§ Article 4(untitled)

niversal Electoral Right and Right to Participate in Referendum

 1. A citizen of the Russian Federation who has attained to the age of 18 years shall be
entitled to elect, be elected as deputy of the representative body of municipal formation, vote at
a referendum; and upon reaching the age established by the Constitution of the Russian
Federation, federal laws, constitutions (statutes) and laws of the subjects of the Russian
Federation, he shall be entitled to be elected as deputy of the legislative (representative) state
power bodies, elective official of the bodies of local self-government. A citizen of the Russian
Federation who has attained to the age of 18 years on the voting day, shall be entitled to
participate in any other electoral activities and other activities related to the preparation and
conduct of a referendum that are established by law and implemented by legal methods.
(as amended by the Federal Law of November 9, 2009, No.250-FZ)

 2. A citizen of the Russian Federation may elect, be elected, or participate in a
referendum regardless of the sex, race, ethnicity, language, origin, property and official status,
place of residence, religion, beliefs, affiliation to public associations and other factors.

 3. Citizens declared incapable by a court or held in custody under a court sentence shall
not be entitled to elect and be elected or to participate in a referendum.

 31 Citizens of the Russian Federation with the foreign state citizenship as well as the
residential permit or other document certifying the right of the citizen of the Russian Federation
to permanently reside in the territory of the foreign state are not entitled to be elected. These
citizens are entitled to be elected to bodies of local self-government if that is stipulated by the
international treaty of the Russian Federation.
(Paragraph 31 introduced by the Federal Law of July 25, 2006, No.128-FZ)

 3.2 The following citizens of the Russian Federation are not entitled to be elected:
 a) sentenced to imprisonment for commitment of serious crime and (or) felony and
having on the voting day a conviction that is not withdrawn or spent;
 b) sentenced for commitment of extremist crimes stipulated by the Criminal Code of the
Russian Federation and having on the voting day a conviction that is not withdrawn or spent;
 c) administratively punished for commitment of administrative offence stipulated by
Articles 20.3 and 20.29 of the Code of Administrative Offence of the Russian Federation, if the
voting is conducted before the period during which such person is being administratively
punished;
(as amended by the Federal Law of July 24, 2007, No.211-FZ)
 d) in regards of which the court decision established the fact of violation of limitations
stipulated by Clause 1, Article 56 of this Federal Law, or commitment of actions stipulated by
paragraph “g”, Clause 7 and paragraph “g”, Clause 8, Article 76 of this Federal Law, if such
violations or actions were committed before the voting day in elections within the terms of office
of the state power or local self-government body set by the law during which the elections were
called, or official for the election of which the elections were called.
(Paragraph 3.2 introduced by the Federal Law of December 5, 2006, No.225-FZ)

 4. A citizen residing within the boundaries of corresponding electoral district shall be
entitled to the active electoral right. The absence of a citizen of the Russian Federation at his
place of residence in the period of elections in the electoral district where such place of
residence is located shall not constitute grounds for depriving the citizen of the right to
participate in the elections of bodies of state power of corresponding subject of the Russian
CDL-REF(2012)008 - 10 -

Federation, bodies of local self-government. The law may grant the active electoral right to a
citizen residing outside corresponding electoral district.

 5. Any limitation of the passive electoral right due to the location of the place of
residence of a citizen of the Russian Federation in a certain area of the Russian Federation,
including qualifications related to the duration of the period of residence in such area, shall be
established by the Constitution of the Russian Federation only.

 6. Additional conditions for the exercise by a citizen of the Russian Federation of his
passive electoral right, preventing one and the same person from occupying one and the same
elective offices for more than a certain number of consecutive terms may be established by a
federal law, the constitution (statutes), or a law of a subject of the Russian Federation.

 7. In the event of effective court decision in relation to a citizen of the Russian
Federation that cancels his right to hold state and (or) municipal offices for a certain period,
such citizen shall not be registered as a candidate if voting in elections of bodies of state power,
bodies of local self-government is held before the expiration of such period.

 8. Additional conditions of exercising the passive electoral right of the citizen of the
Russian Federation related to a certain age may be established by the constitutions (statutes),
law of the subject of the Russian Federation. The minimum age established for a candidate
shall not exceed 21 years for elections of the legislative (representative) bodies of state power
of the subject of the Russian Federation and elective official of the body of local self-
government. No maximum age limit shall be established.
(as amended by the Federal Laws of December 11, 2004, No.159-FZ, of November 9, 2009,
No.250-FZ)

 9. Deputies, elective officials working on a permanent basis are not entitled to perform
any commercial activity or any other paid activity except educations, scientific and other
creative activity. At this educational, scientific and other creative activity shall not be financed
exclusively at the expense of foreign states, international and foreign organizations, foreign
citizens and stateless persons, unless otherwise stipulated by the international treaty of the
Russian Federation or the legislation of the Russian Federation. Deputies of the State Duma of
the Federal Assembly of the Russian Federation, deputies of legislative (representative) state
power bodies of the subjects of the Russian Federation shall not occupy other public positions
of the Russian Federation, public positions of the subjects of the Russian Federation, public
administrative positions and municipal positions, become deputies of other legislative
(representative) bodies of state power or representative bodies of municipal formations, elective
officials of bodies of local self-government. Elective officials of bodies of local self-government
shall not become deputies of the State Duma and members of the Federation Council of the
Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of
state power of the subjects of the Russian Federation, occupy other public positions of the
Russian Federation, public positions of the subjects of the Russian Federation (hereinafter –
public positions), public administrative positions and municipal positions. Deputies of
representative bodies of municipal formations shall not occupy municipal positions or become
deputies of legislative (representative) bodies of state power. Other limitations related to status
of deputy, elective official may be established by federal law.
(as amended by the Federal Laws of July 21, 2005, No.93-FZ, of March 2, 2007, No.24-FZ, of
December 25, 2008, No.281-FZ)

 10. Under international treaties of the Russian Federation and in accordance with due
legal procedure, foreign citizens who permanently reside in the territory of a relevant municipal
formation shall have the right to elect and be elected to bodies of local self-government, be
involved in other electoral activities in such elections, and participate in a local referendum on
the same conditions as citizens of the Russian Federation.
 - 11 - CDL-REF(2012)008