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I. General Provisions
1.1. In accordance with Federal Law N 90-FZ «On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation», dated June 21, 1995, candidates for deputy of the State Duma and electoral associations (blocs) shall form their own election monetary assets to finance election campaigns. Assets of electoral funds shall be kept in special temporary accounts with branches of the Savings Bank of the Russian Federation. The right to dispose of assets of electoral funds for the said purposes shall be exclusively vested in the candidate or electoral association (bloc) that formed this fund.
II. Procedures for Forming Electoral funds
2.1. Electoral funds of candidates for deputy may be formed at the expense of the following monetary assets:
funds allocated to a candidate for an election campaign by the district election commission which registered him;
candidates own funds the amount of which may not exceed 43.7 mil rubles;
fund which have been allocated to a candidate by an electoral association (bloc) that nominated him and the amount of which may not exceed 65.55 mil rubles;
voluntary contributions by natural and legal persons. The amount of a contribution of a natural person may not exceed 874.0 thou rubles. The amount of a contribution of a legal entity may not exceed 8.74 mil rubles.
The ceiling amount of expenditures of a candidate for deputy from assets of the election fund may not exceed 437.0 mil rubles.
2.2. Electoral funds of electoral associations (blocs) may be formed at the expense of the following Monetary Assets:
funds allocated to an electoral association (bloc) for an election campaign by the relevant election commission;
electoral association (bloc1) own funds the amount of which may not exceed 4370.0 mil rubles;
voluntary contributions by natural and legal persons. The amount of a contribution of a natural person may not exceed 1311 thou rubles. The amount of a contribution of a legal entity may not exceed 87.4 mil rubles.
The ceiling amount of expenditures of an electoral association (bloc) from assets of the election fund may not exceed 10,925 mil rubles.
2.3. Only funds remitted to electoral funds shall be permitted to be used for the purpose of an election campaign.
2.4. The following shall not be permitted to contribute to electoral funds of candidates for deputy and electoral associations (blocs):
foreign states, organizations and citizens;
persons without citizenship;
Russian legal entities with a foreign participation if the share of foreign capital in their authorized capital exceeds 30 percent;
international organizations and international public movements;
bodies of local self-government, state and municipal enterprises, institutions and organizations;
military units, military institutions and organizations;
charity organizations and religious associations.
2.5. If voluntary contributions have been entered into the electoral funds of candidates for deputy and electoral associations (blocs) by natural persons or legal entities who do not have the right to make such contributions, or in excess of the amounts established by the law, candidates and electoral associations (blocs) shall be obliged to return to donors these contributions, respectively, in full or the portion which exceeds the established amount, identifying the reason for the return prior to submitting a financial statement to the election commission. Upon the order of the account holders branches of the Savings Bank shall return the said amounts less costs for their remittance incurred by communications enterprises. Anonymous contributions shall be remitted in favor of the state.
2.6. Within a three day period, branches of the Savings Bank shall be obliged to submit to the relevant election commissions Form N 1 reports (attached) concerning funds remitted to special temporary accounts of electoral funds of candidates for deputy and electoral associations (blocs). The said information in respect to their electoral funds shall also be submitted to candidates for deputy, electoral associations and blocs.
III. Procedures for Opening Special Temporary Accounts and Remitting Monetary Assets
3.1. A candidate for deputy who has registered with the district election commission and who has received a deputy identification card, shall acquire the right to open a special temporary account to form his own election fund with the branch of the Savings Bank of the Russian Federation or at his place of residence, or in the election district where he runs for the office. A candidate for deputy shall be obliged to inform the election commission in writing in accordance with Form N 2 (attached) about the details of the Savings Bank branch with which he has decided to open an account of his election fund. The account shall be opened in the name of the candidate for deputy upon the submission by him to the Savings Bank branch of the passport, candidate for deputy identification card and the Form N 3 written application (attached) from the district election commission which shall be issued to the candidate within a three day period after the submission by him of information in accordance with Form N 2.
