For the purposes of this Federal Law, violation of Russian Federation laws on elections and referenda shall mean a failure of any legal entities to observe any requirements of the Federal Constitutional Law «On the Referendum 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,» federal laws on election to the federal bodies of state power, or laws of Subjects of the Russian Federation on elections and referenda, by way of committing unlawful actions or through their inaction.

Should laws of the Russian Federation on elections and referenda be violated by any electoral bloc, the political public associations which comprise (or did comprise, at the time the offence was committed) such electoral bloc shall be brought to administrative liability.

Article 2. Failure to Comply with a Decision of an Election Commission, Referendum Commission

A failure to comply with any decision of an election commission, referendum commission taken within the scope of its competence, -

shall be punishable by an administrative fine equivalent to one hundred to two hundred minimum wages.

Article 3. Violation of the Rules Established for Publication of Documents and Information

Violation by the editorial office of a print periodical of the rules for publication of any documents and information relating to the preparation and administration of elections and referenda, as established by the legislation of the Russian Federation, -

shall be punishable by an administrative fine equivalent to one hundred to two hundred minimum wages.

Article 4. Violation of the Conditions of Election and Referendum Campaigning Established by the Laws of the Russian Federation on Elections and Referenda

Violation by TV and/or radio broadcasters, mass media editorial offices of the conditions for access of candidates, registered candidates, electoral associations, electoral blocs, and referendum initiative groups to mass media, the procedure established for providing airtime and print space thereto, and any display of bias by TV and radio broadcasters in favor of any candidate, registered candidate, electoral association, or electoral bloc in their newscasts, including in terms of the time of their campaign covering, -

shall be punishable by an administrative fine equivalent to two hundred to five hundred minimum wages.

Article 5. Violation of the Conditions for Commercial Activity Advertising

Violation of the conditions established by laws of the Russian Federation on election and referenda for advertising any commercial activity of candidates, registered candidates, electoral associations, electoral blocs, and other persons and organizations whose commercial activity is subject to advertising requirements and restrictions established by the said laws, -

shall be punishable by an administrative fine equivalent to two hundred to five hundred minimum wages.

Article 6. Campaigning by Organizations Which Are Prohibited by Law from Participation in Campaigning

Election or referendum campaigning by organizations which are prohibited from participation in campaigning by federal laws, -

shall be punishable by an administrative fine equivalent to two hundred to five hundred minimum wages.

Article 7. Production or Distribution of Printed Propaganda Materials That Fail To Contain Information Prescribed by Law

Production or distribution of printed or audiovisual propaganda materials during preparation or in the course of any elections or referendum without a written consent of the respective registered candidate, electoral association, electoral bloc, public association, referendum initiative group, as well as printed or audiovisual propaganda materials that fail to indicate any the data prescribed by law, such as the number of copies printed and the publication date, the name and address of the organization or the full name and place of residence of the individual producing such printed or audiovisual propaganda materials, the name and address of the organization or the full name and place of residence of the individual that ordered production of these printed or audiovisual propaganda materials, as well as any printed or audiovisual propaganda materials where the said data are incorrect or incomplete, -

shall be punishable by an administrative fine equivalent to two hundred to three hundred minimum wages, while all unlawful propaganda materials shall be confiscated.

Article 8. Bribery of Voters, Referendum Participants, and Conduct of Charity Activities in Violation of Law

Bribery of voters, referendum participants committed by legal entities who directly or indirectly participate in election, referendum campaigning (such as giving, in the course of election campaign, any money, gifts, and other tangible assets to voters, referendum participants; remuneration of voters who carried out organizational activities depending on the voting results; sale of goods at reduced prices or distribution of any goods free of charge, less the goods allowed by law; provision of services free of charge or at reduced rates, as well as influencing voters, referendum participants by promising to give them money, securities, including promises subject to the voting results, and other tangible assets, or to provide any services other than pursuant to any decisions of the bodies of state power and local self-government taken pursuant to federal laws, laws of Subjects of the Russian Federation and other regulations) and engagement in charitable activities in violation of laws of the Russian Federation on elections and referenda, -

shall be punishable by an administrative fine equivalent to three hundred to five hundred minimum wages.

Article 9. Rendering of Financial or Other Kinds of Material Support Other Than Through Electoral Funds, Referendum Funds

Rendering of financial or other kinds of material support to the election campaign of any candidate, registered candidate, electoral association, electoral bloc, referendum initiative group other than through their electoral funds, referendum funds, or performance of any work, provision of any services, and sale of any goods by organizations at unduly reduced prices in connection with any election, referendum,-

shall be punishable by an administrative fine equivalent to two hundred to five hundred minimum wages with confiscation of the material support items.

