«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»
Chapter VIII. Information of Voters and Election Campaigning
Article 53. Informational Support of the Election
Article 54. Information of Voters
Article 55. Opinion Polls
Article 56. TV and Radio Broadcasting Organizations and Print Media Used for Informational Support of the Election of Deputies of the State Duma
Article 57. Election Campaigning
Article 58. Campaigning Period
Article 59. General Terms and Conditions for the Access of Registered Candidates, Political Parties, Electoral Blocs to the Mass Media
Article 60. Election Campaigning on Television and Radio
Article 61. Election Campaigning Through Print Media
Article 62. Election Campaigning by Means of Mass Events
Article 63. Production and Distribution of Printed, Audio-Visual and Other Election Propaganda Materials
Article 64. Inadmissibility of Misuse of the Right to Election Campaigning
Article 53. Informational Support of the Election
The informational support of the election shall include information of voters and election campaigning conducive to conscious expression of voters' will and to openness of the election.
Article 54. Information of Voters
1. Information of voters shall be carried out by bodies of state power, bodies of local self-government, election commissions, mass media organizations, legal entities and natural persons in accordance with this Federal Law, Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.» Bodies of state power, bodies of local self-government shall not inform voters about candidates, about political parties and electoral blocs which nominated lists of candidates.
2. Informational materials carried by the mass media or disseminated by other methods shall be objective and accurate and shall not violate the equality of candidates, political parties, electoral blocs.
3. Information of voters, in particular through the mass media, about the preparation and conduct of the election, the periods and procedures for the performance of electoral actions, about political parties and electoral blocs, about candidates, lists of candidates, about electoral laws of the Russian Federation shall be carried out by election commissions.
4. Mass media organizations shall be free in their activity aimed at information of voters.
5. In TV and radio news programs and in the publications carried by the print media reports concerning election events shall be always presented in the form of separate news items, without any comments. Such news items shall not be paid for by candidates, political parties, electoral blocs and shall not give preference to any candidate, any political party, electoral bloc, in particular with regard to the time devoted to highlighting their election activities, the amount of space allocated in the print media for such reports.
6. Journalists, other creative workers and officials of a mass media organization who are engaged in the activity aimed at the informational support of the election of deputies of the State Duma in accordance with the electoral laws of the Russian Federation shall not be fired by the administration (employer) and shall not be transferred to other jobs without their consent during the election campaign at the election of deputies of the State Duma and during one year thereafter, save the case where a disciplinary action was taken against them in accordance with the labor laws of the Russian Federation and this action was not appealed in a court or was declared lawful and appropriate by a court.
7. On voting day, before the end of voting in an electoral district, no information shall be published (made public) about the results of the election and no such information shall be placed in the public information-telecommunications networks (including the Internet).
Article 55. Opinion Polls
1. Publication of the results of opinion polls connected with the election of deputies of the State Duma is a form of information of voters. The failure to comply with the requirements of Clauses 2 and 3 of this article when the results of opinion polls are published (made public) shall result in the fact the materials containing this information will be treated as propaganda materials and such failure shall entail the responsibility established by this Federal Law.
2. When publishing the results of opinion polls connected with the election of deputies of the State Duma the mass media, citizens and organizations that publish (make public) these results shall indicate the organization which conducted the poll, the time when it was conducted, the number of respondents (sample), how the information was gathered, the region where the poll was conducted, the precise formulation of the question, the statistical assessment of a possible error, the person (persons) who ordered the poll and paid for the publication of its results.
3. For five days before voting day and on voting day it shall be prohibited to publish (make public) the results of opinion polls, forecasts of election results at the election of deputies of the State Duma, other studies relating to the election, in particular in the public information-telecommunications networks (including the Internet).
Article 56. TV and Radio Broadcasting Organizations and Print Media Used for Informational Support of the Election of Deputies of the State Duma
1. The informational support of the election of deputies of the State Duma shall be provided by means of state, municipal and non-state TV and radio broadcasting organizations and print media.
2. In this Federal Law state TV and radio broadcasting organizations and print media mean TV and radio broadcasting organizations and print media which are founded (co-founded) or the editorial offices of which are founded (co-founded) by state bodies and organizations and/or which, a year before the day of the official publication of the decision to call the election, received state support in the form of subsidies and/or subventions for their current functioning from the federal budget, budgets of Russian Federation subjects and/or which have a charter capital where the state has a stake as of the day of the official publication of the decision to call the election.
3. In this Federal Law municipal TV and radio broadcasting organizations and print media mean TV and radio broadcasting organizations and print media which are founded (co-founded) or the editorial offices of which are founded (co-founded) by municipal bodies and organizations and/or which, a year before the day of the official publication of the decision to call the election, received municipal support in the form of subsidies and/or subventions for their current functioning from the local budget and/or which have a charter capital where the municipality has a stake as of the day of the official publication of the decision to call the election.
4. In this Federal Law non-state TV and radio broadcasting organizations and print media mean TV and radio broadcasting organizations and print media which do not fall within Clauses 2 and 3 of this article.
5. In this Federal Law, depending on their coverage and distribution area, state TV and radio broadcasting organizations and print media are divided into:
(1) national TV and radio broadcasting organizations, i.e., TV and radio organizations which have a broadcasting license covering the territory of a half or more than a half of Russian Federation subjects;
(2) regional TV and radio broadcasting organizations, i.e., TV and radio broadcasting organizations which have a broadcasting license covering less than a half of Russian Federation subjects as well as relevant divisions of the TV and radio broadcasting organizations indicated in Clause 1 of this article.;
(3) national print media registered for distribution in a half or more than a half of Russian Federation subjects;
(4) regional print media registered for distribution in less than a half of Russian Federation subjects.
6. Print media founded by legislative (representative), executive and judicial bodies of state power, bodies of local self-government exclusively for the publication of their official documents and reports, regulations and other acts shall not publish any propaganda materials and editorial articles highlighting the activity of candidates, political parties, electoral blocs.