3.2. An electoral association (bloc) which has registered the federal list of candidates for deputy of the State Duma of the Federal Assembly of the Russian Federation with the Central Election Commission of the Russian Federation, shall acquire the right to open a special temporary account with the branch of the Savings Bank of the Russian Federation to form its own election fund. For these purposes the electoral association (bloc), upon the adoption by the Central Election Commission of the Russian Federation of a decision concerning the registration of the federal list of candidates for deputy, shall be obliged to request that the Central Election Commission, in accordance with Form N 2, register the documents required to open a special temporary account.
The Savings Bank branch shall open a special temporary account for the electoral association or bloc on the basis from an application of the electoral association (bloc), the Form N 3 written application from the Central Election Commission which shall be issued to the electoral association (bloc) within a three day period after the submission by them of information in accordance with Form N 2, as well as two cards with signature specimens of persons authorized by the electoral association (bloc) to dispose of assets of its election fund and with the seal print, filled in according to the established procedure and certified by the Central Election Commission.
3.3. A candidate for deputy and an electoral association (bloc) shall have the right to open only one special temporary account to form his own election fund.
3.4. Election commissions shall remit monetary assets allocated to candidates for deputy and electoral associations (blocs) for election campaigns on the basis of a written message in which a candidate for deputy and an electoral association (bloc) shall specify, in accordance with Form N 4 (attached), details of accounts opened by them with the branch of the Savings Bank to form the election fund.
3.5. Voluntary contributions to electoral funds of candidates for deputy and electoral associations (blocs) shall be received from natural persons by bank institutions and communications enterprises only upon the presentation of the passport or an identification card of a citizen of the Russian Federation used in place of it. The donor shall specify in payment documents his last, first and patronymic name (in full), place of residence which shall be verified by bank institutions or communications enterprises with the information contained in the passport or identification card used in place of it.
3.6. Voluntary contributions by legal entities to electoral funds of candidates for deputy and electoral associations (blocs) shall be made only by way of a wire transfer of monetary amounts to their special temporary election accounts.
In this respect, the share (in percentage) of foreign capital in the authorized capital of the legal entity as of the date of the remittance of funds shall be specified or an entry stating that foreign capital in the authorized capital of the said legal entity is absent shall be made in the «Payer» line of the payment order. If contributions from legal entities without indication of the presence of foreign capital enter the election fund of the candidate for deputy or electoral association (bloc), then the candidate for deputy or electoral association (bloc) shall be obliged to return these funds to the donor or receive official information concerning the presence of foreign capital in the donor authorized capital.
3.7. All monetary assets shall be entered into election fund accounts in rubles. Remittance in foreign currency shall be prohibited. No revenues in respect to these accounts shall accrue and be paid.
3.8. A candidate for deputy, electoral associations or blocs shall regularly familiarize himself with information concerning sources and amounts of contributions of monetary assets to the account of his own election fund with the Savings Bank branch.
3.9. When a candidate for deputy withdraws from candidacy or an electoral association (bloc) recalls a registered candidate without due cause, the election commission may attribute to the account of the candidate or electoral association (bloc) the relevant portion of expenses incurred by it, including funds allocated to the candidate or electoral association (bloc) by the election commission for the election campaign.
If the court repeals the decision concerning the registration of a candidate for deputy or federal list of candidates for deputy, the election commission shall be obliged to recover from the said candidate or electoral association (bloc) the relevant portion of expenses incurred by it.
IV. Accounting for and Spending of Assets of Electoral funds
4.1. Candidates for Deputy and electoral associations (blocs) shall account for receipt and spending of assets of their electoral funds in accordance with Form N 5 (attached).
