Expenses incurred by election commissions during the preparation and conduct of elections of deputies of the legislative (representative) body of state power of the [Subject of the Russian Federation] and expenses related to activities of election commissions during their term of powers shall be covered from funds allocated from the budget of the [Subject of the Russian Federation]. Such expenses shall form a separate line of the budget of the [Subject of the Russian Federation]. Funds allocated for the conduct of elections of deputies shall be placed at the disposal of the election commission of the [Subject of the Russian Federation] within 10 days of the date on which elections were called. The election commission of the [Subject of the Russian Federation] shall distribute these funds between all district election commissions, and district election commissions shall distribute these funds between precinct election commissions.

If the election commission of the [Subject of the Russian Federation] does not receive funding within the above period, its expenses shall be paid from bank credits which shall be granted to the given election commission on a competitive basis. In this case, the allowable amount of funds shall not exceed the sum indicated in the report of the election commission of the [Subject of the Russian Federation] on the expenditure of funds during the preparation and conduct of the previous elections to the legislative (representative) body of state power of the [Subject of the Russian Federation] taking into account the change in the minimum wage established by a federal law.

The credits received by the election commission, including interest thereon, shall be repaid from the budget of the [Subject of the Russian Federation] by the body of executive power of the [Subject of the Russian Federation] which shall regard these credits as a debt liability and shall repay them within two years. When approving the budget of the Subject of the Russian Federation for the year which follows the year of the elections, the legislative (representative) body of the [Subject of the Russian Federation] shall provide for repayment of these credits in a separate line of the budget. Repayment of the credits shall be guaranteed by the budget of the [Subject of the Russian Federation] under the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.» The chairmen of election commissions shall be responsible for correct utilization of the funds and conformity of financial reports and documents to decisions of election commissions on financial matters.

Article 56 – Formation of Electoral Funds of Candidates

After notifying a district election commission in writing about the beginning of collection of voter signatures in their support candidates shall set up their own electoral funds to finance the election campaign. Upon their registration candidates shall continue to maintain their electoral fund accounts opened earlier to finance election propaganda.

Resources of electoral funds shall be deposited in special temporary accounts. Branches of the Savings Bank of the Russian Federation shall open special temporary accounts for electoral funds of candidates upon receipt of a written permission to do so from the appropriate district election commission.

No interest shall accrue or be paid on the aforementioned temporary accounts.

The rules for opening and managing the said accounts, accounting and reporting procedures in respect of the resources of electoral funds shall be established by the election commission of the [Subject of the Russian Federation] with the concurrence of the Main Department of the Central Bank of the Russian Federation in the [Subject of the Russian Federation].

Article 57 – Sources of Formation of Electoral Funds of Candidates

Electoral funds of candidates may be formed from the following sources:

· funds allocated to the candidate for the conduct of election propaganda by a district election commission;

· candidates’ own funds, which shall not exceed ___ times the minimum monthly wage established by the federal law as of the day on which elections were called;

· funds allocated to a candidate by the electoral association or electoral bloc which nominated the candidate. These funds shall not exceed ___ times the minimum monthly wage established by the federal law as of the day on which elections were called;

· voluntary donations of individuals and legal entities.

The amount of a donation made by an individual to the electoral fund of a candidate shall not exceed ___ times the minimum monthly wage established by the federal law as of the day on which elections were called. The amount of a donation made by a legal entity to the electoral fund of a candidate shall not exceed ___ times the minimum monthly wage established by the federal law as of the day on which elections were called;

No donations shall be made to the electoral funds of candidates by:

· foreign states, enterprises, organizations and citizens;

· stateless persons;

· Russian legal entities with foreign participation, if the share of the foreign capital exceeds 30%;

· international organizations and international public movements;

· citizens of the Russian Federation who have not attained to the age of 18 years;

· legal entities with a state or municipal share in their charter capital exceeding 30 percent and legal entities which enjoy tax privileges;

· bodies of state power and bodies of local self-government, state and municipal enterprises, institutions and organizations;

· military units, military establishments and organizations,

· law enforcement bodies;

· charity organizations and religious associations.

Donations made through or in the name of third persons (including individuals, legal entities, other organizations) shall not be allowed. Anonymous or unrecorded donations including cash donations shall not be allowed and shall be transferred to the state budget.

If a donation has been received from individuals or legal entities that are not entitled to make such donations or if the amount of a donation exceeds the limitations established by this article, the candidate who has received such donations shall return to the donor either the whole donation or its part by which the donation exceeds the established limitation, indicating the reasons for the return in writing.

Article 58 - Purpose of Electoral Funds

Electoral funds shall be purpose-oriented. They may be used only to cover expenses incidental to the conduct of election campaign of candidates.

The resources of electoral funds may be used to:

a) finance organizational-technical arrangements for the collection of signatures in support of nomination of a candidate;

b) carry on election propaganda;

c) pay remuneration to citizens of the Russian Federation for the performance of work (provision of services) directly related to the election campaign;

d) pay rentals for the lease of premises, equipment; pay travel and transportation expenses; pay for communication services; purchase of office goods; pay other expenses directly related to the election campaign.

Article 59 - Spending of Resources of Electoral Funds of Candidates

The right to use the resources of an electoral fund shall belong to the candidate who established the fund.

All expenditures made by candidates on election propaganda shall be paid from special temporary electoral fund accounts.

Candidates shall not spend any sums or allow any sums to be spent on their behalf on election propaganda if these sums do not come from their electoral funds

Individuals and legal entities may financially support the activity promoting the election of a candidate only through the corresponding electoral fund.

