rganization of Commissions Activities 1. Commissions shall operate on a collegiate basis. 2. A commission shall be qualified to start functioning if at least two thirds of the total established number of its members were appointed. 3. A commission operating on a permanent basis shall convene its first meeting not later than on the fifteenth day after the decision on the appointment of its voting members is taken but not earlier than the term of powers of the previous commission expires. In this case, at least two- thirds of the total number of its members shall be appointed. The powers of the previous commission shall cease as of the date of the first meeting of the new commission. The term of powers of a commission shall start from the date of its first meeting. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 4. The chairman of the election commission of the subject of the Russian Federation shall be elected by secret ballot at the first meeting of such commission out of voting members of the election commission on the basis of the proposal made by the Central Election Commission of the Russian Federation. 5. The chairman of election commission of municipal district, urban district, city territory of the federal city shall be elected by secret ballot at its first meeting out from among voting members of election commission in accordance with the following procedure: CDL-REF(2012)008 - 46 - (as amended by the Federal Law of July 21, 2005, No.93-FZ) a) if there is a proposal of election commission of the subject of the Russian Federation – on the basis of proposal of election commission of the subject of the Russian Federation; b) if there is no proposal of election commission of the subject of the Russian Federation – on the basis of proposals made by voting members of election commission of municipal district, urban district, city territory of the federal city. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 51 The chairman of election commission of settlement is elected by secret ballot at its first meeting out of voting members of this commission on the basis of proposal made by election commission of municipal district, and if election commission of municipal district is not formed – on the basis of proposal of territorial commission. If there is no such proposal, the chairman of election commission of settlement is elected on the basis of proposals made by voting members of election commission of settlement. (Clause 51 introduced by the Federal Law of July 21, 2005, No.93-FZ) 6. If a candidate for the chairman of a commission proposed by the commission is rejected, the election commission that made the proposal in accordance with Clauses 4, 5 and 51 of this Article shall propose another candidate out of the voting members of the commission. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 7. Chairmen of district, territorial, and precinct commissions shall be appointed out of the voting members of such commissions and may be removed by the commissions directly superior to these commissions. 8. The deputy chairman and the secretary of a commission shall be elected by secret ballot at the commission’s first meeting out of the voting members of the commission. 9. Meetings of a commission shall be convened by its chairman as frequently as required. A meeting shall also be held if requested by at least one- third of the established number of the voting members of the commission. 10. A voting member of a commission shall attend all meetings of the commission. 11. A meeting of the Central Election Commission of the Russian Federation shall be considered legally competent if attended by at least ten voting members of the Central Election Commission of the Russian Federation. A meeting of another commission shall be considered legally competent if attended by a majority of the established number of the voting members of this commission. 12. Upon request of any member of commission or any member of superior commission present at the meeting, the commission shall take a vote on any issues within its competence that is considered by the commission at the meeting in accordance with the approved agenda. 13. Decisions of commission regarding election, appointment or removal of its chairman, deputy chairman and secretary, regarding issues of financial support of preparation and conduct of elections and referenda, registration of candidates, lists of candidates, bringing legal actions for cancellation of the registration of candidates, voting results or election results, referendum results, declaring elections or referendum as not having taken place or invalid, as well as decisions regarding repeat voting or repeat election, cancellation of a decision of commission in the procedure provided for by Clause 11, Article 20 and Clauses 6 and 7, Article 75 of this Federal Law shall be taken at a meeting of the commission by a majority of the established number of the voting members of the commission. Decisions on removal of the chairman, the deputy chairman, or the secretary appointed to such positions as the result of election, shall be made by secret ballot (except when these officials are removed at their - 47 - CDL-REF(2012)008 personal request), and election of a new chairman, deputy chairman, or secretary of the commission shall take place in accordance with the procedure established by Clauses 4, 5, 51, 6, and 8 of this Article. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 14. A commission shall take decisions on other issues by a majority of the votes of the present voting members of the commission. 15. In the event of a tie vote of the voting members of commission, the vote of the chairman (the person chairing the meeting) of the commission shall be a casting vote. 16. Decisions of commission shall be signed by its chairman and secretary (the person chairing the meeting and the meeting’s secretary). 17. Voting members of commission who disagree with decision taken by commission, shall be entitled to express in writing their special opinion which shall be reflected in the protocol of commission and attached to its decision such special opinion is related to. If in accordance with the law this decision of commission is subject to publication, such special opinion shall be published in the same manner that the commission decision. (Clause 17 as amended by the Federal Law of July 21, 2005, No.93-FZ) 18. The Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation, election commission of municipal formations, territorial commissions that operate on a permanent basis and are legal entities shall have their administration, structure and staffing plan established by such commissions independently. Members of administration of the Central Election Commission of the Russian Federation shall have the status of federal state employees. Occupying by members of administrations of election commissions of the subjects of the Russian Federation, territorial commissions, election commissions of municipal formations that operate on a permanent basis and are legal entities of respective state service positions in the subject of the Russian Federation, municipal service is established by the laws and other regulatory acts of the subjects of the Russian Federation, statutes of municipal formations and other regulatory acts of bodies of local self- government. Levels of financial support (including the size and nature of monetary compensations, other benefits) and social support of people occupying state or municipal service positions in administration of commissions are established respectively by the federal laws and other regulatory acts of the Russian Federation, the laws and other regulatory acts of the subjects of the Russian Federation, regulatory acts of bodies of local self-government. Federal bodies of state power, bodies of state power of the subjects of the Russian Federation, bodies of local self-government shall take necessary measures to provide financial and social support (including medical, recreational, housing, pension support, and other types of support) of members of commissions’ administrations. 19. Commissions may engage citizens on a contractual basis in order to perform work related to preparation and conduct of elections, referenda, and ensure powers of commissions. (Clause 19 as amended by the Federal Law of July 21, 2005, No.93-FZ)
§ Article 28(untitled)
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