.



Юридическая консультация онлайн

, .


:

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

:

Рейтинг@Mail.ru




22.10.2020, . 18:22


«« . |  | . »»

Chapter VII. Election Campaigning

Article 44. Election Campaigning and Its Forms

Article 45. Election Campaigning Period

Article 46. Public Opinion Polls

Article 47. TV and Radio Broadcasting Organizations and Periodicals Which Are Used by Registered Candidates for Election Campaigning

Article 48. General Conditions for Election Campaigning on the Channels of TV and Radio Broadcasting Organizations and in Periodicals

Article 49. Conditions for Election Campaigning on TV and Radio

Article 50. Conditions for Election Campaigning Through Periodicals

Article 51. Conditions for Election Campaigning by Means of Public Events

Article 52. Conditions for Production and Distribution of Printed, Audio-Visual and Other Election Propaganda Materials

Article 53. Inadmissibility of Misuse of the Right to Election Campaigning


ARTICLE 44. Election Campaigning and Its Forms

1. Election campaigning may be conducted:

    (a) on the channels of TV and radio broadcasting organizations and in periodicals;

    (b) by organizing public events (gatherings and meetings with citizens, rallies, marches, demonstrations, public debates and discussions);

    (c) by issuing and distributing printed, audio-visual and other propaganda materials;

(d) in other forms which are not prohibited by law.

2. Election campaigning on the channels of TV and radio broadcasting organizations and in periodicals shall be conducted in the form of public debates, discussions, roundtables, press conferences, interviews, speeches, political advertising, demonstration of TV features and video films about a registered candidate and in other forms which are not prohibited by law. Registered candidates shall be entitled to select the form and nature of their election campaigning at their own discretion. Payment for election campaigning on the channels of TV and radio broadcasting organizations and in periodicals shall be made from the electoral funds of registered candidates, save the cases when air time and space in periodicals are provided to registered candidates free of charge in a procedure established by Articles 48 - 50 of this Federal Law.

3. Election campaigning shall not be conducted and any kind of election propaganda materials shall not be produced and distributed by:

(a) federal bodies of state power, bodies of state power of the Subjects of the Russian Federation, other state bodies, bodies of local self-government;

(b) persons holding government and municipal offices, government and municipal employees, servicemen - when they are discharging their official duties or if they are to use their official position or status for the purpose;

(c) military units, military establishments and organizations;

(d) charity organizations, religious associations and the organizations founded by them;

(e) election commissions, voting members of election commissions.

ARTICLE 45. Election Campaigning Period

1. Election campaigning shall start from the day of a candidate's registration, save as established otherwise by this Federal Law, and shall end at 00.00 hours, local time, one day prior to voting day.

2. All kinds of election campaigning shall be prohibited from the day on which the decision to call (hold) the election of the President of the Russian Federation was published to the day of a candidate's registration and also on voting day and a day before.

3. Printed election propaganda materials (leaflets, posters, etc.) which were earlier displayed in places other than the buildings and premises of election commissions in compliance with the rules established by the federal law shall remain in place on voting day.

4. In the event of the repeat voting election campaigning shall start from the day on which the Central Election Commission of the Russian Federation appoints the day of the repeat voting and shall end at 00.00 hours, local time, a day before the day of the repeat voting.

ARTICLE 46. Public Opinion Polls

1. When publishing (making public) the results of public opinion polls related to the election of the President of the Russian Federation the mass media shall indicate the organization which conducted the poll, the time when it was conducted, the number of respondents (sample), the method for the collection of information, the precise formulation of the question, the statistical assessment of a possible error.

2. After the last day of registration of candidates the organizations which conduct opinion polls in connection with the election of the President of the Russian Federation with a view of publishing their results in the mass media and the organizations which publish the results of such opinion polls and forecasts concerning the election results shall furnish copies of these publications to the Central Election Commission of the Russian Federation for the formation of a data bank from which information shall be available for examination or copying to persons indicated in Clause 1 Article 21 of this Federal Law and to foreign (international) observers on their request.

3. During three days prior to voting day and on voting day the mass media shall not publish any information about the results of public opinion polls, any forecasts concerning the results of the election of the President of the Russian Federation, any other studies related to the election.

