Resolution «Clarification of the Procedure for the Exercise of the Electoral Rights by Servicemen and Staff Members of Law Enforcement Bodies in the Period of the Preparation and Conduct of the Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation of Third Convocation»
Central Election Commission of the Russian Federation
In accordance with Part 1 Article 24 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» the Central Election Commission of the Russian Federation hereby resolves:
1. To approve «Clarification of the Procedure for the Exercise of the Electoral Rights by Servicemen and Staff Members of Law Enforcement Bodies in the Period of the Preparation and Conduct of the Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation of Third Convocation.»
2. To publish this Clarification in the Bulletin of the Central Election Commission of the Russian Federation« and in the newspaper Rossiskaya Gazeta.
A.A.Veshnyakov
Chairman
Central Election Commission
of the Russian Federation
O.K. Zastrozhnaya
Secretary
Central Election Commission
of the Russian Federation
September 21, 1999
No.15/114-3
Moscow
APPROVED
Resolution of the Central Election Commission
of the Russian Federation
No.15/114-3 of September 21, 1999
CLARIFICATION
of the Procedure for the Exercise of the Electoral Rights by Servicemen and Staff Members of Law Enforcement Bodies in the Period of the Preparation and Conduct of the Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation of Third Convocation
In accordance with the Constitution of the Russian Federation, the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,» the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation,» the Russian Federation Law» «On the Right of Russian Federation Citizens to the Freedom of Movement, Choice of the Place of Stay and Residence in the Russian Federation» the servicemen of the Armed Forces of the Russian Federation, the interior troops of the Ministry of Internal Affairs of the Russian Federation, the Federal Border Service, the Federal Security Service, the Federal Agency for Government Communication and Information, other ministries and agencies where servicemen are employed, including servicemen in military units located outside the places of their permanent deployment or stationed outside the Russian Federation have the right to elect and be elected to the State Duma of the Federal Assembly of the Russian Federation.
The passive or active electoral right of servicemen shall not be restricted on account of the nature, conditions, length or place of their service or current residence or the place where they resided before they were called up for (joined) military service or for any other reasons, save the restrictions established by the Constitution of the Russian Federation and federal laws.
The exercise of electoral rights of servicemen shall be ensured by election commissions in cooperation with the command of the corresponding military formations and units. The heads of ministries and agencies which have military units as well as military administration bodies, commanding officers of military units shall assist election commissions in the exercise of their powers.
Staff members of law enforcement bodies have the right to elect and be elected to the State Duma of the Federal Assembly of the Russian Federation.
Under federal legislation staff members of law enforcement bodies include the staff of the public prosecutor's offices, internal-affairs bodies, federal bodies of the tax police, customs service, other law enforcement agencies whose powers include law enforcement.
Apart from the federal laws the electoral rights of servicemen and staff members of law enforcement bodies are guaranteed by Decree of the President of the Russian Federation No. 535 of May 30, 1997 «On Guaranteeing the Electoral Rights of Servicemen, Staff Members of the Internal-Affairs Bodies of the Russian Federation, Federal Bodies of the Tax Police and Public Prosecutor's Offices of the Russian Federation.»
1. Exercise of the Active Electoral Right by Servicemen and Staff Members of Law Enforcement Bodies
Under Clause 5 Article 14 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» servicemen shall vote in general electoral precincts.
The issues connected with the organization of voting of servicemen and other voters of military units in general electoral precincts shall be dealt with by district election commissions with the concurrence of commanding officers of the military units located in the territory of the given electoral districts.
By way of exception electoral precincts may be formed in the territory of military units located in isolated localities far from population centers. In such cases electoral precincts shall be formed by the commanding officers of military units on the basis of a decision of the district election commission not later than 30 days prior to voting day or, in exceptional cases, not later than 5 days prior to voting day. The commanding officer of a military unit shall allocate working premises to the precinct election commission and voting premises outside the areas with restricted access and shall ensure admission to these premises of all members of the precinct election commission and higher-level election commissions, registered candidates and their agents, agents and authorized representatives of electoral associations, electoral blocs and observers in a procedure established by Article 14 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation.»
Staff members of law enforcement bodies shall be included in the voters list at at the place of their residence and shall vote in general electoral precincts.