7. The list of national TV and radio broadcasting organizations and print media shall be published by the Central Election Commission of the Russian Federation on the basis of the information submitted by the federal bodies of executive power which formulate and implement the state policy vis-a-vis the mass media, not later than the tenth day after the official publication of the decision to call the election. If a national state print media outlet is published less than once a week, this fact shall be indicated in the list.
8. The list of regional state TV and radio broadcasting organizations and print media and of municipal TV and radio broadcasting organizations and editorial offices of municipal print media shall be published by the election commissions of the Russian Federation subjects on the basis of the information submitted by the territorial agencies of the federal bodies of executive power which formulate and implement the state policy vis-a-vis the mass media and the relevant bodies of executive power of the Russian Federation subjects not later than the tenth day after the official publication of the decision to call the election. If a regional state print media outlet is published less than once a week, this fact shall be indicated in the list.
Article 57. Election Campaigning
1. The following shall be regarded as election campaigning during the conduit of an election campaign:
(1) calls for voting for or against a candidate, federal list of candidates;
(2) expression of preference for some candidate, political party, other all-Russia public associations (if they are comprised in an electoral bloc), electoral bloc, in particular, statements indicating the candidate, federal list of candidates, political party, electoral bloc for which a voter will vote;
(3) description of possible consequences of the election or non-election of a candidate, federal list of candidates;
(4) dissemination of materials with a marked predominance of the information about some candidates, political parties, other all-Russia public associations (if they are comprised in an electoral bloc), electoral blocs, with positive or negative comments;
(5) dissemination of information about the activities of a candidate unrelated to his professional activity or performance of his official duties;
(6) activity promoting formation of a positive or negative attitude of voters towards a candidate, political party or other all-Russian public associations (if they are comprised in an electoral bloc) of which the candidate is a member, a political party and an electoral bloc which nominated the candidate (candidates), list of candidates;
(7) other actions which aim at encouraging or are encouraging voters to vote for or against a candidate, list of candidates or against all candidates (all lists of candidates).
2. Election campaigning may be conducted:
(1) on the channels of TV and radio broadcasting organizations and in the print media;
(2) by means of public events (meetings with citizens, rallies, marches, demonstrations, public debates and discussions);
(3) by producing and distributing printed, audio-visual and other propaganda materials;
(4) by other methods which are not prohibited by law.
3. Election campaigning on the channels of TV and radio broadcasting organizations and in the print media shall be conducted in the form of public debates, discussions, roundtables, press conferences, interviews, speeches, demonstration of TV stories and video films about a registered candidate, political party, electoral bloc and in other forms which are not prohibited by law.
4. A candidate, political party, electoral bloc may select the contents, form and methods of their election campaigning at their own discretion, conduct election campaigning and involve other persons therein in the procedure established by Russian Federation laws. .
5. Election campaigning shall not be conducted and any kind of election propaganda materials shall not be produced and distributed by:
(1) federal bodies of state power, bodies of state power of Russian Federation subjects, other state bodies, bodies of local self-government;
(2) persons who are in state and municipal service, including servicemen, persons occupying state offices of category «A» or elective municipal offices when they are discharging their official duties and/or by taking advantage of their office and official position;
(3) military units, military establishments and organizations;
(4) charity and religious organizations and organizations founded by them as well as representatives of religious associations when they are performing rites and ceremonies;
(5) election commissions, voting members of election commissions;
(6) foreign nationals, stateless persons, foreign legal entities;
(7) representatives of mass media organizations when they are engaged in their professional activities.
6. Persons who occupy state offices of category «A» or elective municipal offices shall not conduct election campaigning on the channels of TV and radio broadcasting organizations and in the print media, save the case where these persons have been registered as candidates.
7. Persons who have not attained to the age of 18 years on voting day shall not be directly or indirectly involved in election campaigning.
8. Pictures of a natural person, positive statements of a natural person about a candidate, political party, other all-Russia public associations (if they are comprised in an electoral bloc), an electoral bloc may be used in propaganda materials of candidates, political parties, electoral blocs only with a written consent of the natural person. The document confirming such consent shall be submitted to an election commission together with copies of propaganda materials to be submitted in accordance with Clause 5, Article 63 of this Federal Law and, if the propaganda material is to be broadcast by a TV and radio broadcasting organization or published in a print media outlet, at the request of an election commission. This restriction shall not apply to opinions quoted by candidates, political parties, electoral blocs in their election campaigning if these opinions have been expressed in public and published (made public), provided the date (period of time) of the publication and name of the mass media outlet where this opinion was published are indicated. References in propaganda materials to a positive statement of a natural person, who is not allowed to conduct election campaigning under this Federal Law, about a candidate, political party, other all-Russia public associations (if they are comprised in an electoral bloc), electoral bloc shall be allowed only if this statement was published (made public) before the official publication of the decision to call the election. Such reference must indicate the date (period of time) when this statement was published (made public) and the name of the mass media outlet where it was made public.
9. All election campaigning expenditures shall be paid exclusively from relevant electoral funds. Campaigning activities aiming to encourage or encouraging voters to vote for a candidate, federal list of candidates nominated by a political party, an electoral bloc, which are paid for from electoral funds of other candidates, political parties, electoral blocs, shall be prohibited.
10. If a political party, including a political party comprised in an electoral bloc, or this electoral bloc have nominated a candidate, list (lists) of candidates or registered a federal list of candidates, then not later than ten days before voting day this political party shall publish its election program at least in one national state print media outlet and in the Internet. A political party comprised in an electoral bloc shall have the right not to publish its election program if this electoral bloc publishes its election program within the period indicated above. Such publication shall be carried out with the use of either free space provided by the print media under this Federal Law or space paid for from the electoral fund of the candidate, political party, electoral bloc.
Article 58. Campaigning Period
1. Election campaigning shall commence from the day of nomination of a candidate, federal list of candidates and end at 00.00 hours local time one day before voting day.