4.2. Monetary assets of electoral funds of candidates for deputy and electoral associations (blocs) may be used to publish and disseminate propaganda materials2, to pay for announcements and speeches and articles of candidates for deputy in mass media, to pay for costs related to carrying out election campaign meetings, meetings with voters, meetings, marches, rallies as well as other purpose designated election campaign events.
Candidates for Deputy, electoral associations (blocs) and their authorized representatives shall not be entitled to award voters with monetary assets, gifts, carry out sales of goods at discount prices, gratuitously distribute any goods, except for printed items including illustrated materials as well as badges especially made for the election campaign.
After the registration the candidate for deputy shall not be entitled to use advantages of his position in order to be elected.
4.3. Paid works and services carried out by enterprises and organizations for candidates for deputy and electoral associations (blocs) shall be registered in writing (contract, invoice, certificate). Contracts shall contain details of the parties, information concerning the volume of work ordered, its value and settlements in respect to types of work, method of payment, time term of the fulfillment of work, responsibilities of the parties and other terms and conditions.
Fulfilled work and services shall be confirmed by certificates of their acceptance or by invoices for products delivered which shall be signed by the customer (candidate for deputy, persons authorized by the electoral association or bloc to dispose of monetary assets of the election fund) and the work (service) provider.
The said works and services shall by paid for by way of wire transfer of amounts from accounts of candidates for deputy and electoral associations (blocs).
A labor or civil and legal contract in writing shall be concluded with natural persons drawn up by a candidate for deputy and electoral association (bloc) to carry out their election campaign propaganda on a chargeable basis. The contract shall specify the last, first and patronymic name of the person drawing up, passport details, list of work fulfilled, time terms of their fulfillment and payment amount.
4.5. Upon a written request of the relevant election commission, branches of the Savings Bank shall be obliged, within a three day period, to submit to the commission information in accordance with Form N 6 (attached) concerning the spending of monetary assets which are kept in special temporary accounts of candidates and electoral associations (blocs).
4.6. All financial operations concerning the spending of assets in respect to special temporary accounts of candidates and electoral associations (blocs) shall be terminated on the election day. On the basis of the relevant request of the candidate or electoral association (bloc), the Central Election Commission of the Russian Federation and district election commission may grant a permit in writing to extend the period of carrying out financial operations involving payment of expenses effected prior to the election date upon the submission of candidates for deputy and electoral associations (blocs) of the relevant documents justifying the necessity for such an extension, however, for not more than 15 days after the date of holding elections.
V. On Taxation
5.1. In accordance with Federal Law N 29-03 «On Introduction of Amendments and Supplements to Certain Laws of the Russian Federation on Taxes and on Specific Features of Deductions to Certain State Off-budget Funds», dated October 27, 1994:
income tax on assets of electoral funds of candidates for deputy which were received and spent for carrying out the election campaign, as well as accounted for in the established procedures, shall not be calculated and paid;
income received by natural persons from electoral funds of candidates for deputy and electoral associations (blocs) for work performed by those persons which directly relates to carrying out the election campaign, shall not be subject to income tax;
insurance premiums paid to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, State Population Employment Fund of the Russian Federation and obligatory medical insurance funds shall not accrue on assets of electoral funds of candidates for deputy which were received and spent for carrying out the election campaign and accounted for in the established procedures, as well as on income received by natural persons from electoral funds of candidates for deputy and electoral associations (blocs) for work performed by those persons which directly relates to the election campaign.
VI. Reporting and Control
6.1. Candidates for Deputy, electoral associations or blocs shall submit Form N 7 (attached) financial report to the relevant district election commission not later than 30 days after the publication of the election results.
The report shall be accompanied by information concerning sources of revenues and spending of assets of the election fund in accordance with Form N 5 and primary financial documents. In this respect, prior to the submission of the financial report all cash funds left with the candidate as well as funds in cashier offices of electoral associations (blocs) shall be returned to their special temporary accounts. Copies of financial reports shall be transferred by the relevant election commissions to the mass media.
