Resolution February 1, 2000 No.76/881-3 On Temporary Provision of the Election Commission of the Chechen Republic
Central Election Commission of the Russian Federation
In order to protect the constitutional rights of the citizens of the Russian Federation to elect and be elected in the bodies of state power and local authorities as well as participate in referendum, according to Article 22 of the Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum», the Central Election Commission resolves:
1. To approve the temporary provision of the election commission of the Chechen Republic (see attached). The temporary provision shall be valid until entry into force of the corresponding law of the Chechen Republic or another normative act of the legislative body of the state power of the Chechen Republic on the Election Commission of the Chechen Republic.
2. To publish this resolution in the «Bulletin of the Central Election Commission of the Russian Federation».
A.A.Veshnyakov
Chairman
Central Election Commission
Of the Russian Federation
O.K.Zastrozhnaya
Secretary
Central Election Commission
Of the Russian Federation
Moscow
February 1, 2000
No.76/881-3
APPROVED
Resolution
of the Central Election Commission
of the Russian Federation
No.76/881-3 of February 1, 2000
TEMPORARY PROVISION
of the Election Commission of the Chechen Republic
1. Powers and status of the Election Commission of the Chechen Republic, co-operation of the Election Commission of the Chechen Republic with bodies of the state power, local authorities, institutions, organizations, enterprises with the state shares.
1.1 In accordance with the Constitution of the Russian Federation, federal constitutional laws, 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, normative acts of the bodies of power in the Chechen Republic, the Election Commission of the Chechen Republic guarantees implementation and protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, that constantly or chiefly live or temporary stay on the territory of the Chechen Republic, prepares for and administer elections of the federal bodies of power on the territory of the Chechen Republic, referendum of the Russian Federation, the elections of the local authorities in the Chechen Republic, referendum of the Chechen Republic, gives the legal, methodical, organizational and technical assistance to the election commissions on the elections of the local authorities, commissions on the holding of the local referendum.
1.2 The Election Commission of the Chechen Republic is a state body.
The Election Commission of the Chechen Republic within the scope of their competence set forth by federal constitutional laws, 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 is independent from bodies of federal bodies and bodies of the Chechen Republic.
Decisions of the Election Commission of the Chechen Republic made within its competence are binding upon executive bodies of the Chechen Republic, bodies of local self-government, candidates, registered candidates, electoral associations, electoral blocs, public associations, establishments, organizations, officials, voters and referendum participants.
1.3 The activities of the Election Commission of the Chechen Republic shall be guided by the Constitution of the Russian Federation, federal constitutional laws, 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, resolutions of the Constitutional Court of the Russian Federation, normative acts of the bodies of power of the Chechen Republic, instructions and other normative acts of the Central Election Commission of the Russian Federation.
1.4 The Election Commission of the Chechen Republic is a legal entity, it keeps financial books has its own account in the bank, round seal of the state, stamps and papers with its name and bank information. Monetary resources of the Election Commission of the Chechen Republic are at the disposition of the chairman of the Election Commission of the Chechen Republic. The chairman shall see to it that financial documents are in accordance with the decisions of the election commission on financial matters. He/she shall be responsible for the submission of the report on the expenditure of the funds in the procedure and terms established by the legislation.
The Election Commission of the Chechen Republic manages its individual property including the property that was received from the Central Election Commission of the Russian Federation and the Federal Center for Informatization of the CEC of the Russian Federation. It can acquire and execute property and non-property related rights in accordance with the legislation, take on liabilities and act as s a plaintiff or defendant in court.
1.5 State bodies, bodies of local self-government, establishments, organizations, enterprises with state shares and their officials shall render assistance to the Election Commission of the Chechen Republic in the implementation of their powers providing required premises, transport, communication means, technical equipment, data and materials, and respond to its applications within the time frame set forth by federal laws.
1.6 TV and/or radio broadcasting organizations and editorial offices of periodical(s) which are (co-)founded by state or municipal bodies, organizations, institutions and/or which, in the year preceding the day of the official publication of the decision to set the elections, referendum were financed by at least 15 percent of their budget from the funds allocated by the bodies of state power, bodies of local self-government shall provide equal conditions for air time, space in print media to registered candidates to the Election Commission of the Chechen Republic for informing the voters and participants of the referendum in the procedure established by the Federal law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum», federal constitutional laws and other federal laws.
1.7 The Election Commission of the Chechen Republic has the right to address with the recommendation to conduct an appropriate check or to eliminate violations of federal constitutional laws, federal laws, normative acts of the bodies of the state power in the Chechen Republic regarding the preparation and conduct of the elections, referendum to law-enforcement bodies, that have to eliminate these violations within five days but not later than the day preceding the voting day or on the voting day, or on the next day. If the facts cited in the statement require additional investigation, the said measures shall be taken within a ten-day period.
