Äåìîêðàòèÿ.Ðó




Ñâîáîäà — ýòî âîçìîæíîñòü ñêàçàòü, ÷òî äâàæäû äâà — ÷åòûðå. Ä. Îðóýëë


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 02:04


«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»

Chapter IX. Funding of the Election

Article 65. Funding of the Preparation and Conduct of the Election

Article 66. . Electoral Funds of Candidates, Political Parties, Electoral Blocs

Article 67. Special Electoral Accounts

Article 68. Electoral Deposit

Article 69. Voluntary Donations to the Electoral Fund of a Candidate, Political Party, Electoral Bloc

Article 70. Electoral Fund Reporting. Publication of Information About Consolidated Financial Reports of Political Parties

Article 71. Return of Money by Candidates, Political Parties, Electoral Blocs

Article 72. Funding of Election Commissions

Article 73. Supervisory-Auditing Service of Election Commissions


Article 65. Funding of the Preparation and Conduct of the Election

1. The expenditures incurred in the preparation and conduct of the election of deputies of the State Duma, in the activities of election commissions during the term of their powers, in the operation and development of the automation facilities as well as in the training of election officials and education of voters shall be paid by election commissions from the funds allocated for these purposes 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 ten days of the official publication of the decision to call the election.

3. In the event of an early election of deputies to the State Duma the amount of funds allocated from the federal budget for its 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 for the preparation and conduct of the previous election of deputies of the State Duma (with due regard for the changes in the minimum monthly wage established by the federal law regulating labor remuneration as of the day of the official publication of the decision to call the previous similar election of deputies of the State Duma).

4. If insufficient funds have been allocated from the federal budget for funding the election of deputies of the State Duma, including an early election, and if the funds allocated from the federal budget were not transferred in the 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 amount of the funds for the preparation and conduct of the election shall not exceed the sum contained in the report of the Central Election Commission of the Russian Federation on the expenditures incurred in the preparation and conduct of the previous similar election of deputies of the State Duma (with due regard for the changes in the minimum monthly wage established by the federal law regulating labor remuneration as of the day of the official publication of the decision to call the previous similar election of deputies of the State Duma). Within ten days of receipt of an appropriate request from the Central Election Commission of the Russian Federation the Government of the Russian Federation shall issue a state guarantee for repayment of the credits, including interest thereon. The received credits and interest thereon shall be repaid from the federal budget. Allocations for meeting this liability shall be approved by a federal budget law for the coming fiscal year.

5. Not later than 60 days before voting day, the Central Election Commission of the Russian Federation shall distribute the funds allocated for the conduct of the election of deputies of the State Duma to the election commissions of the Russian Federation subjects, which shall distribute the received funds to district and territorial election commissions not later than 40 and 30 days, respectively, before voting day. In the event of a by-election or early election of deputies of the State Duma and if the election is not funded in the due time or in full, the election commissions shall distribute the funds as they come in. The funds for the conduct of the election of deputies of the State Duma in electoral precincts formed in accordance with Clauses 5 and 6, Article 14 of this Federal Law shall be distributed by the Central Election Commission of the Russian Federation to state bodies in charge of the registration of voters in these electoral precincts not later than 30 days before voting day.

6. Chairmen of election commissions shall manage the funds allocated for the preparation and conduct of the election of deputies of the State Duma and shall be responsible for proper compliance of financial documents with the decisions taken by election commissions on financial matters and also shall ensure that the reports on the expenditure of these funds are submitted in the procedure and at the time established by this Federal Law.

7. After the end of the election of deputies of the State Duma the sums which were received from the federal budget but were not expended by election commissions shall remain in the accounts of election commissions acting on a permanent basis (with the exception of territorial and district election commissions) and shall be used for the purposes established by this Federal Law.

8. The unexpended credits shall be returned by the Central Election Commission of the Russian Federation 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 66. . Electoral Funds of Candidates, Political Parties, Electoral Blocs

1. A candidate nominated in a single-seat electoral district, a political party and an electoral bloc which nominated a federal list (federal lists) of candidates shall establish their own electoral funds. A candidate nominated only on a federal list of candidates, a political party and an electoral bloc which nominated candidates only in single-seat electoral districts shall not establish their own electoral funds.

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

      (1) the own money of a candidate in an amount not exceeding 50 percent of the maximum limit of all expenditures from a candidate's electoral fund established in accordance with this Federal Law;

      (2) sums allocated to a candidate by the political party which nominated the candidate (from sources other than the electoral fund of the political party), by political parties, other all-Russia public associations comprised in the electoral bloc which nominated the candidate (from sources other than the electoral fund of the electoral bloc), in an amount not exceeding 50 percent of the maximum level of all expenditures from a candidate's electoral fund established in accordance with this Federal Law;

      (3) voluntary donations of citizens and legal entities in an amount not exceeding, respectively 5 percent and 50 percent of the maximum level of all expenditures from a candidate's electoral fund established in accordance with this Federal Law, for each citizen, each legal entity.