2. Exercise of the Passive Electoral Right by Servicemen and Staff Members of Law Enforcement Bodies
Servicemen and staff members of law enforcement bodies have the right to be elected deputies of the State Duma of the Federal Assembly of the Russian Federation. Under Article 37 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» these persons may nominate themselves or be nominated by the voters of the given electoral district, an electoral association, electoral bloc, with subsequent collection of signatures in their support or payment of an electoral deposit. In his/her personal statement to an election commission expressing the consent to the nomination in the given electoral district a serviceman, staff member of law enforcement bodies shall state that in the event of election he/she will suspend military service (service) from the day of election for the entire term of office of a deputy and shall indicate other data required by Clause 8 Article 37 of this Federal Law.
For participation in the election campaign servicemen and staff members of law enforcement bodies shall, upon their request, be granted an unpaid leave of absence.
During signature collection and after they are registered as candidates for election to the State Duma servicemen and staff members of law enforcement bodies are entitled to all rights and bear all obligations established by Articles 41, 48 and 49 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation.»
Under Clause 1 Article 49 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» the appropriate election commission shall pay servicemen and staff members of law enforcement bodies registered as candidates a monetary compensation for the period of their unpaid leave of absence. This monetary compensation shall be paid in the amount of his/her average monthly pay but not in excess of 10 times the minimum wage, on the basis of an order granting the candidate an unpaid leave of absence from the main place of military service (service).
Servicemen who serve in the army under a contract shall have the right to early discharge from service if they are elected to the State Duma of the Federal Assembly of the Russian Federation.
Staff members of law enforcement bodies shall also have the right to resign their job if they are elected to the State Duma of the Federal Assembly of the Russian Federation, on the grounds provided by the federal legislation.
3. Representation of Servicemen on Election Commissions
When servicemen are to vote in general electoral precincts representatives of a military unit shall be included in the corresponding territorial and precinct election commissions.
Along with the duties common to all members of an election commission, representatives of a military unit on a precinct election commission shall, on voting day, issue ballots to voters included in the voters list of the military unit (the format of the ballot is established by the Central Election Commission of the Russian Federation). The voters shall mark the ballots and drop them into common ballot boxes. After the end of voting and vote counting the voters lists of a military unit shall be returned to the military unit, where arrangements shall be made for their safekeeping in accordance with an established procedure.
When an election precinct is formed in the territory of a military unit located in an isolated locality far from population centers members of the precinct election commission shall be appointed by the commanding officer of the military unit on the basis of a decision taken by the meeting of voters of the given military collective and the proposals of electoral associations, electoral blocs, not later than three days after formation of the electoral precinct. The number of commission members shall comply with the requirements of Article 21 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation.» The activity of precinct election commissions of electoral precincts formed in the territory of military units shall be directed by appropriate election commissions.
Formation of electoral precincts and precinct election commissions in military units stationed outside the territory of the Russian Federation shall be carried out by the commanding officers of these military units with the concurrence of the diplomatic or consular missions of the Russian Federation in these countries. Servicemen, like other voters residing outside the territory of the Russian Federation, shall be included in single-mandate electoral districts formed in the territory of the Russian Federation. The voters included in single-mandate electoral districts shall be also deemed to be included in the federal electoral district. These election commissions shall be supplied with ballot papers for secret voting, blank forms of protocols of voting returns, absentee certificates, other necessary documents and materials and shall submit the protocols of voting returns through the diplomatic or consular missions of the Russian Federation in the countries where the military units are stationed.
Under Article 22 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» an electoral association, electoral bloc which has a federal list of candidates registered by the Central Election Commission of the Russian Federation and a candidate registered in a single-mandate electoral district shall be entitled to appoint one non-voting member to the precinct election commission of an electoral precinct formed in the territory of a military unit which is located in an isolated locality far from population centers or outside the territory of the Russian Federation.