2. The staff of the Election Commission of the Chechen Republic, procedure for the appointment to and status of the members the Election Commission of the Chechen Republic.
2.1 The Election Commission of the Chechen Republic shall consist of 14 voting members.
2.2 The Election Commission of the Chechen Republic shall act on a permanent basis. The term of its powers shall be 4 years.
The term of powers of the Election Commission of the Chechen Republic shall start from the day of the first session.
Powers of the staff members of the previous convocation cease starting from the first session of the Election Commission of the Chechen Republic on new convocation.
2.3 A citizen of the Russian Federation, having attained on the day of appointment the age of 18 years, may be appointed as a member of the Election Commission of the Chechen Republic. Voting members of the Election Commission of the Chechen Republic shall be appointed by the Central Election Commission of the Russian Federation.
2.4 The citizens of the Russian Federation, who are recognized by the court incapable, of limited capability or who are kept in penitentiary facilities cannot be appointed members of the Election Commission of the Chechen Republic.
2.5 Deputies of the representative bodies of State power, local self-government, elected officials of State bodies and elected officials of local self-government, judges, prosecutors, candidates, registered candidates, their agents, authorized representatives and agents of initiative groups of voters, electoral associations, electoral blocs that nominated candidates, as well as initiative groups for the referendum, voting members of the Election Commission of the Chechen Republic, spouses and close relatives of candidates (children, parents, adoptive children and their parents, biological brothers and sisters, grandchildren, grandparents), close relatives of the candidate, registered candidate, subordinates of candidates and registered candidates cannot be voting members of the Election Commission of the Chechen Republic.
2.6 A voting member of the Election Commission of the Chechen Republic cannot simultaneously be a member of the Central Election Commission of the Russian Federation, other Election Commissions for the election of bodies of Federal power, Referendum Commissions of the Russian Federation, other Election Commissions for the election of bodies for the Chechen Republic, Referendum Commissions of the Chechen Republic with a decisive vote.
2.7 The terms of powers of the members of the Election Commission of the Chechen Republic with a decisive vote shall end immediately after the cessation of power of the Election Commission of the Chechen Republic.
2.8 A voting member of the Election Commission of the Chechen Republic may be relieved within three days of his/her duties before expiration of his/her terms of powers upon decision of the Central Election Commission of the Russian Federation under the following circumstances:
- If a member of election commission submitted a written application on his/her resignation
- On the grounds stipulated by Clauses 2.5 and 2.6 of this Temporary Provision
2.9 The powers of the voting member of the Election Commission of Chechen Republic shall cease immediately under the following circumstances:
- When the Russian citizenship of a member of election commission, referendum commission is forfeited;
- When a court indictment in respect of the member of election commission, referendum commission has come into legal force;
- When a member of election commission is recognized incapable, restricted in capability, missing or dead by a decision of a court of law that has come into legal force;
- Death of a member of the election commission;
- When, on the basis of a statement of the appropriate election commission, a court decision which came into legal force a member of the Election Commission of the Chechen Republic has been found to regularly fail in the performance of his/her duties;
- When the Election Commission of the Chechen Republic has been dissolved in accordance with the procedures stipulated by the Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum».
2.10 A new member of the Election Commission of the Chechen Republic with a decisive vote, that was appointed to fill up for the commission member that has been removed from his/her office on the grounds stipulated by Clauses 2.8 and 2.9 of this Temporary Provision shall be appointed by the Central Election Commission of the Russian Federation not later than within a month, and during the period of preparation for and conduct of the elections of federal bodies, referendum of the Russian Federation, elections into bodies of power of the Chechen Republic, referendum of the Chechen Republic - not later than within 10 days after his/her removal in accordance with federal constitutional laws and federal laws.
2.11 Members with a deliberative vote may be appointed to the Election Commission of the Chechen Republic. The order of appointment and term of powers of members of the Election Commission of the Chechen Republic with a deliberative vote are determined by federal constitutional laws and federal laws.
2.12 Members of the Election Commission of the Chechen Republic with a deliberative vote shall have the same rights as members with a decisive vote with regard to the issues relating to the preparation for and conduct of elections of federal bodies, a referendum of the Russian Federation, elections into bodies of power of the Chechen Republic, a referendum of the Chechen Republic with the exception of the limitations stipulated by federal constitutional laws, federal laws.