2. Election campaigning on the channels of TV and radio broadcasting organizations and in the print media shall be conducted in the period which begins 30 days before voting day and ends at 00.00 hours local time one day before voting day.
3. No election campaigning shall be conducted on voting day and a day before.
4. Printed propaganda materials (leaflets, posters, etc.) which were earlier displayed outside polling stations and premises of election commissions at a minimum distance of 50 meters from the entrance thereto in the procedure established by the federal law, shall remain in place on voting day.
Article 59. General Terms and Conditions for the Access of Registered Candidates, Political Parties, Electoral Blocs to the Mass Media
1. Air time on the channels of TV and radio broadcasting organizations and space in print media may be made available to registered candidates, political parties and electoral blocs which registered federal lists of candidates in the procedure established by this Federal Law free of charge (free air time, free space) or for a charge.
2. Registered candidates, political parties and electoral blocs which registered federal lists of candidates shall not use their free air time, free space in print media to campaign for any other registered candidates, other political parties, electoral blocs. This requirement shall not apply to election campaigning conducted by registered candidates nominated by a political party, an electoral bloc for other registered candidates nominated by the same political party, electoral bloc and to election campaigning conducted by a political party, an electoral bloc for the registered candidates whom they nominated.
3. State and municipal TV and radio broadcasting organizations and the editorial offices of state and municipal print media shall guarantee to candidates registered in single-seat electoral districts and to political parties and electoral blocs which registered federal lists of candidates equal terms and conditions for election campaigning, in particular for the presentation of their election programs to voters.
4. National state TV and radio broadcasting organizations and the editorial offices of national state print media shall offer possibilities for conducting election campaigning to political parties and electoral blocs which registered federal lists of candidates
5. Regional state TV and radio broadcasting organizations and the editorial offices of regional state print media shall offer possibilities for conducting election campaigning to candidates registered in single-seat electoral districts and to regional groups of candidates.
6. Municipal state TV and radio broadcasting organizations and the editorial offices of municipal state print media shall guarantee equal terms and conditions for conducting election campaigning to registered candidates, political parties and electoral blocs which registered federal lists of candidates. These organizations and editorial offices may provide air time and space in print media to such candidates, political parties. electoral blocs only for a charge.
7. Non-state TV and radio broadcasting organizations and the editorial offices of non-state print media founded not less than one year before the commencement of an election campaign as well as non-state TV and radio broadcasting organizations and the editorial offices of non-state print media founded by political parties less than one year before the commencement of an election campaign may provide air time, space in print media to registered candidates, political parties and electoral blocs which registered federal lists of candidates for a charge. Other non-state TV and broadcasting organizations and the editorial offices of other non-state print media shall not provide air time, space in print media to registered candidates, political parties, electoral blocs.
8. The terms of payment for the provision of air time, space in print media shall be the same for all registered candidates, political parties, electoral blocs to whom/which they were provided. This requirement shall not apply to the editorial offices of print media founded by candidates, political parties which nominated a list (lists) of candidates, political parties comprised in an electoral bloc which nominated a list (lists) of candidates. In this Federal Law print media founded by a candidate means print media founded not less than one year before the commencement of an election campaign by a citizen (citizens) of the Russian Federation, who participates (participate) in the election of deputies of the State Duma as a candidate (candidates).
9. Information about the rates charged (in the Russian Federation currency) for air time, space in print media and other terms of payment shall be published by a relevant TV and radio broadcasting organization, editorial office of a print media outlet not later than 30 days after the day of the official publication of the decision to call the election. Within this period this information and a notice of readiness to provide air time, space in print media to political parties and electoral blocs which registered federal lists of candidates, registered candidates, regional groups of candidates shall be submitted:
by the national TV and radio broadcasting organizations and the editorial offices of national print media to the Central Election Commission of the Russian Federation;
by the regional and municipal TV and radio broadcasting organizations and the editorial offices of regional and municipal print media to the election commission of the Russian Federation subject.
10. A registered candidate nominated by a political party, an electoral bloc in a single-seat electoral district and included in the federal part of a registered federal list of candidates of the same political party, electoral bloc shall not be entitled to free air time and free space on the channels of national state TV and radio broadcasting organizations and in the national state print media, respectively.
11. A registered candidate nominated by a political party, an electoral bloc in a single-seat electoral district and included in the regional group of candidates of a registered federal list of candidates of the same political party, electoral bloc may use free air time and free space on the channels of regional state TV and radio broadcasting organizations and in regional state print media, respectively, either as a candidate registered in a single-seat electoral district or as a candidate included in the regional group of candidates.
12. TV and radio broadcasting organizations and the editorial offices of print media (regardless of the form of ownership) which provided free or paid air time and free or paid space to registered candidates, political parties and electoral blocs which registered federal lists of candidates shall keep separate records of the amount and cost of such air time and space in according to the forms of such records established by the Central Election Commission of the Russian Federation, and, five days before voting day and within five days of voting day, shall furnish the data of these records to:
the election commission of the Russian Federation subject - with regard to candidates registered in single-seat electoral districts;
the Central Election Commission of the Russian Federation - with regard to political parties and electoral blocs which registered federal lists of candidates, including candidates in the federal part of these lists and in the regional groups of candidates.
13. At the request of an election commission of a Russian Federation subject, the Central Election Commission of the Russian Federation TV and radio broadcasting organizations and the editorial offices of print media (regardless of the form of ownership) which provided air time and space to registered candidates, political parties and electoral blocs which registered federal lists of candidates shall present documents confirming the consent of the registered candidate, the political party and the electoral bloc to the provision of paid services.
14. Non-state and municipal TV and radio broadcasting organizations and print media, specialized TV and radio broadcasting organizations and print media and state print media which are published less than once a week may refuse to participate in election campaigning. Such refusal shall be non-submission of the notice indicated in Clause 9 of this article to a relevant election commission within the period established by this clause.