3. The maximum limit of all expenditures from an electoral fund of a candidate shall not exceed six million rubles.

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

      (1) the own money of a political party, an electoral bloc in an amount not exceeding 50 percent of the maximum level of all expenditures from the electoral fund of a political party, an electoral bloc established in accordance with this Federal Law. The own money of an electoral bloc shall be formed by the sum total of the money transferred to the electoral bloc by political parties, other all-Russia public associations which formed this electoral bloc;

      (2) voluntary donations of citizens and legal entities. The amount of a voluntary donation shall not exceed, respectively, 0.07 percent and 3.5 percent of the maximum level of all expenditures from the electoral fund of a political party, an electoral bloc established in accordance with this Federal Law, for each citizen, each legal entity.

5. The maximum limit of all expenditures from an electoral fund of a political party, an electoral bloc shall not exceed 250 million rubles.

6. Every year, beginning with January 1, 2004, the maximum level of all expenditures from the electoral fund of a candidate, political party, electoral bloc established by Clauses 3 and 5 of this article as well as the sums indicated in Clause 7, Article 70 of this Federal Law shall be indexed to the inflation rate as established by the federal budget law for the coming fiscal year. The provisions of the federal budget law for the coming year, which establish the inflation rate and come into force during the period of an election campaign, shall not be used for indexation of this maximum limit in the course of the given election campaign.

7. No donations to electoral funds of candidates, political parties, electoral blocs shall be allowed from:

      (1) foreign states and foreign legal entities;

      (2) foreign nationals;

      (3) stateless persons;

      (4) citizens of the Russian Federation who have not attained to the age of 18 years on voting day;

      (5) Russian legal entities with foreign participation if the foreign stake in their charter capital exceeds 30 percent as of the day of the official publication of the decision to call the election (for open joint-stock companies - as of the date of the list of shareholders for the previous year);

      (6) international organizations and international public movements;

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

      (8) state and municipal institutions and organizations;

      (9) legal entities with a charter capital where the state or a municipality has a stake exceeding 30 per cent as of the day of the official publication of the decision to call the election;

      (10) organizations established by state and municipal bodies and by organizations indicated in Sub-clauses 5 and 9 of this clause;

      (11) military units, military institutions and organizations and law enforcement authorities;

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

      (13) anonymous donors. «Anonymous donor» means a citizen who has not indicated or indicated incorrectly any of the following data: the surname, first name and patronymic, the address of the place of residence; a legal entity which has not indicated or indicated incorrectly any of the following data: the taxpayer's identification number, the name, the bank details;

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

8. The electoral funds shall be managed by a candidate, political party, electoral bloc that formed the fund. The resources of an electoral fund shall be used only for the purposes for which the electoral fund is established, namely:

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

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

      (3) payment for other services rendered by legal entities or citizens of the Russian Federation and payment of other expenses directly related to the conduct of an election campaign by candidates, political parties, electoral blocs;

      (4) payment of an electoral deposit.

9. Candidates, political parties, electoral blocs shall not use any sums of money to make payments for collection of voter signatures, conduct of an election campaign, organization of other election-related events other than the sums contributed to their electoral funds. Candidates, political parties, electoral blocs may use only the sums which were remitted by contributors to special electoral accounts of their electoral funds prior to voting day in accordance with the procedure established by this Federal Law.

10. In the event of additional nomination of candidates, lists of candidates under the circumstances indicated in Clause 16, Article 47 and Clause 11, Article 52 of this Federal Law the maximum limit of all expenditures from an electoral fund of a previously registered candidate, a political party and an electoral bloc which previously registered federal lists of candidates shall be increased 1.5 times.

11. If a candidate nominated in a single-seat electoral district was simultaneously nominated at some other election held on the territory of this single-seat electoral district or on a territory which includes the territory of this single-seat electoral district and has to form other electoral funds in addition to that indicated in Clause 1 of this article, the maximum limit of all expenditures from all these funds shall be the largest maximum limit indicated in this Federal Law, other federal laws, a law of a Russian Federation subject.

Article 67. Special Electoral Accounts

1. A candidate nominated in a single-seat electoral district shall open a special electoral account of his electoral fund in the given electoral district after notifying a relevant election commission of his nomination. In the case indicated in Clause 11, Article 66 of this Federal Law a candidate nominated in a single-seat electoral district shall open a special electoral account after notifying in writing the election commission of a Russian Federation subject of his simultaneous nomination in several electoral districts at different elections.

2. A political party, an electoral bloc shall open a special electoral account for the formation of their electoral funds after receiving a copy of a federal list of candidates certified by the Central Election Commission of the Russian Federation.

3. A special electoral account for the formation of an electoral fund shall be opened with a branch of the Savings Bank of the Russian Federation. A candidate, political party, electoral bloc may open only one special electoral account. 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, political party, 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 therein. All sums shall be deposited in special electoral accounts in the Russian Federation currency.

