1. The President of the Russian Federation shall be elected by citizens of the Russian Federation on the basis of universal, equal, and direct suffrage by secret ballot.

2. Participation of a citizen of the Russian Federation in the election of the President of the Russian Federation shall be free and voluntary. Nobody shall exert any influence on a citizen of the Russian Federation in order to compel him/her to participate or not to participate in the election and nobody shall interfere with free expression of a citizen's will.

ARTICLE 2. Legislation on the Election of the President of the Russian Federation

Legislation on the election of the President of the Russian Federation shall comprise 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», this Federal Law and other federal laws.

ARTICLE 3. Electoral Rights of a Citizen of the Russian Federation in the Election of the President of the Russian Federation

1. A citizen of the Russian Federation who has attained to the age of 18 years on voting day shall be entitled to elect the President of the Russian Federation.

2. A citizen of the Russian Federation who has attained to the age of 18 years shall be entitled to participate in the nomination of candidates for the office of the President of the Russian Federation, election campaigning, monitoring of the conduct of the election of the President of the Russian Federation and the work of election commissions, including determination of voting returns and election results, and in the performance of other electoral actions in a procedure established by this Federal Law, other federal laws.

3. Eligible to the office of President of the Russian Federation shall be a citizen of the Russian Federation who has attained to the age of 35 years and has permanently resided in the Russian Federation for not less than 10 years.

4. A citizen of the Russian Federation who resides or stays outside the territory of the Russian Federation during the preparation and conduct of the election of the President of the Russian Federation shall have the same rights in the election as other citizens of the Russian Federation.

5. A citizen of the Russian Federation found incapable by a court or kept in places of confinement under a court sentence shall have no rights to elect or be elected President of the Russian Federation.

ARTICLE 4. Federal Electoral District

The election of the President of the Russian Federation shall be conducted in one federal electoral district comprising the entire territory of the Russian Federation. Voters residing outside the territory of the Russian Federation shall be regarded as being included the federal electoral district.

ARTICLE 5. Calling of the Election of the President of the Russian Federation

1. Holding of the election of the President of the Russian Federation within the period established by the Constitution of the Russian Federation and this Federal Law shall be mandatory.

2. Under the Constitution of the Russian Federation the election of the President of the Russian Federation shall be called by the Federation Council of the Federal Assembly of the Russian Federation. A decision to call the election shall be taken not earlier than 150 days and not later than 120 days prior to voting day. Voting day in the election of the President of the Russian Federation shall be the first Sunday of the month in which voting was conducted in the previous general election of the President of the Russian Federation. The constitutional term for which the President of the Russian Federation was elected shall begin from the day of his/her election. The day on which the President of the Russian Federation was elected is the day of voting which resulted in his/her election. The decision to call the election shall be officially published in the mass media not later than five days after it was taken.

3. If the Federation Council of the Federal Assembly of the Russian Federation does not call the election of the President of the Russian Federation as provided by Clause 2 of this Article, the election shall be held by the Central Election Commission of the Russian Federation on the second or third Sunday of the month in which voting was conducted in the previous general election of the President of the Russian Federation expire. The decision of the Central Election Commission of the Russian Federation to hold the election shall be published not later than seven days from the last day of the period established for official publication of a decision to call the election by Clause 2 of this Article.

4. If the President of the Russian Federation ceases to exercise his/her powers before the expiry of the constitutional term in cases and in a procedure provided by the Constitution of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation shall, within 14 days of such cessation of the exercise of the powers, call the early election of the President of the Russian Federation. In this case, voting day shall be the last Sunday before the last day of three months elapsing from the day on which the President of the Russian Federation prematurely ceased to exercise his/her powers. The decision to call the early election shall be officially published in the mass media not later than five days from the day when it was taken.

5. If the Federation Council of the Federal Assembly of the Russian Federation does not call the early election of the President of the Russian Federation in pursuance of Clause 4 of this Article, the election of the President of the Russian Federation shall be held by the Central Election Commission of the Russian Federation on the first or the second Sunday after the last day of three months elapsing from the day on which the President of the Russian Federation prematurely ceased to exercise his/her powers. The decision of the Central Election Commission of the Russian Federation to hold the election shall be published not later than seven days from the last day of the period established for official publication of a decision to call the early election by Clause 4 of this Article.