Article 10. Printing of Unregistered Runs of Ballots or Concealment of Surplus Ballots

Printing of unregistered runs of election, referendum ballots or concealment of any surplus election, referendum ballots, -

shall be punishable by an administrative fine equivalent to three hundred to five hundred minimum wages.

Article 11. Failure to Provide an Opportunity to Present a Denial or Other Explanations in Defense of Honor, Dignity or Business Reputation

A failure to provide any registered candidate with an opportunity to make public (present) a denial or other explanations in defense of his/her honor, dignity, or business reputation before the election campaigning period ends, in case of presentation (publication) of any information which might damage the honor, dignity, or business reputation of such registered candidate in TV and/or radio programs on the channels of any TV and/or radio broadcasting organizations and in print periodicals, if provision of such opportunity is mandatory under the Russian Federation laws on elections and referenda,-

shall be punishable by an administrative fine equivalent to one hundred to two hundred minimum wages.

Article 12. Jurisdiction Over Cases of Administrative Offences Contemplated By This Federal Law

Cases of administrative offences contemplated by this Federal Law shall be reviewed by district courts (magistrates).

Article 13. Rules of Procedure With Regard to Cases of Administrative Offences Contemplated by This Federal Law

Rules of procedure with regard to cases of administrative offences contemplated by this Federal Law shall be as determined by this Federal Law, and, to the extent not governed hereby, by Section 4 of the RSFSR Code of Administrative Offences.

Article 14. Reasons And Grounds For Instituting a Case of Administrative Offence Contemplated by This Federal Law

1 Reasons for instituting a case of administrative offence contemplated by this Federal Law shall include:

a. factual commission of any administrative offence contemplated by this Federal Law, as directly discovered by any person authorized to draw up administrative offence statements;

b. any materials received from law enforcement authorities or from other state bodies, local self government bodies and public associations;

c. information and reports of administrative offences contemplated by this Federal Law, which are received from individuals or legal entities, as well as any reports in the mass media.

2 Materials, information, and reports listed in Section 1 of this Article, shall be reviewed by any persons authorized to draw up administrative offence statements, as well as by a procurator.

3 Availability of sufficient data indicative of administrative offence shall form the grounds for instituting a case of any administrative offence contemplated by this Federal Law. In case of refusal to institute an administrative offence case in the presence of any materials, information, and reports as referred to in Subsections 2 and 3, Section 1 of this Article, the person who considered the above materials, information, or reports shall issue a justified order of refusal to institute such administrative offence case. An order refusing to institute an administrative offence case may be appealed by the person providing the respective materials, information or reports, to a court of law or to higher authorities (higher official).

4 A case of any administrative offence contemplated by this Federal Law shall stand instituted once the administrative offence statement is drawn up or once any procurator issues a resolution so instituting an administrative offence case.

Article 15. Measures in Support of Proceedings With Regard to Cases of Administrative Offences Contemplated by This Federal Law

1 On identification of any administrative offences contemplated by Article 7-10 of this Federal Law, administrative detention of any representative of the legal entity, examination of things, or seizure of any things and documents shall be performed by the Interior Ministry officials.

2 Any measures in support of proceedings with regard to cases of administrative offences contemplated by this Federal Law applied to any legal entity may be appealed by the person concerned to a higher authority of the the Interior Ministry, to the procurator, or to a court of law.

Article 16. Statement of Administrative Offence Contemplated By This Federal Law

1 Commission of any administrative offence contemplated by this Federal Law shall be evidenced by a statement.

2 Members of election commission, and/or referendum commission with a full vote who are authorized by such electoral commissions and/or referendum commission, as well as the Interior Ministry officials may draw up statements of administrative offences contemplated by this Federal Law, and may perform any procedural actions contemplated by this Federal Law and the RSFSR Code of Administrative Offences.

3 Any statement of administrative offence shall include its date and place; position and full name of the person drawing up the statement; details of the legal entity against whom the administrative offence case is instituted; full names and addresses of witnesses, if any; place and time of committing the administrative offence and its essence; reference to any law establishing liability for such offences, indicating the particular article of such law; and any other information required to resolve the case. In case any representative of the legal entity against whom the administrative offence case is so instituted provides any explanation, such explanation shall be attached with the statement.

4 In drawing up a statement of administrative offence, any representative of the legal entity against whom such administrative offence case is instituted, and other participants of the proceedings of such case shall be advised of their rights and duties contemplated by this Federal Law and the RSFSR Code of Administrative Offences, and an entry to that effect shall be made in the statement.