If a candidate for deputy or electoral association (bloc) failed to open an account to form his own election fund, they shall be obliged to inform the relevant election commission in writing within 30 days after the date of the publication of the election returns that no monetary expenses were effected to carry out the election campaign.
6.2. Not later than 30 days after the election day, a candidate and electoral association (bloc) shall return to the relevant election commission unspent monetary assets of the election fund in the amount proportional to the amount of monetary assets allocated to them by the relevant election commission. Upon the expiration of the said period and upon the written instruction of the relevant election commission, branches of the Savings Bank of the Russian Federation shall remit unspent budgetary funds to the account of the election commission in the incontestable procedure.
6.3. Within one month after the submission of the financial report (but not later than two months after the publication of the election results), candidates and electoral associations (blocs) shall return other monetary assets remaining in the accounts of candidates for deputy and electoral associations (blocs) in proportion to contributed funds to organizations and persons that effected contributions and transfers to electoral funds, upon the permission of the relevant election commission. The said amount shall be returned less expenses incurred by communications enterprises and those related to their transfer. Upon the expiration of two months from the publication of the election returns, branches of the Savings Bank shall remit the sum of funds remaining in the account of the candidate for deputy or electoral association to the federal budget.
6.4. In accordance with Article 55 of Federal Law N 90-03 «On Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation», dated June 21, 1995, the control and audit service under the Central Election Commission of the Russian Federation shall be established with the attraction of specialists from state bodies of the Russian Federation in order to exercise control over the sources of revenues, accuracy of accounting for monetary assets of electoral funds and spending thereof by candidates for deputy and electoral associations (blocs).
VII. Liability for Violation of Financial Discipline
7.1. A candidate for deputy and persons authorized to dispose of funds of the election fund of the electoral association (bloc) shall be personally liable for using assets of the election fund, timely submitting reports in accordance with forms established by these Regulations and for the accuracy of the reported information.
7.2. If a candidate for deputy or electoral association (bloc), apart from assets which entered their electoral funds, used other monetary assets to carry out the election campaign, the Central Election Commission and district election commission shall be entitled to request the court to cancel the decision concerning the registration of the candidate or federal list of candidates. The said request shall be considered by the court within a five day period, and immediately if only five days remain until the election day.
In order to determine the occurrence of the violation, the election commission, in accordance with Article 30 of the Federal Law «On Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation», shall be entitled to request assistance from state bodies, bodies of local self-government, public associations, enterprises, institutions and organizations, and their officials shall be obliged to respond to election commission requests within a five day period, and immediately if only five days remain until the election day and on the election day.
7.3. Federal Law N 66-FZ «On Introduction of Amendments and Supplements to the Criminal Code of the RSFSR and the Code of the RSFSR on Administrative Offenses», dated April 28, 1995, shall determine liability for violation of the election legislation, including in respect to financial matters. In particular, in accordance with the said Law:
a failure of a candidate, person elected as deputy or an electoral association (bloc) to submit information concerning the amounts revenues (contributions) to electoral funds and sources of the establishment of electoral funds, as well as the report on all expenses incurred in relation to carrying out elections shall entail the imposition of a penalty on the candidate, person elected as deputy or authorized representative of the electoral association (bloc) in the amount from ten to one hundred times the minimum salary;
illegal acceptance by a candidate to a deputy or electoral association (bloc) of contributions in any form from a foreign state, foreign citizen or foreign organization, from an international organization or international public association, from Russian legal entities with the foreign participation shall entail the imposition of a penalty on the candidate or authorized representative of the electoral association (bloc) in the amount equal to triple the value of the contribution and the confiscation of the contributed items.
1 Electoral association (bloc) own funds shall be formed from the aggregate amount of funds transferred to the said bloc by electoral associations which formed this bloc by their joint decision.
2 In this respect, propaganda materials must contain information about organizations and persons that are responsible for their issuance, as well as date of issue and order number.
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