ARTICLE 47. TV and Radio Broadcasting Organizations and Periodicals Which Are Used by Registered Candidates for Election Campaigning

1. Registered candidates may use the services of the following TV and radio broadcasting organizations and editorial offices of periodicals for election campaigning in the election of the President of the Russian Federation:

    (a) all-Russian state-run TV and radio broadcasting organizations, i.e. TV and radio broadcasting organizations with a stable reception zone extending to a half or more than a half of the Subjects of the Russian Federation, which are founded (co-founded) by state bodies, organizations, institutions and/or which, in the year preceding the day of official publication of the decision to call (hold) the election, were financed by not less than 15 percent of their budget from the funds allocated by federal bodies of state power, bodies of state power of the Subjects of the Russian Federation;

    (b) regional state-run TV and radio broadcasting organizations, i.e. TV and radio broadcasting organizations with a stable reception zone extending to less than a half of the Subjects of the Russian Federation, which are founded (co-founded) by state bodies, organizations, institutions and/or which, in the year preceding the day of official publication of the decision to call (hold) the election, were financed by not less than 15 percent of their budget from the funds allocated by federal bodies of state power, bodies of state power of the Subjects of the Russian Federation, as well as the corresponding divisions of the TV and radio broadcasting organizations indicated in Sub-clause a of this Clause;

    (c) editorial offices of all-Russian state-run periodicals, i.e. editorial offices of periodicals distributed in the territory of a half or more than a half of the Subjects of the Russian Federation, which are founded (co-founded) by state bodies, organizations, institutions and/or which, in the year preceding the day of official publication of the decision to call (hold) the election, were financed by not less than 15 percent of their budget from the funds allocated by federal bodies of state power, bodies of state power of the Subjects of the Russian Federation, save the editorial offices of periodicals indicated in Sub-clause 2 of this Clause;

    (d) editorial offices of regional state-run periodicals, i.e. editorial offices of periodicals distributed in the territory of less than a half of the Subjects of the Russian Federation, if these editorial offices or these periodicals are founded (co-founded) by state bodies, organizations, institutions and/or if, in the year preceding the day of official publication of the decision to call (hold) the election, these editorial offices of periodicals were financed by not less than 15 percent of their budget from the funds allocated by federal bodies of state power, bodies of state power of the Subjects of the Russian Federation, save the editorial offices of periodicals indicated in Sub-clause 2 of this Clause;

    (e) municipal TV and radio broadcasting organizations and editorial offices of municipal periodicals, i.e. TV and radio broadcasting organizations and editorial offices of periodicals, if these organizations, periodicals or their editorial offices are founded (co-founded) by bodies of local self-government and/or if, in the year preceding the day of official publication of the decision to call (hold) the election, these organizations, editorial offices were financed by not less than 15 percent of their budget from the funds allocated by bodies of local self-government, save the editorial offices of periodicals indicated in Sub-clause 2 of this Clause;

    (f) all-Russian non-state-run TV and radio broadcasting organizations, i.e. the TV and radio broadcasting organizations which do not come within Sub-clauses a - e of the this Clause, whose zone of reliable reception extends to a half or more than a half of the Subjects of the Russian Federation;

    (g) regional non-state-run TV and radio broadcasting organizations, i.e. the TV and radio broadcasting organizations which do not come within Sub-clauses a - e of the this Clause, whose zone of reliable reception extends to less than a half of the Subjects of the Russian Federation;

    (h) editorial offices of all-Russian non-state-run periodicals, i.e. the editorial offices which do not come within Sub-clauses a - e of this Clause, with their periodicals distributed in the territory of a half or more than a half of the Subjects of the Russian Federation;

    (i) editorial offices of regional non-state-run periodicals, i.e. the editorial offices which do not come within Sub-clauses a - e of this Clause, with their periodicals distributed in the territory of less than a half of the Subjects of the Russian Federation;

    (j) specialized TV and radio broadcasting organizations and editorial offices of specialized periodicals (cultural-educational, children's, technical, scientific, etc.).

2. The editorial offices of periodicals founded by bodies of legislative (representative) and judicial power and by bodies of local self-government exclusively for the publication of their official documents and announcements, statutory and other acts shall not publish any election propaganda materials and editorials highlighting the activity of candidates, registered candidates, electoral associations, electoral blocs, initiative groups of voters which nominated candidates, registered candidates.

3. The list of all-Russian state-run TV and radio broadcasting organizations and all-Russian state-run periodicals shall be published by the Central Election Commission of the Russian Federation on the basis of the information submitted by the appropriate federal bodies of executive power which formulate and implement the state policy in the field of the mass media, not later than the tenth day after the day of official publication of the decision to call (hold) the election of the President of the Russian Federation. The said list shall make a special mention of the all-Russian state-run periodicals which come out less frequently than once a week.

4. The list of regional state-run TV and radio broadcasting organizations and regional state-run periodicals shall be published by the election commissions of the Subjects of the Russian Federation on the basis of the information submitted by the appropriate territorial agencies of the federal bodies of executive power which formulate and implement the state policy in the field of the mass media and the bodies of executive power of the Subjects of the Russian Federation, not later than the tenth day after the day of official publication of the decision to call (hold) the election of the President of the Russian Federation. The said list shall make a special mention of the regional state-run periodicals which come out less frequently than once a week.

ARTICLE 48. General Conditions for Election Campaigning on the Channels of TV and Radio Broadcasting Organizations and in Periodicals

1. Air time may on the channels of TV and radio broadcasting organizations and space in periodicals may be provided to registered candidates free (free air time, free space) in a procedure set forth in this Article, Articles 49 and 50 of this Federal Law or for a charge.