15. TV and radio broadcasting organizations and the editorial offices of print media shall keep the documents indicated in Clause 12 of this article, which confirm the provision of free and paid air time and free and paid space in print media, for not less than three years after voting day.
16. Free or paid air time or space in print media shall be provided for election campaigning on the basis of a written contract concluded between a TV and radio broadcasting organizations, the editorial office of a print media outlet and a candidate, political party, electoral bloc before the provision of such air time, space in print media. As a condition for the provision of such air time, such space in print media. As a condition for the provision of free air time, free space in print media the contract between a TV and radio broadcasting organization, the editorial office of a print media outlet and a political party, editorial bloc shall indicate the cost of the provided free air time, free space (based on the rates indicated in accordance with Clause 9 of this article) and contain an obligation of the political party, electoral bloc to reimburse this cost if the political party, electoral bloc do not fall within Clause 1, Article 71 of the this Federal Law on the basis of the vote returns.
Article 60. Election Campaigning on Television and Radio
1. Registered candidates, political parties and electoral blocs which registered federal lists of candidates shall be entitled to free air time on the channels of state organizations which carry out TV and/or ratio broadcasting on the territory of a relevant electoral district on equal terms and conditions (length of provided air time, airing time, other conditions).
2. The total amount of free air time to be provided for election campaigning by each national state TV and radio broadcasting organization on each of its channels shall be not less than one hour on working days in the period established in Clause 2, Article 58 of this Federal Law. The total amount of free air time to be provided for election campaigning by each regional state TV and radio broadcasting organization on each of its channels shall be not less than 30 minutes on working days in the period established by Clause 2, Article 58 of this Federal Law and, if the total broadcasting time of a TV and radio broadcasting organization is less than two hours a day, not less than one-fourth of the total broadcasting time. Free air time shall be provided in the broadcast periods viewed or listened to by the greatest number of persons, as determined by the TV and radio broadcasting organization.
3. The amount of free air time to be provided to a regional group of candidates in each Russian Federation subject by a regional state TV and radio broadcasting organization shall be calculated by multiplying the amount of air time provided by the TV and radio broadcasting organization to a candidate registered in a single-seat electoral district in the given Russian Federation subject by the number of single-seat electoral districts in this Russian Federation subject but shall not exceed this amount by more than three times. TV and radio broadcasting organizations shall provide equal amounts of air time to candidates registered in single-seat electoral districts, regional groups of candidates, with due regard for the said ratio.
4. Not less than one half of the total amount of free air time made available by TV and radio broadcasting organizations shall be provided to registered candidates, regional groups of candidates, political parties and electoral blocs which registered federal lists of candidates for joint debates, «roundtables» and other joint campaigning events of a similar kind. This rule shall not apply if each registered candidate receives less than five minutes of the total amount of free air time. When air time is provided for joint campaigning events on the channels of regional state TV and radio broadcasting organizations, this air time shall be calculated and allocated separately for registered candidates and regional groups of candidates, with due regard for the ratio indicated in Clause 3 of this article. All registered candidates, regional groups of candidates, political parties and electoral blocs which registered federal lists of candidates shall be allowed to use this part of free air time on equal conditions.
5. Registered candidates, (including those on a federal list of candidates), authorized representatives and agents of political parties and electoral blocs which registered federal lists of candidates may participate in campaigning events indicated in Clause 4 of this article only personally.
6. Representatives of a candidate registered in a single-seat electoral district shall not be allowed to participate in joint campaigning events indicated in Clause 4 of this article.
7. A candidate, regional groups of candidates, political party, electoral bloc may refuse to participate in a joint campaigning event indicated in Clause 4 of this article.
8. In the cases provided by Clauses 6 and 7 of this article, air time allocated for a joint campaigning event shall not be reduced, save the case where only one participant is able to participate in a campaigning event. At his request this participant shall be given free air time within its part obtained by dividing the air time made available for the joint campaigning event by the total number of the planned participants in this event. Non-participation of a registered candidate, regional group of candidates, political party, electoral bloc in a joint campaigning event shall not increase the amount of free air time to which they are entitled in accordance with Clause 9 of this article.
9. The remaining part of free air time made available by TV and radio broadcasting organizations shall be divided in equal parts between registered candidates, between regional groups of candidates, between political parties and electoral blocs which registered federal lists of candidates.
10. After the end of the registration of candidates, federal lists of candidates but not later than 32 days before voting day lots shall be drawn to distribute free air time between all registered candidates, regional groups of candidates, political parties and electoral blocs which registered federal lists of candidates.
11. The Central Election Commission of the Russian Federation together with the representatives of TV and radio broadcasting organizations shall organize lot-drawing to determine the concrete dates and time when election propaganda materials of political parties, electoral blocs are to be aired. The election commission of a Russian Federation subject together with the representatives of TV and radio broadcasting organizations shall organize lot-drawing to determine the concrete dates and time when election propaganda materials of registered candidates, regional groups of candidates are to be aired. Lot-drawing may be witnessed by persons listed in Clause 1, Article 31 of this Federal Law. The results of lot-drawing shall be recorded in a protocol. The schedule of air time distribution determined on the basis of lot-drawing results shall be published in, respectively, national and regional state print media. Air time shall be provided on the basis of a contract to be concluded after low-drawing.
12. State TV and radio broadcasting organizations shall reserve air time to be acquired on a paid basis for election campaigning by registered candidates, regional groups of candidates, political parties and electoral blocs which registered federal lists of candidates. The rates and the terms of payment shall be the same for all registered candidates, political parties, electoral blocs. The total amount of paid air time to be reserved by each TV and radio broadcasting organization shall not be less than the total amount of free air time to be made available in accordance with Clauses 2 and 3 of this article but shall not exceed this amount by more than two times.
