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Introduction
A. Scope of Work
This Pre-Election Technical Assessment (PETA) of the Russian Federation conducted by the International Foundation for Election Systems (IFES) was designed to evaluate preparations for the 19 December 1999 elections to the State Duma and to make recommendations for assistance. By analyzing the status of the electoral process, the report examines current issues requiring evaluation and attention. In a series of recommendations the PETA identifies the needs and proposes the methods to improve and safeguard the integrity of the process by addressing these needs.
In its assessment planning, IFES identified team members who possessed country experience and vocational knowledge in elections and political processes. This report was developed by an international delegation of four technical experts with considerable expertise in the field of election administration, election law and the Russian political process. Biographical information for the team members is included as Attachment A.
The assessment plan sought to obtain information from original sources through personal interviews and English translations of laws, documents, and political analyses. Over 30 meetings were held with representatives of the Central Election Commission of the Russian Federation (CEC), including the Chairman, election commissions of Subjects of the Russian Federation (SECs), members of the State Duma, leaders of political parties and non-governmental organizations (NGOs), members of former commissions, research institutions, and international organizations (see Attachment B). Documents analyzed included laws applicable to the election process, research papers, news accounts, and reports from other organizations.
In addition to interviewing leaders from Moscow, the team spoke with officials involved in the election process in Yekaterinburg and St. Petersburg. During their assessment missions, members of the team had the opportunity to observe the Gubernatorial election in the Yekaterinburg and Leningradsky Oblasts first-hand to gain a valuable insight into the application of current election laws and procedures.
Specific goals of the assessment included:
To evaluate the Russian administrative system, in particular the delivery of electoral services, such as voter identification and registration, training, ballot security, campaign finance, absentee certificates, voting abroad, the mass media, the role of domestic and international observers, campaign regulations and civic participation prior to the upcoming parliamentary election.
To provide an analysis of the technical aspects of election laws and possible impediments to free and fair elections.
To identify feasible areas for short-term technical assistance and provide a framework for public- and private-funded assistance projects.
To recommend longer-term improvements to the Russian election process and concrete actions which could be taken to strengthen democratic institutions as they prepare for parliamentary and presidential elections.
B. Country Background
1. A Decade of Elections
Since the breakup of the Soviet Union and the formation of the Russian Federation in 1991, Russian citizens have participated in several presidential and parliamentary elections and referenda. In addition, elections have been held throughout Russia, the world's largest country, in the 89 Subjects of the Russian Federation and at the local level to elect local dumas and councils. Nearly every Sunday finds voters somewhere in this vast country of about 150 million people (and 107 million voters) going to the polls to elect some official or decide an important referendum. The choices presented to voters during this past decade have been unprecedented and have given Russians the opportunity to determine their future by the ballot box. While a difficult economy has dominated the headlines for the past decade, the birth and development of participatory democracy has been one of the crowning achievements of the Russian people.
On 12 December 1993, Russian voters elected the first parliament since the breakup of the Soviet Union in 1991. In that election, voters elected members of the State Duma and of the Federation Council, the upper body of the parliament. Subsequent to that election, in 1995, the Duma made a significant change by eliminating the direct election of the Federation Council and bringing the State Duma law more in compliance with the law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation.»
The last Russian parliamentary election was conducted in December 1995. At that time, 64.73 % of the voters participated in an election which saw the Communist Party of Russia (CPRF) receiving 22.3 % of the nationwide vote and securing 99 seats in the proportional part of Duma plus 58 seats in single-mandate constituencies for a total of 157 seats. Other parties achieving Duma representation at that time included:
Our Home Russia - 55 seats
LDPR - 51 seats (Liberal Democratic Party of Russia)
Yabloko - 45 seats
Agrarian Party - 20 seats
The next round of parliamentary elections for the State Duma has been officially set by President Boris Yeltsin for Sunday, 19 December 1999. On that day, Russian voters will elect 450 members of the State Duma of the Federal Assembly, the lower house of the Russian federal legislative body. 225 members will be elected in single-mandate districts in a pluralistic, or first-past-the-post system (whoever gets the most votes wins). The other 225 members will be elected proportionally from political party (called election association) lists from those parties which achieve at least 5% of the nation-wide vote. The 5% threshold applies only if the parties that overcame the 5% requirement represent over 50% of voters who participated in the election. If not, parties with less than 5% support will be added until the 50% threshold is met, as per Constitutional Court decision. 139 electoral associations are formally qualified to nominate candidates for the December election. Background information on the major parties and political personalities can be found in an August 1999 Harvard publication found in Attachment C.
