used to finance the following expenditures of election commissions:

(a) on the participation in the formation of electoral funds of registered candidates, electoral associations and electoral blocs which registered their federal lists of candidates, in a manner and amount established by this Federal Law;

(b) on compensation payments and payment of transport expenses (with the exception of taxi and chartered transport) to candidates registered in single-mandate electoral districts and candidates included on registered federal lists of candidates, in a manner and amount established by Article 49 of this Federal Law;

(c) on the additional remuneration of voting members of election commissions, staff members of commissions and non-staff employees who work in commissions under labor and civil-law contracts;

(d) on production of printed materials and publishing; acquisition and installation of technological equipment;

(e) on the payment of transport expenses, including expenses on the organization of voting in remote and hard-to-reach areas;

(f) on the delivery and safekeeping of electoral documentation;

(g) on the development of the electoral system, including introduction of new electoral technologies, means of automation, legal education of voters and election organizers, implementation of purpose-oriented programs;

(h) on the payment of travel and other expenses incidental to the conduct of the election; on the support of the powers and activities of election commissions.

3. Russian Federation citizens who, on the request of an election commission, have been released from the main job for the period of preparation and conduct of the election to serve as a voting member on an election commission shall receive the average salary at the main job to be paid by the organization regardless of its form of ownership. Additional remuneration may be paid to voting members of an election commission who are relieved from their main jobs for the period of the preparation and conduct of the election from the funds allocated for the conduct of the election, in the amount and manner to be established by the Central Election Commission of the Russian Federation.

4. Labor remuneration of voting members of an election commission who are on the permanent staff thereof shall be paid within the limits of federal budget funds allocated to the election commission in the amount and the manner established by the Central Election Commission of the Russian Federation.

5. The procedure for opening and servicing bank accounts, accounting, reporting, remitting funds allocated by the Central Election Commission of the Russian Federation to other election commissions shall be established by the Central Election Commission of the Russian Federation and agreed upon with the Central Bank of the Russian Federation. The banks shall not charge any fee for opening and servicing accounts of election commissions and shall not pay any interest on the funds kept thereon. Election commissions shall keep accounting records to reflect expenditure of funds allocated from the federal budget.

6. The forms of a financial report of election commissions on the receipt and expenditure of funds allocated for the preparation and conduct of the election and the form of presentation of information concerning the sums contributed to and spent from electoral funds of candidates, registered candidates, electoral associations, electoral blocs shall be established by the Central Election Commission of the Russian Federation and agreed upon with the Central Bank of the Russian Federation.

7. A precinct election commission shall submit a report on the receipt and expenditure of federal budget funds allocated to the given precinct election commission for the preparation and conduct of the election to a territorial election commission not later than ten days after voting day. A territorial election commission shall submit a report on the receipt and expenditure of federal budget funds allocated to the given territorial election commission for the preparation and conduct of the election to the election commission of a Subject of the Russian Federation not later than 25 days after voting day.

8. A district election commission shall submit a report on the receipt and expenditure of federal budget funds allocated to the given district election commission for the preparation and conduct of the election and the information concerning the sums contributed to and spend from electoral funds of candidates, registered candidates to the election commission of a Subject of the Russian Federation not later than 45 days after the day of official publication of the election results in a single-mandate electoral district.

9. The election commission of a Subject of the Russian Federation shall submit a financial report on the receipt and expenditure of federal budget funds allocated to the given election commission of the Subject of the Russian Federation for the preparation and conduct of the election and the information concerning the sums contributed to and spent from electoral funds of candidates, registered candidates in each single-mandate electoral district to the Central Election Commission of the Russian Federation not later than 60 days after the day of official publication of the general election results.

10. The Central Election Commission of the Russian Federation shall submit a financial report on the expenditure of federal budget funds and the information concerning the sums contributed to and spent from electoral funds of candidates, registered candidates, electoral associations, electoral blocs to the chambers of the Federal Assembly of the Russian Federation and make them available to the mass media not later than three months after the day of official publication of the general election results. The said financial report and information shall be published by the Central Election Commission of the Russian Federation in its official bulletin not later than one month after their submission to the chambers of the Federal Assembly of the Russian Federation.

Article 69. The Review-Auditing Service of Election Commissions

1. The following review-auditing services shall be organized in election commissions to exercise control over the correct utilization of funds allocated to election commissions and monitor the sources, correct registration and use of the resources of electoral funds:

(a) the review-auditing service of the Central Election Commission of the Russian Federation;

(b) the review-auditing service of the election commission of a Subject of the Russian Federation;

(c) review-auditing s of district election commissions (to be organized by the decision of the election commission of a Subject of the Russian Federation agreed upon with the Central Election Commission of the Russian Federation).

2. The review-auditing service shall include the head and the deputy head (deputy heads) of the service, members of the appropriate election commission appointed to the review-auditing service and specialists of the review-auditing service from the staff of state (law-enforcement, fiscal and other) bodies, organizations and institutions, including the Central Bank of the Russian Federation and the Savings Bank of the Russian Federation. On the request of the appropriate election commission these bodies shall, not later than a month after the day of official publication of a decision to call the election, assign specialists to the Central Election Commission of the Russian Federation and the election commission of a Subject of the Russian Federation for a period of not less than six months and to a district election commission for a period of not less than four months.

3. Specialists of the review-auditing service shall perform their duties while being temporarily released from their main job and shall receive their salary and other payments at the main place of work.

«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»




ÏÓÁËÈÊÀÖÈÈ ÈÐÈÑ



© Copyright ÈÐÈÑ, 1999-2024  Êàðòà ñàéòà