4. A candidate shall open a special electoral account in the single-seat electoral district where he was nominated, on the basis of a document to be issued by a relevant district election commission within three days of receipt of a notice of the nomination of the candidate as provided in Article 38 or 41 of this Federal Law or, if a district election commission was not yet formed, by the election commission of a Russian Federation subject. A candidate may, in the established procedure, ask his authorized representative for financial matters, registered by a relevant district election commission, to open a special electoral account and authorize this representative to manage funds in this account. A political party, an 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 the registration of authorized representatives for financial matters of a political party, an electoral bloc. If the rules established by this Federal Law for a candidate, political party, electoral bloc funding their election campaigns are violated, the responsibility for such violation shall be borne personally by the candidate, political party, electoral bloc.

5. If, after opening a special electoral account, a candidate changes the electoral district by a decision of a political party, an electoral bloc in the procedure established by Clause 9, Article 39 of this Federal Law, this candidate shall return the money remaining on this account to legal entities and natural persons that made donations (transfers) to his electoral fund in proportion to the sums contributed by them less postal charges as well as the money paid as an electoral deposit (if the electoral deposit was paid) in the procedure established by Article 68 of this Federal Law. After that the 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 the procedure established by this Federal Law.

6. All financial operations in relation to the payment of expenses from special electoral accounts of registered candidates, political parties and electoral blocs which registered a federal list of candidates shall be discontinued on voting day. Financial operations in relation to the payment of expenses from special electoral accounts of candidates, political parties, electoral blocs that did not submit registration documents to a relevant election commission in the procedure established by this Federal Law, or were denied registration, or withdrew the statement of consent to stand for election, or withdrew their candidatures, or were recalled by a political party, an electoral bloc, or recalled a federal list of candidates, or whose registration was cancelled or annulled shall be discontinued by the branches of the Savings Bank of the Russian Federation on the instruction of a relevant election commission.

7. Based on an application of a candidate, a candidate nominated simultaneously in several electoral districts at different elections, a political party, an electoral bloc a relevant district election commission, the election commission of a Russian Federation subject, the Central Election Commission of the Russian Federation, respectively, may extend the period for the performance of the following financial operations:

      (1) for a candidate, a political party, an electoral bloc - payment for work (services, goods) performed (rendered, acquired) prior to the date when they were denied registration, the candidate withdrew his statement of consent to stand for election, the political party, electoral bloc recalled the candidate, the political party, electoral bloc recalled the federal list of candidates before the deadline established by this Federal Law for submission of signature sheets and other documents required for registration, respectively;

      (2) for a registered candidate who withdrew his candidature, was recalled by a political party, an electoral bloc, for a political party, an electoral bloc which recalled a registered federal list of candidates, for a registered candidate whose registration was annulled or cancelled, for a political party, an electoral bloc the registration of whose federal list was annulled or cancelled - payment for work (services, goods) performed (rendered, acquired) before the date of the decision to annul or cancel the registration, withdrawal of the candidature, recalling of the federal list of candidates, respectively;

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

Article 68. Electoral Deposit

1. Within five days of the official publication of the decision to call the election the Central Election Commission of the Russian Federation, election commission of a Russian Federation subject shall request branches of the Savings Bank of the Russian Federation to open a special account to accept electoral deposits from candidates, political parties and electoral blocs. Within five days of receipt of the request of the Central Election Commission of the Russian Federation, election commission of a Russian Federation subject branches of the Savings Bank of the Russian Federation shall open a special account for a relevant 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 therein. Branches of the Savings Bank of the Russian Federation shall remit funds paid as electoral deposits not later than the next banking day after receipt of an appropriate payment order. The time for processing a non-cash payment shall not exceed two banking days.

2. A relevant district election commission, or, if it was not yet formed, the election commission of a Russian Federation subject shall advise a candidate, nominated in a single-seat electoral district, of the number of the special account opened by the election commission of the given Russian Federation subject at a branch of the Savings Bank of the Russian Federation for the payment of an electoral deposit when it receives the candidate's statement of consent to stand for election or, if the account was not yet opened at that time, immediately after its opening. The Central Election Commission of the Russian Federation shall advise a political party, an electoral bloc of the number of the commission's special account at a branch of the Savings Bank of the Russian Federation for the payment of electoral deposits when the it certifies a federal list of candidates of the political party, electoral bloc but not earlier than the date when this account is opened or, if the account was not yet opened at that time, immediately after its opening.

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

4. An electoral deposit for a candidate shall be equal to 15 percent of the maximum limit of all expenditures from a candidate's electoral fund established by Clause 3, Article 66 of this Federal Law. An electoral deposit for a political party, an electoral bloc be equal to 15 percent of the maximum limit of all expenditures from the electoral fund of a political party, an electoral bloc established by Clause 5, Article 66 of this Federal Law.

5. A candidate, political party, 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 a relevant election commission for the payment of electoral deposits not earlier than 75 and not later than 45 days before voting day. An electoral deposit may be paid for a second time only if the documents required for the registration of a candidate, federal list of candidates are submitted for a second time. A candidate, political party, electoral bloc may pay the electoral deposit out of the money which was contributed to their electoral funds with and without a proviso that the money was to be used for the payment of an electoral deposit. When paying an electoral deposit a candidate, political party, electoral bloc shall indicate the purpose of the payment and the following data: a candidate - his surname, first name and patronymic, date of birth, number of the electoral district; a political party, an electoral bloc - their name. If a candidate, political party, electoral bloc pay an electoral deposit out of the money contributed to their electoral fund with a proviso that the money was intended for the payment of an electoral deposit, such candidate, political party, electoral bloc shall, when remitting the electoral deposit to the special account of a relevant election commission, inform in writing the election commission which is to register the candidates, federal list of candidates about the source (sources) from which this money was received to the special electoral account of the candidate, political party, electoral bloc: if from a citizen - his surname, first name and patronymic, place of residence, date of birth; if from a legal entity - its name, bank details.

