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Chapter VII. Status of Registered Candidates
Article 48. Equality of Registered Candidates
Article 49. Guarantees for the Activity of Registered Candidates
Article 50. Agents of Registered Candidates, Electoral Associations, Electoral Blocs
Article 51. Withdrawal of Candidates, Registered Candidates, Electoral Associations, Electoral Blocs
Article 48. Equality of Registered Candidates
1. All registered candidates shall have equal rights and bear equal obligations, except as provided otherwise by 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», other federal laws.
2. Registered candidates holding government offices of category «A» according to the federal law «On the Basic Principles of the Civil Service in the Russian Federation» and registered candidate holding elective municipal offices shall not take advantage of their official position.
3. Registered candidates who are on civil or municipal service or work in the mass media as staff members or under a contract or labor agreement shall be released from the performance of their official duties during their participation in the election and shall, within three days after registration, submit a certified copy of the relevant order (directive) to the election commission and they shall not take advantage of their official position or status.
4. The list of violations of the principle of equal suffrage committed by taking advantage of the official position and status is given in Clause 2 Article 41 of this Federal Law.
5. Registered candidates holding government offices of category «A» or an elective municipal office shall carry on election campaigning only when they are off duty. This rule shall not apply when a registered candidate is to use free air time on the channels of the state and municipal TV and/or radio broadcasting organizations as provided in Article 56 of this Federal Law.
6. Officials, journalists and creative staff members of TV and/or radio broadcasting organizations and editorial offices of mass media shall not participate in highlighting the election campaign through the mass media if these persons are registered candidates or agents of registered candidates, electoral associations, electoral blocs, or authorized representatives of electoral associations, electoral blocs.
7. Compliance with the restrictions imposed by this Article shall not prevent deputies, elected officials from exercising their powers and performing their obligations to voters.
8. In the course of an election campaign no charity activities shall be carried on by registered candidates, electoral associations, electoral blocs which have registered federal lists of candidates or nominated a candidate registered in a single-mandate electoral district, by associations comprised in electoral blocs which have registered federal lists of candidates or nominated registered candidates in single-mandate electoral districts, by agents and authorized representatives of such electoral associations, electoral blocs, by agents of registered candidates and by organizations whose founders, owners or possessors are and/or whose governing bodies include the said persons and organizations and also by other natural persons and legal entities acting on the request or on instructions of the said persons and organizations. The said persons and organizations shall not ask other natural persons and legal entities to render material and financial aid or services to voters and organizations. Natural persons and legal entities shall not carry on charity activities on behalf or in support of candidates, registered candidates, electoral associations, electoral blocs, their authorized representatives and agents.
Article 49. Guarantees for the Activity of Registered Candidates
1. Upon a candidate's request, report the management of an enterprise, institution, organization, the commander of a military unit, the head of an internal affairs body where the registered candidate works, serves or undergoes military training shall without delay release the registered candidate from work, service, study on any day and at any time during the period from the date of the candidate's registration by the appropriate election commission to the day of the official publication of the election results. If a candidate is released from work, service, the appropriate election commission shall pay the registered candidate monetary compensation in the amount of his/her average monthly wage (salary, pay), which shall not exceed by more than 10 times the minimum wage established by the federal law as of the day on which a decision to call (hold) the election was officially published. The monetary compensation shall be paid to the registered candidate for the period during which he/she is released from the main work on the basis of an order of the management of the main place of work granting the candidate an unpaid leave.
2. A candidate registered in a single-mandate electoral district shall be compensated for the cost of fare of urban and suburban public transport (not more than 30 trips) and inter-city public transport within the territory of the given district (not more than four trips). In cities where there are several electoral districts a candidate registered in one of these districts shall be compensated for travel expenses in the amount equal to the cost of one pass for all means of urban transport. If a registered candidate lives outside a single-mandate electoral district where he/she runs for election the travel expenses shall be additionally compensated for four trips by public railway, water or motor transport or the cost of two air tickets for a round trip to the electoral district. Payment for trips of a candidate registered in a single-mandate electoral district shall be made from the funds allocated from the federal budget to the appropriate election commission for the preparation and conduct of the election.
3. A registered candidate included in the federal part of a federal list of candidates shall be compensated for the cost of fare for two trips within the territory of the Russian Federation by any means of inter-city public transport. A registered candidate included in the regional part of a federal list of candidates shall be compensated for the cost of fare of public urban and suburban transport (not more than thirty trips) and public inter-city transport (not more than four trips) within the region where the candidate is included in the regional group of candidates. If a registered candidate resides outside the region where he/she is included in the regional group, he/she shall be additionally compensated for travel expenses incurred in four round trips to the region by public railway, water or motor transport or two round trips by air transport. Payment for these trips shall be made by the Central Election Commission of the Russian Federation from the funds allocated from the federal budget for the preparation and conduct of the election.
4. Registered candidates shall be compensated for travel expenses incurred from the day of their registration to the day of official publication of the election results. No compensation shall be paid for taxi trips and the use of chartered transport. Travel expenses for suburban and inter-city trips shall be compensated upon production of tickets bought for the trips (from the point of departure to the point of destination) and for urban trips - upon production of a pass for the appropriate period.
