· by arranging public events (election gatherings and meetings with voters, public debates and discussions, marches, rallies, demonstrations and other election-related events);

· by issuing and/or distributing printed, audiovisual and other propaganda materials; and

· in other forms established by law.

A registered candidate, public association, electoral association, electoral bloc, citizens shall be entitled to determine the form and nature of their propaganda at their own discretion.

The following persons and organizations shall be prohibited from engaging in election propaganda activities, including distribution of any kind of election propaganda materials:

· bodies of state power, bodies of local self-government;

· persons who occupy state or municipal offices, government or municipal employees while they are discharging their official duties;

· military units, military establishments and organizations, servicemen while they are discharging their official duties;

· charity organizations and religious associations;

· voting members of election commissions.

Election propaganda shall start on the day on which candidates are registered and end at 00:00 hours, local time, twenty four hours prior to voting day. When repeat voting is to be conducted, election propaganda may be resumed from the day of official publication of a decision to conduct repeat voting and shall end at 00:00 hours, local time, twenty four hours prior to voting day.

On election day and the preceding day, all kinds of election propaganda shall be prohibited. Printed propaganda materials that were earlier displayed outside buildings and premises of election commissions may remain in place.

For 3 days prior to voting day, and on voting day, any publications of public opinion polls, forecasts of election results and other studies related to the elections shall be prohibited.

Article 49 - General Conditions for the Access of Candidates, Electoral Associations, Electoral Blocs to the Mass Media.

The mass media which are founded (co-founded) by state or municipal bodies, organizations, institutions or which are financed, fully or partly, from the federal budget, budget of the [Subject of the Russian Federation], local budget or other financial resources of bodies of state power or bodies of local self-government as well as the mass media enjoying tax benefits and privileges with regard to mandatory payments to the budget which are not available to other mass media shall provide equal opportunities for election propaganda to registered candidates, electoral associations, electoral blocs.

The mass media which are not mentioned in Part 1 of this article may provide air time, space in publications to registered candidates on a contractual basis. Equal conditions shall be ensured in the provision of and payment for air time and space in publications on a contractual basis. Payment for air time and printed matter may be made only through electoral funds of candidates.

Article 50 - Election Propaganda through TV and Radio

Registered candidates shall be entitled to free air time on the channels of the TV and radio companies indicated in Part 1 Article 49 of this Law if these companies are engaged in TV and radio broadcasting in the territory of the [Subject of the Russian Federation]. This air time shall be provided during prime hours when TV and radio programs attract the largest audiences. The total length of free air time to be made available by each regional TV and radio company to candidates for election propaganda shall be not less than 30 minutes on working days and, if the total broadcasting time of a TV and radio company is less than two hours, not less than one-fourth of the total broadcasting time. This air time shall be distributed between registered candidates on an equal basis. Not less than one-third of the total length of free air time shall be given to candidates for joint debates, roundtable discussions and similar propaganda events. All registered candidates shall be allowed to use this part of free air time on an equal basis.

TV and radio companies which belong to the mass media indicated in Part 1 Article 49 shall reserve paid air time for election propaganda of candidates. This air time shall be made available to candidates for a charge on a contractual basis upon their request. The rates to be charged shall be the same for all candidates. The information about the rates charged by TV and radio companies shall be published by the election commission of the [Subject of the Russian Federation] not later than 60 days prior to voting day. Each candidate shall be entitled to a part of the total reserved air time within its proportion given by the division of this total air time by the total number of registered candidates. The total length of reserved air time shall not be smaller than the total length of free air time allocated in accordance with Part 1 of this article.

Free air time on the channels of the TV and radio companies indicated in Part 1 Article 49 of this Law shall be allocated to registered candidates in accordance with the results of lot-drawing to be organized by the election commission of the [Subject of the Russian Federation] not later than 25 days prior to voting day. Present at lot-drawing may be candidates, authorized representatives of electoral associations, electoral blocs and media representatives.

TV and radio programs relating to elections as well as statements of candidates, representatives of electoral associations, electoral blocs shall not be interrupted by commercials or other advertisements.

Reports about election propaganda activities of candidates, electoral associations, electoral blocs in TV and radio information programs shall, as a rule, be transmitted as a separate block at the beginning of the aforesaid programs and with no comments.

TV and radio programs containing election propaganda materials shall be recorded on video and audio tapes which shall be kept for six months from the day on which these programs were aired.

The expenses of TV and radio companies incidental to the provision of free air time to registered candidates shall be covered from the current budget funding of TV and radio companies.

Article 51 - Election Propaganda in Newspapers, Magazines and Other Print Mass Media

Periodicals which are included in the mass media indicated in Part 1 Article 49 of this Law and are distributed in the territory of the [Subject of the Russian Federation], with the exception of periodicals founded by bodies of state power and bodies of local self-government exclusively for the publication of official reports and documents, statutory and other acts, shall allocate space for the materials provided by registered candidates. The total minimum size of such space shall be not less than 10% of the total printing space of the issues of the said publications put out during the election campaign. Not less than a half of this space shall be made available free of charge at the expense of current budget funding of the given mass media. Specialized periodicals (children's, scientific, technical and others) may refuse to publish any propaganda materials provided they abstain from any form of participation in election propaganda. The procedure for providing space in publications to registered candidates shall be established by the election commission of the [Subject of the Russian Federation] in accordance with federal laws and this Law.

The provisions of Part 1 of this article shall not apply to periodicals founded by registered candidates and by electoral associations, electoral blocs, electoral associations comprised in these blocs which nominated the candidates.