2. The state and municipal TV and radio broadcasting organizations and editorial offices of state and municipal periodicals shall guarantee registered candidates equal terms and conditions for election campaigning, presentation of their election programs to voters.

3. Non-state-run TV and radio broadcasting organizations and editorial offices of non-state-run periodicals may provide air time, space to registered candidates for a charge. In the event of provision of air time and space the rates and payment terms shall be the same for all registered candidates for whom air time, space was provided.

4. A TV and radio broadcasting organization, editorial office of a periodical shall publish information about the rates (in Russian Federation currency) and terms of payment for air time, space not later than 30 from the day of official publication of the decision to call (hold) the election of the President of the Russian Federation. This information along with a notice of readiness to provide air time, space to registered candidates shall be presented: to the Central Election Commission of the Russian Federation - by all-Russian TV and radio broadcasting organizations and editorial offices of all-Russian periodicals; to the election commission of the Subject of the Russian Federation - by the regional and municipal TV and radio broadcasting organizations and editorial offices of regional and municipal periodicals.

5. Election campaigning on the channels of state and municipal TV and radio broadcasting organizations shall be conducted on working days in the period which commences 30 days prior to voting day and ends one day prior to voting day, on working days. Election campaigning in periodicals shall be conducted in the period which commences 40 days prior to voting day and ends one day prior to voting day.

6. In the event of the repeat voting election campaigning on the channels of state and municipal TV and radio broadcasting organizations and in state and municipal periodicals shall be conducted on working days in the period which commences two days after the repeat voting was declared and ends one day prior to voting day.

7. Non-state and municipal TV and radio broadcasting organizations, editorial offices of periodicals and editorial offices of state-run periodicals which come out less frequently than once a week may refuse to take part in any propaganda activity. Specialized TV and radio broadcasting organizations and editorial offices of specialized periodicals may refuse to take part in highlighting the election campaign. Such refusal shall be non-presentation to the appropriate election commission of the notice indicated in Sub-clause 4 of this Clause.

8. TV and radio broadcasting organizations and editorial offices of periodicals which provided air time and space to registered candidates free or for a charge shall keep separate records of the amount and cost of this air time and space according to a form established by the Central Election Commission of the Russian Federation. Five days prior to voting day and within five days after voting day, the data of these records shall be presented by all-Russian TV and radio broadcasting organizations and editorial offices of all-Russian periodicals to the Central Election Commission of the Russian Federation, by regional and municipal TV and radio broadcasting organizations and editorial offices of regional and municipal periodicals to the election commission of the Subject of the Russian Federation.

9. TV and radio broadcasting organizations and editorial offices of periodicals - on the request of the Central Election Commission of the Russian Federation, regional and municipal TV and radio broadcasting organizations and editorial offices of regional and municipal periodicals - also on the request of the election commissions of the Subject of the Russian Federation shall present to these commissions the documents confirming the consent of a registered candidate to the provision of paid services and to payment therefor.

ARTICLE 49. Conditions for Election Campaigning on TV and Radio

1. Registered candidates shall be entitled to provision of free air time on the channels of state-run TV and radio broadcasting organizations on equal terms and conditions (length of air time, timing and other terms and conditions).

2. Free air time on the channels of state-run TV and radio broadcasting organizations shall be made available on working days in the period indicated in Clause 5 Article 48 of this Federal Law or, if the number of registered candidates is less then ten, in the period which commences 20 days prior to voting day and ends one day prior to voting day.

3. In the event of the repeat voting free air time shall be provided on the channels of state-run TV and radio broadcasting organizations to two registered candidates for whom the repeat voting is conducted, in the period indicated in Clause 6 Article 48 of this Federal Law.

4. Free air time shall be provided in the broadcast periods viewed or listened to by the greatest number of persons.

5. The total amount of free air time to be made available for election campaigning by each all-Russian state-run TV and radio broadcasting organization shall be not less than one hour on working days in the period established in Clauses 5 or 6 Article 48 of this Federal Law. The total amount of free air time to be made available for election campaigning by each regional state-run TV and radio broadcasting organization shall be not less than 30 minutes on working days in the same period and, if the total broadcasting time of a TV and broadcasting organization is less than two hours a day, not less than one-fourth of the total broadcasting time.

6. One half, or, in the period indicated in Clause 6 of Article 48 of this Federal Law, two-thirds of the total amount of free air time made available by the TV and radio broadcasting organizations indicated in Clause 5 of this Article shall be given to registered candidates for joint debates, roundtables and other joint campaigning events of a similar kind. All registered candidates shall be allowed to use this part of free air time on equal conditions.