13. Each registered candidate, regional group of candidates, political party, electoral bloc shall be entitled, for a charge, to a part of the total amount of reserved air time, given by dividing this total amount by the total number of, respectively, registered candidates and regional groups of candidates (with due regard to the provisions of Clause 3 of this article) or political parties and electoral blocs which registered federal lists of candidates.
14. TV and radio broadcasting organizations shall provide the air time indicated in Clause 12 of this article in the period indicated in Clause 2, Article 58 of this Federal Law. The date and time when election propaganda materials are to be aired shall be determined by lot, with lot-drawing to be organized by a TV and radio broadcasting organization with the participation of interested persons on the basis of written applications for participation in lot-drawing, submitted by registered candidates, authorized representatives of political parties, electoral blocs. Lot-drawing shall be conducted within the period established by Clause 10 of this article. Air time shall be provided on the basis of a contract to be concluded after lot-drawing.
15. Municipal TV and radio broadcasting organizations which complied with the provisions of Clause 9, Article 59 of this Federal Law shall provide air time for election campaigning to registered candidates, political parties and electoral blocs which registered federal lists of candidates on a paid basis. The rates and the terms of payment shall be the same for all registered candidates, political parties, electoral blocs. The total amount of paid air time to be provided by a municipal TV and radio broadcasting organization to registered candidates, political parties, electoral blocs shall be determined by this organization. The date and time when election propaganda materials of each registered candidate, political party, electoral bloc are to be aired shall be determined by lot, with lot-drawing to be organized by a TV and radio broadcasting organization with the participation of interested persons on the basis of written applications for participation in lot-drawing, submitted by registered candidates, political parties, electoral blocs. Lot-drawing shall be conducted within the period established by Clause 10 of this article. Air time shall be provided on the basis of a contract to be concluded after lot-drawing.
16. If, after lot-drawing, a registered candidate, regional group of candidates, political party, electoral bloc refuse to use air time, they shall inform about their decision the relevant TV and radio broadcasting organization in writing not later than five days before the airing time and the TV and radio broadcasting organization shall be free to use the released air time at its discretion.
17. Air time on the channels of non-state TV and radio broadcasting organizations shall be provided to registered candidates, political parties and electoral blocs which registered federal lists of candidates on equal terms and conditions. Non-state TV and radio broadcasting organizations which fail to comply with this requirements and with the provisions of Clause 9, Article 59 of this Federal Law shall not be allowed to provide air time for election campaigning to registered candidates, political parties, electoral blocs.
18. The contracts for the provision of paid air time shall indicate the following: the type (form) of election campaigning; the airing date and time; the length of air time to be provided; the rates and terms of payment for the air time; the form and conditions of participation of a journalist (moderator) in the TV or radio program. After the terms and conditions of the contract have been carried out a work performance certificate and a record of the used air time shall be drawn up to confirm the performance of contractual obligations with the indication of the broadcasting channel, the name of the program and its airing time.
19. Not later than two days before provision of air time a registered candidate, political party, electoral bloc shall submit a payment order to a branch of the Savings Bank of the Russian Federation for remittance of the full amount of payment for the air time. A registered candidate, political party, electoral bloc shall present a copy of the payment order endorsed by the branch of the Savings Bank of the Russian Federation to a TV and radio broadcasting organization before provision of air time. If these terms and conditions for the provision of air time are not complied with, air time on the channels of TV and radio broadcasting organizations shall not be provided.
20. The branch of the Savings Bank of the Russian Federation shall remit the money not later than the next banking day after receipt of the payment order. The time for processing a non-cash payment shall not exceed two banking days within a Russian Federation subject and five banking days within the Russian Federation.
21. If, while using paid air time, a registered candidate, political party, electoral bloc violate the terms and conditions established by this Federal Law, a TV and radio broadcasting organization may apply to a court for cancellation of the contract for the provision of air time.
22. Transmission of election propaganda materials of a registered candidate, regional group of candidates, political party, electoral bloc shall not be interrupted, in particular, by commercials advertising goods and services.
23. Transmission of propaganda materials of a registered candidate, regional group of candidates, political party, electoral bloc on the channels of TV and radio broadcasting organizations shall not be interrupted for transmission of other TV and radio programs, other propaganda materials.
24. Video and audio recordings of TV and radio programs containing election propaganda materials shall be kept by a relevant TV and radio broadcasting organization for not less than 12 months from the day on which these programs were aired. TV and radio broadcasting organizations shall, free of charge, provide copies of such TV and radio programs to election commissions at their request.
Article 61. Election Campaigning Through Print Media
1. Registered candidates, political parties and electoral blocs which registered federal lists of candidates shall be entitled to free space in state print media which are published not less than once a week on the following conditions: equal amount of the provided space; the same place on a page; the same type size, and other conditions.
2. The total minimum weekly amount of free space which the editorial office of each state print media outlet is to provide to registered candidates, regional groups of candidates or to political parties and electoral blocs which registered federal lists of candidates shall be equal to not less than 10 percent of the total amount of weekly space of the print media outlet in the period established by Clause 2, Article 58 of this Federal Law. The information about the total amount of free space which the given print media outlet is to provide for election campaigning during the entire period established by Clause 2, Article 58 of this Federal Law shall be published in the given print media outlet not later than 30 days after the official publication of the decision to call the election.
3. The amount of space in a regional state print media outlet to be provided by its editorial office to a regional group of candidates in each Russian Federation subject shall be calculated by multiplying the amount of space provided by the editorial office of the print media outlet to a candidate registered in a single-seat electoral district in the given Russian Federation subject by the number of single-seat electoral districts in this Russian Federation subject but shall not exceed this amount by more than three times. The said editorial offices of print media shall provide an equal amount of space to candidates registered in single-seat electoral districts, regional groups of candidates, with due regard for the said ratio.
4. The total amount of free space declared by the editorial office of a print media outlet shall be distributed in equal parts between registered candidates, regional groups of candidates, political parties, electoral blocs by dividing the total amount of available space by the total number of registered candidates, regional groups of candidates (with due regard to the provisions of Clause 3 of this article) or political parties, electoral blocs which are entitled to free space in the given print media outlet.