In accordance with Article 28 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» precinct election commissions of electoral precincts formed in military units shall:
compile and update lists of voters - servicemen and other citizens residing in the territory of the military unit;
make voters lists available to voters for examination, consider statements about errors and inaccuracies in voters lists, correct voters lists;
inform voters about the day and place of voting;
prepare voting premises, ballot boxes and other equipment, arrange for provision of communication and transport facilities;
adjudicate grievances about violations of federal laws and take motivated decisions thereon;
issue absentee certificates to voters;
conduct early voting in cases provided by law;
organize voting at the polling station on voting day;
count voters, tabulate voting returns for the given electoral precinct;
ensure that, upon presentation of proper credentials, all members of the election commission, including non-voting members, observers, candidates and their agents, authorized representatives, authorized representatives and agents of registered electoral associations, electoral blocs are admitted to the voting premises;
deliver the information about voting returns to territorial or district election commissions, and, outside the Russian Federation, to the corresponding diplomatic or consular missions of the Russian Federation;
exercise other powers provided by this Federal Law.
In an electoral precinct formed in the territory of a military unit the precinct election commission may declare voting to be over before the time established by Clause 1 Article 73 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» if all voters included in the voters list have voted.
4. Compilation of Voters Lists Including Servicemen. Collection of Signatures
A serviceman may be included in the voters list and may vote only in one electoral precinct. Under Article 15 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» a list of voters - servicemen, members of their families and other voters residing in the territory of the military unit must be compiled by the precinct election commission not later than 25 days prior to voting day on the basis of voters' data furnished by the commanding officer of the military unit.
Voters - servicemen, members of their families, other persons who reside in the territory of the military unit shall be included in the voters list if the fact of their permanent or current residence in the territory of the military unit is established by an appropriate service of the military unit or by bodies in charge of the registration of citizens of the Russian Federation at the place of their stay or residence within the Russian Federation or on the basis of the order of the commanding officer of the military unit whereby conscripts are put on the staff of the military unit.
Servicemen who reside outside the territory of military units shall be included in the voters list at the place of their residence on the usual terms.
Subject to a decision of the head of a municipal unit agreed with the commanding officer of a military unit voters who live in direct proximity to the territory of the military unit may be included in the list of voters of the electoral precinct formed in the territory of the military unit.
The voters list for an electoral precinct formed in a military unit stationed outside the territory of the Russian Federation shall be compiled by the precinct election commission within the same period on the basis of voters' data furnished by the commanding officer of the military unit. With the concurrence of the appropriate diplomatic or consular mission Russian Federation citizens who have an active electoral right and who, on voting day, will stay in the area where a military unit is stationed outside the territory of the Russian Federation may be allowed to vote in the electoral precinct of the military unit. Such citizens are admitted to the voting premises upon presentation of an identity paper certifying their Russian Federation citizenship.
The data concerning the numerical strength and location of military units shall constitute classified information This data shall not be included as a separate line in the data base of the state automated information system «Vybory.»
Collection of voter signatures in support of candidates, federal lists of candidates shall be carried out outside the territory of a military unit. At the same time, commanding officers of military units shall assist servicemen in the exercise of their right to put their signature in signature lists at their discretion.
5. Exercise of Servicemen's Right to Receive Information about Registered Candidates, Lists of Candidates
Under Articles 52 and 58 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» election campaigning shall not be carried out and election propaganda materials shall not be issued and disseminated by military units, military institutions and organizations, by servicemen while they are on duty and if they take advantage of their official position for the purpose. No election campaigning activities shall be carried out in the territory of military units, at military institutions and organizations. These restrictions are in accord with the requirements of Article 24 of the Federal Law «On Defense.»
At the same time, the commanding officer of a military unit shall ensure compliance with the provisions of Article 7 of the Federal Law «On the Status of Servicemen» which grants servicemen the right to receive information and also the right, when they are off duty, to participate in mass events, including election-related events, held outside the territory of a military unit.
Meetings of registered candidates, authorized representatives of electoral associations, electoral blocs, their agents with voters -servicemen outside the territory of a military unit shall be arranged by the commanding officer of the military unit together with the district election commission. In this case, it is mandatory that three days prior to each such meeting invitations to the meeting be sent to all candidates registered in the given single-mandate electoral district as well as to representatives of all electoral associations, electoral blocs which registered federal lists of candidates.
Electoral precincts formed in military units which are located in isolated localities far from population centers, in military units stationed outside the territory of the Russian Federation as well as military units whose voters vote in general electoral precincts shall be supplied with information materials about registered candidates, electoral associations and electoral blocs by district election commissions. These materials shall meet the requirements of Clause 3 Article 70 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» and shall not contain any elements of election propaganda. The election-related information materials received from election commissions shall be displayed in places accessible to servicemen.