7. A registered candidate may refuse to take part in a joint propaganda event indicated in Clause 6 of this Article not later than four days prior to the day on which this event is to be aired. If after lot drawing indicated in Clause 8 of this Article the refusal of a registered candidate (registered candidates) to Participate in a joint propaganda event leave only one registered candidate willing to take part in this propaganda event, free air time shall be provided to this registered candidate on his/her request within the share obtained by the division of the air time set aside for the joint event by the number of registered candidates who should have participated in this propaganda event. The refusal of a registered candidate to participate in joint campaigning events shall not entitle the candidate to receive a greater amount of free air time to which the candidate is entitled in accordance with Clause 8 of this Article.

8. In accordance with the results of lot-drawing to be conducted within a week after the end of registration of candidates or, in the event of the repeat voting, not later than one day after the day on which the repeat voting was declared the remaining part of free air time available from TV and radio broadcasting organizations indicated in Clause 5 of this Article shall be divided in equal parts between registered candidates who applied for participation in this lot-drawing.

9. Not less than three-fourths of free air time made available in accordance with Clause 8 of this Article shall be used by a registered candidate for his/her speeches, press conferences, interviews.

10. Lot-drawing to determine concrete dates and time for airing election propaganda materials of registered candidates on the channels of all-Russian state-run TV and radio broadcasting organizations shall be organized by the Central Election Commission of the Russian Federation together with the representatives of TV and radio broadcasting organizations. Lot-drawing to determine concrete dates and time for airing election propaganda materials of registered candidates on the channels of regional state-run TV and radio broadcasting organizations shall be organized by the election commission of the Subject of the Russian Federation together with the representatives of TV and radio broadcasting organizations. The lot-drawing procedure may be witnessed by persons listed in Clause 1 Article 21 of this Federal Law. The results of lot-drawing shall be recorded in a protocol. The air time distribution schedule determined on the basis of lot-drawing results shall be published in, respectively, all-Russian and regional state-run periodicals.

11. The expenses of TV and radio broadcasting organizations incidental to provision of free air time to registered candidates shall be covered from current budgets of these TV and radio broadcasting organizations.

12. State-run TV and radio broadcasting organizations shall reserve air time to be used by registered candidates for election campaigning on a paid basis. The rates and the terms of payment shall be the same for all registered candidates. The total amount of paid air time to be reserved by each state-run TV and radio broadcasting organization shall not be less than the total amount of free air time made to be made available in accordance with Clause 5 of this Article but shall not exceed this amount by more than two times.

13. Each registered candidate shall be entitled, for a charge, to use the reserved air time within its share given by the division of the total amount of reserved air time by the total number of registered candidates.

14. TV and radio broadcasting organizations shall provide air time indicated in Clause 12 of this Article on working days in the period which commences 30 days prior to voting day and ends one day prior to voting day, or, in the event of the repeat voting, on working days in the period established by Clause 6 Article 48 of this Federal Law. The date and time when election propaganda materials of registered candidates are to be aired shall be determined by means of lot-drawing to be arranged by a state-run TV and radio broadcasting organization with the participation of interested persons on the basis of written applications for participation in lot-drawing from registered candidates. Lot-drawing shall be conducted in the period established by Clause 8 of this Article. The lot-drawing procedure may be witnessed by members of, respectively, the Central Election Commission of the Russian Federation and the election commission of the Subject of the Russian Federation as well as by the persons indicated in Clause 1 Article 21 of this Federal Law. Air time shall be provided on the basis of a contract to be concluded after lot-drawing.

15. Municipal TV and radio broadcasting organizations which complied with the provisions of Clause 4 Article 48 of this Federal Law shall provide air time to registered candidates for election campaigning for a charge. The rates and terms of payment shall be the same for all registered candidates. A municipal TV and radio broadcasting organization shall determine at its own discretion the total amount of air time to be made available to registered candidates. The date and time when election propaganda materials of each registered candidate are to be aired shall be determined by means of lot-drawing to be arranged by the TV and radio broadcasting organization with the participation of interested persons on the basis of written applications for participation in lot-drawing from registered candidates. Lot-drawing shall be conducted within the period established by Clause 8 of this Article. Air time shall be provided on the basis of a contract to be concluded after lot-drawing.

16. If, after lot-drawing, a registered candidate refuses to use air time, the candidate shall inform the appropriate TV and radio broadcasting organization to this effect not later than two days before the airing time and the TV and radio broadcasting organization may use the released air time at its discretion for purposes other than election campaigning.

17. Non-state-run TV and radio broadcasting organizations which complied with the provisions of Clause 4 Article 48 of this Federal Law shall provide air time to registered candidates on the equal terms and conditions. Non-state-run TV and radio broadcasting organizations which fail to meet this requirement and the provisions of Clause 4 Article 48 of this Federal Law shall not be allowed to provide air time to registered candidates for election campaigning purposes.

18. Paid air time on the channels of TV and radio broadcasting organizations shall be provided on the basis of a contract to be concluded between the TV and radio broadcasting organizations and the registered candidate.

