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Овца и волк по-разному понимают слово «свобода». В этом суть разногласий, господствующих в человеческом обществе. Авраам Линкольн (1809-1865), шестнадцатый президент США


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28.09.2021, вторник. Московское время 10:56

List of Federal Laws and other Normative Acts Regulating the Early Election of the President of the Russian Federation

Name of the law

Examples of articles regulating the election of the President of the Russian Federation

Federal laws

According to the Federal Law «On the Election of the President of the Russian Federation» (Article 2) legislation on the election of the President of the Russian Federation comprises:
the Constitution of the Russian Federation;
the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum»;
the Federal Law «On the Election of the President of the Russian Federation»;
Other federal laws.
The other federal laws comprised in the legislation on the presidential elections include the laws, which regulate various aspects of the electoral process and define the basic legal concepts used for regulation of the elections.

Civil Code of the Russian Federation

Article 21
Defines dispositive capacity of a citizen.
Article 21, Part 1

The capacity of a citizen to acquire and exercise civil law rights by his actions, create for himself civil law obligations and to fulfill them (civil law dispositive capacity) arises in full with the attainment of majority, i.e., on the attainment of the age of eighteen.
Article 48

Defines a legal entity.
Articles 117 - 119

The concept of public and religious organizations (associations) and funds (foundations).
Articles 153 - 181

Lay down the general rules for conclusion of transactions
Commentary: The norm of Article 169 establishing invalidity of transactions concluded with a purpose running counter to the basic principles of law and order and morality applies to violation of the rules for election campaign financing
.

Code of Civil Procedure of the RSFSR

Establishes civil proceedings in all courts of law of the Russian Federation, including those in respect of cases initiated by complaints about actions of administrative bodies and officials. The latter category includes cases initiated by complaints in connection with application of electoral laws.

Law of the Russian Federation of April 27, 1993 on appealing in courts the actions and decisions violating the rights and freedoms of citizens

Article 1
Each citizen has a right to lodge a complaint with a court of law if he believes that unlawful actions (decisions) of government bodies, bodies of local self-government, institutions, organizations, enterprises and their associations, public associations or officials violated his rights and freedoms.
Commentary: Under this law it is possible to appeal actions of government bodies, bodies of local self-government, institutions, organizations, enterprises and their associations, public associations or officials violating the electoral rights of citizens of the Russian Federation. This law is applied if the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,» federal laws on elections, other federal laws do not provide a special procedure for appealing such actions.

Federal law of May 19, 1995 on public associations, with subsequent modifications and additions

Article 5
A public association means a voluntary, self-governing non-profit organization created at the initiative of citizens who are united by the community of interests for the realization of common aims set forth in the charter of the public association.
Article 7

Public associations may be created in one of the following organizational-legal forms:
a public organization
a public movement;
a public fund (foundation);
a public institution;
a public activity body.
Political public associations have the following organizational-legal forms: a public organization (including a political party, for a political organization) and a public movement (for a political movement).
The Federal Law regulates the creation, activity, reorganization and liquidation of public associations.

Federal Law «On Charity Activity and Charity Organizations»

Article 6
A charity organization is a non-government (non-state and non-municipal) non-profit organization created for the realization of the aims provided by this Federal Law by carrying on charity activity in the interests of society as a whole or various categories of citizens.
Article 7

Charity organizations are created in the form of public organizations (associations), funds, foundations, and institutions and in other forms provided by federal laws for charity organizations. A charity organization may be created in the form of an institution if its founder is a charity organization.

Russian Federation Law «On Mass Media» in the version of December 27, 1991 with amendments and additions of January 13, 1995, June 6, 1995, July 19, 1995, December 27, 1995, March 2, 1998

Article 2
Definition of mass media.
Article 7

The concept of a media founder.
Article 18

The status of a media founder.
Article 19

The status of an editorial office of mass media.
Article 47

Defines a journalist's rights.
Article 49

Defines a journalist's responsibilities and establishes the
rules for distribution of mass information, the principles of mutual relations between mass media and citizens and organizations.
Article 51

Inadmissibility of abuse of a journalist's rights.
Article 58

Responsibility for infringement of the freedom of mass information.
Article 59

Criminal, administrative and disciplinary responsibility of mass media officials and journalists for abuse of freedom of mass information and violation of provisions of this law.
Article 60

Responsibility for other violations of mass media legislation.