5 Any representative of the legal entity against whom the administrative offence case is instituted should be given an opportunity to examine the administrative offence statement. Such person shall be entitled to provide any explanations and comments as regards the content of the statement, which shall be appended to the statement. In case the above person refuses to sign the administrative offence statement, an entry to that effect shall be made therein.

6 The administrative offence statement shall be signed by the person drawing it up, and if any coroner witnesses are present, also by such coroner witnesses.

7 Immediately after it is drawn up, a copy of the administrative offence statement shall be delivered to a representative of the legal entity against whom such administrative offence case is instituted against his/her receipt.

Article 17. Time For Drawing Up The Administrative Offence Statement

Administrative offence statement shall be drawn up immediately on discovering sufficient data indicating that administrative offence has been committed.

Article 18. Forwarding The Administrative Offence Statement For Consideration of The Administrative Offence Case

The administrative offence statement shall be forwarded to a court of law for consideration of the administrative offence case within one day of drawing up the administrative offence statement.

Article 19. Ruling On a Case of Administrative Offence Contemplated by This Federal Law

1 Any ruling on an administrative offence case shall include:

a. full name of the judge issuing such resolution;

b. date and place of reviewing the case;

c. details of the legal entity implicated in the case so reviewed;

d. any facts established during the case's review;

e. heading of any article of this Federal Law, which establishes liability for the administrative offence in question; and

f. time and procedure for appealing the resolution.

2 The ruling on an administrative offence case should be duly justified.

3 The ruling on an administrative offence case should address all issues with regard to any seized things and documents, as well as any confiscated items. Any documents used as evidence should remain with the case file throughout the file storage time, or shall be handed over to the persons concerned.

4 Any ruling on administrative offence case shall be signed be the judge issuing such ruling.

Article 20. Time Limits For Imposing Administrative Penalties For Committing Any Administrative Offence Contemplated by This Federal Law

An administrative penalty for committing any administrative offence contemplated by this Federal Law may be imposed within two months of the violation date, or, in case of a continued violation, within two months of the date it was first discovered.

Article 21. Procedure For Imposing a Fine On an Electoral Bloc

In case any violation is committed by an electoral bloc, the fine imposed thereon shall be collected from political public associations that comprise (or did comprise, at the time when the offence was committed) the electoral bloc as electoral associations, within the fine amount established by this Federal Law, and in equal portions.

Article 22. Procedure For Appealing and Protesting a Ruling on a Case of Administrative Offence Contemplated By This Federal Law

1 Within 10 days of the issue date of any ruling in a case an administrative offence contemplated by this Federal Law, the legal entity against whom such ruling is issued may appeal the above ruling in a higher court of law.

2 The procedure for protesting any ruling in a case of administrative offence contemplated by this Federal Law shall be determined pursuant to Chapter 22 of the RSFSR Code of Administrative Offences.

Article 23. Procedure For Enforcement of Ruling Imposing an Administrative Penalty Contemplated by This Federal Law

1 Any ruling that imposes an administrative penalty contemplated by this Federal Law shall come into force and shall be enforceable on expiry of a 10-day period from its issue date. In case a complaint is lodged or a protest is filed against the ruling so imposing the administrative penalty, such ruling shall come into force on the issue date of any decision on such complaint or a protest, unless overruled by such decision.

2 Any legal entity against whom a ruling imposing an administrative penalty contemplated by this Federal Law is so issued may execute the above ruling voluntarily within 15 days of its effective date. In case of failure to execute the ruling that imposed an administrative penalty contemplated by this Federal Law within the said time, the judge issuing the above ruling shall forward it to a court marshal-cum-executor in order to take any measures prescribed by the legislation on execution proceedings.

3 The general procedure for executing any ruling that impose administrative penalties contemplated by this Federal Law, shall apply, as regards any particular features of imposing administrative penalty on legal entities, in accordance with the procedure established by this Federal Law, Section 5 of the RSFSR Code of Administrative Offences, and the Federal Law «On Enforcement Proceedings».

Article 24. Term of This Federal Law

This Federal Law shall become invalid as of the effective date of the Code of Administrative Offences of the Russian Federation.

Article 25. Coming Into Effect of This Federal Law

This Federal Law shall come into effect as of the date of its official publication.

President of the Russian Federation
B. Yeltsin

Moscow, Kremlin
December 6, 1999
No. 210-FZ

ПУБЛИКАЦИИ ИРИС

THE MEDIA AND THE 1999 PARLIAMENTARY ELECTIONS IN RUSSIA

Автор: МФИС-ИРИС
Форма выпуска: Книга

Сборник статей. Издание подготовлено МФИС и ИРИС совместно с Национальным институтом прессы, в сотрудничестве с ЦИК РФ. На английском языке.

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