19. The contracts for the provision of paid air time shall indicate the following: the type (form) of election campaigning; the airing date and time; the length of air time to be provided; the rates and terms of payment; the form and conditions of participation of a journalist (moderator) in the TV or radio program. After the terms of the contract have been carried out a work performance protocol shall be drawn up along with a certificate of the used air time which shall confirm the performance of contractual obligations and indicate the broadcasting channel, the name of the program and its airing time.

20. A payment order to a branch of the Savings Bank of the Russian Federation instructing the bank to remit the full amount of the payment for the air time shall be presented by a registered candidate not later than two days prior to the day on which air time is to be provided or, in the event of the repeat voting, before the provision of air time. If this requirement is not met, provision of air time on the channels of TV and radio broadcasting organizations shall not be allowed. The branch of the Savings Bank of the Russian Federation shall remit the money not later than the next banking day upon receipt of the payment order. The time for processing non-cash remittances shall not exceed two banking days within a Subject of the Russian Federation or five banking days within the Russian Federation.

21. Payment for air time shall be made only from the electoral fund of a registered candidate.

22. If, while using paid air time, a registered candidate violated the terms and conditions established by this Federal Law, the TV and radio broadcasting organization may apply to a court for cancellation of the contract for the provision of air time. If the contract is cancelled, the TV and radio broadcasting organization shall not use the released air time for election campaigning purposes.

23. Transmission of election propaganda materials of a registered candidate shall not be interrupted, in particular, by commercials advertising goods and services.

24. Transmission of election propaganda materials of registered candidates on the channels of all-Russian state-run TV and radio broadcasting organizations shall not be interrupted for transmission of other TV and radio programs, other election propaganda materials.

25. In TV and radio news programs reports concerning election campaigning events organized by candidates, registered candidates and their agents, electoral associations, electoral blocs and initiative groups of voters shall be always presented in the form of separate items, as a rule in the beginning of such programs, and without any comments. Such news items shall not be paid for by candidates, registered candidates and their agents, electoral associations, electoral blocs, initiative groups of voters. They shall not give preference to any candidate, registered candidate, particularly, as regards the time devoted to highlighting their election campaigning activities.

26. TV and radio programs containing election propaganda, other election propaganda materials distributed by TV and radio broadcasting organizations shall be aired with simultaneous video and audio recording of the program. These recordings shall be kept by the given TV and radio broadcasting organization for 12 months from the day on which the corresponding programs were aired. TV and radio broadcasting organizations shall keep records concerning provision of free and paid air time indicated in Clause 8 Article 48 of this Federal Law for five years after voting day.

ARTICLE 50. Conditions for Election Campaigning Through Periodicals

1. Registered candidates shall be entitled to provision of free space in all-Russian state-run periodicals which come out at least once a week, the said printing space to be provided to them on equal terms and conditions (size of the space to be provided, place on the page, type, and other terms and conditions).

2. Editorial offices of all-Russian state-run periodicals shall provide free space within the period indicated in Clause 5 Article 48 of this Federal Law.

3. In the event of the repeat voting editorial offices of all-Russian state-run periodicals shall provide free space to two registered candidates for whom the repeat voting is conducted in the period indicated in Clause 6 Article 48 of this Federal Law.

4. The total weekly minimum amount of free space which each editorial office of an all-Russian state-run periodical is to provide to registered candidates shall account for not less than 5 percent of the total weekly volume of the given periodical in the period established by Clause 5 or 6 Article 48 of this Federal Law. The total amount of space which such periodicals are to provide free of charge for election campaigning purposes within the said period shall be declared by editorial offices of the periodicals not later than 20 days after official publication of the decision to call (hold) the election.

5. The total amount of free space declared by the editorial office of a state-run periodical shall be distributed by lot in equal portions between registered candidates who applied for participation in lot-drawing to be arranged within a week after the end of registration of candidates.

6. Lot-drawing to determine the dates for free publication of election propaganda materials of registered candidates shall be organized by the editorial office of an all-Russian state-run periodical with the participation of interested persons. The lot-drawing procedure may be witnessed by members of, respectively, the Central Election Commission of the Russian Federation and the election commission of the Subject of the Russian Federation as well as by the persons listed in Clause 1 Article 21 of this Federal Law. The results of lot-drawing shall be recorded in a protocol.

7. The expenses of editorial offices of all-Russian state-run periodicals incidental to the provision of free space to registered candidates for election campaigning purposes shall be covered from current budget financing of these editorial offices.

8. Editorial offices of the all-Russian state-run periodicals and regional state-run periodicals which come out at least once a week shall reserve space for publication of election propaganda materials of registered candidates on a paid basis. The rates and terms of payment shall be the same for all registered candidates. The total amount of paid space to be reserved by editorial offices of an all-Russian periodical shall not be less than the total amount of free space to be made available in accordance with Clause 4 of this Article but shall not exceed this amount by more than two times. The total weekly minimum space to be reserved by each regional state-run periodical for provision to registered candidates shall account for not less than 5 percent of the total weekly space of the given periodical in the period established, respectively, by Clause 5 or Clause 6 of Article 48 of this Federal Law.