2.13 A member of the Election Commission of the Chechen Republic with a decisive vote and a deliberative vote:
- Shall be informed about sessions of the Election Commission of the Chechen Republic in advance;
- Shall be entitled to speak at sessions of the Election Commission of the Chechen Republic, to make proposals in respect of issues within the competence of the relevant election commission, and demand voting thereon;
- Shall be entitled to ask participants of the sessions questions under the agenda and receive reasonable answers to them;
- Shall be entitled to examine any documents and materials (including voter lists, election ballots and other documents and materials) of the Election Commission of the Chechen Republic and, among other things, documents and materials on magnetic medium of the given and lower election commissions, receive copies of these documents and materials (with the exception of lists of voters, signature lists, election ballots and absentee voters' certificates, declarations of income, information on property and liabilities, submitted by the candidates in accordance with federal laws) and to get copies of the said documents. At the request of the member of the election commission, the appropriate election commission shall certify these copies. Examination of the documents and materials containing information that is regarded as the state, commercial or any other protected secret information shall be done in accordance with the appropriate federal laws.
- Shall be entitled to appeal actions (inaction) of the Election Commission of the Chechen Republic in a corresponding higher commission or in a court.
2.14 The chairman, deputy chairman and secretary of the Election Commission of the Chechen Republic as well as members of the Chechen Election Commission working on a permanent basis, shall be responsible for violations of the federal constitutional laws, federal laws as established by the legislation of the Russian Federation for this category of officers.
3. Powers of the Election Commission of the Chechen Republic
3.1 The Election Commission of the Chechen Republic jointly with the Central Election Commission of the Russian Federation shall:
- Exercise control over observance of electoral rights of citizens of the Russian Federation on the territory of the Chechen Republic;
- Participate in working out of the quotas of technical equipment required for the operation of territorial and precinct election commissions, monitor compliance with these quotas;
- Provide for the implementation on the territory of the Chechen Republic of federal programs concerning preparation for and conduct of elections and referenda, development of the election system in the Russian Federation, legal education of voters, professional training of members of the election commissions and other organizers of elections and referenda;
- Take measures to implement a unified procedure for distribution of air time between registered candidates, electoral associations, electoral blocs for election campaigning; determining the outcome; establishing the results of elections and referenda in the Russian Federation and the order of publication of the results of elections and referenda;
- Distribute funds allocated to it for financing the preparation for and conduct of elections and referenda; monitor proper use of the said funds;
- Render legal, methodological, organizational and technical assistance to election commissions;
- Review statements of the bodies of the state power on the territory of the Chechen Republic, bodies of the military power, bodies of local government concerning preparation for and conduct of elections and referenda;
- Establish the norms of manufacturing (including the security degree) of ballots for election to the bodies of the state power of the Chechen Republic, ballots for a referendum of the Chechen Republic, voter lists, referendum participants' list and other electoral documents for elections to the bodies of the state power of the Chechen Republic and documents concerning preparation for and conduct of a referendum of the Chechen Republic;
- Consider complains (statements) concerning decisions and actions (inaction) of lower-level election commissions and take motivated decisions thereon;
- Exercise other powers under federal constitutional laws, federal laws.
3.2 While providing for preparation for and conduct of elections of the federal bodies, referendum of the Russian Federation, the Election Commission of the Chechen Republic shall exercise powers stipulated by appropriate federal constitutional laws, federal laws in respect to election commissions of the Subjects of the Russian Federation, as well as other powers, established by the Central Election Commission of the Russian Federation.
3.3 While providing for administration of the election to the bodies of state power of the Chechen Republic, a referendum of the Chechen Republic, and taking part in the administration of elections on the territory of the Chechen Republic to the bodies of the local government, the local referendum, the Election Commission of the Chechen Republic shall act on the basis of relevant federal laws and normative acts of bodies that are exercising the state power on the territory of the Chechen Republic.
4. Organization of Activities of the Election Commission of the Chechen Republic.
4.1 Chairman, Deputy Chairman and Secretary of the Election Commission of the Chechen Republic shall be elected at the first meeting of the election commission by secret voting out of the number of election commission members with the right of the decisive voice.
Chairman of the Election Commission of the Chechen Republic shall work in the commission on a permanent basis. Deputy Chairman, Secretary and other Election Commission members of the Chechen Republic may hold an office on a permanent basis.
The Central Election Commission of the Russian Federation hands out to Chairman, Deputy Chairman, Secretary and Election Commission members of the Chechen Republic with the right of the decisive voice a certificate of the established standard.
4.2 The procedures of the activities of the Election Commission of the Chechen Republic, powers of the Chairman, Deputy Chairman and Secretary of the Election Commission of the Chechen Republic, procedures for their appointment and release shall be determined by this Temporary Provision, and also by the Temporary Regulation of the Election Commission of the Chechen Republic which is passed by the decision of the Election Commission of the Chechen Republic.
