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Chapter XII. Actions In Response to Violations of Electoral Rights of Citizens and the Responsibility for Violation of Russian Federation Laws on the Election of Deputies of the State Duma
Article 94. Appealing Against Decisions and Actions (Omissions) Which Violate Electoral Rights of Citizens
Article 95. Grounds for Annulment, Cancellation of Registration of Candidates, Federal Lists of Candidates
Article 96. Annulment of the Decision of an Election Commissions on Vote Returns, Election Results
Article 97. Responsibility for the Violation of Russian Federation Laws on the Election of Deputies of the State Duma
Article 94. Appealing Against Decisions and Actions (Omissions) Which Violate Electoral Rights of Citizens
Appeals against decisions and actions (omissions) which violate the electoral rights of citizens shall be submitted in the procedure and within periods established by the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum. «
Article 95. Grounds for Annulment, Cancellation of Registration of Candidates, Federal Lists of Candidates
1. The decision of a district election commission to register a candidate shall be annulled by the Central Election Commission of the Russian Federation if the requirement of Clause 5, Article 47 of this Federal Law is not complied with. In this case all decisions to register a candidate shall be annulled with the exception of the first one.
2. Registration of a candidate, federal list of candidates shall be annulled by a decision of the election commission which registered the candidate, federal list of candidates on the basis of a statement of the candidate that he withdraws his candidature, the decision of a political party, an electoral bloc to recall the candidate, federal list of candidates, to be submitted to this election commission in accordance with Article 52 of this Federal Law.
3. Registration of a candidate shall be annulled by the commission which registered the candidate if the candidates loses a passive electoral right.
4. Registration of a federal list of candidates shall be annulled if the number of candidates, who were removed from the federal list of candidates on the basis of their statements about withdrawal of their candidatures, by the decision of a political party, an electoral bloc to remove candidates from the federal list of candidates (save the cases where candidates were removed owing to compelling circumstances) and by the decision of an election commission to remove candidates from the federal list of candidates on the grounds indicated in Clause 8, Article 47 of this Federal Law, exceeds 25 percent of the number of candidates in a certified list of candidates.
5. Registration of a federal list of candidates shall be annulled if after removal of candidates from this federal list of candidates results in the fact that less than seven regional groups of candidates remain on the list.
6. Registration of a candidate, federal list of candidates may be cancelled by a court on the basis of an application of the election commission which registered the candidate, federal list of candidates, on the basis of an application of a candidate registered in the same electoral district, application of a political party or an electoral bloc which registered a federal list of candidates, not later than five days before voting day in the following cases:
(1) new circumstances have come to light, which constitute a ground for refusal of registration in accordance with Clause 8, Article 47 of this Federal Law;
(2) a candidate, a leader of a political party, an electoral bloc have repeatedly taken advantage of their office or official position;
(3) it has been established that voters were bribed, i.e., that acts prohibited by Clause 2, Article 64 of this Federal Law were committed by a candidate, a political party or an electoral bloc which registered a federal list of candidates, their authorized representative or agent or by some other person at their request or on their instructions;
(4) in order to achieve a definite result at the election a candidate nominated in a single-seal electoral district, his authorized representative for financial matters have used financial resources other than those of the candidate's electoral fund in an amount exceeding by more than 5 percent the maximum limit of all expenditures from a candidate's electoral fund established by this Federal Law;
(5) in order to achieve a definite result at the election a political party, an electoral bloc which registered a federal list of candidates, their authorized representative have used financial resources other than those of their electoral fund in an amount exceeding by more than 5 percent the maximum limit of all expenditures from the electoral fund of a political party, an electoral bloc established by this Federal Law;
(6) the expenditures made by a candidate nominated in a single-seal electoral district, his authorized representative for financial matters from the candidate's electoral fund have exceeded by more than 5 percent the maximum limit of all expenditures from a candidate's electoral fund established by this Federal Law;
(7) the expenditures made by a political party, an electoral bloc which registered a federal list of candidates, their authorized representative from their electoral fund have exceeded by more than 5 percent the maximum limit of all expenditures from the electoral fund of a political party, an electoral bloc established by this Federal Law;
(8) a candidate, a political party, an electoral bloc have failed to comply with the requirements of Clause 1, Article 64 of this Federal Law;
(9) it has been established that a candidate concealed the information about his conviction or foreign citizenship (if such fact has been established in respect of a candidate on a federal list of candidates it may constitute a reason only for removal of this candidate from the federal list of candidates);
(10) in order to achieve a definite result at the election a candidate simultaneously nominated in several electoral districts at different elections, his authorized representative for financial matters have used financial resources other than those of his electoral fund formed in accordance with Clause 1, Article 66 of this Federal Law, in an amount exceeding by more than 5 percent the maximum limit of all expenditures from a candidate's electoral fund established by Clause 11, Article 66 of this Federal Law;
(11) the expenditures made by a candidate simultaneously nominated in several electoral districts at different elections, by his authorized representative for financial matters from all electoral funds of the candidate have exceeded by more than 5 percent the maximum limit of all expenditures from all electoral funds of a candidate established by Clause 11, Article 66 of this Federal Law.