Federal Law «On Licensing Various Kinds of Activity»

Under Article 13 of this law licensing authorities may suspend a license if they discover violations of the license requirements, terms and conditions, which may harm the rights, legitimate interests, morality and health of citizens, the national defense and national security or if the licensee fails to comply with the decisions of the licensing authorities obliging the licensee to remedy the discovered violations. Licenses may be annulled on such grounds as discovery of inaccurate or falsified data in the documents submitted for receipt of the license; repeated or gross violation of the license requirements, terms and conditions; unlawful issuance of the license.
Commentary: Under this law licenses of mass media may be revoked it the mass media violate the current electoral legislation of the Russian Federation.

Federal Law of July 5, 1995 «On the Basic Principles of the Government Service of the Russian Federation»

Article 3
Defines the concept of «government employee.» «A government employee is a Russian Federation citizen who discharges duties of a government office of the government service as provided by the federal law for a monetary remuneration paid from the federal budget or the budget of a Subject of the Russian Federation.»
Article 11

Sets forth the restrictions imposed by government service.
In particular, a government employee not allowed to use for non-official purposes any means of logistical, financial and information support, other state property and restricted information, to take advantage of his official position in the interests of political parties, public associations.

Labor Code of the Russian Federation

Article 111
For as long as employees perform state or public duties and if, under applicable laws, such duties may be performed during working hours, the employees are guaranteed their jobs (positions) and average pay. Average pay is guaranteed for citizens when they exercise an electoral right.

Federal Law of August 12, 1995 on the general principles of organization of local self-government in the Russian Federation, with subsequent amendments and additions

Article 1
Defines the concept of «a local self-government body.»
Article 21

Defines the concept of «a municipal employee.»
Article 60

Provides that until the appropriate Federal Law (on municipal service) is adopted municipal employees are subject to the restrictions established by the federal legislation for government employees.

Russian Federation Law «On Russian Federation Citizenship»

Defines persons having Russian Federation citizenship, establishes rules for acquisition and termination of Russian Federation citizenship.

Russian Federation law of June 25, 1993 on the right of Russian Federation citizens to the freedom of movement, choice of the place of stay and residence within the Russian Federation

Article 2
Defines the concepts of «place of stay» and «place of residence.»
The place of stay
is a hotel, sanatorium, holiday hotel, pension, camping, tourist camp, hospital, other similar institutions as well as a dwelling other than the citizen's place of residence, where the citizen stays temporarily.
The place of residence
is a dwelling house, flat, office-run dwelling, specialized houses (hostel, hotel-shelter, reserve housing, special house for single and senior citizens, boarding house for invalids, veterans, etc.) as well as any other dwelling where the citizen resides permanently or currently as its owner, under a contract of lease (sublease), contract of hire or on other grounds provided by the Russian Federation legislation.

Criminal Code of the Russian Federation

Article 141
Establishes responsibility for obstructing the exercise of electoral rights or functioning of election commissions.
Article 142

Establishes criminal responsibility for falsification of electoral documents, referendum documents or for miscounting of votes.
Articles 44, 53, 55, 56, 57, 58
Establish punishment in the form of confinement.
Commentary: Under Article 32 of the Constitution of the Russian Federation citizens kept at places of confinement under a court sentence do not have the right to elect and be elected.

