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Chapter VII. Status of Candidates
Article 48. Equality of Candidates
Article 49. Restrictions Connected with Office or Official Position
Article 50. Guarantees for the Activity of Registered Candidates
Article 51. Agents of Candidates, Political Parties, Electoral Blocs
Article 52. Withdrawal of Candidates, Recalling of Federal Lists of Candidates
Article 48. Equality of Candidates
1. All candidates shall have equal rights and bear equal obligations, save as otherwise provided by 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,» other federal laws.
2. Only authorized representatives for financial matters and agents of candidates nominated in single-seat electoral districts may act on behalf of such candidates or, if a candidate is nominated on a federal list of candidates - only authorized representatives and agents of the political party or electoral bloc which nominated this list.
Article 49. Restrictions Connected with Office or Official Position
1. When conducting their election campaign candidates who occupy state or municipal offices or are in state or municipal service as well as candidates who are officials, journalists, persons holding other creative jobs in mass media organizations shall not take advantage of their office or official position.
2. Registered candidates occupying state offices of category «A» in the bodies of executive power, including top executives of Russian Federation subjects (heads of the highest executive bodies of state power of Russian Federation subjects), or offices in the bodies of judicial power, or elective municipal offices (with the exception of deputies of representative bodies of local self-government) as well as registered candidates who are in state and municipal service or work in mass media organizations (with the exception of the editorial offices of print media founded by candidates, political parties) shall, for the period of their participation in the election, be relieved from their official duties and shall submit certified copies of relevant orders to the election commission which registered them, within three days of the day of registration.
3. During an election campaign persons who are not candidates and occupy state or municipal offices or are in state or municipal service shall not take advantage of their offices or official position to promote nomination and/or election of a candidate, federal list of candidates.
4. In this Federal Law taking advantage of an office or official position means:
(1) involvement of persons who are subordinate to or dependent on a candidate in the line of duty, other state and municipal employees in activities carried out during the working hours to promote nomination and/or election of a candidate;
(2) use of premises occupied by state bodies or bodies of local self-government for activities promoting nomination and/or election of a candidate (candidates) if the use of the same premises is not guaranteed to other candidates on the same terms and conditions;
(3) use of telephone, fax and other means of communication, information services, office equipment of state bodies or bodies of local self-government, state and municipal institutions for election campaigning;
(4) use of state- or municipality-owned transport facilities at no charge or reduced charges for activities promoting nomination and/or election of a candidate (candidates). This provision shall not apply to persons using the said transport facilities in accordance with the Russian Federation laws on the security services provided by the state;
(5) collection of signatures or election campaigning carried out by persons who hold state and municipal offices or are in state or municipal service during business trips paid for from the state or municipal funds;
(6) privileged access (compared to other candidates) to the state and municipal mass media for collection of signatures or election campaigning;
(7) propaganda speeches at mass events organized during an election campaign by a state and/or municipal body, organization, with the exception of a speech at an event indicated in Clause 5, Article 62 of this Federal Law.;
(8) publication of any work progress reports during an election campaign, mailing of congratulations and other materials on behalf of a citizen who is a candidate if such mailing is not paid for out of a relevant electoral fund.
5. Compliance with the restrictions listed in Clause 4 of this article must not prevent deputies from exercising their powers and performing their obligations to voters.
6. Officials, journalists and other persons holding creative jobs in mass media organizations (with the exception of the editorial offices of print media founded by candidates, political parties) shall not participate in highlighting an election campaign in the mass media if these persons are candidates, or authorized representatives, or agents of candidates, political parties, electoral blocs.
Article 50. Guarantees for the Activity of Registered Candidates
1. At a candidate's request or report the employer, head of a state body or its division, commanding officer of a military unit, administration of an educational establishment where the candidate serves, does an alternative military service, undergoes military training, studies shall relieve the candidate from work, service, training and study on any day and for any time in the period from the day of the candidate's registration by a relevant election commission to the day of the official publication of the general election results.