6. Citizens and/or legal entities contributing money to the electoral fund of a candidate, political party, electoral bloc may indicate that this money or a part thereof is intended for the payment of an electoral deposit. In this case, the candidate, political party, electoral bloc shall not use this money for purposes other than the payment of an electoral deposit. If this money or a part thereof was not used for the payment of an electoral deposit, the candidate, political party, electoral bloc shall return it (less postal charges) to citizens and legal entities, who/which contributed (remitted) this money, not later than ten days after the expiry of the period for submission of documents for the registration of candidates, federal lists of candidates.

7. If a candidate, political party, electoral bloc paid an electoral deposit into the special account of a relevant election commission in a larger amount than established by Clause 4 of this article, the excess amount shall be returned to his/its electoral fund by the election commission within ten days of the day when the electoral deposit was received to the special account.

8. The received sums shall be returned by an election commission to the corresponding electoral funds within 20 days of the day when these sums were received to the special account in the following cases:

      (1) a candidate, political party, electoral bloc paid an electoral deposit into the special account of the election commission in a smaller amount than established by Clause 4 of this article;

      (2) an electoral deposit was paid after the expiry of the period for the submission of documents for the registration of candidates, federal lists of candidates;

      (3) an electoral deposit was paid out of an electoral fund formed in violation of this Federal Law.

9. If a political party, an electoral bloc recall a candidate, federal list of candidates (save the cases provided by Clause 12, Article 52 of this Federal Law) or if the electoral district where a candidate is nominated was changed in accordance with Clause 9, Article 39 of this Federal Law, the paid electoral deposit shall be returned by the election commission to the corresponding electoral fund within ten days of the day when the political party, electoral bloc, candidate submit an appropriate application (notification) to the Central Election Commission of the Russian Federation, election commission of a Russian Federation subject, district election commission.

10. If a candidate, federal list of candidates was registered on the basis of submitted voter signatures, an electoral deposit paid into the special account of an election commission by this candidate, the political party or electoral bloc which nominated the federal list of candidates shall be returned to the corresponding electoral fund within ten days of the day of the registration of the candidate, federal list of candidates.

11. If, according to vote returns, a registered candidate received not less than five percent of the total vote in a single-seat electoral district or was elected and if, according to vote returns, a federal list of candidates received not less than three percent of the total vote in the federal electoral district or if a federal list of candidates was included in the distribution of deputy seats, the electoral deposit paid by the candidate, political party, electoral bloc shall be returned by the election commission to the electoral fund of such candidate, political party, electoral bloc within five days of the day of the official publication of the election results.

12. An electoral deposit that is not to be returned in accordance with Clauses 8 to 11 of this article shall be remitted by the election commission to the federal budget within 60 days of voting day.

13. Within ten working days of the day when an electoral deposit was returned to their special electoral accounts by a relevant election commission, a candidate, political party, electoral bloc shall return to citizens and legal entities the money (less postal charges) which was contributed by them to the electoral fund with a proviso that it was to be used for the payment of an electoral deposit. The remainder, if any, of the electoral deposit returned by an election commission shall be included in the balance of the unexpended money of the electoral fund of the candidate, political party, electoral bloc.

14. The money paid as an electoral deposit shall be remitted to the federal budget or returned to electoral funds by branches of the Savings Bank of the Russian Federation on the basis of a decision of a relevant election commission. An election commission shall not use the money paid as an electoral deposit in any manner other than that established by this article.

Article 69. Voluntary Donations to the Electoral Fund of a Candidate, Political Party, Electoral Bloc

1. Voluntary donations to an electoral fund of a candidate, political party, electoral blocs shall be accepted personally from Russian Federation citizens by post offices or credit institutions only upon production of a passport or an equivalent identity document. In the payment order a citizen making a donation shall indicate the following information about himself: the surname, first name and patronymic, date of birth and address of the place of residence, series and number of the passport or an equivalent identity document, citizenship.

2. Voluntary donations of legal entities to an electoral fund of a candidate, political party, electoral bloc shall be made by means of non-cash transfers to a special electoral account. In the payment order a legal entity making a donation shall indicate the following information about itself: the taxpayers identification number; name; date of registration; bank details; absence of a state or municipal stake in its charter capital or presence and size of such stake; absence of a foreign stake in its charter capital or presence and size of such stake; absence among its founders of state and municipal bodies and legal entities indicated in Sub-clauses 5 and 9, Clause 7, Article 66 of this Federal Law.

3. Voluntary donations of citizens and legal entities shall be remitted and credited to a special electoral account by post offices and credit institutions not later than the next banking day after receipt of the payment order. The time for processing a non-cash payment shall not exceed two banking days within a Russian Federation subject and five banking days within the Russian Federation.