5. No monetary compensation and no compensation for travel expenses shall be paid after the final financial report has been submitted to the appropriate election commission by a registered candidate, an electoral association, electoral bloc that registered the federal list of candidates.
6. During the period indicated in Clause 1 of this Article a registered candidate shall not be dismissed from his/her job; expelled from an educational establishment; transferred to another job or position including jobs in other localities or sent on business trips by the management (employer) without his/her consent; called up for military or alternative service or military training. The time of participation of a registered candidate in the election shall be included in his/her overall service record in accordance with his/her specialty before 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 the candidate by a court without the consent of the Procurator General of the Russian Federation. Having given such a consent, the Procurator General of the Russian Federation shall serve a notice to this effect on the election commission which has registered the candidate.
8. A candidate registered in a single-mandate electoral district, an authorized representative of an electoral association, electoral bloc which has registered a federal list of candidates shall be entitled to receive from the appropriate district election commission a list of electoral precincts indicating their boundaries, the addresses and telephone numbers of territorial and precinct election commissions, addresses of voting premises.
Article 50. Agents of Registered Candidates, Electoral Associations, Electoral Blocs
1. A candidate registered in a single-mandate electoral district shall be entitled to appoint up to 20 agents and an electoral association, electoral bloc which registered a federal list of candidates up to 500 agents. These persons shall be registered with the district election commission and the Central Election Commission of the Russian Federation, respectively. Election commissions shall register agents within three days upon receipt of a written request of a candidate or an electoral association, electoral bloc and a statement of the person expressing his/her consent to be an agent. The statement or request in respect of each candidature of an agent shall indicate the first, middle and last name, date of birth, main place of work or service (occupation if there is no main place of work or service), position, place of residence (the name of the Subject of the Russian Federation, raion, city, other populated center, street, number of the house and the apartment), series and number of the passport or an equivalent identity paper, date of its issuance.
2. Agents shall receive official cards from an election commission. The administration (employer) shall grant an unpaid leave of absence to agents on their request for the period indicated in Clause 1 of Article 49.
3. Agents shall carry on campaigning and other activities which are conducive to the election of a registered candidate (list of candidates). An agent shall also exercise the powers of an observer.
4. Registered candidates, electoral associations, electoral blocs that have appointed agents may, at any time, recall them and appoint other agents in their place by serving an appropriate notice on the election commission which shall annul the cards issued to the recalled agents. Agents may, at any time, resign their powers on their own initiative by returning their cards to the election commission and serving an appropriate notice on a registered candidate, an electoral association, electoral bloc.
5. The powers of agents shall commence from the day on which agents are registered by the appropriate election commission and end upon the loss of the status by a registered candidate who appointed the agents, or upon the loss of their status by all candidates nominated on a federal list of candidates by an electoral association, electoral bloc which appointed the agents, save the case indicated in Clause 4 of this Article but not later than the day of official publication of the general election results and, if complaints about violations of this Federal Law are being investigated by a court, not later than the date of the final decision of the court.
Article 51. Withdrawal of Candidates, Registered Candidates, Electoral Associations, Electoral Blocs
1. A candidate nominated in a single-mandate electoral district may, at any time, withdraw his/her statement expressing the consent to run for election, by serving a written notice to this effect on the appropriate election commission. Such a notice shall not be recalled.
2. A candidate registered in a single-mandate electoral district may, at any time but not later than three days prior to voting day, withdraw his/her candidature by submitting a written application to the appropriate district election commission. Such an application. shall not be recalled. Based on the received application the district election commission shall, within 24 hours, annul registration of the candidate who has submitted the application. If a registered candidate withdraws his candidature without compelling reasons, the district election commission shall collect from the candidate the funds received by the candidate from the federal budget for the conduct of the election campaign.
3. A candidate, registered candidate on a federal list of candidates may, at any time but not later than five days prior to voting day, refuse to continue participation in the election on the federal list of candidates by submitting a written application to the Central Election Commission of the Russian Federation. Such an application shall not be recalled. Based on the received application the Central Election Commission of the Russian Federation shall, within 24 hours, eliminate the registered candidate from the given federal list.
4. The actions listed in Clauses 1 - 3 of this Article shall not deprive the person who undertook them of a right to be nominated again in the same election in any electoral district in accordance with the procedure and within the period established by this Federal Law.
5. At any time but not later than five days prior to voting day, an electoral association, electoral bloc which registered a federal list of candidates shall be entitled to recall the federal list of candidates by submitting an appropriate written application to the Central Election Commission of the Russian Federation. The said application shall not be recalled.