RSFSR Code of Administrative Offences, with amendments and additions

Article 40-1
Establishes administrative responsibility for violation of citizens' right to inspection of the list of voters, referendum participants.
Article 40-2

Establishes administrative responsibility for interference with the work of election commissions and referendum commissions.
Article 40-3

Establishes administrative responsibility for the failure to comply with decisions of an election commission, referendum commission.
Article 40-4

Establishes administrative responsibility for violation of the rules for the provision of data about voters, referendum participants or the list of voters, referendum participants.
Article 40-5

Establishes administrative responsibility for violation of the established rules for publication of documents relating to the preparation and administration of elections, referenda.
Article 40-6

Establishes administrative responsibility for violation of the rights of a member of an election commission, referendum commission, an observer, an agent of a registered candidate, electoral association, electoral bloc, a media representative.
Article 40-7

Establishes administrative responsibility for refusal to grant a leave of absence for participation in elections, a referendum.
Article 40-8

Establishes administrative responsibility for violation of election campaigning rules, referendum campaigning rules
in newspapers and periodicals and on the channels of TV and/or radio broadcasting organizations.
Article 40-9

Establishes administrative responsibility for violation of the rules for advertising commercial activity in the course of the election campaign.
Article 40-10

Establishes administrative responsibility for election campaigning, referendum campaigning during periods when such campaigning is banned or in places where it is banned by the federal law.
Article 40-11

Establishes administrative responsibility for election campaigning, referendum campaigning by persons who are forbidden by the federal law to participate in such campaigning.
Article 40-12

Establishes administrative responsibility for production or distribution of anonymous propaganda materials.
Article 40-13

Establishes administrative responsibility for the failure to provide to a registered candidate a possibility to publish (make public) a denial or some other explanation in defense of his honor, dignity or business reputation.
Article 40-14

Establishes administrative responsibility for deliberate destruction, damage of printed materials relating to elections, a referendum.
Article 40-15

Establishes administrative responsibility for violation the right established by law to the use of premises in the course of an election campaign, referendum campaign.
Article 40-16

Establishes administrative responsibility for bribery of voters, referendum participants, charity activity conducted in violation of the Russian Federation laws on elections, referenda.
Article 40-17

Establishes administrative responsibility for the failure to submit or publish a report, information concerning the receipt and expenditure of money for the preparation and conduct of elections, a referendum.
Article 40-18

Establishes administrative responsibility for unlawful use of money by a candidate, registered candidate, electoral association, electoral bloc, and referendum initiative group.
Article 40-19

Establishes administrative responsibility for the use of unlawful financial assistance by a candidate, registered candidate, electoral association, electoral bloc, and referendum initiative group.
Article 40-20

Establishes administrative responsibility for financing of an election campaign, preparation and holding of a referendum outside electoral funds, referendum funds, for provision of other kinds of financial assistance prohibited by law.
Article 40-21

Establishes administrative responsibility for the delay in remittance of money to election commissions, candidates, registered candidates, electoral associations, electoral blocs, and referendum initiative groups.
Article 40-22

Establishes administrative responsibility for production of extra ballots for voting in elections, a referendum, and concealment of surplus ballots for voting in elections, a referendum.
Article 40-23

Establishes administrative responsibility for unlawful issuance to citizens of ballots for voting in elections, a referendum.
Article 40-24

Establishes administrative responsibility for the failure to present information concerning the voting results.

Federal Law «On Administrative Responsibility of Legal Entities for Violation of Russian Federation Laws on Elections and Referenda»

This Federal Law establishes responsibility for violation of Russian Federation laws on elections and referenda, i.e., the failure to observe the requirements of the Federal Constitutional Law «On the Referendum in the Russian Federation,» the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,» federal laws on the election of the federal bodies of state power, laws of the Subjects of the Russian Federation on elections and referenda in the form of unlawful acts and actions of legal entities or their omissions.
This federal law establishes responsibility for non-compliance with a decision of an election commission, referendum commission (Article 2), for violation of the rules laid down by law for publication of documents and information (Article 3), violation of election campaigning and referendum campaigning rules.
The law has provisions establishing responsibility for violation of the conditions for advertising commercial activity (Article 5); for campaigning by organizations which are prohibited by law from participation in such campaigning (Article 6); for production or distribution of propaganda materials which do not show the information prescribed by law (Article 7); for bribery of voters, referendum participants, charity activity conducted in violation of law (Article 8).
The law establishes responsibility for the provision of financial or other materials assistance outside electoral funds, referendum funds (Article 9); for production of extra ballots for voting in elections, a referendum or concealment of surplus election ballots (Article 10); for the failure to provide a possibility to publish a denial or some other explanation in defense of the honor, dignity or business reputation (Article 11).
The law regulates jurisdiction over cases connected with the said administrative offences, the rules for their initiation and adjudication of such cases as well as documentation of the acts and actions of the investigating authorities. The law sets out the procedure for imposing an administrative penalty and appealing court decisions.

