rocedure of Formation and Powers of Election Commissions of Municipal Formations 1. An election commission organizing, under the law of the subject of the Russian Federation, the statute of a municipal formation, preparation and conduct of elections to bodies of local self-government, local referendum is the election commission of municipal formation. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 2. Election commission of municipal formation is a municipal body and is not a part of the structure of bodies of local self-government. (Clause 2 as amended by the Federal Law of July 21, 2005, No.93-FZ) 3. Election commission of municipal formation may receive a status of a legal entity under the statute of municipal formation, regulatory act of body of local self-government. (as amended by the Federal Law of August 22, 2004, No.122-FZ) 4. By the decision of the corresponding election commission of the subject of the Russian Federation taken on the basis of application of the representative body of this municipal formation, powers of the election commission of municipal formation may be delegated to territorial commission. In the case of newly established municipal formation, powers of election commission of this municipal formation by the decision of election commission of the subject of the Russian Federation may be delegated to territorial commission. The procedure of delegation of powers of election commission of municipal formation to territorial commission in other cases of absence of representative body of municipal formations is established by the law of the subject of the Russian Federation. When the powers of election commission of municipal formation are delegated to territorial commission, the number of members of territorial commission is not subject to change. If there are several territorial commissions in the territory of municipal formation, powers of election commission of municipal formation may be delegated to one of such commissions. (as amended by the Federal Laws of December 25, 2008, No.281-FZ, of December 27, 2009, No.357-FZ) 5. The term of powers of the election commission of municipal formation is five years. four years. If the term of powers of the election commission of municipal formation expires during an election campaign, during the period from the day when referendum this commission participates in is called and till the end of referendum campaign, its term of powers is extended till the end of this election campaign, referendum campaign. This provision is not applied during conduct of repeat and by-elections of deputies of representative body of municipal power. Powers of election commission of municipal formation may be early terminated by the law of the subject of the Russian Federation in the event of transformation of this municipal formation. CDL-REF(2012)008 - 38 - The day of early termination of powers of such election commission of municipal formation is the day when the law of the subject of the Russian Federation on transformation of the municipal formations enters into force. * (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of June 4, 2010, No.117-FZ) 6. The number of voting members of the election commission of municipal district, urban district, city territory of the federal city shall amount to eight, ten or twelve voting members. Election commission of settlement is formed out of six, eight or ten voting members. The number of members of election commission of municipal formation is established by the statute of municipal formation. (Clause 6 as amended by the Federal Law of December 27, 2009, No.357-FZ) 7. Election commission of municipal formation is formed by representative body of municipal formation on the basis of proposals referred to in Clause 2, Article 22 of this Federal Law, proposals of voters’ meetings at place of residence, work, service, study, as well as proposals of election commission of municipal formation of the previous convocation, election commission of the subject of the Russian Federation, and formation of election commission of settlement – also on the basis of proposals of election commission of municipal district, territorial commission. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of December 27, 2009, No.357- FZ) __________ * In accordance with Article 2 of the Federal Law of June 4, 2010, No.117-FZ “On Amendments to the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum” in connection to change of terms of powers of election commissions”, provisions of Clause 3, Article 21 of the Federal Law of June 12, 2002, No.67-FZ “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum” (as amended by this Federal Law), related to terms of powers of election commissions, shall be applied with relation to corresponding election commissions formed after this Federal Law came into force. 8. The representative body of municipal formation shall appoint at least one half of the total number of members of the election commission of municipal formation on the basis of received proposals from:* (as amended by the Federal Law of December 27, 2009, №.357-FZ) а) political parties that nominated federal lists of candidates admitted to distribution of deputy seats in the State Duma of the Federal Assembly of the Russian Federation, and political parties that nominated federal lists of candidates that received deputy seats in accordance with Article 821 of the Federal Law “On Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation”; (as amended by the Federal Law of May 12, 2009, No.94-FZ) ________________ * In accordance with Article 2 of the Federal Law of December 27, 2009, No.357-FZ “On Amendments to Article 24 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”, election commissions of municipal formations formed before this Federal Law enters into force retain their powers till the expiration of term for which they were formed. In case of early termination of powers of a member of election commission of municipal formation formatted before this Federal Law enters into force, a new member of election commission is appointed in the following manner: - 39 - CDL-REF(2012)008 b) political parties that nominated lists of candidates admitted to distribution of deputy seats in the legislative (representative) body of state power of the subject of the Russian Federation, and political parties that nominated lists of candidates that received deputy seats in accordance with the law of the subject of the Russian Federation stipulated by Clause 17, Article 35 of this Federal Law; (as amended by the Federal Law of April 22, 2010, No.63-FZ) c) political parties that nominated lists of candidates admitted to distribution of deputy seats in the representative body of municipal formation. (Clause 8 as amended by the