5. After the end of the registration of candidates, federal lists of candidates but not later than 32 days before voting day, the editorial office of a print media outlet together with interested persons shall organize lot-drawing to distribute free space between all registered candidates, regional groups of candidates, political parties, electoral blocs and fix the date of publication of their election propaganda materials. Lot-drawing may be witnessed by members of a relevant election commission and the persons indicated in Clause 1, Article 31 of this Federal Law. The results of lot-drawing shall be recorded in a protocol. Space in print media shall be provided on the basis of a contract to be concluded after lot-drawing.
6. The editorial offices of state print media published not less than once a week shall reserve space to be acquired on a paid basis for publication of election propaganda materials by registered candidates, regional groups of candidates, political parties and electoral blocs which registered federal lists of candidates. The rates and terms of payment for the use of such space shall be the same for all registered candidates, political parties, electoral blocs. The total amount of paid space to be reserved by the editorial office of a print media outlet shall not be less than the total amount of free space to be provided in accordance with Clause 2 of this article but shall not exceed this amount by more than two times.
7. Each registered candidate, regional groups of candidates, political party and electoral bloc which registered federal lists of candidates shall be entitled to paid space from the total amount of the reserved space within a part thereof given by dividing this total amount by the total number of registered candidates, regional groups of candidates (with due regard to the provisions of Clause 3 of this article) or political parties and electoral blocs which registered federal lists of candidates.
8. Space in print media indicated in Clause 6 of this article shall be made available by their editorial offices within the period indicated in Clause 2, Article 58 of this Federal Law. The date for the publication of election propaganda materials of a registered candidate, regional group of candidates, political party, electoral bloc shall be determined by lot, with lot-drawing to be organized by the editorial office of a print media outlet with the participation of interested persons on the basis of written applications for participation in lot-drawing submitted by registered candidates, authorized representatives of political parties, electoral blocs. Law-drawing shall be conducted within the period indicated in Clause 5 of this article. Lot-drawing may be witnessed by members of a relevant election commission and the persons indicated in Clause 1, Article 31 of this Federal Law. The results of lot- drawing shall be recorded in a protocol. Space in print media shall be provided on the basis of a contract to be concluded after lot-drawing.
9. The editorial offices of municipal print media, editorial offices of state print media published less than once a week which complied with the provisions of Clause 9, Article 59 of this Federal Law shall provide paid space to registered candidates, political parties and electoral blocs which registered federal lists of candidates. The rates and the terms of payment for such space shall be the same for all registered candidates, political parties, electoral blocs. The total amount of paid space to be provided by the editorial offices of such print media to registered candidates, political parties, electoral blocs shall be determined by the editorial offices at their discretion. The date when election propaganda materials of a registered candidate, political party, electoral bloc are to be published shall be determined by lot, with lot-drawing to be organized by the editorial offices of the print media with the participation of interested persons on the basis of written applications for participation in lot-drawing, submitted by registered candidates, authorized representatives of political parties, electoral blocs. Lot-drawing shall be conducted within the period established by Clause 5 of this article. Space shall be provided on the basis of a contract to be concluded after lot-drawing.
10. If, after lot-drawing, a registered candidate, regional group of candidates, political party and electoral bloc, which registered federal lists of candidates, refuse to use space in print media, they shall inform the editorial office of a relevant print media outlet about their decision not later than five days before the day on which the propaganda material was to be published and the editorial office shall be free to use the released space at its discretion.
11. The editorial offices of non-state print media may publish election propaganda materials on the basis of a contract to be concluded between the editorial office and a registered candidate, a political party and electoral bloc which registered a federal list of candidates. The editorial offices of non-state print media which did not comply with the provisions of Clause 9, Article 59 of this Federal Law shall not be allowed to provide space in their print media to registered candidates, political parties, electoral blocs for election campaigning.
12. The editorial offices of non-state print media which complied with the provisions of Clause 9, Article 59 of this Federal Law may refuse to provide space in their print media for election campaigning.
13. Not later than two days before the day on which the election propaganda material is to be published a registered candidate, political party, electoral bloc shall submit a payment order to a branch of the Savings Bank of the Russian Federation for remittance of the full amount of the payment for space to be used. A copy of the payment order endorsed by the branch of the Savings Bank of the Russian Federation shall be presented by a registered candidate, political party, electoral bloc to the editorial office of a print media outlet before space therein is provided. If this condition is not complied with, space in such print media shall not be provided.
14. The branch of the Savings Bank of the Russian Federation shall remit the money not later than the next banking day after receipt of the payment order. The time for processing a non-cash payment shall not exceed two banking days within a Russian Federation subject and five banking days within the Russian Federation.
15. Election propaganda materials published in accordance with this article shall not be accompanied by any forms of editorial comment and by headlines and illustrations that are not agreed upon with registered candidates, political parties and electoral blocs which registered federal lists of candidates.
16. The editorial offices of print media which publish election propaganda materials shall not give preference to any candidate, political party, electoral bloc by changing the circulation and publication frequency of print media. This requirement shall not apply to the editorial offices of the print media founded by a candidates, political parties which registered federal lists of candidates, political parties comprised in electoral blocs which registered federal lists of candidates.
17. All materials which are published by print media and paid for from the electoral fund of a candidate, political party, electoral bloc shall indicate the candidate, political party, electoral bloc from whose electoral fund the given publication was paid for. If election propaganda materials were published free of charge, the publication shall indicate this fact and name the registered candidate, political party, electoral bloc that published this material. The responsibility for the compliance with this requirement shall be borne by the editorial office of a print media outlet.
Article 62. Election Campaigning by Means of Mass Events
1. State bodies and bodies of local self-government shall assist registered candidates, political parties and electoral blocs which registered federal lists of candidates in organizing meetings with voters, public debates and discussions, rallies, demonstrations and marches.
