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Яндекс цитирования


22.12.2024, воскресенье. Московское время 13:25


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Charter VI. Status of Registered Candidates

Article 40. Equality of Registered Candidates

Article 41. Guarantees for the Activity of a Registered Candidate

Article 42. Agents of a Registered Candidate

Article 43. Withdrawal of a Candidate, Registered Candidate


ARTICLE 40. 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 the civil or municipal service or work in the mass media under a labor agreement or a civil-law contract shall be released from the performance of their official duties during their participation in the election of the President of the Russian Federation .Within three days after registration, they shall submit to the Central Election Commission of the Russian Federation a certified copy of the relevant order (directive) or copies of the documents certifying that in this period they applied for the release from their duties, and they shall not take advantage of their official position or status. The President of the Russian Federation running for election for a second term or the Chairman of the Government of the Russian Federation who, under the Constitution of the Russian Federation, acts as President of the Russian Federation and is a registered candidate shall continue to exercise his/her powers but shall not take advantage of his/her official position.

4. Violations of the principle of equal suffrage committed by taking advantage of one's official position and status are listed in Clause 4 Article 35 of this Federal Law.

5. Registered candidates holding government offices of category «A» or elective municipal offices shall carry on election campaigning only when the are off duty (on leave, on weekends and holidays, on other days off). This rule shall not apply when the said registered candidates use free air time on the channels of the state and municipal TV and radio broadcasting organizations in accordance with Article 49 of this Federal Law.

6. Officials, journalists and creative staff of TV and radio broadcasting organizations and editorial offices of print media shall not participate in highlighting the election campaign through the mass media if these persons are registered candidates or their agents, authorized representatives for financial matters of registered candidates, authorized representatives of electoral associations, electoral blocs, initiative groups of voters which nominated registered candidates.

7. Compliance with the restrictions imposed by this Article shall not prevent deputies, elected officials from exercising their powers and performing their duties in respect of voters.

8. In the course of an election campaign no charity activities shall be carried on by registered candidates and their authorized representatives for financial matters and agents, electoral associations, electoral blocs which nominated registered candidates, electoral associations comprised in such electoral blocs, authorized representatives of electoral associations, electoral blocs which nominated registered candidates, members and authorized representatives of initiative groups of voters which nominated registered candidates and organizations whose founders, owners or possessors are and/or whose governing or supervisory bodies include the said persons and/or organizations (representatives of such organizations) as well as other natural persons and legal entities acting on the request or on the instructions of the said persons and/or 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 registered candidates and their authorized representatives for financial matters and agents, electoral associations, electoral blocs, initiative groups of voters which nominated registered candidates and their authorized representatives.

ARTICLE 41. Guarantees for the Activity of a Registered Candidate

1. Upon a registered candidate's request or report the management of the organization, the commanding officer of the military unit, the head of the internal affairs body where a registered candidate works, serves or undergoes military training shall release the registered candidate from work, service, study on any day and for any time during the period from the date of the candidate's registration by the Central Election Commission of the Russian Federation to the day of official publication of the election results. If a registered candidate is released from work, service, the Central Election Commission of the Russian Federation shall pay the registered candidate monetary compensation in the amount of his/her average monthly wage (salary, pay) from the state budget funds allocated for the preparation and conduct of the election. The said compensation shall be paid from the funds allocated from the federal budget for the preparation and conduct of the election of the President of the Russian Federation and shall not exceed by more than 20 times the minimum monthly wage established by the federal law as of the day on which a decision to call (hold) the election of the President of the Russian Federation 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 candidate's main place of work or service granting an unpaid leave to the candidate.

2. A registered candidates shall be entitled to payment of compensation for travel expenses incurred in the use of any means of public transport within the territory of the Russian Federation, with the exception of taxi and chartered trips. A registered candidate shall be compensated for the cost of tickets for suburban transport (not more than 30 trips) and inter-city transport (not more than 89 trips from the place of residence indicated by him/her in the statement expressing the consent to nomination to the center of the Subject of the Russian Federation and back) - upon production of the tickets, and for the cost of passes - upon production of passes for the corresponding period.

3. Travel expenses of a registered candidate shall be compensated for 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 of the President of the Russian Federation.

4. No monetary compensation and no compensation for travel expenses shall be paid after a registered candidate submits the final financial report to the Central Election Commission of the Russian Federation within the period established by this Federal Law.

5. A registered candidate shall not be dismissed from his/her job on the initiative of the administration (employer); expelled from an educational establishment; transferred to another job, including jobs in other localities, or sent on business trips without his/her consent; called up for military or alternative (civil) service or military training. The time of participation of a registered candidate in the election of the President of the Russian Federation shall be included in his/her overall service record in accordance with his/her specialty before registration.

6. A registered candidate shall not be subjected to criminal prosecution, arrested and no administrative punishments shall be imposed on the registered candidate by a court without the consent of the Prosecutor General of the Russian Federation. Having given such a consent, the Prosecutor General of the Russian Federation shall serve a notice to this effect on the Central Election Commission of the Russian Federation.