2. A candidate registered in a single-seat electoral district who, as shown by vote returns, received not less than three percent of the total vote in a single-seat electoral district or was declared elected, a registered candidate who withdrew his candidature before voting day because of compelling circumstances shall be compensated for travel expenses in the amount of the fare charged on the urban and suburban public transport (not more than thirty trips) and interurban public transport within the territory of the given district (not more than four trips). If such candidate resides outside the boundaries of the single-seat district in which he was registered, he shall be additionally compensated for travel expenses in the amount of the cost of tickets for four round trips to the electoral district by public railway, water or motor transport or two round trips by air transport. In cities where there are several electoral districts a candidate registered in one of such electoral districts shall be compensated for travel expenses in the amount of the fare charged on the urban transport. Compensation for travel expenses shall be paid by a relevant district election commission out of the funds allocated from the federal budget for the preparation and conduct of the election.
3. A candidate included in the federal part of a registered federal list of candidates who, as shown by vote returns, received not less than two percent of the total vote in the federal electoral district, or was recalled by a political party, an electoral bloc because of compelling circumstances, or withdrew his candidature before voting day because of compelling circumstances, shall be compensated for travel expenses in the amount of the cost of tickets for two trips within the territory of the Russian Federation by any means of public interurban transport. A registered candidate included in the regional group of candidates of such federal list of candidates shall be compensated for travel expenses in the amount of the cost of the fare charged on urban and suburban transport (not more than thirty trips) and on public interurban transport (not more than four trips) within the region where the candidate is included in the regional group of candidates. If such registered candidate resides outside the boundaries of the region where he is included in the regional group of candidates, he shall be additionally compensated for travel expenses in the amount of the cost of tickets for four round trips to the region by public railway, water or motor transport or two round trips by air transport. Compensation for travel expenses shall be paid by the Central Election Commission of the Russian Federation out of the funds allocated from the federal budget for the preparation and conduct of the election.
4. Registered candidates indicated in Clauses 2 and 3 of this article shall be compensated for travel expenses incurred from the day of their registration to the day of the official publication of the election results. No compensation shall be paid for taxi trips and the use of chartered transport. Travel expenses incurred in the use of suburban and interurban transport shall be reimbursed upon production of tickets bought for the trips (from the point of departure to the point of destination), expenses incurred in the use of urban transport - upon production of a pass for a relevant period.
5. Payment of compensation for travel expenses shall be made after the official publication of the general election results and before a registered candidate, a political party and an electoral bloc which registered a federal list of candidates submit a final financial report to a relevant election commission within the period established by this Federal Law. No compensation for travel expenses shall be paid after a registered candidate, a political party and an electoral bloc which registered a federal list of candidates submit a final financial report to a relevant election commission within the period established by this Federal Law.
6. During the period indicated in Clause 1 of this article a registered candidate shall not be dismissed from his job, expelled from an educational establishment, transferred to another job, including jobs in other localities without his consent, sent on business trips by the administration (employer), called up for military service or military training or ordered to do an alternative military service. The time of participation of a registered candidate in the election shall be included in his overall service record in accordance with his specialty before the registration.
7. During the period indicated in Clause 1 of this article a registered candidate shall not be subjected to criminal prosecution, arrested and no administrative punishments shall be imposed on a candidate by a court without the consent of the Prosecutor-General of the Russian Federation. Having given such a consent, the Prosecutor-General of the Russian Federation shall serve a notice to this effect on the election commission which had registered the candidate.
8. A candidate registered in a single-seat electoral district, an authorized representative of a political party and an electoral bloc which registered a federal list of candidates may receive from a relevant district election commission a list of electoral precincts indicating the boundaries of the electoral precincts, addresses and telephone numbers of territorial and precinct election commissions, addresses of polling stations.