4. A candidate, political party, electoral bloc may return any donation, with the exception of anonymous ones, to donors. If a voluntary donation was made to an electoral fund of a candidate or to an electoral fund of a political party, an electoral bloc from citizens or legal entities that have no right to make such donations, or in violation of the provisions of Clauses 1 and 2 of this article, or in an amount exceeding that established by Article 66 of this Federal Law, the candidate, political party, electoral bloc shall, within ten days of receipt of the donation to the special electoral account, return it to the donor fully or in an amount exceeding the maximum limit of donations (less postal charges), as the case may be, indicating the reasons for the return. A candidate, political party, electoral bloc shall not be held responsible for acceptance of donations whose donors indicated wrong data required under Clauses 1 and 2 of this article, if they were not informed of the inadmissibility of these donations in the due time.

5. Within ten days after anonymous donations are received to the special electoral account a candidate, political party, electoral bloc shall remit these donations to the federal budget.

6. Citizens and legal entities may render financial assistance to a candidate, political party, electoral bloc only through appropriate electoral funds. No paid work shall be performed, goods sold, paid services rendered if they are directly or indirectly related to, and used for achieving a definite result at, the election, without a written consent of a candidate or his authorized representatives for financial matters, an authorized representatives for financial matters of a political party, an electoral bloc and without payment therefor from a relevant electoral fund. Legal entities, their branches, representative offices and other divisions shall not perform any work, sell goods, render any services directly or indirectly related to, and used for achieving a definite result at, the election, free of charge or at unreasonably low (high) rates. Material support may be rendered to a candidate, political party, electoral bloc only if it is paid for from an electoral fund of the candidate, political party, electoral bloc. In the course of an election campaign a citizen may perform work for and render services to a candidate, political party, electoral bloc voluntarily, personally and free of charge, without involvement of third persons.

Article 70. Electoral Fund Reporting. Publication of Information About Consolidated Financial Reports of Political Parties

1. The procedure for opening and maintaining special electoral accounts, the accounting and reporting requirements as well as the forms of reports of candidates, political parties, electoral blocs with regard to the money contributed to and expended 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, political party, electoral bloc shall keep records of the money contributed to and expended from their electoral funds.

2. Candidates, political parties, electoral blocs shall file financial reports with relevant election commissions within the following periods:

      (1) the first financial report - when the documents required for registration are submitted to a relevant election commission as prescribed by this Federal Law; the report shall be drawn up as of the date not more than five days before the date when the report is submitted;

      (2) the second financial report - not earlier than 12 days and not later than 10 days before voting day; the report shall be drawn up as of the date five days before the date when the is submitted;

      (3) 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 receipts to and expenditures from an electoral fund as well as the materials indicated in Clause 5, Article 63 of this Federal Law.

3. If a candidate lost his status, the obligation to submit the financial report shall be borne by a citizen who was a candidate. The financial report of a political party, an electoral bloc shall be submitted by an authorized representative for financial matters of the political party, electoral bloc.

4. Copies of financial reports of registered candidates, political parties and electoral blocs which registered federal lists of candidates shall be made available to the mass media by a relevant election commission within five days of their receipt.

5. At least once a week and, less than ten days before voting day, at least once every three banking days the branches of the Savings Bank of the Russian Federation shall furnish to a relevant district election commissions, the election commission of a Russian Federation subject, the Central Election Commission of the Russian Federation the information concerning the sums received to and expended from special electoral accounts of candidates, political parties, electoral blocs according to the forms established by the Central Election Commission of the Russian Federation. For this purpose use may be made of the state automated information system. Periodically, but at least once every two weeks before voting day, a relevant district election commission, the Central Election Commission of the Russian Federation shall furnish the information about sums received to and expended from electoral funds to the mass media. for publication. Election commissions shall disclose the information supplied by the branches of the Savings Bank of the Russian Federation about sums received to and expended from electoral funds to registered candidates, political parties and electoral blocs which registered federal lists of candidates and to the mass media at their official request. At the request of a relevant election commission and, with regard to a electoral fund, also at the request of a candidate, political party, electoral bloc branches of the Savings Bank of the Russian Federation shall, within three days or, three days before voting day - immediately, furnish certified copies of primary financial documents confirming receipt of sums to and their expenditure from electoral funds.

6. Within ten days of a request made by the Central Election Commission of the Russian Federation the tax authorities of the Russian Federation shall submit the following documents to this commission:

      (1) copies of consolidated financial reports of political parties which nominated registered federal lists of candidates and political parties, other all-Russia public associations comprised in electoral blocs which nominated registered federal lists of candidates for four accounting years preceding the year of the election. If a political party, other all-Russia public associations were registered less than four years before the year of the election such reports shall be submitted for the period which commences from the year of the registration of the political party, other all-Russia public association and ends in the year preceding the year of the election;

      (2) information at the disposal of the tax authorities about audits of the consolidated financial reports of political parties which nominated federal lists of candidates, political parties, other all-Russia public associations comprised in electoral blocs, including information about infractions in the financial activity of these political parties, other all-Russia public associations.