Russian Federation Law of April 18, 1991 «On Militia» with amendments and additions of November 6, 1999.

Under Clause 23, Article 10 of this law the law enforcement bodies of the Russian Federation must, within the scope of their competence, assist deputies of the representative bodies of power, bodies of local self-government, deputy candidates and candidates for elected offices in the bodies of state power, bodies of local self-government, officials of bodies of state power and bodies of local self-government, members of election commissions, representatives of public associations in the pursuit of their of lawful activities if they are being obstructed or endangered.
Moreover, under Clause 27 of the same article of the law the law enforcement bodies must assist election commissions, referendum commissions in the exercise of their powers and, among other things, furnish to election commissions on their request the information about candidates, registered candidates running for deputy or elected offices in bodies of state power, bodies of local self-government, who have convictions that have not expired or have not been cancelled.
Under Clause 28 of the same article in the course of an election campaign, preparation and administration of a referendum the law enforcement bodies must stop election propaganda, propaganda relating to the issues put to the referendum which runs counter to law (including measures to stop attempts to bribe voters, referendum participants), inform the relevant election commission, referendum commission about the violation discovered and measures taken.

II. Decrees and Directives of the President of the Russian Federation
Decree of the President of the Russian Federation No. 2335 of December 31, 1993 «On the Judicial Chamber for Information Disputes under the President of the Russian Federation»
Decree of the President of the Russian Federation No. 228 of January 31, 1994 «On Approval of the Statute of the Judicial Chamber for Information Disputes under the President of the Russian Federation»
Decree of the President of the Russian Federation No. 1723 of August 23, 1994 «On the Development and Creation of the State Automatic System of the Russian Federation «Vybory»
Decree of the President of the Russian Federation No. 227 of February 28, 1995 «On the Measures to Ensure Creation, Functioning and Development of the State Automatic System of the Russian Federation «Vybory»
Directive of the President of the Russian Federation No. 427 of November 10, 1999 «On Acceptance for Operation of the State Automatic System of the Russian Federation «Vybory»

III. Acts of the Government of the Russian Federation
Resolution of the Government of the Russian Federation No. 32 of January 13, 2000 «On Assisting Election Commissions in Organization of the Preparation and Administration of the Election of the President of the Russian Federation».

IV. Normative and Some Other Acts of the Central Election Commission of the Russian Federation Regulating the Election of the President of the Russian Federation:
Resolution No. 150/1046-II of June 23, 1998 «On the Adoption of the Rules of the Central Election Commission of the Russian Federation»
Resolution No. 66/766-3 of January 6, 2000 «On the Calendar Plan of Measures for Preparation and Administration of the Early Election of the President of the Russian Federation»
Resolution No. 68/773-3 of January 10, 2000 «On the Plan of the Main Measures for Preparation and Administration of the Election of the President of the Russian Federation»
Resolution No. 68/774-3 of January 10, 2000 «On the List and Forms of Electoral Documents Used in the Election of the President of the Russian Federation»
Resolution No. 69/785-3 of January 14, 2000 «On the Instructions on the Procedure for the Formation of and Expenditure of Electoral Funds of Candidates, Registered Candidates in the Election of the President of the Russian Federation»
Resolution No. 69/787-3 of January 14, 2000 «On the Clarification of the Procedure for the Formation of Territorial and Precinct Election Commissions in the Election of the President of the Russian Federation»
«List of All-Russian State-Run TV and Radio Broadcasting Organizations and All-Russian State-Run Periodicals Coming Within Sub-clauses «a» and «c», Clause 1, Article 47 of the Federal Law «On the Election of the President of the Russian Federation»




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