Article 51. Agents of Candidates, Political Parties, Electoral Blocs
1. A candidate registered in a single-seat electoral district may appoint up to 20 agents, a political party and an electoral bloc which registered a federal list of candidates up to 500 agents. These persons shall be registered by a district election commission or the Central Election Commission of the Russian Federation, respectively. Agents shall be registered within three days of receipt of a written notification from a candidate or a political party, an electoral bloc about the appointment of agents and a statement of the citizen expressing his consent to be an agent. The notification must indicate the surname, first name and patronymic of each proposed agent, his date of birth, main place of work or service (occupation, if there is no main place of work or service), position, place of residence, series and number of the passport or an equivalent identity document, date of its issuance.
2. Persons occupying state offices of category «A» or elective municipal offices, members of the staff of election commissions shall not be agents of candidates, political parties, electoral blocs. Persons in state or municipal service may be appointed agents if they are relieved from their official duties while they exercise the powers of an agent. A person in state or municipal service shall be registered as an agent if he submits a relevant order (directive) to an election commission.
3. Agents shall receive ID cards from an election commission. At the request of agents the administration (employer) shall grant them an unpaid leave of absence for the period during which they are to exercise the powers of an agent.
4. Agents shall participate in the election campaign of a candidate, political party, electoral bloc, including propaganda activities. An agent shall also exercise the powers of an observer.
5. Candidates, political parties and electoral blocs who/which appointed agents may, at any time, recall them and appoint other agents in their place by serving a notice to this effect on an election commission, which shall annul ID cards issued to the recalled agents. Agents may, at any time, resign their powers on their own initiative by returning their ID cards to a relevant election commission and notifying a candidate, political party, electoral bloc of their decision
6. The powers of agents shall commence from the day when agents are registered by a relevant election commission and cease when a candidate's status is lost by the candidate who appointed them or by all candidates nominated on a federal list of candidates by a political party, an electoral bloc which appointed the agents, save as otherwise provided by Clause 5 of this article, but not later than the day of the official publication of the general election results, or, if a complaint about violations of this Federal Law is being examined by a court, not later than the date when the court hands down a final decision.
Article 52. Withdrawal of Candidates, Recalling of Federal Lists of Candidates
1. A candidate nominated in a single-seat electoral district may, at any time but not later than three days or, in the presence of compelling circumstances, not later than one day before voting day, withdraw his candidature by submitting a written application to a relevant district election commission. Such application shall be irrevocable. In the case of a registered candidate, a district election commission shall annul registration of the candidate within 24 hours of receipt of his application.
2. A candidate on a federal list of candidates may, at any time but not later than five days before voting day or, in the presence of compelling circumstances, not later than one day before voting day, refuse to continue participation in the election on the given federal list of candidates by submitting a written application to the Central Election Commission of the Russian Federation. Such application shall be irrevocable. Based on the received application the Central Election Commission of the Russian Federation shall, within 24 hours, remove the applicant from the given federal list of candidates.
3. The actions indicated in Clauses 1 and 2 of this article shall not deprive the person who took them of a right to be nominated again at the same election in any single-seat electoral district, in accordance with the procedure and within the period established by this Federal Law.
4. At any time but not later than five days before voting day, a political party and an electoral bloc which nominated a federal list of candidates may recall their federal list of candidates, subject to a decision of the duly authorized body of this political party, electoral bloc, by submitting a written application to the Central Election Commission of the Russian Federation. Such application shall be irrevocable.
5. A political party, other all-Russia public associations comprised in an electoral bloc may, at any time but not later than five days before voting day, refuse to continue participation in the election within the given electoral bloc, subject to a decision of the duly authorized body of this political party, other all-Russia pubic associations, by submitting a written application to the Central Election Commission of the Russian Federation. A political party, other all-Russia public associations which refused to continue participation in the election within an electoral bloc may join another electoral bloc and a political party may also participate in the election independently in accordance with the procedure and time periods established by this Federal Law. If, after the Central Election Commission of the Russian Federation certified a copy of the list (lists) of candidates nominated by an electoral bloc, the political parties, other all-Russia public associations comprised in the given electoral bloc, with the exception of one political party, refuse to participate in the election, this political party shall have the right to continue to participate in the election as an electoral bloc using the name and emblem of the electoral bloc and assuming the rights and obligations of the electoral bloc which submitted a relevant list of candidates. This right shall not apply if registration of a federal list of candidates was refused or its registration was annulled in accordance with Sub-clause 10 , Clause 8, Article 47 and Clause 4, Article 95 of this Federal Law. If, as a result of the refusal to participate in the election within an electoral bloc no political parties remain in the electoral bloc, the Central Election Commission of the Russian Federation shall revoke the decision to register the electoral bloc and certify the list (lists) of candidates nominated by this electoral bloc or shall annul registration of the federal list of candidates nominated by this electoral bloc.