7. The national and regional state print media shall publish the information furnished by election commissions about sums received to and expended from electoral funds as well the information from the consolidated financial reports of political parties, other all-Russia public associations indicated in Clause 6 of this article. The following information shall be subject to mandatory publication:

      (1) information about financial operations which involve expenditure of money from an electoral fund (of a political party, other all-Russia public associations) in an amount exceeding 800 thousand rubles for a political party, other all-Russia public associations, an electoral bloc and 200 thousand rubles for a candidate;

      (2) information about legal entities which contributed sums to an electoral fund (to the account of a political party, other all-Russia public associations) in the form of a voluntary donation exceeding 400 thousand rubles for a political party, other all-Russia public associations, an electoral bloc and 100 thousand rubles for a candidate;

      (3) information about the number of people who contributed sums to an electoral fund (to the account of a political party, other all-Russia public associations) in the form of a voluntary donation exceeding 20 thousand rubbles;

      (4) information about the sums returned to donors and the reasons therefor;

      (5) information about the total amount of money received to an electoral fund (to the account of a political party, other all-Russia public associations) and the total amount of money expended therefrom.

8. Within five days of receipt of a request from an election commission the federal bodies of state power of the Russian Federation, bodies of state power of Russian Federation subjects and the bodies authorized by them, which are in charge of registration of citizens and legal entities shall, free of charge, verify the information indicated by the citizens and legal entities when they were making voluntary donations to electoral funds of candidates, political parties, electoral blocs and shall inform the election commission of the results of such verification. This information shall be submitted to election commissions according to the forms established by the Central Election Commission of the Russian Federation. In this case, use may be made of the state automated information system. At the request of candidates, political parties, electoral blocs a relevant election commission shall, without any delay, 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 7, Article 66 of this Federal Law, this information shall be promptly made known to candidates, political parties, electoral blocs concerned.

9. A candidate simultaneously nominated in several electoral districts at different elections shall submit copies of his financial reports for each electoral district, in which he is nominated, to the election commission of a Russian Federation subject at intervals established for submission of financial reports by this Federal Law, other federal laws, the law of the Russian Federation subject.

Article 71. Return of Money by Candidates, Political Parties, Electoral Blocs

1. After voting day, 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, a political party and an electoral bloc which did not register a federal list of candidates, a political party and an electoral bloc which registered a federal list of candidates which, according to vote returns, received not less than two percent of the vote in the federal electoral district or which was included in the distribution of deputy seats, as well as a political party, an electoral bloc which recalled a federal list of candidates because of compelling circumstances shall return unexpended sums remaining in their special electoral account to citizens and legal entities that made voluntary donations or transfers to their electoral funds, in proportion to the contributed amounts, less postal charges. An electoral deposit shall be returned in accordance with the procedure set forth in Article 68 of this Federal Law.

2. A political party, an electoral bloc which do not fall within Clause 1 of this article shall fully compensate state TV and radio broadcasting organizations and the editorial offices of state print media for the cost of free air time and free space in print media provided to them. Such compensation shall be paid by political parties, electoral blocs out of their electoral funds before the day of the submission of the final financial report.

3. Within three days of the official publication of the general election results, the Central Election Commission of the Russian Federation shall deliver to state TV and radio broadcasting organizations and the editorial offices of state print media the list of political parties, electoral blocs falling within Clause 2 of this article and political parties, other all-Russia public associations which were comprised at the relevant time in the electoral blocs falling within Clause 2 of this article, along with their legal addresses and certified copies of excerpts from joint decisions of electoral blocs on the procedure for compensation of the cost of free air time and space in print media provided to them.

4. Within ten days of the official publication of the general election results, state TV and radio broadcasting organizations and the editorial offices of state print media shall advise each political party, each electoral bloc falling within Clause 2 of this article, each political party and each other all-Russia public association, which were comprised in an electoral bloc falling within Clause 2 of this article, of the amount and cost of the free air time and free space in print media which were provided to them as well as their own legal addresses and bank details.

5. The cost of free air time and free space in print media shall be determined by multiplying the amount of air time and space, provided to political parties, electoral blocs in accordance with Clauses 1 to 3, Article 60 and Clauses 1 to 3, Article 61 of this Federal Law, by the rates charged for air time and space in print media, as fixed and published by TV and radio broadcasting organizations and the editorial offices of print media in accordance with Clause 9, Article 59 of this Federal Law. If a political party, an electoral bloc which registered a federal list of candidates used free air time for joint campaigning events indicated in Clause 4, Article 60 of this Federal Law, the sums to be paid by each political party, each electoral bloc shall be determined by TV and radio broadcasting organizations by dividing the total amount due into equal parts depending on the total number of the participants (political parties, electoral blocs) in each of these joint campaigning events. No compensation shall be paid for the provided free air time and space in print media if a political party, an electoral bloc officially refused to use such air time and space as and when established by Clause 16, Article 60 and Clause 10, Article 61 of this Federal Law

6. A political party, an electoral bloc which do not fall within Clause 1 of this article shall not return unexpended sums from their electoral funds to citizens and legal entities who/which made voluntary donations and transfers to these electoral funds before the political party, electoral bloc pay compensation for free air time and free space in print media to TV and radio broadcasting organizations and the editorial offices of print media. After paying the cost of free air time and free space to TV and radio broadcasting organizations and the editorial offices of print media a political party, an electoral bloc which do not fall within Clause 1 of this article shall remit money from the remainder of their electoral funds to the accounts of citizens and legal entities who/which made donations and transfers in proportion to the amounts thereof.

