Resolution Of The State Duma On Federal Law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation
Draft
Introduced by Deputies of the State Duma,
members of the Committee of the State Duma on
Affairs of Federation and Regional Policy
The State Duma of the Federal Assembly of the Russian Federation r u l e s:
1. To adopt in the first reading the Federal Law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation,
2. To forward the Federal Law in question to the Federation Council of the Federal Assembly of the Russian Federation;
Chairman of the State Duma
of the Russian Federation
Draft
Introduced by Deputies,
Members of the Committee
of the State Duma on Federal Affairs
and Regional Policy
FEDERAL LAW
On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation
The ultimate purpose of this Federal Law is to protect rights and freedoms of citizens of the Russian Federation in the elections to legislative (representative) bodies of state power in the subjects of the Russian Federation.
Article 1. Elections to legislative (representative) bodies of state power in the subjects of the Russian Federation are conducted in full compliance with the federal legislation. Constitutions (Charters) and Laws of the subjects of the Russian Federation.
Article 2. The day of elections to legislative (representative) bodies of state power in the subject of the Russian Federation that has been elected after enaction of this Federal Law is set by this legislative (representative) body of state power in the subject of the Russian Federation in compliance with the procedure for its formation and the term of its authority, denned in the Constitution (Charter) of the corresponding subject of the Russian Federation no later than three months prior to expiration of the term defined before it has been elected. Elections shall be held no later than within three months upon expiration of the term of a legislative (representative) body of state power in the subject of the Russian Federation defined before its election.
Article 3. Elections to the legislative (representative) body of state power in the subject of the Russian Federation which term set for its election has expired before enaction of this Federal Law shall be held no later than within six months from the day when this Federal Law is enabled.
Elections to the legislative (representative) body of state power in the subject of the Russian Federation which term has not been set for its election shall be held no later than within four years starting from the day of previous elections to this body.
In such cases the day of elections is set by the legislative (representative) body of state power in the subject of the Russian Federation no later than three months prior to the date of expiration of the deadlines set forth in this Article.
Article 4. If the legislative (representative) body of state power in the subject of the Russian Federation has not set the date of elections within the time period defined by this Federal Law, elections shall be held on the last Sunday prior to expiration of deadlines set forth in Articles 2 and 3 of this Federal Law.
Article 5. Elections to legislative (representative) body of state power in krai or oblast, which comprise autonomous okrugs, shall be held simultaneously on all territory of krai or oblast including elections in autonomous okrugs.
Article 6. Powers of the legislative (representative) body of state power in the subject of the Russian Federation expire upon commencement of activities by the newly elected legislative (representative) body of state power in the subject of the Russian Federation.
Article 7. This Federal Law takes force on the day of its official publication.
President of the Russian Federation
RESOLUTION
of the Federation Council of the Russian Federation
On Draft of the Federal Law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation
On May 24, 1996 the State Duma of the Federal Assembly of the Russian Federation adopted in the first reading a draft law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation which had been proposed for consideration by the Council of Federation of the Federal Assembly of the Russian Federation as legislative initiative.
A new text of the draft law that was proposed for consideration to the State Duma on July 17, 1996 includes provisions that change the nature of the draft law and interfere with affairs of the subjects of the Russian Federation. In other words, a totally independent draft was submitted for consideration in the second reading. Its nature contradicts in concept the legislative initiative of the Federation Council.
Taking into consideration that the State Duma of the Federal Assembly of the Russian Federation approved the concept of the Draft Law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation in the first reading, the Federation Council rules:
1. Propose to the State Duma of the Federal Assembly of the Russian Federation to consider the Draft Federal Law On Election to Legislative (Representative) Bodies of State Power in the Subjects of the Russian Federation in the second reading in the variant proposed by the Federation Council.
2. The following resolution takes force on the day of its adoption.
Chairman of the Federation Council of the
Federal Assembly of the Russian Federation.
E. S. Stroyev
Moscow
July 17, 1996
N262-CФ
INSTITUTE OF LEGISLATION AND COMPARATIVE LAW STUDY UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION
CONCLUSION
Concerning Application of Article 37 of Federal Law «On Election of President of the Russian Federation»
As implies from Articles 45-47 of Federal Law «On Election of President of the Russian Federation» and Article 28 and 29 of Federal Law «On Basic Guarantees on Electoral Rights of Citizens of the Russian Federation» electoral funds established by candidates and electoral associations are monetary funds. The funds are special purpose and may be used only to support campaign activities. Such funds are established to be used only within the time limits set for election campaigning. Candidates are allowed to use the relevant funds from the time of their registration till election day (Article 45 of the Federal Law «On Election of President of the Russian Federation»).