7. A registered candidate, his/her agent shall be entitled to receive from the appropriate election commission of the Subject of the Russian Federation a list of electoral precincts, indicating their boundaries, the addresses and telephone numbers of territorial and precinct election commissions, addresses of voting premises.

8. A registered candidate shall lose the rights and shall be released from the obligations connected with the status of a registered candidate from the day of official publication of the general election results. If the Central Election Commission of the Russian Federation appoints the repeat voting, registered candidates whose candidatures are not involved in the repeat voting shall lose their status from the day on which the Central Election Commission of the Russian Federation appointed the date of the repeat voting. In the case provided by Clause 3 Article 73 of this Federal Law a registered candidate who takes the place of the registered candidate who withdrew from the election shall regain the rights and obligations connected with the status of a registered candidate.

ARTICLE 42. Agents of a Registered Candidate

1. A registered candidate may have up to 600 agents. These persons shall be registered by the Central Election Commission of the Russian within three days after receipt of a written statement from a registered candidate about appointment of agents and a written statement of the person expressing his/her consent to be an agent of the candidate. These statements shall indicate the first, middle and last name of the agent, his/her date of birth, main place of work or service (occupation, if there is no main place of work or service), position, address of the place of residence (the name of the Subject of the Russian Federation, raion, city or town, 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. The list of agents shall be submitted to the Central Election Commission of the Russian Federation in a printed and a machine-readable form according to a form established by the Central Election Commission of the Russian Federation.

2. Agents of a registered candidate shall receive a certificate from the Central Election Commission of the Russian Federation. The administration (employer) shall grant an unpaid leave of absence to agents on their request for the period indicated in Clause 1 Article 41 of this Federal Law.

3. Agents of a registered candidate shall carry on campaigning and other activities which are conducive to the election of the registered candidate. An agent shall also be granted the powers of an observer.

4. Registered candidates who appointed agents may, at any time, recall them and appoint other agents in their place by serving an notice to this effect on the Central Election Commission of the Russian Federation, which shall annul the certificates issued to the recalled agents. Agents may, at any time, resign their powers on their own initiative by returning their certificates to the Central Election Commission of the Russian Federation and serving a notice to this effect on a registered candidate.

5. The powers of agents of a registered candidate shall commence from the day on which agents are registered by the Central Election Commission of the Russian Federation and end upon the loss of the status by the registered candidate who appointed the agents, save as provided otherwise by Clause 4 of this Article, but not later than the day of official publication of the general election results or, 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 43. Withdrawal of a Candidate, Registered Candidate

1. A candidate may, at any time, withdraw his/her statement expressing the consent to run by serving a written notice to this effect on the Central Election Commission of the Russian Federation. Such a notice shall be irrevocable.

2. A registered candidate may, at any time but not later than five days prior to voting day, withdraw his candidature by submitting a written application to the Central Election Commission of the Russian Federation. Such an application shall be irrevocable. Based on the received application the Central Election Commission of the Russian Federation shall, within 24 hours, annul registration of the registered candidate who submitted such an application.

3. Subject to a decision of the body which nominated a candidate, registered candidate an electoral association, electoral bloc may, at any time but not later than five days prior to voting day, recall the candidate, registered candidate by submitting a written application to the Central Election Commission of the Russian Federation. The said application shall be irrevocable. If a registered candidate has been recalled, the Central Election Commission of the Russian Federation shall annul registration of the candidate and shall collect from the electoral association, electoral bloc the federal budget funds received by the registered candidate.

4. Having taken a decision to annul registration of a candidate the Central Election Commission of the Russian Federation shall promptly serve an appropriate notice on the person in respect of whom the decision was taken and shall issue a copy of the decision to this person.

5. The Central Election Commission of the Russian Federation shall declare a candidate, registered candidate withdrawn from the election if he/she dies, pronounced dead or if a candidate, registered candidate is no longer eligible for election to the office of President of the Russian Federation.

6. If there remain less than two registered candidates by voting day, the Central Election Commission of the Russian Federation shall postpone the election of the President of the Russian Federation by not more than 90 days for additional nomination of candidates and performance of subsequent electoral actions.

7. If the circumstances indicated in Clause 6 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 4 Article 80 of this Federal Law, all expenses incurred by the Central Election Commission of the Russian Federation in the preparation and conduct of the election shall be collected from this registered candidate, electoral association, electoral bloc, respectively. If the obligation to compensate for these expenses is imposed on an electoral bloc, the amounts required for compensation 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, unless another method of division is envisaged in the agreement on the establishment of this electoral bloc submitted to the Central Election Commission of the Russian Federation.

8. In this Federal Law the reasons compelling a registered candidate to withdraw his/her candidature or an electoral association, electoral bloc to recall a registered candidate mean certified incapacitation, serious illness, persistent health problems of a registered candidate or his close relatives.

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