6. Refusal of an electoral bloc to participate in the election shall not deprive the political parties, other all-Russia public associations comprised in this electoral bloc of the right to participate in this election. In this case once against it shall be necessary to nominate candidates and perform other electoral actions in accordance with the procedure and within the periods established by this Federal Law.
7. A political party on the basis of its Rules, an electoral bloc subject to a decision of representatives duly authorized by political parties, other all-Russia public associations comprised in the bloc may, at any time but not later than five days before voting day, remove some candidates from a federal list of candidates certified (registered) by the Central Election Commission of the Russian Federation.
8. A political party on the basis of its Rules, an electoral bloc subject to a decision of representatives duly authorized by political parties, other all-Russia public associations comprised in the electoral bloc may, at any time but not later than five days before voting day, recall a candidate, nominated by them in a single-seat electoral district by submitting a written application to this effect to a relevant district election commission. If the recalled candidate is a registered candidate, the district election commission shall annul registration of the candidate.
9. An election commission which took a decision to annul registration of a candidate shall forthwith serve a notice to this effect on the person in respect of whom the decision was taken and shall issue a copy of the decision to this person.
10. No new persons shall be put on the list of persons and no changes shall be made in the order in which candidates are arranged on the list, save the cases where changes in the arrangement of candidates result from the withdrawal of some candidates and also the case provided by Clause 9, Article 39 of this Federal Law.
11. If, by voting day, no registered candidates or only one registered candidate remains in an electoral district or if less than three federal lists of candidates remain in the federal electoral district, then, by the decision of, respectively, a relevant district election commission, the Central Election Commission of the Russian Federation the election shall be postponed for a period not exceeding two months in a single-seat electoral district and not exceeding three months in the federal electoral district for additional nomination of candidates, lists of candidates and performance of subsequent electoral actions.
12. If the circumstances indicated in Clause 11 of this article result from the fact that a registered candidate withdrew his candidature in the absence of any compelling circumstances, or a political party, an electoral bloc recalled a registered candidate in the absence of any compelling circumstances, or the registration of a candidate was annulled by a court, or a political party, an electoral bloc recalled a registered federal list of candidates in the absence of any compelling circumstances, or the registration of a federal list of candidates was annulled by a court, all expenses incurred by a relevant election commission in the preparation and conduct of the election shall be collected from this registered candidate, this political party, electoral bloc. If the obligation to reimburse these expenses is imposed on an electoral bloc, the required funds shall be equally divided between the political parties comprised in the given bloc as of the date on which a relevant decision was taken by the electoral bloc or as of the date of the decision of the Central Election Commission of the Russian Federation to annul registration of a federal list of candidates, unless another method of division is envisaged in the agreement for the establishment of this bloc submitted to the Central Election Commission of the Russian Federation.
13. In this Federal Law circumstances compelling a candidate to withdraw his candidature or a political party, an electoral bloc to recall a candidate mean the pronouncement of a candidate to be legally incapable or partially incapable by a court, a serious illness or persistent health problems of a candidate or his next of kin. The circumstances compelling a political party, an electoral bloc to recall a federal list of candidates mean withdrawal of the first three candidates who top the federal part of a federal list of candidates due to compelling circumstances or death or presumptive death of these candidates and/or withdrawal of more than 25 percent of candidates from a federal list of candidates.
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