7. An application for canceling registration of a candidate, federal list of candidates may be filed with a court not later than eight days before voting day.
Article 96. Annulment of the Decision of an Election Commissions on Vote Returns, Election Results
1. In the event of any violations of this Federal Law, the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» the higher election commission, before it determines the vote returns and establishes election results, may annul the decision of a lower election commission on the vote returns, election results and order a vote recount or, if the violations do not make it possible reliably to determine the results of the expression of the voters' will, declare the vote returns, election resultsnull and void. If vote returns are declared null and void, the data of the corresponding protocols of vote returns shall not be included n the protocols of vote returns, election results of the higher election commissions.
2. A court may annul the decision of an election commission on the results of the election of deputies of the State Duma after establishment of these results, on the basis of the following facts as established by the court:
(1) the sums expended by a candidate declared elected, a political party, an electoral bloc, whose federal lists of candidates were included in the distribution of deputy seats, on their election campaign from sources other than their electoral funds exceeded, respectively, 10 percent of the maximum limit of all expenditures from an electoral fund of a candidate or 10 percent of the maximum limit of all expenditures from an electoral fund of a political party, an electoral bloc established by this Federal Law;
(2) a candidate declared elected, a political party, an electoral bloc, whose federal lists of candidates were included in the distribution of deputy seats, bribed voters and this infraction does not make it possible to establish the real will of the voters;
(3) in the course of election campaigning a candidate declared elected, a political party, an electoral bloc, whose federal lists of candidates were included in the distribution of deputy seats, failed to comply with the requirements of Clause 1, Article 64 of this Federal Law and this infraction does not make it possible to establish the real will of the voters;
(4) a candidate declared elected, a leader of a political party, an electoral bloc, whose federal lists of candidates were included in the distribution of deputy seats, took advantage of their office or official position and this infraction does not make it possible to establish the real will of the voters.
3. A court of an appropriate level may also annul the decision of an election commission on the vote returns and election results in an electoral precinct, territory, single-seat electoral district, in the whole of the Russian Federation if infractions were committed in respect of the rules for the preparation of voters lists, procedures for the formation of election commissions, voting and vote counting procedures (including interference with their monitoring), establishment of election results, if a candidate, federal list of candidates were unlawfully refused registration and this fact was admitted after voting day, and in the event of other violations of electoral laws if such infractions and violations do not make it possible to establish the real will of the voters.
4. The decision of an election commission on vote returns, election results shall not be annulled because of violations of this Federal Law which were conducive to the election of, or which aimed to encourage or encouraged voters to vote for, candidates who have not been elected according to the vote returns, federal lists of candidates which have not been included in the distribution of deputy seats.
5. Annulment of the decision on election results by an election commission in the cases where infractions committed during the conduct of voting or determination of vote returns do not allow the expression of the voters' will to be established reliably or by a court in the cases where the infractions do not make it possible to established the real will of the voters shall make the election results in this electoral district null and void.
6. Infraction indicated in Clause 2 of this article, if committed by separate political parties, electoral blocs, may result in the annulment of the decision to include these political parties, electoral blocs in the distribution and redistribution of deputy seats.
7. If vote returns in some electoral precinct are declared null and void and this results in the reversal of the decision to declare a candidate elected or in the redistribution of deputy seats, all higher election commissions shall prepare new protocols and summary tables. In the other cases alterations shall be made in the previously prepared protocols and summary tables.
Article 97. Responsibility for the Violation of Russian Federation Laws on the Election of Deputies of the State Duma
Criminal, administrative or other responsibility shall be established for the violation of Russian Federation laws on the election of deputies of the State Duma, in accordance with the federal laws.
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