Members of the State Duma are elected for a four-year term (unless the Duma is dissolved earlier by the President or by other official act). Members must be citizens of the Russian Federation and at least 21 years old; they do not have to live in their districts to be elected. To propose candidates for the Duma election, electoral associations (political parties) must be have been officially registered with the Minister of Justice at least one year prior to the election date. Articles 33 and 36 of the Duma Law also provides for the formation and registration of electoral blocs, which has all the rights of an electoral association during the election campaign. A decision to join an electoral bloc must be taken at a congress (conference) of each electoral association ready to join this alliance. Independent candidates may also run for the Duma. The Duma Law provides for certain requirements such as signature collection or electoral deposit, and financial disclosure information before candidates are officially accepted by the CEC. President Yeltsin signed the Federal Law regulating the Duma elections into law on June 24, 1999 (see below for further description).
2. The Government
The President of the Russian Federation is the government's chief executive and head of state. The 1993 Constitution gave the President significant power and, at the same time, diminished the authority of the parliament. Boris Yeltsin was re-elected on 3 July 1996 to serve a four-year term. Presidential elections require an absolute majority so run-off elections are common. The next presidential election is planned for 4 June 1999.
The President, with the approval of the lower house of parliament, appoints a Prime Minister to serve as head of government. The Prime Minister is the top-ranking official of the Council of Ministers (cabinet). The council carries out the operations of the government.
Russia's parliament, which is called the Federal Assembly, consists of a 450-member lower house known as the State Duma and a 178-member upper house called the Federation Council. The State Duma initiates the country's laws. The Duma's proposed legislation must be approved by the Federation Council and by the President before becoming law. However, the State Duma can override a veto by the Federation Council and send legislation directly to the President. The Federation Council approves government appointments and such presidential actions as the declaration of martial law and the use of armed forces outside of Russia.
Members of the State Duma are elected by the people for a four-year term. Members of the Federation Council are local government officials, including regional governors and leaders of local legislatures. They are not elected directly to the council but gain membership when they attain local office. All Russian citizens 18 years of age and older may vote in the country's elections.
Russia contains 89 regional units called Subjects of the Russian Federation. They include 49 administrative units called oblasts (regions), 6 large, sparsely settled krais (territories), and about 30 other territories, each of which has a dominant nationality group. These territories are known as autonomous republics and autonomous areas. There is also one autonomous region. All of these divisions may contain smaller units called raions (districts). Elected bodies of local self-government manage local affairs in both urban and rural areas. The Basic Guarantees Law provides for the election of governors in each of the subjects, who form the executive branch of government.
C. IFES Assistance
During the past decade, IFES has played a significant role in the promotion, development, and conduct of free and fair elections in the Russian Federation. Starting with an election official exchange program during the last days of the Soviet Union in 1991, IFES has sought to provide professional technical advice and direct assistance to those involved in the development of electoral laws and in the conduct of elections. In 1993, IFES conducted a PETA, which resulted in the opening of a permanent office in Moscow and the provision of significant technical assistance to the CEC for the election, which saw the election of the first parliament and the enactment of a permanent constitution.
Since that time, IFES has worked in the Russian Federation at many levels and in all major elections to provide specialized non-partisan technical assistance. It has helped to improve the professionalism of those directly responsible for the conduct of the election, particularly the members of the CEC. Serving as a resource center, training lawyers, advisors, and providing technical analysis of election laws, regulations and proposals, IFES has clearly advanced democratization and professionalism in Russia.
The comparative election law review and development of sample procedure manuals and other regulatory documents provided by IFES has raised the level of electoral development throughout the Russian Federation to a higher standard. IFES has been recognized by the CEC and other sub-level election commissions, government officials, members and staff of the State Duma, locally elected political leaders, political parties, NGOs, and international organizations involved the electoral process for the significant technical advice and support it has delivered in the Russian Federation during this historical decade of democracy.
In recent years, IFES has worked to develop an NGO «think tank» on elections in Russia; served as a one-stop resource center for important electoral information for domestic and international entities; provided hands-on technical assistance through targeted commentary, material development, and on-site consultations; held roundtables and conferences for practitioners and policy makers on important elements of the electoral process, including the role of the media, campaign finance and election reform; disseminated important election material throughout the Russian Federation through an effective outreach program with Subject Election Commissions (election commissions of the Subjects of the Russian Federation or SECs) and other regional authorities.
Currently in Moscow, IFES has developed a professional local staff and recently moved into a modern and accessible office, which helps facilitate its work. International professional technical experts in election law, in election administration, and in the media have been secured to provide continuing assistance through the 19 December 1999 election and beyond.
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