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Chapter XII. Lodging of Complaints about Violations of Electoral Rights of Citizens and Responsibility for Violation of Electoral Rights of Citizens
Article 90. Appealing Decisions and Actions (Inaction) Which Violate Electoral Rights of Citizens
Article 91. Grounds for a Refusal to Register a Candidate, Federal List of Candidates and for Annulment of a Decision to Register a Candidate, Federal List of Candidates
Article 92. Grounds for the Annulment of a Decision of an Election Commission On Voting Returns, Election Results
Article 93. Responsibility for Violation of Electoral Rights of Citizens
Article 90. Appealing Decisions and Actions (Inaction) Which Violate Electoral Rights of Citizens
1. Decisions and actions (inaction) which violate electoral rights of citizens may be appealed by voters, candidates, registered candidates, electoral associations, electoral blocs, their agents, other public associations, agents of registered candidates, electoral associations, electoral blocs, observers and election commissions. If the violations indicated in a complaint (complaints) affect a large number of citizens or if the violation has assumed a special public significance owing to some other circumstances, the Central Election Commission of the Russian Federation may apply to the Supreme Court of the Russian Federation, which shall consider the substance of the complaint.
2. Decisions and actions (inaction) of bodies of state power, bodies of local self-government, public associations and officials as well as decisions and actions (inaction) of electoral commissions and their officials, which violate electoral rights of citizens of the Russian Federation, may be appealed in a court.
3. Decisions and actions (inaction) of the Central Election Commission of the Russian Federation and its officials shall be appealed in the Supreme Court of the Russian Federation; decisions and actions (inaction) of election commissions of Subjects of the Russian Federation, district election commissions and decisions, actions (inaction) of officials of these election commissions shall be appealed in a court of the Subject of the Russian Federation; decisions and actions (inaction) of other election commissions shall be appealed in raion courts.
4. In cases provided by this Federal Law a court may reverse the decision of an election commission concerning voting and election results, other decisions of an election commission as well.
5. If a decision of an election commission has been reversed by a court, a new decision on the substance of the matter shall be taken by the election commission whose decision was reversed or by a higher election commission on the basis of a court decision. Court decisions shall be binding on the election commissions concerned.
6. Consideration by a court of an appeal against the decision of an election commission concerning voting returns, election results as well as an investigation to check the facts relating to violation of this Federal Law shall not be regarded as a breach of immunity of a registered candidate who was declared elected in accordance with applicable Russian Federation law. A registered candidate declared elected shall not refuse to testify in an administrative, civil or criminal case initiated in connection with a complaint about violation of electoral rights of citizens in the course of his/her election. Consideration by a court of an appeal against a decision of an election commission concerning voting results, election results or the conduct of a preliminary investigation shall not require the Duma's consent to the suspension of the immunity of a registered candidate who has been declared elected.
7. Decisions and actions (inaction) of election commissions and their officials violating electoral rights of citizens may be appealed in a higher election commission.
8. When examining cases which involve refusal of registration of a candidate, federal list of candidates, withdrawal of registration of a registered candidate, federal list of candidates, when considering application to the Supreme Court of the Russian Federation for declaring the election of a registered candidate, federal list of candidates null and void an election commission shall be entitled to require and receive documents and materials, hear explanations of officials and citizens.
9. The higher election commission shall be entitled to reverse the decision of a lower election commission and order it to consider the matter again or take a decision on the substance of a complaint or appeal.
10. Preliminary application to a higher election commission shall not be an obligatory condition for application to a court.
11. If a complaint has been accepted for consideration by a court and a similar complaint was lodged with an election commission by the persons made the first complaint, the given election commission shall suspend consideration of the complaint until the court decision comes into legal force. The court shall inform the election commission about the receipt of the complaint and about entry into legal force of the court decision taken upon its consideration.