Federal Law of July 21, 2005, No.93-FZ) 9. The representative body of municipal district, urban district, city territory of the federal city shall appoint half of the total number of members of election commission of municipal district, urban district, city territory of the federal city on the basis of proposals received from election commission of the subject of the Russian Federation. (Clause 9 as amended by the Federal Law of December 27, 2009, No.357-FZ. 1) if a member of election commission is appointed by the proposal of political party of other election association stated in Clause 8, Article 24 of the Federal Law of June 12, 2002, No.67-FZ “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum” (hereinafter – the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”, a new member of election commission is appointed by the proposal of the same political party, same election association; 2) if a member of election commission is appointed not by the proposal of political party of other election association stated in Clause 8, Article 24 of the Federal Law of June 12, 2002, No.67-FZ “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”, a new member of election commission is appointed by the proposal of the political party, other election association stated in Clause 8, Article 24 of the Federal Law ““On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”, and if all political parties, other election associations stated in Clause 8, Article 24 of this Federal Law already appointed members of election commission of municipal formation, or by proposals of such political parties, other election associations the half of total number of members of election commission of municipal formation, a new member of election commission is appointed in accordance with Clauses 9- 9.3 of Article 24 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. 91 Representative body of settlement shall appoint half of total number of members of election commission of settlement on the basis of proposals received from election commission of municipal formation, territorial commission in the following order: a) if powers of election commission of municipal district are not delegated to territorial commission, two members of election commission of settlement are appointed on the basis of proposals received from election commission of municipal district, and other members of election commission of settlement are appointed on the basis of proposals from territorial commission; b) if powers of election commission of municipal district are delegated to territorial commission, members of election commission of settlement are appointed on the basis of proposals from territorial commission; c) if powers of territorial commission are delegated to election commission of municipal district, members of election commission of settlement are appointed on the basis of proposals from election commission of municipal district. (Clause 91 introduced by the Federal Law of December 27, 2009, No.357-FZ) 92 Proposals of election commission of the subject of the Russian Federation, election commission of municipal district, territorial commission, stated in Clauses 9 and 91 of this Article are prepared with account of proposals of public associations, except public associations CDL-REF(2012)008 - 40 - referred to in Clause 8 of this Article, with account of proposals of voters’ meetings at place of residence, work, service, study, as well as proposals of election commission of corresponding municipal formation of the previous convocation. (Clause 92 introduced by the Federal Law of December 27, 2009, No.357-FZ) 93 In case, if proposals referred to in Clauses 8, 9 and 91 of this Article are not sufficient for implementation of correspondingly Clauses 8, 9 and 91 of this Article, the rest of members of commission are appointed on the basis of proposals stipulated by Clause of this Article. (Clause 93 introduced by the Federal Law of December 27, 2009, No.357-FZ) 10. Election commission of municipal formation shall: а) exercise control in the territory of municipal formation over the observance of the electoral rights of citizens of the Russian Federation and the right of citizens to participate in a referendum; b) organize in the territory of municipal formation implementation of activities connected to preparation and conduct of elections to bodies of local self-government, local referenda, production of required print materials; c) ensure implementation in the territory of municipal formation of measures related to preparation and conduct of elections to bodies of local self-government, local referendum, observation of a uniform procedure for allocation of air time and space in print media between registered candidates, election associations for purposes of election campaigning, between referendum initiative group and other groups of referendum participants for the purposes of campaigning on questions of the referendum; (as amended by the Federal Law of July 21, 2005, No.93-FZ) d) ensure implementation in the territory of municipal formation of measures related to observation of uniform procedure of establishment of voting results, results of election, referenda during the conduct of elections to bodies of local self-government, local referendum; e) ensure implementation in the territory of municipal formation of measures related to organization of financing of preparation and conduct of elections to bodies of local self- government, local referenda, distribute funds allocated from local budget and (or) budget of the subject of the Russian Federation for financial support of preparation and conduct of elections to bodies of local self-government, local referendum, controls target use of these funds; f) provide legal, methodological, organizational, and technical support to subordinate commissions; g) hear reports of bodies of local self-government on issues related to preparation and conduct of elections to bodies of local self-government, local referendum; (as amended by the Federal Law of July 21, 2005, No.93-FZ) h) consider complaints (appeals) related to decisions and actions (inaction) of subordinate commissions, and election commission of municipal district – also complains (appeals) related to decisions and actions (inaction) of election commission of settlement and take reasoned decisions on these complaints (appeals); (Paragraph “h” as amended by the Federal Law of July 21, 2005, No.93-FZ) i) exercise other powers in accordance with this Federal Law, other federal laws, the constitution (statute), laws of the subject of the Russian Federation, statute of municipal formation. (as amended by the Federal Law of December 27, 2009, No.357-FZ)
§ Article 24(untitled)
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