9. Each registered candidate shall be entitled, for a charge, to use the reserved space within its share given by the division of the total amount of reserved space by the total number of registered candidates.

10. The space indicated in Clause 9 of this Article shall be made available by the editorial office of a state-run periodical coming out at least once a week within the period indicated in Clause 5 or 6 Article 48 of this Federal Law. The date for the publication of election propaganda materials shall be determined by means of lot-drawing to be organized by the editorial office of the periodical with the participation of interested persons on the basis of written applications for participation in lot-drawing submitted by registered candidates. Law-drawing shall be conducted within the period established by Clause 5 of this Article. The lot-drawing procedure may be witnessed by members of, respectively, the Central Election Commission of the Russian Federation and the election commission of the Subject of the Russian Federation as well as by persons listed in Clause 1 Article 21 of this Federal Law. The results of lot-drawing shall be recorded in a protocol. Space shall be provided on the basis of a contract concluded after lot-drawing.

11. Editorial offices of municipal periodicals as well as editorial offices of state-run periodicals coming out less frequently than once a week, which complied with the provisions of Clause 4 Article 48 of this Federal Law, shall provide space to registered candidates for a charge. The rates and terms of payment shall be the same for all registered candidates. The total amount of space to be provided to registered candidates in the said periodicals shall be determined by their editorial offices at their own discretion. The date of publication of election propaganda materials of each registered candidate shall be determined by means of lot-drawing to be organized by the editorial offices of the said periodicals with the participation of interested persons on the basis of written applications for participation in lot-drawing to be submitted by registered candidates. Lot-drawing shall be conducted within the period established by Clause 5 of this Article. Space shall be provided on the basis of a contract to be concluded after lot-drawing.

12. If a registered candidate refuses to use space in a periodical after lot-drawing, he/she shall inform the editorial office of the given periodical to this effect not later than five days before the date of publication and the editorial office may use the released space at its discretion for purposes other than election campaigning.

13. Editorial offices of non-state-run periodicals which complied with the provisions of Clause 4 Article 48 of this Federal Law shall provide space to registered candidates on the equal payment terms and they may refuse to provide space to registered candidates. Editorial offices of non-state-run periodicals which failed to meet these requirements and to comply with the provisions of Clause 4 Article 48 of this Federal Law shall not be allowed to provide space to registered candidates for election campaigning purposes.

14. Paid space shall be provided on the basis of a contract to be concluded between the editorial office of a periodical and a registered candidate.

15. A payment order to a branch of the Savings Bank of the Russian Federation instructing the bank to remit the full amount of the payment for the space in a periodical shall be presented by a registered candidate not later than two days prior to the day of publication or, in the event of the repeat voting, not later than one day prior to the day of publication. If this requirement is not met, provision of the space shall not be allowed. The branch of the Savings Bank of the Russian Federation shall remit the money not later than the next banking day upon receipt of the payment order. The time for processing non-cash remittances shall not exceed two banking days within a Subject of the Russian Federation or five banking days within the Russian Federation.

16. Payment for space in periodicals shall be made only from the electoral fund of a registered candidate.

17. Election propaganda materials published in accordance with this Article shall not be accompanied by editorial comments in any form, by headings and illustrations which have not been agreed with the registered candidate.

18. The requirement that space in periodicals be made available on the equal terms of payment shall not apply to editorial offices of periodicals, if the editorial office and/or the periodical is founded by a registered candidate (registered candidates), an electoral association, electoral bloc which nominated a registered candidate and the periodical is a non-state one.

19. All materials published by periodicals with their publication paid for from the electoral fund of a candidate, registered candidate shall indicate the candidate, registered candidate from whose electoral fund the given publication has been paid for. If the election propaganda materials have been published free of charge in accordance with Clause 1 of this Article, the publication shall indicate that the materials are published free of charge and shall name the registered candidate who has been given the possibility to publish these materials.

20. Editorial offices of periodicals shall keep records of the provision of free and paid space as indicated in Clause 8 Article 48 of this Federal Law for five years after voting day.

ARTICLE 51. Conditions for Election Campaigning by Means of Public Events

1. State bodies and bodies of local self-government shall render assistance to registered candidates, their agents in the organization and holding of election gatherings, meetings of registered candidates and their agents with voters, public debates and discussions, rallies, demonstrations and marches.

2. Applications for the provision of premises to hold meetings of registered candidates, their agents with voters shall be considered by state bodies and bodies of local self-government within three days from the day of the submission thereof. Notifications of organizers of rallies, demonstrations and marches shall be considered by bodies of local self-government in accordance with Russian Federation laws.