12. Decisions in respect of complaints received in the course of an election campaign shall be taken within five days but not later than a day before voting day or, on voting day or the next day, immediately. If the facts mentioned in complaints require additional verification, decisions in respect of such complaints shall be taken within ten days. In respect of appeals against a decision of an election commission concerning voting results, election results, a court shall adopt a decision within two months from the day on which the appeal was filed.
13. Courts and public prosecutor's offices shall organize their work (including on days-off) so as to ensure prompt consideration of complaints within the periods prescribed by this Federal Law.
Article 91. Grounds for a Refusal to Register a Candidate, Federal List of Candidates and for Annulment of a Decision to Register a Candidate, Federal List of Candidates
1. If a candidate, registered candidate, an electoral association, electoral bloc violates this Federal Law, the appropriate election commission shall be entitled to make a warning to this candidate, registered candidates, electoral association, electoral bloc which shall be made known to voters through the mass media or by some other method. An election commission may take a decision to refuse registration of a candidate, federal list of candidates, to annul the decision to register a candidate, federal list of candidates, to declare election of a candidate, federal list of candidates null and void, to annul the decision concerning voting returns, election results even if such a warning was not issued.
2. An election commission may refuse registration of a candidate, federal list of candidates if:
(a) it has been established that the information provided by a candidate, an authorized representative of an electoral association, electoral bloc in accordance with this Federal Law are not accurate and their inaccuracy is essential;
(b) it has been established that election campaigning was conducted by a candidate prior to his/her registration by a district election commission, by an electoral association, electoral bloc prior to the registration of its federal list of candidates by the Central Election Commission of the Russian Federation;
(c) it has been established that voters were bribed i.e., a candidate, an electoral association, electoral bloc, its authorized representative has committed an act prohibited by Clause 2 Article 60 of this Federal Law;
(d) gross or repeated violations have been committed of the rules prohibiting the governing bodies of enterprises of all forms of ownership from taking part in the organization of signature collection and the rules banning coercion in the course of signature collection, solicitation of voter signatures for any form of remuneration, collection of signatures where and when wages are paid;
(e) when financing his/her election campaign, a candidate who was nominated in a single-mandate electoral district has used monetary resources to finance his/her election campaign other than those of his/her electoral fund in the amount exceeding 0.5 percent of the maximum amount established by this Federal Law for a candidate's expenditures from the electoral fund;
(f) when financing its election campaign, an electoral association, electoral bloc has used monetary resources to finance its election campaign other than those of its electoral fund in the amount exceeding 0.5 percent of the maximum amount established by this Federal Law for expenditures of an electoral association, electoral bloc from the electoral fund;
(g) a candidate nominated in a single-mandate electoral district has exceeded expenditures from the electoral fund by more than 0.5 percent of the maximum amount of expenditures from the electoral fund of a candidate established by this Federal Law;
(h) an electoral association, electoral bloc has exceeded expenditures from the electoral fund by more than 0.5 percent of the maximum amount of expenditures from an electoral fund of a electoral association, electoral bloc established by this Federal Law;
(i) in the course of the election campaign a candidate, an electoral association, including an electoral association within an electoral bloc, an authorized representative of an electoral association, electoral bloc, an organization whose founders, owners, possessors are and/or whose governing bodies include the aforementioned persons and organizations (representatives of these organizations) carried on charity activities in the territory of the Russian Federation, asked other natural persons and legal entities to provide material and financial aid or services to voters, consented to natural persons or legal entities providing such aid or services on their behalf;
(j) a candidate, an electoral association, electoral bloc has not submitted the first financial report;
(k) a candidate, an authorized representative of an electoral association, electoral bloc has taken advantage of their official position or status;
(l) on other grounds indicated in this Federal Law.
