ystem and Status of Election Commissions, Referendum Commissions 1. The following election commissions, referendum commissions shall function in the Russian Federation: the Central Election Commission of the Russian Federation; election commissions of the subjects of the Russian Federation; election commissions of municipal formations; district election commissions; territorial (district, city, and other) election commissions; precinct commissions. 2. During corresponding referenda the Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation, election commissions of municipal formations, territorial election commissions shall act in the capacity of referendum commissions. Other election commissions may act as referendum commissions on the basis of the decision of corresponding superior election commissions in charge of the formation of election commissions that shall be taken in the order stipulated by Clause 9 of this Article. 3. Commissions shall ensure exercising and protection of electoral rights and the right of citizens of the Russian Federation to participate in a referendum, prepare for and conduct elections and referenda in the Russian Federation. 4. Commissions shall, within the scope of their competence, consider appeals on violation of the law they received during the election campaign, referendum campaign, verify such appeals and provide applicants with written responses in five days, but not later than on the day preceding the voting day, and with regards to appeals received on the voting day or on the day following the voting day – immediately. If the facts stated in such appeals require additional verification, decisions thereon shall be taken not later than within ten days. If an appeal indicates violation of the law by a candidate, election association, referendum initiative group, this candidate, election association, referendum initiative group or its (their) authorized representatives shall be promptly notified of received appeal and are entitled to provide explanations to the point of such appeal. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 5. In connection to appeals stated in Clause 4 of this Article commissions shall be entitled to submit requests to law enforcement authorities, bodies of executive power for carrying out the required investigations and preventing the law violations. These bodies shall in five days, if the request was received in five or less days prior to the voting day – not later than on the day preceding the voting day, and if it was received on the voting day or on the day following the voting day – immediately take measures to prevent such violations and promptly inform the requesting commission on the results. If facts stated in the request shall be additionally checked, the given measures shall be taken not later than in ten days. 51 In case of violation by candidate, election association, referendum initiative group of this Federal Law, corresponding commission is entitled to provide this candidate, election association, referendum initiative group with a caution that shall be communicated to voters, referendum participants through mass media or by other means. (Clause 51 introduced by the Federal Law of July 21, 2005, No.93-FZ) 6. Commissions shall inform voters, referendum participants on the time and the procedure of performance of electoral actions, actions connected to preparation and conduct of CDL-REF(2012)008 - 28 - a referendum, on the progress of the election campaign, the referendum campaign, and on candidates, election associations that nominated candidates, lists of candidates. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 7. Competence, powers and procedures of activities of the Central Election Commission of the Russian Federation shall be set by this Federal Law, other federal laws. Competence, powers and procedures of activities of other commissions during preparation and conduct of elections to federal bodies of state power and a referendum of the Russian Federation shall be set by this Federal Law, other federal laws. 8. Competence, powers and procedures for activities of election commissions of the subjects of the Russian Federation, election commissions of municipal formations, district election commissions, territorial and precinct commissions during preparation and conduct of elections to bodies of state power of the subjects of the Russian Federation and bodies of local self-government, and referenda in the subjects of the Russian Federation and local referenda shall be set forth by this Federal Law, the constitutions (statutes), laws of the subjects of the Russian Federation, and the statutes of municipal formations. 9. Combination by commissions of’ powers related to preparation and conduct of elections, referenda of various levels shall be allowed only on the basis of the decision of the commission organizing the election, the referendum in a certain territory, which is taken on the basis of an application of a commission organizing the election, the referendum in part of this territory. Combination by commissions of powers related to preparation and conduct of elections, referenda of the same level shall be allowed on the basis of a decision of the commission organizing the elections, referenda. 10. Decisions of a superior commission taken within its competence shall be binding upon subordinate commissions. 11. Decisions of commission that conflicts with law or that was taken by a commission beyond established competence shall be cancelled by superior commission or court. The superior commission shall take decision to the point of the issue and send to subordinate commission the decision of which was cancelled corresponding materials for reconsideration. If subordinate commission does not reconsider the issue, the decision to the point of this issue shall be taken by subordinate commission. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 12. Within the limits of their competence, commissions shall be independent of bodies of state power and bodies of local self-government. 13. Decisions and other acts of commissions taken within their competence shall be binding upon federal executive bodies of state power, executive bodies of state power of the subjects of the Russian Federation, state institutions, bodies of local self-government, candidates, election associations, public associations, organizations, officials, voters and referendum participants. Decisions and other acts of commissions shall not be subject to state registration. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 14. Financial support of activities of the Central Election Commission of the Russian Federation shall be provided out of funds allocated for this purpose by the federal law on the federal budget for the next financial year. Financial support of activities of the election commission of the subject of the Russian Federation shall be provided out of funds allocated for this purpose by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation for the next financial year and the funds of the federal budget in the order and in amount established by the Central Election Commission of the Russian Federation - 29 - CDL-REF(2012)008 within the limits of funds allocated for these purposes by the federal law on the federal budget for the next financial year. Financial support of activities of the election commission of municipal formation, a territorial commission functioning on a permanent basis and constituting a legal entity shall be performed out of funds of the budget of the subject of the Russian Federation and (or) local budget within the limits of funds allocated for these purposes by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, and (or) the regulatory act of the body of local self-government on the local budget for the next financial year. 15. The Central Election Commission of the Russian Federation, the election commissions of the subjects of the Russian Federation, election commissions of municipal formations, and territorial commissions shall submit reports on the expenditure out of the funds allocated from the corresponding budgets to support their activities, conduct of elections and referenda in accordance with the procedure established by the legislation of the Russian Federation. 16. State bodies, bodies of local self-government, state and municipal institutions and their officials shall render assistance to commissions in the exercise of their powers; in particular, by providing them, free of charge, with necessary premises, including premises for safe storage of election documents and referendum-related documents before such documents are handed over to archives or destroyed upon expiry of safe storage periods established by the law, make arrangements for safeguarding the provided premises, rooms, and the said documents, and provide, free of charge, transportation means, telecommunication means and technical equipment. 161 Data on the number of disabled voters, referendum participants in corresponding territory with indication of disability categories shall be submitted as of January 1 and July 1 each year by the Pension Fund of the Russian Federation: a) for the subjects of the Russian Federation – to the Central Election Commission of the Russian Federation; b) for municipal formations – to election commissions of the subjects of the Russian Federation. (Clause 161 introduced by the Federal Law of June 14, 2011, No.143-FZ) 17. Organizations in authorized (share) capital of which a contribution (share) of the Russian Federation, the subjects of the Russian Federation and (or) municipal formations exceeds 30 percent as of the day of official publication of decision to call election, official publication of decision to call referendum, their officials shall provide commissions assistance in exercising of their powers, in particular, provide transportation means, communication means, technical equipment, premises. (Clause 17 as amended by the Federal Law of July 21, 2005, No.93-FZ) 18. The state and municipal television and (or) radio broadcasting organizations, and editorial boards of state and municipal print periodicals shall provide commissions with free air time for informing of voters, referendum participants in the order established by this Federal Law, other laws, and print space for publication of commission decisions and other information. Expenses of TV and radio broadcasting organizations, editorial boards of print periodicals are subject to the procedure established by Clause 10, Article 50 of this Federal Law. (as amended by the Federal Law of July 19, 2009, No.203-FZ) 19. State bodies, bodies of local self-government, public associations, organizations of all forms of ownership, including television and (or) radio broadcasting organizations (hereinafter – TV and radio broadcasting organization), editorial boards of print periodicals, as well as officials of these bodies and organization shall provide commissions with required data and materials, respond to requests of commissions in five day, and if the request was received CDL-REF(2012)008 - 30 - in five or less days prior to the voting day – not later than the day preceding the voting day, and if the request was received on the voting day or on the day following the voting day – immediately. These data and materials are provided to commissions for free. (as amended by the Federal Law of July 21, 2005, No.93-FZ, of July 19, 2009, No.203-FZ)
§ Article 20(untitled)
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