3. On the basis of requests from election commissions, premises which may be used for election-related public events and are state- or municipality-owned shall be made available by their owners, possessors to registered candidates, their agents, free of charge, for the time to be established by the election commission, to hold meetings with voters. If such premises or premises owned by an organization which has a state and/or municipal share in its charter (authorized) capital exceeding 30 percent thereof as of the day of official publication of the decision to call (hold) the election were made available for election-related public events to one of registered candidates or his/her agent, the owner, possessor of the premises shall not refuse to provide the premises to another registered candidate or his/her agent on the same terms and conditions. Election commissions shall ensure equal conditions for registered candidates when election-related public events are to be organized.

4. Registered candidates shall be entitled to rent, on a contractual basis, buildings and premises belonging to citizens and organizations, regardless of the form of ownership of the said buildings and premises, to hold gatherings, meetings with voters, rallies, public debates and other election-related public events.

5. No election campaigning shall be allowed in the territory of military units, in military organizations and institutions. Meetings of registered candidates, their agents with voters - servicemen shall be organized outside the territory of the military unit by the commanding officer of the military unit together with the election commission of the Subject of the Russian Federation, with all registered candidates or their agents to be notified of the time and place of the meeting not later than three days prior to the meeting.

6. Security at election-related public events shall be ensured by the state bodies in accordance with Russian Federation laws.

ARTICLE 52. Conditions for Production and Distribution of Printed, Audio-Visual and Other Election Propaganda Materials

1. Registered candidates shall be free to issue printed, audio-visual and other election propaganda materials in a procedure established by Russian Federation laws.

2. All printed, audio-visual and other election propaganda materials, save the materials distributed pursuant to Articles 49 and 50 of this Federal Law, shall indicate the names and legal addresses of the organizations (the first, middle and last name and the place of residence of the person) that produced these materials, the name of the organization (the first, middle and last name of the person) that placed an order for the production of the given materials and information about the number of copies made and the date of issue.

3. Prior to distribution of printed, audio-visual and other election propaganda materials a registered candidate shall submit these materials or their copies to the Central Election Commission of the Russian Federation or the election commission of the Subject of the Russian Federation. Along with the aforementioned materials the appropriate election commission shall be furnished with the information concerning the location (place of residence) of organizations (persons) that have produced and ordered these materials. Printed election propaganda materials shall not be produced and distributed if they have not been paid for from the electoral fund of a registered candidate.

4. Election propaganda materials shall not contain any advertising other than political advertising.

5. Distribution of election propaganda materials in violation of the requirements set forth in Clauses 2, 3 and 4 of this Article shall not be allowed.

6. Not later than 30 days prior to voting day, on the recommendation of the election commission of the Subject of the Russian Federation or a territorial election commission bodies of local self-government shall designate and equip special places for displaying printed election propaganda materials within the territory of each electoral precinct. Such places shall be located where they can be conveniently visited by voters and shall be arranged so that voters could read the displayed information. Registered candidates shall be allocated equal areas for displaying their printed election propaganda materials. Registered candidates, their agents may receive a list of places designated for the display of printed election propaganda materials from the appropriate territorial election commission.

7. Unless provided otherwise by Clause 6 of this Article printed election propaganda materials may be displayed (posted, placed) indoors, on buildings, structures or other objects only with the consent of the owner, possessor of the said objects. Display of election propaganda materials on an object which is a state or municipal property or which is owned by an organization which has a state and/or municipal share in its charter (authorized) capital exceeding 30 percent thereof as of the day of official publication of the decision to call (hold) the election of the President of the Russian Federation shall be allowed on equal terms for all registered candidates. No fee shall be charged for the display of election propaganda materials on objects which are a state or municipal property.

8. Advertising agencies which are founded (co-founded) by state or municipal bodies, organizations, institutions or which were financed by not less than 15 percent of their budget in the year preceding the year of official publication of the decision to call (hold) the election of the President of the Russian Federation from the funds allocated by federal bodies of state power, bodies of state power of the Subjects of the Russian Federation, bodies of local self-government shall provide equal terms and conditions for registered candidates with regard to the placement of their election propaganda materials.

9. Printed election propaganda materials shall not be put up (posted, arranged) on monuments, obelisks, buildings, structures and premises of historic, cultural or architectural value, inside the premises of election commissions and polling stations or at the entrance thereto.

10. The election commission which was informed about distribution of false printed, audio-visual and other election propaganda materials or about distribution of election propaganda materials in violation of the provisions of Clauses 2 - 4, 7 and 9 of this Article shall take appropriate measures to stop these activities and may request appropriate law enforcement and other bodies to put an end to unlawful election campaigning activities and seize unlawful election propaganda materials.

ARTICLE 53. Inadmissibility of Misuse of the Right to Election Campaigning

1. Misuse of the freedom of mass information in election campaigning shall not be allowed. Election programs of registered candidates, election propaganda materials and speeches at gatherings and rallies, articles in the mass media shall not contain calls for the violent seizure of power, violent change of the constitutional system and breaking of the integrity of the Russian Federation, warmongering propaganda. Propaganda exciting social, racial, national, religious hatred or enmity, misuse of the freedom of mass information in other forms banned by the laws of the Russian Federation shall be prohibited. Propaganda in violation of Russian Federation laws on intellectual property shall be prohibited.