3. Registration of a candidate, federal list of candidates may be annulled by an election commission or a court not later than a day preceding voting day if:
(a) a violation of this Federal Law indicated in Clause 2 of this Article has been discovered after registration of the candidate, federal list of candidates;
(b) a registered candidate, an electoral association, electoral bloc, an agent of a registered candidate, an agent, authorized representative of an electoral association, electoral bloc has conducted propaganda in the territory of a military units, in a military organization or institution;
(c) a registered candidates, electoral association, electoral bloc, their agents have produced and (or) disseminated printed, audiovisual and other election propaganda materials in violation of Clauses 3 and 4 Article 59 of this Federal Law;
(d) in the course of the election campaign a registered candidate, an electoral association, including an electoral association within an electoral bloc, an authorized representative of an electoral association, electoral bloc, an agent of a registered candidate, of an electoral association, electoral bloc, an organization whose founders, owners, possessors are and/or whose governing bodies include the aforementioned persons and organizations (representatives of these organiztions) have carried on charity activities in the territory of the Russian Federation, asked other natural persons and legal entities to provide material and financial aid or services to voters, consented to natural persons or legal entities providing such aid or services on their behalf;
(e) a registered candidate, an authorized representative of an electoral association, electoral bloc has taken advantage of his/her official position or status;
(f) a registered candidate, an electoral association, electoral bloc has not submitted the financial report in due time;
(g) a registered candidate who is a civil or municipal servant has not suspended the performance of official duties for the period of his/her participation in the election;
(h) it has been established that voters were bribed i.e., a candidate, an electoral association, electoral bloc, its authorized representative has committed an act prohibited by Clause 2 Article 60 of this Federal Law;
(i) when financing his/her election campaign, a registered candidate nominated in a single-mandate electoral district has used monetary resources to finance his/her election campaign other than those of his/her electoral fund in the amount exceeding 0.5 percent of the maximum amount established by this Federal Law for a candidate's expenditures from the electoral fund;
(j) when financing its election campaign, an electoral association, electoral bloc which registered a federal list of candidates has used monetary resources to finance its election campaign other than those of its electoral fund in the amount exceeding 0.5 percent of the maximum amount established by this Federal Law for expenditures of an electoral association, electoral bloc from the electoral fund;
(k) a candidate registered in a single-mandate electoral district has spent an amount from his/her electoral fund exceeding by more than 0.5 percent the maximum amount established by this Federal Law for expenditures of a candidate, registered candidate from the electoral fund;
(l) an electoral association, electoral bloc which registered a federal list of candidates has spent an amount from its electoral fund exceeding by more than 0.5 percent the maximum amount established by this Federal Law for the expenditures of an electoral association, electoral bloc from the electoral fund;
(m) a registered candidate, an electoral association, electoral bloc which registered a federal list of candidates has used unlawful donations contributed to their electoral funds in an amount exceeding 0.5 percent of the maximum amount of expenditures from the electoral fund of a candidate, an electoral association, electoral bloc established by this Federal Law;
4. Registration of a federal list of candidates may be annulled by the Central Election Commission of the Russian Federation in the event of violation of the rules laid down by Clause 11 Article 51 of this Federal Law.
5. An election commission shall be entitled to refuse to register a candidate, federal list of candidates, ask a court to annul registration of a candidate, list of candidates if the candidate, registered candidate, an electoral association, electoral bloc has misused the freedom of mass information. Having established the fact of misuse of freedom of information the court shall annul registration of a candidate, federal list of candidates.
Article 92. Grounds for the Annulment of a Decision of an Election Commission On Voting Returns, Election Results
1. If a registered candidate, an electoral association, electoral bloc has committed violations indicated in Clause 91 of this Federal Law but the violations were discovered after official publication of election results, the Central Election Commission of the Russian Federation may apply to the Supreme Court of the Russian Federation and request that the election of the candidate, federal list of candidates be declared null and void.
2. The decision of an election commission on the election results may be annulled by a court if the court establishes that the violations indicated in Clause 91 of this Federal Law have taken place and this does not make it possible reliably to establish the results of the expression of the voters' will.