6. An electoral association comprised in an electoral bloc may, at any time but not later than five days prior to voting day, refuse to participate in the election within the given electoral bloc subject to a decision of the duly authorized body of this electoral association by submitting a written application to the Central Election Commission of the Russian Federation. After this, the given electoral association may act as an independent electoral association or join another electoral bloc in accordance with the procedure and within time limits established by this Federal Law. If, after the Central Election Commission of the Russian Federation has certified the copy of a list (lists) of candidates nominated by an electoral bloc, all electoral associations comprised in the given electoral bloc with the exception of one electoral association refuse to participate in the election, this electoral association may continue to participate in the election as an electoral association using the name and symbols and assuming the rights and obligations of the electoral bloc which has submitted the list of candidates. This right shall not apply if registration of a federal list of candidates has been refused or its registration has been annulled in accordance with Clause 11 of this Article.
7. Refusal of an electoral bloc to participate in the election shall not deprive the electoral associations comprised in this electoral bloc of the right to participate in this election, for which candidates shall be nominated once again and other electoral actions shall be carried out in accordance with a procedure established by this Federal Law.
8. An electoral association on the basis of its statute, an electoral bloc by a decision of the duly authorized representatives of electoral associations comprised in the bloc shall be entitled to remove some candidates (registered candidates) from the federal list certified by (registered with) the Central Election Commission of the Russian Federation at any time, however, not later than five days prior to voting day.
9. An electoral association in accordance with its statute, an electoral bloc by a decision of the representatives duly authorized by electoral associations comprised in the bloc may, at any time but not later than five days prior to voting day, recall the candidate, registered candidate nominated by them in a single-mandate electoral district by submitting a written application to this effect to the appropriate district election commission. If the recalled candidate is a registered candidate, the district election commission shall collect from the electoral association, electoral bloc the budget funds received by the registered candidate.
10. An election commission which took a decision to annul registration of a candidate shall promptly 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.
11. If the number of candidates, registered candidates eliminated from a federal list of candidates on the basis of their applications or by the decision of an electoral association, electoral bloc exceeds 25 percent of the total number of candidates on the certified federal list of candidates or in the event of withdrawal of one of or several candidates occupying the first three places in the federal part of the certified federal list of candidates (if their withdrawal is not due to compelling reasons indicated in Clause 16 of this Article) the Central Election Commission of the Russian Federation shall refuse to register the list of candidate or shall annul its registration.
12. No new persons shall be put on the list of candidates and no changes shall be made in the order in which the candidates are arranged on the list except the cases when such changes result from the withdrawal of some candidates and the case provided by Clause 10 Article 38 of this Federal Law. If changes are made in a federal list of candidates in accordance with a procedure conforming to this Federal Law and to the statute of an electoral association, agreement on the formation of an electoral bloc, this shall not be used as a reason for the refusal to register a federal list, annulment of a decision to register a federal list of candidates.
13. If an electoral association, electoral bloc recalls its federal list of candidates in accordance with Clause 5 of this Article without any compelling reasons or if registration of a federal list of candidates has been annulled in accordance with Clause 11 of this Article, the Central Election Commission of the Russian Federation shall collect federal budget funds from the electoral association, electoral bloc which received them.
14. If, by voting day, no registered candidates or only one registered candidate remains in an electoral district or if no registered federal lists of candidates or only one such list remains in the federal electoral district, by a decision of the district election commission, Central Election Commission of the Russian Federation, respectively, the election shall be postponed for a period not exceeding two months in a single-mandate electoral district and three months in the federal electoral district for additional nomination of candidates, lists of candidates and performance of subsequent electoral actions.
15. If the circumstances indicated in Clause 14 of this Article result from the fact that a registered candidate has withdrawn his/her candidature or an electoral association, electoral bloc has recalled a registered candidate without compelling reasons or registration of a candidate has been annulled in accordance with Clause 3 or 5 Article 91 of this Federal Law or an electoral association, electoral bloc has recalled a registered federal list of candidates without compelling reasons or registration of a federal list of candidates has been annulled in accordance with Clause 11 of this Article, Clauses 3 or 5 Article 91 of this Federal Law, all expenses incurred by the appropriate election commission in the preparation and conduct of the election shall be collected from this registered candidate, electoral association, electoral bloc. If the obligation to compensate for these funds is imposed on an electoral bloc, the said funds shall be equally divided between the electoral associations comprised in the given bloc as of the date on which the 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, unless another method of division is envisaged in the agreement on the establishment of the bloc submitted to the Central Election Commission of the Russian Federation.
16. In this Federal Law the reasons compelling a registered candidate to withdraw his/her candidature or an electoral association, electoral bloc to recall a candidate mean the pronouncement of a registered candidate to be incompetent, serious illness, persistent health problems of a registered candidate or his next of kin. The reasons compelling an electoral association, electoral bloc to recall a registered candidate mean the pronouncement of a registered candidate to be incompetent, serious illness, persistent health problems of a registered candidate. The reasons compelling an electoral association, electoral bloc to recall a federal list of candidates mean withdrawal due to compelling circustances or death or presumptive death of candidates who occupied the top three places in the federal part of the federal list, over 50 percent (but not less than six) candidates from the federal part of the federal list of candidates, incapacitation of more than 25 percent of the candidates on the federal list of candidates.
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