Article 52 - Conditions for Organizing Election Gatherings, Meetings with Voters

State bodies and bodies of local self-government shall assist registered candidates, their agents, electoral associations, electoral blocs, groups of voters in organizing gatherings, meetings with voters, public debates and discussions, marches, rallies, demonstrations and shall ensure security when mass events are held.

Applications for allocation of public premises for such meetings shall be considered by the appropriate state body and bodies of local self-government within 3 days from the date of their submission.

Applications of organizers of rallies, demonstrations and marches shall be considered by bodies of local self-government in accordance with Russian Federation law.

In accordance with applications of district election commissions premises suitable for holding mass events, which belong to the state enterprises, institutions and organizations, shall be made available for meetings with voters to registered candidates, their agents, authorized representative of electoral associations, electoral blocs free of charge for a time to be determined by the commissions. Buildings and structures included in the state register of particularly valuable objects of the cultural heritage of the peoples of the Russian Federation shall not be used for such purposes. If some premises were made available to one of candidates, electoral associations, electoral blocs for holding mass events, the owner of the premises shall not refuse to make the premises available to other candidates, electoral associations, electoral blocs. Election commissions shall ensure equal opportunities to hold mass events for all registered candidates, electoral associations, electoral blocs.

Meetings of candidates and their agents, representatives of electoral associations, electoral blocs with voters - servicemen may be organized only outside military units. Equal conditions shall be provided for holding such meetings to all candidates and their agents, electoral associations, electoral blocs.

Article 53 - Issue and Dissemination of Printed Propaganda Materials

Registered candidates, electoral associations, electoral blocs may freely issue and distribute posters, leaflets and other printed propaganda materials. One copy of each printed propaganda material shall be submitted to the appropriate district election commission.

Printed propaganda materials may be displayed on any premises, on any building, structure or other object with the consent of their owner or possessor. Posting printed propaganda materials on monuments, obelisks, buildings, structures of historical, cultural and architectural value or inside the premises of election commissions and polling stations and at the entrances thereto shall be prohibited.

Not later than 20 days prior to election day, on the recommendation of a district election commission, bodies of local self-government shall designate special places for displaying printed propaganda materials. Such places shall be located where they can be conveniently visited by voters and there shall be no less than one such place within each electoral precinct. Each candidates registered in the given electoral district shall be given equal area for displaying printed propaganda materials.

Printed propaganda materials shall contain information clearly indicating the name and address of the organization (first, middle and last names and residential addresses of the persons) which (who) produced the printed materials, the name of organization (first, middle and last name of the person) which (who) ordered the given printed materials and information about the number of copies printed and the date of publication. Distribution of propaganda materials which do not show this information shall be prohibited.

The election commission which was informed about distribution of false propaganda materials or propaganda materials which do not contain the information indicated in Part 4 of this article shall take measures to stop these activities and shall be entitled to request appropriate law enforcement bodies and other bodies to put an end to unlawful election propaganda activities and seize unlawful printed propaganda materials.

Article 54 - Inadmissibility of the Misuse of the Rights to Election Propaganda

In the conduct of election propaganda it shall be prohibited to misuse the freedom of mass information, excite social, racial, national hatred or enmity, call for seizure of power, violent change of the constitutional system and disintegration of the state, engage in warmongering propaganda or resort to other forms of misuse of the freedom of mass information prohibited by federal laws.

Candidates, electoral associations, electoral blocs and their authorized representatives as well as other persons and organizations directly or indirectly involved in election propaganda shall not bribe voters: they shall not give voters money, gifts and other tangible assets otherwise than for the performance of organizational work (attendance at polling stations, collection of voter signatures and other propaganda-related activities); sell goods at reduced prices; distribute free of charge any goods other than printed and illustrated materials and badges specially prepared for the election campaign; render services free of charge or at reduced prices. While conducting election propaganda candidates, electoral associations, electoral blocs and their authorized representatives or other persons and organizations shall not influence voters by promises of money, securities (in particular, depending on the voting results), other tangible assets and by rendering services on terms and conditions other than those established by law.

Before publication of the election results registered candidates, electoral associations, electoral blocs shall not engage in charity activities, including such activities outside the boundaries of the electoral district in which the candidate was nominated.

During the period of election propaganda the mass media shall not publish materials which may damage the honor, dignity or business reputation of registered candidates, if these mass media cannot provide a possibility to a registered candidate to publish a denial or other explanations to defend his/her reputation before the end of the election propaganda period.

Election commissions shall monitor adherence to the established rules of election propaganda. Upon being notified about unlawful speeches, dissemination of unlawful propaganda materials or distribution of goods, services or money for propaganda purposes, election commissions shall take measures to stop such activities and shall be entitled to appeal to law enforcement bodies or other bodies with a request to put an end to unlawful propaganda activities.

If a registered candidate, an electoral association, electoral bloc which nominated a candidate violate the provisions of Part 1 of this article, the election commission of the [Subject of Russian Federation] and the appropriate district election commission as well as other bodies, organizations and citizens indicated in Part 4 Article 33 of this Law shall be entitled to apply to a court of law for the withdrawal of the candidate’s registration. If a registered candidate, an electoral association, electoral bloc which nominated a candidate violate other rules of election propaganda, a district election commission shall be entitled to apply to appropriate law enforcement bodies or other bodies with a request that unlawful propaganda activities be stopped or to cancel registration of the candidate.

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ПУБЛИКАЦИИ ИРИС

ИЗБИРАТЕЛЬНАЯ КАМПАНИЯ: ВЗГЛЯД ИЗНУТРИ

Автор: Сборник статей
Форма выпуска: Книга

Сборник статей председателей избирательных комиссий из шести федеральных округов с вводной статьей Секретаря ЦИК РФ Ольги Застрожной рассказывает о региональной специфике проведения избирательных кампаний.

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