3. A court of an appropriate level may also annul a decision of an election commission on the voting returns and election results in an electoral precinct, territory, single-mandate electoral district, the federal electoral district if breaches have been committed in respect of the rules for compilation of voter lists, procedures for the formation of election commissions, voting and vote counting (including interference with their monitoring), determination of election results, other provisions of this Federal Law, if these actions (inaction) do not allow the results of the expression of the voters' will to be reliably determined.
4. A court of an appropriate level, a district election commission, the election commission of a Subject of the Russian Federation, the Central Election Commission of the Russian Federation may annul a decision of a precinct, territorial, district election commission on the voting returns and election results in cases provided by this Federal Law.
5. If voting returns in more than one-fourth of electoral precincts have been voided, the election in the given single-mandate electoral district or the federal electoral district shall be declared null and void. If voting returns for the federal electoral district have been voided in more than one-third of electoral districts, the election in the federal electoral district shall be declared null and void.
6. The decision concerning the election results shall not be annulled because of violations which were conducive to the election of candidates, registered candidates or which aimed to encourage or encouraged voters to vote for candidates, registered candidates who have not been elected according to the voting returns or for federal lists of candidates which have not taken part in the distribution of deputy mandates.
Article 93. Responsibility for Violation of Electoral Rights of Citizens
1. Subject to criminal, administrative or other responsibility under federal laws shall be the persons who:
(a) by coercion, deception, threats, forgery or other methods prevent a citizen of the Russian Federation from freely exercising the right to elect and be elected,
(b) take advantage of their official position or status to gain election,
(c) coerce citizens into or prevent them from putting their signatures in support of a candidate, an electoral association, electoral bloc or participate in the forgery of such signatures,
(d) bribe voters, i.e., commit an act prohibited by Clause 2 Article 60 of this Federal Law,
(e) have not gathered and updated information about registered voters (voter lists) in due time,
(f) disseminate patently false information about candidates or do other acts and actions damaging the honor and dignity of candidates,
(g) violate the rights of election commission members, including non-voting members, observers, foreign (international) observers, agents of candidates, agents and authorized representatives of electoral associations, electoral blocs, media representatives, including the right to receive information and copies of electoral documents in due time and to certify the said documents,
(h) violate the election campaigning rules, including persons who conduct propaganda on the day preceding voting day and on voting day,
(i) engage in charity activities or produce and distribute commercial and other advertising materials in violation of this Federal Law,
(j) fail to create conditions for holding mass events when they are obligated to do so by law,
(k) violate the rules of election campaign funding established by this Federal Law,
(l) have concealed the remaining ballots or produced extra ballots, absentee certificates which were not registered by an election commission,
(m) obstruct or unlawfully interfere with the work of election commissions or the activity of commission members related to the performance of their duties,
(n) obstruct voting on voting premises,
(o) violate the secrecy of voting,
(p) force voters to vote against their own choice,
(q) forge electoral documents, draw up and issue false documents, deliberately falsify vote counting or determination of election results, have not presented or published information about voting results in default of their duties,
(r) violate the rights of citizens to examine voter lists,
(s) issue ballots to citizens to allow them to vote for other persons or vote more than once in the course of the same voting, or issue marked ballots to citizens,
(t) fail to submit or publish reports on the expenditure of funds allocated for the preparation and conduct of the election, financial reports of candidates, registered candidates, electoral associations, electoral blocs,
(u) employers refusing to grant a leave of absence for participation in the election in accordance with this Federal Law or a temporary release from work for performance of civil duties,
(v) officials of state bodies who have failed to check information about violations of this Federal Law, other federal laws when requested to do so by election commissions, and have done nothing to stop these violations.
2. In accordance with Russian Federation laws on administrative offences a precinct, territorial, district election commission and the election commission of a Subject of the Russian Federation, the Central Election Commission of the Russian Federation shall be entitled to draw up a protocol of administrative offences committed by a candidate, registered candidate, an authorized representative of an electoral association, electoral bloc and by other persons in cases provided by this Federal Law.
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