7. Upon the elapse of 60 days after voting day branches of the Savings Bank of the Russian Federation shall transfer the sums remaining on special electoral accounts of candidates, political parties, electoral blocs to the federal budget on the basis of written instructions of relevant election commissions.

8. If an electoral fund has no money left or its financial resources are insufficient, political parties, electoral blocs shall pay the cost of free air time and free space in print media provided to them out of their own funds. If the cost of the provided free air time and free space in print media has to be paid by an electoral bloc, then the amount to be paid shall be distributed in equal parts between the electoral parties, other all-Russia public associations which were comprised this electoral bloc as of voting day, unless some other manner of distribution is provided for in the joint decision on the establishment of the electoral bloc which was earlier submitted to the Central Election Commission of the Russian Federation.

9. A political party, an electoral bloc, which do not fall within Clause 1 of this article and which did not comply with the requirements of Clause 2 of this article before submission of the final financial report, may make a payment for the provided free air time and free space to TV and radio broadcasting organizations and the editorial offices of print media within 12 months of voting day, if a contract for the provision of free air time, free space concluded with the TV and radio broadcasting organizations, the editorial offices of the print media does not specify otherwise.

10. If the obligations assumed under a contract for the provision of free air time, free space in print media were not fulfilled, a relevant TV and radio broadcasting organization, the editorial office of a relevant print media outlet may apply to a court for collection of the sums due to them after the payment period specified in the contract expires.

11. After the end of an election campaign the obligations imposed by this article on electoral blocs shall be borne by the political parties, other all-Russia public associations which participated in the election campaign as members of this electoral bloc.

12. Not later than 13 months after voting day, state TV and radio broadcasting organizations and the editorial offices of state print media shall inform the Central Election Commission of the Russian Federation about political parties, other all-Russia public associations falling within Clause 2 of this article, which did not pay full compensation for the cost of the provided free air time and free space in print media and about the progress of collection, through courts, of debts arising out of non-fulfillment of the obligations under a contract indicated in Clause 10 of this article.

13. Within ten days of the official publication of the decision to call the election (with the exception of a repeat election or a by-election in single-seat electoral districts), state TV and radio broadcasting organizations and the editorial offices of state pint media shall furnish to the Central Election Commission of the Russian Federation the information about the sums owed them by political parties, other all-Russia public associations falling within Clause 2 of this article, which did not pay full compensation for the cost of the provided free air time and free space in print media as of the day of the official publication of the decision to call the election, as well as the information about such debts collected through courts.

14. Political parties, other all-Russia public associations which acted independently or within electoral blocs at the previous election of deputies of the State Duma and which fall within Clause 2 of this article and owe debts to state TV and radio broadcasting organizations and the editorial offices of state print media as of the day of the official publication of the decision to call the election as well as their legal successors shall not be entitled to free air time and free space in print media at the election. This provision shall also apply to electoral blocs formed with the participation of such political parties and other all-Russia public associations.

15. Based on the information submitted in accordance with Clause 13 of this article the Central Election Commission of the Russian Federation shall make up a list of political parties, other all-Russia public associations which fall within Clause 14 of this article. This list shall be delivered to the mass media.

Article 72. Funding of Election Commissions

1. The funds allocated for the preparation and conduct of the election, financial support of the activity of election commissions, operation and development of automation facilities, training of election officials and education of voters 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 expenditures of election commissions incidental to:

    (1) payment of travel expenses (with the exception of taxi trips and chartered transport) to candidates registered in single-seat electoral districts and candidates included in registered federal lists of candidates in accordance with Article 50 of this Federal Law;

    (2) additional remuneration of voting members and the staff of election commissions, payment of compensations to voting members of election commissions relieved from their main job for the period of the preparation and conduct of the election and payments to citizens who work in commissions on the basis of civil-law contracts;

    (3) production of printed materials and publishing activity;

    (4) acquisition, delivery and installation of equipment (including technological equipment), other tangible assets required for the conduct of the election and exercise of the powers of election commissions;

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

    (6) delivery and safekeeping of electoral documents, their preparation for the transfer to archives and their disposal;

    (7) development of the electoral system, including introduction of new electoral technologies, automation facilities, training of election officials and education of voters, implementation of purpose-oriented programs;

    (8) business trips and other purposes connected with the conduct of the election, the exercise of the powers of election commissions and their activity.

3. Additional remuneration may be paid to voting members of an election commission for the service on the election commission during the period of the preparation and conduct of the election of deputies of State Duma. A voting member of an election commission relieved from his main job for this period at a commission's request shall retain his main job (position) and shall be paid compensation for the period during which he was relieved from the main job. The compensation and additional labor remuneration shall be paid from and within the limits of the funds allocated from the federal budget for the conduct of the election, in the amount and procedure established by the Central Election Commission of the Russian Federation.

