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Chapter II. The Purpose of Referenda in the Russian Federation
Article 12. Mandatory Referenda
Article 13. Referendum Issues
Article 14. Circumstances under Which a Referendum Shall not be Held
Article 15. Initiative to Hold a Referendum
Article 16. Announcement of a Referendum
Article 12. Mandatory Referenda
1. A referendum of the Russian Federation, a referendum of Subject of Russian Federation, a local referendum shall be announced and held as and when prescribed, respectively, by the Federal Constitutional Law «On the Referendum of the Russian Federation», this Federal Law, a law of the Subject of Russian Federation, a charter of the municipal unit. A decision to set a referendum shall be officially published in the mass media not later than 5 days after the date on which it was adopted.
2. Adoption by a body of state power or a body of local self-government of a resolution on the substance of the issue which may be submitted to a referendum under a federal constitutional law, a federal law, a law of a Subject of the Russian Federation, the charter of a municipal unit shall not prevent a possibility of a referendum being held on the given issue.
As amended 3/30/99.
Article 13. Referendum Issues
1. Issues to be submitted to a referendum of the Russian Federation and issues which are not to be submitted to a referendum of the Russian Federation shall be specified by a federal constitutional law.
2. Issues may be submitted to a referendum of a Subject of the Russian Federation if they are within the jurisdiction of the Subject of the Russian Federation. Issues may be submitted to a local referendum if they are within the jurisdiction of the local self-government. The issues which are to be submitted to a referendum may be specified by laws of Subjects of the Russian Federation, normative legal acts of the representative bodies of local self-government.
3. The following issues shall not be submitted to a referendum of a Subject of the Russian Federation:
a) premature termination, prolongation, suspension of powers of bodies of state power of the Subject of the Russian Federation, bodies of local self-government and the holding of early elections to bodies of state power of the Subject of the Russian Federation, bodies of local self-government or postponement of the said elections;
b) formation of bodies of state power of the Subject of the Russian Federation or bodies of local self-government, personal membership of bodies of state power of the Subject of the Russian Federation and bodies of local self-government;
c) election, confirmation, appointment or consent to the appointment to an office or removal from office of deputies and officials;
d) the adoption of and change in the relevant budget fulfillment of and change in internal financial commitments of the Russian Federation;
e) the adoption of extraordinary and urgent measures to ensure health and security of the population.
4. Issues shall not be submitted to a referendum of a Subject of the Russian Federation if they are within the jurisdiction of the Russian Federation. Neither shall issues be submitted to a referendum of a Subject of the Russian Federation if they are within joint jurisdiction of the Russian Federation and the Subject of the Russian Federation, save the cases when the issue is not regulated by the Constitution of the Russian Federation, the federal law. Issues shall not be submitted to a local referendum if they are not within the jurisdiction of the relevant municipal unit.
5. Issues submitted to a referendum in the Russian Federation shall not restrict or abolish the generally recognized human and civil rights and the constitutional guarantees for the realization thereof. The said issues shall be formulated so as to avoid any ambiguity in their interpretation.
6. An issue to be submitted to a referendum shall be formulated in such a manner that only an unambiguous answer may be given.
7. The issues submitted to a referendum of a Subject of the Russian Federation, a local referendum shall not conflict with Russian Federation law. Issues submitted to a local referendum shall not conflict with Russian Federation law and the law of the given Subject of the Russian Federation.
8. No restrictions shall be established for issues to be submitted to a referendum other than those set forth in this Article.
As amended 3/30/99.
Article 14. Circumstances under Which a Referendum Shall not be Held
1. A referendum shall not be held if a martial law or a state of emergency have been imposed in the territory of the Russian Federation or in the territory in which the referendum is to be held or within a part of this territory, or within three months after the martial law or the state of emergency have been lifted.
2. A law of a Subject of the Russian Federation, a charter of a municipal unit may establish a period during which another referendum of the Subject of the Russian Federation, another local referendum with essentially the same formulation of the issue shall not be held. The said period shall not exceed two years from the date on which the results of the referendum were officially published (made public).
3. No circumstances under which a referendum shall not be held shall be established other than those indicated in this Article.
Article 15. Initiative to Hold a Referendum
1. Citizens of the Russian Federation eligible to participate in a referendum may put forward an initiative to hold a referendum in the Russian Federation. Federal constitutional laws, federal laws, laws of Subjects of the Russian Federation may delegate the right to initiate a referendum to other subjects.
2. Each citizen or a group of citizens eligible to participate in a referendum as well as a public association, which is registered with the bodies of justice of the Russian Federation not later than 6 months prior to the date when the initiative to hold the referendum was submitted to the relevant body, the charter of which stipulates the participation in elections may form an initiative group for referendum, the number of members of which shall be set by this Federal Law, federal constitutional laws, federal laws, laws of Subjects of the Russian Federation, in order to collect signatures of citizens of the Russian Federation eligible to participate in the referendum in support of the initiative regarding the referendum.
3. Signatures in support of the initiative regarding the referendum shall be collected in the procedure and in the amount set forth by laws of Subjects of the Russian Federation, the charters of municipal units.
4. Laws of Subjects of the Russian Federation, the charters of the municipal units may provide that an initiative for holding a local referendum may be also realized in the form of a meeting of referendum participants.
Article 16. Announcement of a Referendum
1. A referendum of the Russian Federation shall be announced in compliance with the Constitution of the Russian Federation and the federal constitutional law.
2. A referendum of a Subject of the Russian Federation shall be announced by a body of state power of the Subject of the Russian Federation in compliance with this Federal law, the constitution, charter, law of the Subject of the Russian Federation.
3. A local referendum shall be announced by a body of local self-government in compliance with this Federal Law, the law of the Subject of the Russian Federation, the charter of the municipal unit.
4. A body of state power of a Subject of the Russian Federation or a body of local self-government authorized by the constitution, charter, law of the Subject of the Russian Federation, the charter of the municipal unit to take a decision concerning the setting of a referendum may refuse to hold a referendum only if the initiative to hold a referendum was exercised in violation of the Constitution of the Russian Federation, this Federal Law, the federal constitutional laws, other federal laws, the constitution, charter, laws of Subjects of the Russian Federation, the charter of a municipal unit.
5. A referendum shall be set only for a calendar day-off. A referendum shall not be set on an official holiday. A resolution to hold a referendum of the Russian Federation, a referendum of a Subject of the Russian Federation shall be officially published no less than 60 days prior to the day of voting, a resolution to hold a local referendum no less than 45 days prior to the day of voting.
6. Under the law of a Subject of the Russian Federation, the charter of a municipal unit no later than 25 days prior to the referendum day, the day of voting in the referendum of the Subject of the Russian Federation, in the local referendum, may be postponed until a later date (but by not more than 90 days) by the duly authorized body in order to hold the given referendum on the same day with another referendum or with elections to bodies of state power or bodies of local self-government.
7. A resolution to announce a referendum or to put off the referendum date in accordance with Clause 5 of this Article shall be published in mass media no later than 6 days after it was taken.
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