6. In the cases provided by Clauses 4 and 5 of this Article the periods for the performance of electoral actions established by this Federal Law shall be reduced by one fourth.

7. If voting day in the election of the President of the Russian Federation to be called or held in accordance with Clauses 2 - 6 of this Article coincides with a holiday, a day before or after a holiday, voting day shall be the next Sunday.

ARTICLE 6. Right to Nominate Candidates for the Office of President of the Russian Federation

1. Candidates for the office of President of the Russian Federation (hereafter «candidates») may be nominated by voters, electoral associations, and election blocs.

2. A Russian Federation citizen shall not be nominated a candidate if he/she is not eligible for election as President of the Russian Federation

ARTICLE 7. Preparation and Conduct of the Election of the President of the Russian Federation by Election Commissions

1. The preparation and conduct of the election of the President of the Russian Federation, the measures to ensure realization and protection of the electoral rights of citizens and the control over observance of these rights shall be carried out by election commissions within the scope of their powers laid down by this Federal Law, other federal laws.

2. During the preparation and conduct of the election of the President of the Russian Federation election commissions shall, within the scope of their powers laid down by this Federal Law, other federal laws, be independent of the bodies of state power and bodies of local self-government. Any interference by these bodies in the activities of election commissions shall not be allowed.

3. Decisions and acts of election commissions adopted by them within the scope of the powers vested in them by this Federal Law, other federal laws shall be binding upon federal bodies of executive power, bodies of executive power of the Subjects of the Russian Federation, state institutions, bodies of local self-government, candidates, registered candidates for the office of President of the Russian Federation (hereafter «registered candidates»), electoral associations, electoral blocs, public associations, organizations, officials, voters.

4. During the preparation and conduct of the election of the President of the Russian Federation election commissions shall be entitled to use the state automated information system to inform voters about the progress of the preparation and conduct of the election and the election results, to search for, acquire, replenish, process, transmit and store the information used in the course of the preparation and conduct of the election and to provide information support for the activity of election commissions carried out within the scope of powers vested in them by this Federal Law, other federal laws.

ARTICLE 8. Right to Election Campaigning

1. The state shall guarantee the freedom of election campaigning for citizens of the Russian Federation, political public associations in accordance with this Federal Law, other federal laws.

2. Citizens of the Russian Federation, political public associations may, in any form allowed by law and by legitimate methods, conduct election campaigning, i.e. the activities encouraging or aimed to encourage voters to participate in the election of the President of the Russian Federation and to vote for or against any registered candidate.

3. Equal conditions of access to the mass media shall be guaranteed to registered candidates for election campaigning.

ARTICLE 9. Funding of the Election of the President of the Russian Federation

1. Expenses on the preparation and conduct of the election of the President of the Russian Federation shall be paid from the funds allocated from the federal budget.

2. Candidates shall set up their own electoral funds for financing their election campaign.

ARTICLE 10. Publicity in the Preparation and Conduct of the Election of the President of the Russian Federation

1. The preparation and conduct of the election of the President of the Russian Federation shall be carried out openly and publicly.

2. All normative acts of election commissions, bodies of state power and bodies of local self-government relating to the preparation and conduct of the election of the President of the Russian Federation shall be published or made public in some other manner.

ARTICLE 11. Inadmissibility of the Participation in Election Campaigns of Foreign Nationals, Stateless Persons, Foreign Legal Entities, International Organizations and International Public Movements

Foreign nationals, stateless persons, foreign legal entities, international organizations and international public movements shall be allowed to not carry on any activities to facilitate or prevent nomination, registration of candidates, election of registered candidates.

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ПУБЛИКАЦИИ ИРИС

НЕДЕЙСТВИТЕЛЬНОСТЬ ВЫБОРОВ: ЗАКОНОДАТЕЛЬСТВО И СУДЕБНАЯ ПРАКТИКА

Автор: Алехичева Л.Г., Постников А.Е. - ИРИС
Форма выпуска: Книга

В книге обобщается судебная практика одной из наиболее актуальных и сложных проблем, возникающих при проведении выборов - признания недействительности выборов...

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