4. Labor remuneration of voting members of an election commission working on a permanent (staff) basis and of members of the staff of an election commission shall be paid within the limits of funds allocated from the federal budget to the election commission, in the amount and procedure established by the Central Election Commission of the Russian Federation.

5. The procedure for opening and servicing bank accounts, accounting and reporting procedures and the procedure for transferring federal budget funds to the Central Election Commission of the Russian Federation, other election commissions for the preparation and conduct of the election of deputies of the State Duma shall be established in accordance with the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.» 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 therein. Election commissions shall keep accounting records for the funds allocated from the federal budget.

6. The forms of reports of election commissions on receipt and expenditure of funds allocated for the preparation and conduct of the election and the forms to be used for presenting information about the sums received to and expended from electoral funds of candidates, political parties, electoral blocs shall be established by the Central Election Commission of the Russian Federation and agreed 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 Russian Federation subject not later than 20 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 about the sums received to and expended from electoral funds of candidates to the election commission of a Russian Federation subject not later than 35 days after the day of the official publication of the election results in the single-seat electoral district.

9. The election commission of a Russian Federation subject shall submit a report on the receipt and expenditure of federal budget funds allocated to the given election commission of a Russian Federation subject for the preparation and conduct of the election and the information about the sums received to and expended from electoral funds of candidates in each single-seat electoral district to the Central Election Commission of the Russian Federation not later than 50 days after the day of the official publication of the general election results.

10. The Central Election Commission of the Russian Federation shall submit a report on the expenditure of federal budget funds and the information about the sums received to and expended from electoral funds of candidates, political parties, electoral blocs to the chambers of the Federal Assembly of the Russian Federation and to the mass media not later than three months after the day of the official publication of the general election results. This report and this 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 73. Supervisory-Auditing Service of Election Commissions

1. The following supervisory-auditing services shall be organized in election commissions to exercise control over correct use of funds allocated to election commissions; monitor the sources, recording and use of the financial resources of electoral funds; audit financial reports of candidates, political parties, electoral blocs; verify the information submitted by candidates about their property, income and sources of the income:

      (1) the supervisory-auditing service of the Central Election Commission of the Russian Federation;

      (2) the supervisory-auditing service of the election commission of a Russian Federation subject;

      (3) supervisory-auditing services of district election commissions.

2. The supervisory-auditing service shall include the head and the deputy head (deputy heads) of the supervisory-auditing service, members of a relevant election commission appointed to the supervisory-auditing service and specialists of the supervisory-auditing service from among the executives and specialists of state (law-enforcement, fiscal, tax and other) bodies, organizations and institutions, including the Central Bank of the Russian Federation, the Savings Bank of the Russian Federation, the chief department (national bank) of the Central Bank of the Russian Federation in a Russian Federation subject. At the request of a relevant election commission these bodies shall, not later than a month after the day of the official publication of the decision to call the election, assign specialists to the Central Election Commission of the Russian Federation and the election commission of a Russian Federation subject for a period of not less than five months and to a district election commission for a period of not less than three months.

3. For the period of their work in the supervisory-auditing service specialists indicated in Clause 2 of this article shall be relieved from their main job but shall keep this job (position) and continue to receive the salary and other allowances thereat. These specialists may also receive a remuneration from the funds allocated for the preparation and conduct of the election.

4. The statute of the supervisory-auditing service shall be approved by a relevant election commission. The organizational, legal and logistical support of the supervisory-auditing service of an election commission shall be provided by the election commission.

5. At the request of a relevant election commission the supervisory-auditing service shall:

      (1) audit financial reports of candidates, political parties, electoral blocs, lower election commissions;

      (2) organize verification of the information submitted by candidates, authorized representatives of political parties, electoral blocs about the property, income and its sources, monetary deposits, securities, shares of stock and other forms of participation in the capital of commercial organizations, property located outside the territory of the Russian Federation, including such property under trust management;

      (3) monitor compliance of candidates, political parties, electoral blocs with the rules established for funding election campaigning, other activities directly related to an election campaign;

      (4) request information concerning all matters within its scope of competence and receive such information from candidates, political parties, electoral blocs, election commissions;

      (5) make applications to the federal bodies of executive power, other state bodies, organizations of all forms of ownership and to citizens on all matters within the scope of its competence, request the necessary information and documents relating to election funding. Responses to applications of the supervisory-auditing service and the requested materials shall be provided within ten days or, during five and less days before voting day and on voting day - immediately;

      (6) prepare documents recording financial irregularities in election funding;

      (7) ask a relevant election commission to call to account candidates, political parties, electoral blocs as well as citizens and legal entities for the infractions committed by them in the funding of the election campaign;

      (8) involve experts in audits and in the preparation of reports and expert assessments.

6. When exercising its powers the supervisory-auditing service may use the state automated information system.

«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»




ÏÓÁËÈÊÀÖÈÈ ÈÐÈÑ



© Copyright ÈÐÈÑ, 1999-2024  Êàðòà ñàéòà