The Federal Laws does not stipulate a possibility to contribute any property other than money to the electoral funds. The aforesaid Federal Laws set the procedure for returning outstanding money at electoral funds. The procedure for return of the equipment, acquired by candidates for the money withdrawn from the electoral funds, to organizations and persons who made contributions and donations, or another form of compensation.
We presume that the equipment and other items used for election campaign purposes, that are rather expensive (computers, xeroxes, scanners, faxes, office furniture, etc.) m, should be covered by the procedure for return similar to the procedure for return of money since a person with a status of a candidate after the election does not have the right of ownership to the aforesaid items and the use of the electoral funds after the election is not allowed by law. These items should be returned to the Central Election Commission of the Russian Federation, organizations and individuals who made donations and contributions. The items should be returned according to their value and in proportion to the amount of funds allocated by the Central Election Commission of the Russian Federation or donated by organizations and individuals. If such items cannot be distributed proportionally the Central Election Commission of the Russian Federation may decide to sell the items and the earned money should be given to the Central Election Commission of the Russian Federation, organizations and individuals who made donations.
For the case of the equipment acquired for the money withdrawn from the electoral fund of Yu.P. Vlasov, a candidate for President of the Russian Federation, we presume the all office equipment should be given to the Central Election Commission of the Russian Federation. This comes from the composition of the electoral fund of Yu.P. Vlasov that was established at the federal budget expense. In compliance with Clause 1 of Article 47 of Federal Law «On Election of President of the Russian Federation» the funds should be returned to the Central Election Commission of the Russian Federation.
18 July 1996
Head of the Constitutional Law Department
A.E. Postnikov
Letterhead of the Speaker of the State Duma of the Russian Federation.
July 15,1996
#2.12-17/507
Addressed to the Chairman of the Government of the Russian Federation,
V. S. Chernomyrdin
Dear Viktor Stepanovich,
In compliance with the Resolution of the State Duma of the Federal Assembly of the Russian Federation from July 10, 1996 # 531-11 AA I forward you the Draft Federal Law On Amendments and Changes to the Federal Law On Basic Guarantees of Election Rights of Citizens of the Russian Federation.
Addenda: 4 pages.
Speaker of the State Duma of the
Federal Assembly of the Russian Federation
G. Seleznyov
FEDERAL ASSEMBLY - PARLIAMENT OF THE RUSSIAN FEDERATION
RESOLUTION
of the STATE DUMA
On Draft Federal Law On Changes and Amendments to the Federal Law On Basic Guarantees of Election Rights of Citizens of the Russian Federation
The State Duma of the Federal Assembly of the Russian Federation rules:
1. To adopt in the first reading the Draft Federal Law On Changes and Amendments to the Federal Law On Basic Guarantees of Election Rights of Citizens of the Russian Federation.
2. To forward this Draft to the President of the Russian Federation, Federation Council of the Federal Assembly of the Russian Federation, Committees and Commissions of the State Duma, Government of the Russian Federation for further possible changes and amendments that shall be submitted to the State Duma Committee on Local self-government.
3. To the Committee of the State Duma on Local self-government to revise and improve this Draft on the bases of all proposals and promote it to the second reading in the State Duma.
Chairman of the State Duma of the
Federal Assembly of the Russian Federation
G.N.Seleznyov
Moscow
July 10, 1996
#531-IIÃÄ
Draft
Introduced by Deputies of the State Duma
S. S. Mitrokhin
S. A. Popov
FEDERAL LAW
On Additions to the Federal Law On Basic Guarantees of Election Rights of Citizens of the Russian Federation
Article 1. Make the following changes in the Federal Law On Basic Guarantees of Election Rights of Citizens of the Russian Federation:
1. The following sentence should be added to Part four of Article 11:
«To provide constitutional rights of citizens pertaining to participation in local self-government bodies, the Federal Law can set forth temporary provisions which define powers and regulate the procedure of activities of election commissions of municipal entities pertaining to the conduct of election of legislative bodies and elected local self-government officials, if no other provisions are set forth in the laws and other normative legal acts of legislative (representative) bodies of state power in the subjects of the Russian Federation. «
2. The following sentence should be added to Part three of Article 13:
«To provide constitutional rights of citizens pertaining to their participation in local self-government, the Federal Law can set forth temporary provisions which regulate the procedure of formation of election commissions of municipal entities in elections of legislative bodies and elected local self-government officials, if no other provisions are set forth in the laws and normative legal acts by representative (legislative) bodies of state power in the subjects of the Russian Federation. «
Article 2. This Federal Law takes force on the day of its official publication.