Assignment of duties among Election Commission members of the Chechen Republic according to directions of its activities and fulfillment of the decisions made by the Commission, shall be approved by the decision of the Election Commission of the Chechen Republic. Election Commission members of the Chechen Republic shall be responsible for the results of work according to the established directions.
4.3 Activities of the Election Commission of the Chechen Republic shall be exercised openly. Activities of the Election Commission of the Chechen Republic shall be organized by the Chairman of the Election Commission of the Chechen Republic.
4.4 The Election Commission of the Chechen Republic shall implement its activities according to perspective and current plans of work, and also to plans of activities on election and referenda administration.
4.5 Decisions made by the Election Commission of the Chechen Republic shall be published in mass media, mentioned in Clause 1.6 of this Temporary Provision, at the expense of current budget funding and shall be transmitted through other mass media on the dates determined by the federal constitutional laws, federal laws.
4.6 Decisions and actions (inactions) of the Election Commission of the Chechen Republic and its authorized persons, who violate electoral rights and the right to participate in the referendum of the citizens of the Russian Federation may be appealed in the established order by the federal legislation, i.e. to the Central Election Commission of the Russian Federation.
4.7 At the meetings of the Election Commission of the Chechen Republic, members and representatives of the Central Election Commission of the Russian Federation registered by the Central Election Commission of the Russian Federation or the Election Commission of the Chechen Republic or a candidate or his/her proxy, an authorized representative or a proxy of an electoral association, electoral bloc, the candidates' list of which was registered by the Central Election Commission of the Russian Federation or the Election Commission of the Chechen Republic, or a candidate from the mentioned list, a member or a representative of the initiative group on the conduct of the referendum of the Russian Federation, the referendum of the Chechen Republic shall have the right to be present at those meetings.
In cases and under procedures stipulated by the Federal Law «On Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian Federation to Participate in a Referendum», by the federal constitutional laws, and other federal laws, observers, mass media representatives, foreign (international) observers shall also be allowed to attend the meetings of the Election Commission of the Chechen Republic.
During appeal and plea trial, appellants and parties in interest shall be allowed to attend the meetings of the Election Commission of the Chechen Republic,
5. Financing of Activities of the Election Commission of the Chechen Republic.
5.1 Expenses of the Election Commission of the Chechen Republic on election and referendum of the Russian Federation administration of federal bodies of state power shall be paid out of the funds allocated to the Election Commission of the Chechen Republic by the Central Election Commission of the Russian Federation.
Spending of the Election Commission of the Chechen Republic on election and referendum of the Russian Federation administration shall be paid at the expenses allocated to the Election Commission of the Chechen Republic by bodies, that implement state power on the territory of the Chechen Republic.
5.2 Financing of activities of the Election Commission of the Chechen Republic shall be implemented out of the funds allocated to it by the Central Election Commission of the Russian Federation and bodies that implement state power on the territory of the Chechen Republic.
5.3 Wages of Chairman, Deputy Chairman, Secretary of the Election Commission who work on a permanent basis shall be paid within the limits allocated to the election commission and in accordance with the procedures and rates established by the Central Election Commission of the Russian Federation.
Members of the Election Commission of the Chechen Republic with a decisive vote, discharged from main employment for the period of elections and referenda, are paid out of the funds allocated to the Election Commission of the Chechen Republic for the period of the conduct of elections and referenda.
5.4 In order to provide better activities of the Election Commission of the Chechen Republic a commission shall be established the structure and staff of which are determined by the decision of the Election Commission of the Chechen Republic upon agreement with the Central Election Commission of the Russian Federation. The Election Commission of the Chechen Republic is allowed to attract part-time workers on labor contracts (civil and legal contracts) in order to fulfill duties related to the administration of elections and referenda.
The Chairman of the Election Commission of the Chechen Republic shall have the right to hire and fire staff members of the Election Commission of the Chechen Republic.
5.5 The Election Commission of the Chechen Republic shall report on the spending of the funds that were allocated for the provision of better activities on the election and referendum administration in accordance with the procedures established by federal laws, normative acts of the bodies that are implementing the state power on the territory of the Chechen Republic.
6. Informational Provision and Provision of Security Measures for the Activities of the Election Commission of the Chechen Republic.
6.1 Informational provision of activities of the Election Commission of the Chechen Republic is implemented by the Federal Center for Informatization under the Central Election Commission of the Russian Federation, as well as by informational center of the Election Commission of the Chechen Republic which shall be established and equipped with necessary hardware and software means in accordance with the procedure and within the terms established by the Central Election Commission of the Russian Federation.
6.2 Security of the members of the Chechen Election Commission shall be provided on the basis of the decisions made by the authorized state bodies.
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