2. Candidates, registered candidates and their authorized representatives for financial matters and agents, electoral associations, electoral blocs, initiative groups of voters, their authorized representatives and other persons and organizations directly or indirectly involved in election campaigning shall not bribe voters: they shall not give voters money, gifts and other things otherwise than for the performance of organizational work (attendance at polling stations, collection of voter signatures, propaganda activities), remunerate voters who carried out the said organizational work depending on the results of the voting or promise such remuneration; sell goods at reduced prices; distribute free any goods other than printed materials (including illustrated materials) and badges specially produced for the election campaign and paid for from the electoral fund of a candidate, registered candidate; render services free of charge or at reduced rates. In the course of election campaigning registered candidates and their authorized representatives for financial matters and agents, electoral associations, electoral blocs, initiative groups of voters and their authorized representatives, other persons and organizations shall not influence voters by promising them money, securities, other material benefits (in particular, depending on the voting results) and by rendering services otherwise than on the basis of decisions of bodies of state power and bodies of local self-government taken in accordance with federal laws.

3. During the election campaign the business and other activities of candidates, registered candidates and their authorized representatives for financial matters and agents, electoral associations, electoral blocs and authorized representatives of electoral associations, electoral blocs, initiative groups of voters and the organizations whose founders, owners, possessors are and/or whose governing or supervisory bodies include the said persons and organizations may be advertised only in the period when election campaigning is allows and only for the account of the appropriate electoral fund of the candidate, registered candidate in compliance with the requirements established by Clause 17 Article 49, Clauses 13 and 19 Article 50 of this Federal Law. Such advertising shall not be allowed on voting day and the day preceding voting day.

4. When highlighting the election campaign TV and radio programs on the channels of TV and radio broadcasting organizations and editorial offices of periodicals shall not make public (publish) information that may damage the honor, dignity or business reputation of a registered candidate (registered candidates), if these TV and radio programs and editorial offices of periodicals cannot, free of charge, offer the registered candidate (registered candidates) a possibility to make public (publish) a denial or some other explanation in defense of his/her (their) honor, dignity or business reputation before the end of the election campaigning period. In such cases, air time shall be provided at the same time of the day and in the same program as for the said information and shall not be less than the time taken by an announcer to read one page of a typewritten text. When space is to be provided in a periodical, the denial or some other explanation shall be printed in the same type and in the same place on the page. It shall not be allowed to require that the denial or some other explanation should occupy less than one page of a typewritten text. The failure to offer a possibility for a registered candidate (registered candidates) to make public (publish), before the end of the election campaigning period, a denial or other explanations in defense of his/her (their) honor, dignity or business reputation in TV and radio programs on the channels of TV and radio broadcasting organizations and in periodicals which made public (published) the information that may damage the honor, dignity or business reputation of a registered candidate (registered candidates) may serve as a reason for bringing to responsibility these TV and radio broadcasting organizations, editorial offices of periodicals and their officials as provided by Russian Federation laws. The rules laid down by this clause shall not apply to editorial offices of periodicals indicated in Clause 18 Article 50 of this Federal Law.

5. If a registered candidate breaches Clause 1 of this Article, the Central Election Commission of the Russian Federation shall, and other bodies, organizations and citizens specified in Clause 1 Article 79 of this Federal Law may, apply to the Supreme Court of the Russian Federation for withdrawal of the candidate's registration. The Supreme Court of the Russian Federation shall consider this application within three days or, three days prior to election day, immediately. If a registered candidate violates other election campaigning rules laid down by this Federal Law, the Central Election Commission of the Russian Federation shall, by its decision, issue a warning to this registered candidate or shall request appropriate law-enforcement and other bodies to put an end to the unlawful propaganda activities and, in this case, the Central Election Commission of the Russian Federation may also annul registration of the candidate. This decision of the Central Election Commission of the Russian Federation shall be passed on to the mass media.

6. If a TV and radio broadcasting organization, an editorial office of a periodical violates the election campaigning rules laid down by this Federal Law, the Central Election Commission of the Russian Federation or the election commission of the Subject of the Russian Federation may apply to law enforcement bodies, courts, executive bodies of state power which implement the state policy in the field of mass media and request them to put an end to the unlawful propaganda activities and bring the TV and radio broadcasting organization, editorial office of a periodical, their officials to responsibility as provided by Russian Federation laws.

7. Law enforcement and other bodies shall take measures to put an end to unlawful propaganda activities, prevent production of and seize counterfeit and unlawful printed, audio-visual and other propaganda materials, identify the producers of such materials and the sources of payment therefor and promptly inform, respectively, the Central Election Commission of the Russian Federation, the election commission of the Subject of the Russian Federation about the facts established and measures taken.

«« . |  | . »»







© Copyright , 1999-2020