2. Applications for the provision of premises to hold meetings with voters organized by registered candidates and their agents, agents and authorized representatives of political parties and electoral blocs which registered federal lists of candidates shall be considered by state bodies and bodies of local self-government within three days of the day of the submission thereof. Notifications of organizers of rallies, demonstrations and marches shall be considered by bodies of local self-government within seven days of the day when they are received, in accordance with Russian Federation laws.
3. On the basis of an application from a registered candidate, a political party and an electoral bloc which registered federal lists of candidates, premises which are suitable for holding election-related mass events and are state- or municipality-owned shall be made available by the owner, proprietor, free of charge and for a time to be established by the election commission of a Russian Federation subject or, at its request, by a district or territorial election commission, to registered candidates or their agents, agents and authorized representatives of political parties, electoral blocs for meetings with voters. Election commissions shall ensure equal possibilities to hold election-related mass events for registered candidates, political parties, electoral blocs.
4. If the premises indicated in Clause 3 of this article or the premises owned by an organization with a charter capital in which the state and/or municipality holds a stake exceeding 30 percent as of the day of the official publication of the decision to call the election were provided for holding an election-relation mass event to one of registered candidates, one of political parties or electoral blocs which registered a federal list of candidates, the owner, proprietor of the premises shall not refuse to provide the premises to other registered candidates, other political parties, electoral blocs on the same terms and conditions at some other time during the campaigning period.
5. Election campaigning and public speeches of candidates registered in single-seat electoral districts at events funded, organized or held for the population by bodies of state power, bodies of local self-government, state and municipal organizations shall be allowed only if all candidates registered in the given electoral district were notified of this event and if they were offered the possibility to speak at this event.
6. Candidates, political parties and electoral blocs which nominated a federal list (federal lists) of candidates may rent, on a contractual basis, buildings and premises belonging to citizens and organizations of all forms of ownership to hold meetings with voters, rallies, public debates and other election-related mass events.
7. Buildings and structures included in the State Register of Particularly Valuable Memorials of the Cultural Heritage of the Peoples of the Russian Federation shall not be made available for campaigning purposes.
8. No election campaigning shall be allowed on the territory of military units, in military organizations and institutions, save the case where the only building (premises) suitable for meetings with voters is located within the territory of a military unit. Such building (premises) shall be provided for campaigning events by the commanding officer of the military unit at the request of a relevant election commission. Meetings of voters - servicemen with registered candidates or their agents, authorized representatives and agents of political parties and electoral blocs which registered federal lists of candidates shall be organized outside the territory of the military unit by the commanding officer of the military unit together with a district election commission, subject to a mandatory requirement that all candidates registered in the given single-seat electoral district, authorized representatives of all political parties and electoral blocs which registered federal lists of candidates be invited to all such meetings not later than three days before the day of the meeting.
9. Security at election-related mass events shall be ensured by the state bodies in accordance with Russian Federation laws.
Article 63. Production and Distribution of Printed, Audio-Visual and Other Election Propaganda Materials
1. Candidates, political parties and electoral blocs which nominated federal lists of candidates shall be free to produce and distribute printed, audio-visual and other propaganda materials in the procedure established by Russian Federation laws.
2. Organizations providing advertising services shall publish propaganda materials of candidates registered in single-seat electoral districts and of political parties and electoral blocs which registered federal lists of candidates on equal terms and conditions.
3. Printshops shall ensure equal terms of payment for the production of propaganda materials for candidates, registered in single-seat electoral districts, political parties and electoral blocs which registered federal lists of candidates. Information about the rates charged (in the Russian Federation currency) and other terms of payment for services of a printshop intending to print propaganda materials shall by published by the printshop not later than 30 days after the official publication of the decision to a call the election and shall be, within the same period, submitted to the election commission of the Russian Federation subject where this printshop is registered. A printshop which failed to comply with these conditions shall not be allowed to accept orders for production of propaganda materials.
4. All printed, audio-visual and other propaganda materials (with the exception of the materials distributed pursuant to Articles 60 and 61 of this Federal Law) shall indicate the names and legal addresses of the organization (the surname, first name and patronymic of a person and the name of the Russian Federation subject, raion, city, other populated center where the person's place of residence is located) that produced the material, the name of the organization (the surname, first name and patronymic of a person) that placed an order for the material, the information about the number of copies printed and the date of publication.
5. Prior to their distribution printed, audio-visual and other election propaganda materials or their copies, photos of other propaganda materials shall be submitted to a relevant district election commission or territorial election commission by a candidate or to the election commission of a Russian Federation subject or the Central Election Commission of the Russian Federation by a political party, an electoral bloc. Along with the aforementioned materials a relevant election commission shall be furnished with the information concerning the location (place of residence) of the organization (person) that produced and ordered these materials.
6. Propaganda materials shall not contain commercial advertisements.
7. Propaganda materials shall not be produced without prepayment made from a relevant electoral fund or in violation of the requirements set forth in Clauses 4 and 6 of this article.
8. Distribution of propaganda materials in violation of the requirements set forth in Clause 5 of this article and Clause 8, Article 57 of this Federal Law shall not be allowed.
9. Not later than 30 days before voting day, on the recommendation of a district election commission the bodies of local self-government shall designate special places for displaying printed election propaganda materials on the territory of each electoral precinct. Such places shall be convenient for voters to visit and shall be arranged so that voters could read the displayed information. The area of such places must be sufficient to display the materials of election commissions and printed propaganda materials of candidates, political parties, electoral blocs. Candidates registered in a single-seat electoral district as well as authorized representatives of political parties and electoral blocs which nominated federal lists of candidates may apply to a territorial election commission for a list of places where printed propaganda materials can be displayed. Candidates registered in a single-seat electoral district as well as political parties and electoral blocs which registered federal lists of candidates shall be allocated equal areas for displaying their printed propaganda materials.