As a result of the aforementioned arrangements and accessibility of electronic and print media servicemen shall be provided with a sufficient amount of information to enable them to make a conscious and independent choice on voting day.
6. Absentee Certificate
In accordance with Article 72 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» servicemen, other voters of a military unit, staff members of law enforcement bodies who, on voting day, are unable to come to the voting premises of the electoral precinct where they are included in voters lists (owing to a prolonged business trip, confinement to a guardhouse, hospitalization or temporary stay in other places) may obtain an absentee certificate from a territorial election commission (45 - 25 days prior to voting day) or the precinct election commission of the given electoral precinct (24 days - 1 day prior to voting day) in a procedure set forth in the aforementioned article of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation.»
The persons who received absentee certificates and remain within the electoral district where they have an active electoral right under Clauses 1 and 2 Article 4 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» may take part in the voting in the electoral precinct where these persons will stay on voting day and vote both on a candidate running in the single-mandate electoral district and on the federal lists of candidates, .
Outside their electoral district, the persons who received absentee certificates may take part in the voting in any electoral precinct where he/she will be on voting day but vote only on the lists of candidates of electoral associations, electoral blocs registered in the federal electoral district.
To get an absentee certificate a serviceman, staff member of a law enforcement body shall submit a written application to the territorial or precinct election commission stating the reasons why he/she needs an absentee certificate. An absentee certificate can also be issued to a representative of a serviceman, staff member of a law enforcement body on the basis of a notarized power of attorney or a power of attorney which is equivalent to a notarized power of attorney under Article 185 of the Civil Code of the Russian Federation.
7. Early Voting
Under Article 74 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» early voting may be allowed by district election commissions. Early voting may be organized not earlier than 15 days prior to voting day for voters of one of or several electoral precincts formed on naval ships which will be at sea on voting day, in military units located in remote and hard-to-reach localities. In this case, votes shall be counted and voting returns tabulated immediately after all voters included in the voters list have voted.
Separate groups of voters of a military unit may be allowed to vote early by a permission of the district election commission agreed with the election commission of a Subject of the Russian Federation, if such groups are going to be located far from voting premises on voting day due to the performance of the tasks of military service (on alert missions, on guard duty, etc.).
If it is necessary that all voters of an electoral precinct or a group of voters vote early, the commanding officer of a military unit together with the chairman of a precinct election commission shall submit a corresponding request to the district election commission explaining the reasons for need to organize early voting. If the request is granted, they shall make arrangement to inform voters, registered candidates about the place and time of early voting and ensure admission of candidates, authorized representatives of electoral associations, electoral blocs, their agents and observes to the premises for early voting.
Protocols of voting returns drawn up by the precinct election commission of a military unit shall be submitted to the district election commission. Safekeeping of voters lists, ballots, protocols and other documents of the precinct election commission in a military unit shall be organized in a procedure established by law.
8. Financing of Expenditures on the Preparation and Administration of the Election
The expenditures of precinct election commissions formed by commanding officers of military units shall be financed by the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Border Service of the Russian Federation from the funds allocated to them by the Central Election Commission of the Russian Federation for the administration of the elections to the State Duma of the Federal Assembly of the Russian Federation.
Election commissions, commanding officers of military units, heads of law enforcement bodies shall ensure compliance with the requirements of Article 62 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation, Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation,» which prohibits military units, military institutions and organizations, law enforcement bodies from making donations to the electoral funds of candidates, electoral associations, electoral blocs.
9. Concluding Provisions
Decisions and actions (inaction) of election commissions and their officials which violate the electoral rights of servicemen and staff members of law enforcement bodies may be appealed in a higher-level election commission.
Decisions and actions (inaction) of bodies of state power, bodies of local self-government, public associations and officials as well as decisions and actions (inaction) of election commissions and their officials violating the electoral rights of servicemen and staff members of law enforcement bodies may be appealed in a court or a military court.
The persons who violate the electoral rights of servicemen and staff members of law enforcement bodies shall bear criminal, administrative or other responsibility subject to federal laws.
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