President of the Russian Federation
CONCLUSION
on the Draft Federal Law «On Elections to Legislative (Representative) Bodies of State Power of Legal Subjects of the Russian Federation»
This draft Federal Law is an interim legal instrument designed to solve a problem of setting the time limits for elections to legislative bodies of state power in legal subjects of the Russian Federation, the procedure of election setting, and determining the term of power of the aforesaid bodies.
We presume that the above issues should be resolved in the context of federal legislative regulation of state power in the Russian Federation. This means that a section in Federal Law «On Basic Principles of Organization of State Power in Legal Subjects of the Russian Federation» should be devoted to the issues. Such fragmentation of the legal regulation results in insufficient compliance of a number of provisions of the draft Federal Law under consideration with the Constitution of the Russian Federation. In compliance with para «H» of Clause 1 Article 27 of the Constitution of the Russian Federation only the issue of setting uniform principles of organization of the system of state power bodies is under joint jurisdiction of the Russian Federation and legal subjects of the Russian Federation, Article 77 of the Constitution of the Russian Federation states that the system of state power bodies in the republics, krais (territories), oblasts (regions), cities of «federal significance», autonomous regions, autonomous okrugs is established by the legal subjects of the Russian Federation independently in compliance with the basic principles of the Constitution of the Russian Federation and uniform principles of organization of representative and executive bodies of state power set by the Federal Law. One should also note that according to paragraph «b», Article 71 of the Constitution of the Russian Federation regulation and protection of rights and freedoms of individuals and citizens (including electoral rights of citizens stipulated in Article 32 of the Constitution of the Russian Federation) are under jurisdiction of the Russian Federation. Only on the basis of the aforesaid constitutional provisions the time limits of elections to legislative bodies of state power of the Russian Federation, the procedure of setting and term of power of the aforesaid bodies may be regulated legislatively at the federal level.
The analyses of the Federal Law demonstrate that not in all cases the drawers managed to achieve accord with the Constitution of the Russian Federation. In particular:
1. Article 1 of the Draft Law fails to mention that elections should be held in compliance with the Federal Laws. One should not forget about existence of Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation» that covers elections to bodies of state power in the legal subjects of the Russian Federation. As implies from the Article, the Federal Law «On Elections to Legislative (Representative) Bodies of State Power of Legal Subjects of the Russian Federation» is not a normative basis for elections of legislative bodies of legal subjects of the Russian Federation.
2. The Clause concerning setting the date of elections to legislative bodies in legal subjects of the Russian Federation by the legislative body proper contradicts the principle of division of jurisdiction between the Russian Federation and legal subjects of the Russian Federation stipulated in Articles 71 and 72 of the Constitution of the Russian Federation. The subject that would determine the election date (to be more precise, set the date of election) should be established by legal subjects of the Russian Federation independently. Such issues should be and are resolved in the Constitutions of the republics, Charters of the krais (territories), oblasts (regions), cities of «federal significance, autonomous oblasts, autonomous okrugs or laws of legal subjects of the Russian Federation. It is worth noting that elections to legislative bodies in a number of subjects of the Russian Federation are set by the head of the executive body of the state power in legal subjects of the Russian Federation. In our opinion, this method of setting elections is quite reasonable, it meets the constitutional principle of division of power and in any case a federal legislator has no reasons to uniform the aforesaid procedure in the direction outlined in Article 2 of the draft Federal Law.
3. Provisions of Article 5 of the Federal Law on elections to legislative bodies of state power in krai (oblast) composed by autonomous okrugs in the territory of the relevant autonomous okrugs contradicts the constitutional status of autonomous okrugs set by Article 66 of the Constitution of the Russian Federation. Article 5 of the Draft Law alters the status of an autonomous okrug as a legal subject of the Russian Federation without its consent, which contradicts Clause 5, Article 66 of the Constitution of the Russian Federation. According to Article 66 of the Constitution of the Russian Federation (Clause 3 and 4) the relationships of the autonomous regions composing a krai or oblast may be regulated by the Federal Law on autonomous region to be adopted upon request of legislative and executive bodies of the autonomous oblast and by an agreement between bodies of state power of the autonomous okrug and bodies of state power of the krai or oblast respectively. Since the aforesaid Federal Laws are absent the issue concerning simultaneous elections in «the entire territory of a krai (oblast) including the territory of autonomous okrugs» should be resolve by concluding an agreement between the bodies of state power of an autonomous region, autonomous okrug and all bodies of state power of a krai or oblast.
4. It would be more accurate to mention in Article 6 of the draft Federal Law the time the body gets authorized to exercise its powers in compliance with the Constitution (Charter) of a legal subject of the Russian Federation or the law of a legal subject of the Russian Federation rather than the time of the beginning of the work of a newly elected legislative body.
General conclusion. The draft law needs serious conceptual changes.
A. Postnikov
| 