10. In cases which are not provided by Clause 9 of this article propaganda materials may be displayed (posted) inside premises, on buildings, structures or other objects only with the consent of their owners, proprietors. A property owned by the state, or a municipality, or an organization with a charter capital in which the state and/or municipality holds a stake exceeding 30 percent as of the day of the official publication of the decision to call the election shall be made available to all registered candidates, political parties, electoral blocs for displaying their propaganda materials on equal terms and conditions. No charge shall be paid for displaying propaganda materials on a state- or municipally-owned property
11. Propaganda materials shall not be placed (posted, displayed) on monuments, obelisks, buildings, structures and premises which have a historical, cultural or architectural value, inside the buildings and offices of election commissions and in polling stations or at a distance less than 50 meters from the entrance thereto.
12. The election commission which was informed about distribution of false printed, audio-visual and other propaganda materials or about distribution of election propaganda materials carried out in violation of the provisions of Clauses 4 to 8, 10 and 11 of this article shall take appropriate measures and may make an application to law enforcement and other authorities for stopping unlawful election campaigning and for seizing unlawful election propaganda materials.
Article 64. Inadmissibility of Misuse of the Right to Election Campaigning
1. Misuse of the freedom of mass information in election campaigning shall not be allowed. Election programs of registered candidates, political parties and electoral blocs which registered federal lists of candidates, other propaganda materials, speeches at meetings and rallies, articles in the mass media shall not contain calls for seizure of power, violent change of the constitutional system and violation of the integrity of the Russian Federation, warmongering. Propaganda exciting social, racial, national, religious hatred or enmity, misuse of the freedom of mass information in other forms defined by Russian Federation laws shall be prohibited. Propaganda shall not be regarded as fomenting social discord if it is aimed at the defense of the ideas of social justices. Propaganda violating Russian Federation laws on intellectual property shall be prohibited.
2. Candidates, political parties, electoral blocs and their authorized representatives and agents as well as other persons and organizations involved in election campaigning shall not bribe voters: they shall not give voters money, gifts and other things otherwise than for the performance of organizational work (collection of voter signatures and other campaigning activities); remunerate voters who perform the said organizational work depending on the results of the voting or promise such remuneration; sell goods at reduced prices; distribute free of charge any goods other than printed materials (including illustrated booklets) and badges specially produced for the election campaign; render services free of charge or at reduced rates. While conducting election campaigning candidates, political parties, electoral blocs, their authorized representatives and agents or other persons and organizations shall not influence voters by promises of money, securities, other things (in particular, depending on the voting results) and by rendering services otherwise than on the basis of decisions of bodies of state power and local self-government taken in accordance with the federal laws.
3. During the period of an election campaign, the election and election results shall not be an object of lotteries, totalizators (bets) and other risk-based games.
4. In the course of an election campaign materials advertising the business activity and other activities unrelated to the election, which contain a candidate's name or picture, an emblem or other symbols of political parties and an electoral blocs which nominated a list (lists) of candidates, a political party, other all-Russia public associations comprised in an electoral bloc which nominated a list (lists) of candidates, shall be paid for only from a relevant electoral fund. Publication of such advertisements shall not be allowed on voting day and the day preceding voting day.
5. Candidates, political parties and electoral blocs which nominated a list (lists) of candidates, their authorized representatives and agents, political parties and other all-Russia public associations comprised in such electoral blocs as well as organizations registered after the commencement of an election campaign, which are founded, owned or possessed by such natural persons and organizations and/or which have governing bodies on which such natural persons or organizations are represented as well as other natural persons and legal entities acting at the request or on the instructions of such persons or organizations shall not engage in any charity activities in the course of an election campaign. In the course of an election campaign other natural persons and legal entities shall not engage in any charity activities at the request, on the instructions or on behalf of candidates, the said political parties and other all-Russia public associations, electoral blocs, agents and authorized representatives and shall not conduct election campaigning simultaneously with the pursuance of charity activities. Candidates, the said political parties and other all-Russia public associations, electoral blocs, agents and authorized representatives shall be prohibited from asking other natural persons and legal entities to render material or financial assistance to voters and organizations on the territory of a relevant electoral district.
6. Mass media organizations shall not make public (publish) propaganda and informational materials (including such materials which contain reliable information) which may damage the honor, dignity or business reputation of a candidate if these organizations cannot give a candidate a possibility to make public (publish) a denial or some other explanation in defense of his honor, dignity or business reputation before the end of the election campaigning period. When a possibility is offered to a candidate to publish (make public) free of charge a denial or some other explanation in defense of his honor, dignity or business reputation air time shall be provided at the same time of the day at which the original information was made public. The amount of air time provided for making a denial or explanation shall not be less than the amount of air time provided for presentation of the original information and shall not be less than two minutes. In print media a denial shall be printed in the same type, in the same place on the page and shall be allocated space not less than the space taken up by the original compromising text. The failure to provide such possibility to a candidate may serve as a ground for bringing to responsibility the organizations indicated in this clause and their officials under Russian Federation laws. The rules established by this clause shall not apply to the editorial offices of non-state print media founded by candidates, political parties, including political parties comprised in an electoral bloc, other all-Russia public association comprised in an electoral bloc.
7. Law enforcement and other authorities shall take measures to stop unlawful propaganda activities, prevent production of and seize false and unlawful printed, audio-visual and other election propaganda materials, identify the producers of such materials and the source from which they are paid for and promptly inform a relevant election commission about the facts established and measures taken.
8. Should a TV and radio broadcasting organization, the editorial office of a print media outlet violate the election campaigning rules laid down by this Federal Law, a relevant election commission may apply to law enforcement authorities, courts, bodies of executive power which implement the state policy vis-a-vis the mass media for stopping the unlawful propaganda activities and bringing the TV and radio broadcasting organization, editorial office of the print media outlet, their officials to responsibility under Russian Federation laws.
«« Ïðåä. | ÎÃËÀÂËÅÍÈÅ | Ñëåä. »»
|