Clarification of the Rules for the Activity of Foreign (International) Observers During the Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation of Third Convocation
Appendix 1
APPROVED
By Resolution of the Central Election Commission
of the Russian Federation
No.13/89-3 of September 10, 1999
According to Article 2 of the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» a foreign (international) observer is a person representing a foreign or an international organization, who acquire the right to monitor the preparation and administration of elections and referenda in the Russian Federation in a procedure established by law.
Foreign (international) observes receive a permission for the entry into the Russian Federation in a procedure established by the Federal Law «On the Procedure for the Entry Into and Exit From the Russian Federation» and, if they have an appropriate invitation, are granted accreditation by the Central Election Commission of the Russian Federation on the basis of documents presented by the Foreign Relations Department of the Apparatus of the Central Election Commission of the Russian Federation.
Invitations may be extended by the President of the Russian Federation; the Federation Council and the State Duma of the Federal Assembly of the Russian Federation; the Government of the Russian Federation; the Human Rights Commissioner of the Russian Federation; the Central Election Commission of the Russian Federation.
The Central Election Commission of the Russian Federation may extend invitations to electoral bodies of foreign countries and to foreign (international) organizations which specialize in electoral legislation and elections.
Requests for invitations may be submitted by international and national government and non-government organizations as well as private persons enjoying a high prestige in the field of the protection of human and civil rights and freedoms.
The Central Election Commission of the Russian Federation shall issue a certificate of an established form to foreign (international) observers on the basis of an application from the observer, a document certifying his/her identity and an invitation from any of the organizations or persons indicated above. This certificate shall allow foreign (international) observers to carry on their activity during the preparation and administration of elections.
The activity of foreign (international) observers is regulated by the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» and other federal laws.
The term of powers of foreign (international) observers shall commence from the day of accreditation by the Central Election Commission of the Russian Federation and end on the day of official publication of the general election results.
Foreign (international) observers shall carry on their activity independently and at their own discretion. The material and financial support for the activity of foreign (international ) observers shall be provided for the account of the country which sent them or for their own account.
During their stay in the territory of the Russian Federation foreign (international) observers shall be under protection of the Russian Federation. The election commissions, the federal bodies of state power and the bodies of state power of the subjects of the Russian Federation shall render them the necessary assistance.
Persons infringing the rights of foreign (international) observers shall be brought to responsibility under federal laws.
Foreign (international) observers shall be entitled to:
be present at polling stations, including voting premises, from the time the precinct election commission starts its work on voting day, including early voting day, up to the time when the information is received that the higher election commission has adopted a protocol of voting returns, and at vote re-counting;
be present on the premises of territorial, district election commissions, the commissions of the subjects of the Russian Federation and the Central Election Commission of the Russian Federation when voting returns and election results are being established and protocols of voting returns and election results are being drawn up and also when votes are being re-counted;
watch issuance of ballots to voters;
watch counting of the number of voters entered on the voter lists, counting of ballots issued to voters and cancelled ballots;
before the precinct election commission directly starts counting of votes be present when the aggregate data are announced concerning the voter list for the federal district and the single-mandate electoral district and inspect the voter list after it has been certified by the signature of the chairperson, deputy chairperson or secretary of the precinct election commission and by the commission's seal;
be present when votes are being counted and watch the votes being counted from a distance and under conditions which allow them to see the contents of ballots and observe the actions of the members of the precinct election commission; inspect any marked or unmarked ballot when votes are being counted;
watch the election commission drawing up the protocols of voting returns and other documents from the time when the precinct election commission starts its work on voting day, including early voting day, up to the time when the information is received that the higher election commission has adopted the protocol of voting returns and also when votes are being re-counted at polling stations;
inspect the protocols of voting returns of the precinct election commission and the protocols of voting returns and election results of other election commissions where the observers are present; make copies or receive from the election commission copies of the said protocols and appended documents and of other documents received or drawn up by the election commission on voting day, including early voting day. The election commission shall certify the said copies or issue certified copies of the said documents to foreign (international) observers;
after the end of voting be present when unused ballots are being counted and cancelled and the number of unused and cancelled ballots is announced in accordance with Clause 6 Article 73 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»;
inspect cancelled ballots and absentee certificates under the supervision of voting members of the precinct election commission;
after voting day express their opinion about the electoral legislation, the preparation and administration of the elections, hold press conferences and apply to mass media;
meet with candidates, registered candidates, authorized representatives of electoral associations, electoral blocs, agents of registered candidates, electoral associations, electoral blocs.
Under the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» foreign (international) observers shall not engage in any activities other than those set forth above.
Lists of foreign (international) observers monitoring the course of voting and vote counting in the election commissions shall be made up by the election commissions on the basis of the certificates of foreign (international) observers to be produced by the observers.
The list of foreign (international) observers who were present when the voting returns were being established and the corresponding protocols were being drawn up by precinct and territorial election commissions shall be kept by the secretary of the election commission until the commission completes its work.
The list of foreign (international) observers who were present when the voting returns and election results were being established and the corresponding protocols were being drawn up by the district election commission shall be kept by the secretary of the district election commission until official publication of the general election results. After that, the list shall be transferred to the election commission of the subject of the Russian Federation and the election commission of the subject of the Russian Federation shall pass it on to the Central Election Commission of the Russian Federation.
Foreign (international) observers shall not use their status for any activity other than monitoring the course of the election campaign, the preparation and administration of elections.
Based on the documents presented by the Foreign Relations Department of the Apparatus of the Central Election Commission of the Russian Federation the Central Election Commission of the Russian Federation may revoke accreditation of a foreign (international) observer if the observer violates federal laws or generally accepted principles and rules of international law.
Appendix 2
APPROVED
By Resolution of the Central Election Commission
of the Russian Federation
No.13/89-3 of September 10, 1999
Specimen and Description of the Certificate of a Foreign (International) Observer
The certificate of a foreign (international) observer is a document certifying his/her status.
The certificate is printed on a standard three-color form measuring 135x90 mm with its contents as shown on the specimen above. The certificate shows its number; the first and the last name of the foreign (international) observer; the name of the represented country and/or organization; the validity term and conditions of the certificate; the date of issue. The certificate is signed by the Chairperson of the Central Election Commission of the Russian Federation and certified by the hologram of the round seal of the Central Election Commission of the Russian Federation.
The Central Election Commission of the Russian Federation shall issue the certificate to foreign (international) observers in accordance with a procedure established by the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation.»
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