Legal entities, their branches, representative offices and other divisions shall not, free of charge or at unreasonably reduced prices, perform any work, render any services or supply any goods directly or indirectly connected with the election campaign of candidates

Individuals may, free of charge, voluntarily perform work and render services by way of their participation in the election campaign of a candidate without involvement of third persons.

If, when collecting signatures, carrying on election propaganda or organizing other propaganda events, a candidate spent sums from sources other than his/her own electoral fund or allowed such sums to be spent on his/her behind, a district election commission shall be entitled to revoke its decision to register the candidate. If such irregularities have been found after publication of election results, the election commission of the [Subject of the Russian Federation] shall be entitled to apply to a court for declaring the election of the candidate null and void.

Article 60 - Non-Monetary Donations to Candidates

A candidate shall not receive or use goods or services of material and commercial value (including office spaces, vehicles, petrol, paper, printing services or air time) from individuals or legal entities if:

they have not been paid for by the candidate from his/her electoral fund or have been paid for in the amount less than their average market value,

their value (unpaid part of their value) exceeds the minimum monthly wage established by the federal law as of the day on which elections were called.

Article 61 - Public Disclosure of Expenditure of Electoral Funds of Candidates

Banks - holders of candidates’ electoral fund accounts shall submit information concerning all sums deposited in special temporary accounts of candidates to the appropriate district election commission within three days of receipt of such sums.

Banks - holders of candidates’ electoral fund accounts shall submit information concerning expenditure of sums from the said accounts to a district election commission within five days of such expenditures.

A district election commission shall exercise control over the establishment of candidates' electoral funds and expenditure of their resources. Based on the data furnished by banks, district election commissions shall periodically release information concerning the amount and sources of sums on electoral fund accounts of candidates and expenditures from their accounts to the mass media for publication. Such information shall be supplied at least three times: 25, 15 and 5 days prior to voting day. The mass media listed in Part 1 Article 49 of this Law shall publish the said data within three days of the receipt thereof with the publication to be paid for from their current budget funding.

Article 62 - Unspent Money of Electoral Funds

The balance of his/her special account shall be remitted by a candidate to the accounts of organizations and to persons that made donations or transfers to his/her electoral fund in proportion to the amounts contributed by them.

Upon expiration of 30 days after voting day, on a written instruction of the election commission of the [Subject of the Russian Federation], the bank shall, without the right of recourse, remit to the commission's account the amount due to the election commission of the [Subject of the Russian Federation]. Upon expiration of 60 days after voting day, on a written instruction of the election commission of the [Subject of the Russian Federation], the money remaining on the special account of a candidate shall be transferred by the bank to the budget of the [Subject of the Russian Federation].

Article 63 - Bookkeeping in Respect of Receipt and Expenditure of Resources of Electoral Funds of Candidates and Submission of Financial Reports by Candidates

Candidates shall submit financial reports regarding receipt and expenditure of resources of their electoral funds to a district election commission not later than 30 days after the official publication of general election results. Copies of these financial reports shall be provided by a district election commission to the mass media not later than three days upon their receipt.

The bookkeeping and reporting procedures in respect of electoral funds of candidates, and forms of financial reports, shall be determined by the election commission of the [Subject of the Russian Federation] on the basis of the federal laws and laws of the [Subject of the Russian Federation].

Article 64 - Submission of Financial Reports by Election Commissions

Precinct election commissions shall submit financial reports on the expenditure of funds allocated for the preparation and conduct of elections to the appropriate district election commission not later than 10 days from the day of official publication of the election results for the given electoral district.

District election commissions shall submit financial reports on the expenditure of funds allocated for the preparation and conduct of elections to the election commission of the [Subject of the Russian Federation] not later than 45 days from the day of official publication of the election results for the given electoral district.

The election commission of the [Subject of the Russian Federation] shall submit a financial report on the expenditure of funds allocated from the budget of the [Subject of the Russian Federation] for the preparation and conduct of elections to the legislative (representative) body of state power of the [Subject of the Russian Federation] not later than 90 days from the official publication of the general outcome of elections.

Bookkeeping and reporting procedures in respect of receipt and expenditure of budget funds by election commissions during the preparation and conduct of elections, and forms of financial reports of election commissions shall be determined by the election commission of the [Subject of the Russian Federation] on the basis of the federal laws and the laws of the [Subject of the Russian Federation].

Article 65 - Taxation of Financial Operations Connected with the Formation and Expenditure of Electoral Funds

The rules for taxation of electoral funds, voluntary donations and other transfers to these funds and sums spent therefrom shall be established by federal laws.

Article 66 - Review Service

A review service employing specialists from state and other bodies and institutions shall be organized in the election commission of the [Subject of the Russian Federation] to monitor correct utilization of funds allocated to election commissions for the preparation and conduct of elections, check the sources, proper recording and utilization of electoral funds, audit financial reports of candidates.

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ПУБЛИКАЦИИ ИРИС

ВЫБОРЫ В РОССИЙСКОЙ ФЕДЕРАЦИИ

Автор: Сборник
Форма выпуска: Книга

Научно-практическая конференция «Выборы в Российской Федерации», организованная Санкт-Петербургским гуманитарно-политологическим центром «Стратегия» и Институтом развития избирательных систем (ИРИС), проходила 16-17 марта 2002 г. в Санкт-Петербурге.

Сборник представляет собой материалы конференции: доклады, тезисы докладов, стенограммы выступлений и дискуссий.

Книга будет полезна широкому кругу читателей.

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