tatus of Commission Members 1. The following persons shall not be appointed as the voting commission members: a) persons that are not citizens of the Russian Federation, as well as citizens of the Russian Federation with a citizenship of a foreign state or residence permit or other document certifying the right for permanent residence of the citizen of the Russian Federation in the territory of a foreign state; (as amended by the Federal Law of July 25,2006, No.128-FZ) CDL-REF(2012)008 - 48 - b) citizens of the Russian Federation declared legally incapable or with limited capability by the decision of a court that came into force; c) citizens of the Russian Federation under the age of 18 years; d) deputies of legislative (representative) bodies of state power, bodies of local self- government; e) elective officials, as well as higher officials of the subjects of the Russian Federation (heads of high executive bodies of state power of the subjects of the Russian Federation), heads of local administration; (as amended by the Federal Law of July 21, 2005, No.93-FZ) f) judges, prosecutors; g) at corresponding elections - candidates, their authorized representatives and attorneys, authorized representatives and attorneys of election associations that nominated candidates; (as amended by the Federal Law of July 21, 2005, No.93-FZ) h) at corresponding referenda – members and authorized representatives of referendum initiative groups; i) at corresponding elections, referenda - non-voting members of commissions; j) at corresponding elections - spouses and close relatives of candidates, close relatives of candidates’ spouses; k) persons directly subordinated to candidates; l) persons removed from commissions by a court decision, as well as persons who lost their powers of the voting members of commissions as the result of dissolution of commission (except persons who were found not guilty for violations of commission by the court), - within five years from the day a corresponding court decision came into force; (Paragraph “l” as amended by the Federal Law of July 21, 2005, No.93-FZ) m) persons who have previous convictions that was not withdrawn or spent, as well as people subject to administrative punishment by court decision for violation of the legislation on elections and referenda, - within one year from the day a decision (resolution) of court on administrative punishment came into force. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 2. Provisions of Paragraphs “g”, “j” and “k”of Clause 1 of this Article shall not apply to members of precinct, territorial and district election commissions if the candidate is nominated or registered in another electoral district. 3. Under this Federal Law, direct subordination is construed as service-related or work- related relationship between a superior and a subordinate, whereby the superior has, in relation to the subordinate, powers or managerial authorities, i.e. has the right to employ or dismiss the subordinate or, within his position-related authority, issue to the subordinate binding orders, instructions, or directions, reward the subordinate or subject him to disciplinary penalties. 4. A voting member of a commission shall not, at one and the same election, referendum, be a voting member of another commission. 5. The term of powers of voting members of a commission shall expire at the same time with the expiration of the powers of the commission of which they are members. 6. A voting member of a commission shall be relieved from the duties of a commission’s member by a decision of the same body that appointed him if: a) the commission member files a written resignation. Such application cannot be filed during the period starting in ten days before the voting day and ending on the day of establishment of voting results, results of elections, referenda, except cases when it is filed in connection to compelling circumstance: severe disease, severe impairment of health of commission member, his close relatives; Paragraph “a” as amended by the Federal Law of July 21, 2005, No.93-FZ) - 49 - CDL-REF(2012)008 b) grounds occurred that are referred to in Clauses 1 and 4 of this Article, except the case of suspension of powers of commission member referred to in Clause 7 of this Article and cases referred to in Paragraphs “a”, “b” and “m” of Clause 1 of this Article. 7. If the grounds referred to in Paragraph “j” of Clause 1 of this Article occurred, powers of a voting member of a commission who works on a permanent (staff) basis shall be suspended by a decision of the corresponding commission, provided such suspension does not legally disqualify the composition of the commission such that it is not legally competent to exercise its powers. If such suspension of a commission member leads to making the commission legally incompetent, powers of such commission member are terminated by a decision of the body that appointed him. 8. Powers of a voting member of a commission shall be terminated immediately if: a) the commission member ceases to be a citizen of the Russian Federation or obtains a citizenship of a foreign state or residence permit or other document certifying the right of the citizen of the Russian Federation to permanently reside in the territory of the foreign state; (as amended by the Federal Law of July 25, 2006, No.128-FZ) b) a guilty verdict of a court against the commission member, or a court ruling subjecting the commission member to an administrative penalty for violation of the legislation on elections and referenda comes into force; c) a decision of court that declares a commission member legally incapable, with limited capability, missing or dead comes into force; d) the death of commission member; e) upon a corresponding commission application a commission member is declared as failing to perform his duties by a decision of court that comes into force; f) a decision of court on dissolution of commission in accordance with Article 31 of this Federal Law comes into force. (Paragraph “f” introduced by the Federal Law of July 21, 2005, No.93-FZ) 9. Ceased to be in force. – The Federal Law of July 21, 2005, No.93-FZ) 10. If the body that appointed a commission member fails to take a decision on early termination of powers of this commission member within one month, and during the period of an election campaign, within ten days from the date when this body received a written resignation of the commission member or at occurrence of other grounds preventing him from performing his duties, the decision to terminate powers of such commission member shall be taken by the commission of which he is a member within three days from the expiration of the above periods. 11. The body that appointed a commission member shall appoint a new commission member in the place of the member withdrawn on the grounds referred to in Clauses 6 and 8 of this article not later than in a month time, and during the period of an election campaign, the period from calling a referendum until the end of the referendum campaign, not later than in ten days after such withdrawal in accordance with the provisions of Clause 4, Article 21, Articles 22-27 of this Federal Law. If this requirement fails to be fulfilled, a new member of the election commission of the subject of the Russian Federation is appointed by the Central Election Commission of the Russian Federation, election commission of municipal district, urban district, city territory of the federal city – by election commission of the subject of the Russian Federation, election commission of settlement – by election commission of municipal district (if such commission is not formed – territorial election), other commission – by superior commission in accordance with requirements established by this Federal Law. (as amended by the Federal Law of July 21, 2005, No.93-FZ). 12. The Chairman, Deputy Chairman, and Secretary of the Central Election Commission of the Russian Federation, the chairman, deputy chairman, and secretary of the CDL-REF(2012)008 - 50 - election commission of the subject of the Russian Federation, the chairman or the secretary of another commission that operates on a permanent basis and is a legal entity shall work in the corresponding commission on a permanent (staff) basis. The chairman of the election commission of the subject of the Russian Federation shall have higher professional education. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of April 20, 2007, No.62-FZ) 13. Except for members of the Central Election Commission of the Russian Federation referred to in Clause 12 of this Article, voting members of the Central Election Commission of the Russian Federation may in the commission on a permanent (staff) basis. 14. Except for members referred to in Clause 12 of this Article, the possibility of working on a permanent (staff) basis for voting members of the election commission of the subject of the Russian Federation, voting members of the election commission of municipal formation, territorial commission that operate on a permanent basis and are legal entities, and the size and nature of monetary compensation of voting members of the said commissions that work on a permanent (staff) basis, other benefits to these commission members shall be established by laws, other regulatory acts of the subjects of the Russian Federation, the statutes of municipal formations, regulatory acts of bodies of local self-government. 15. A voting member of the Central Election Commission of the Russian Federation who works for this commission on a permanent (staff) basis, shall occupy a state position of the Russian Federation. A voting member of the election commission of the subject of the Russian Federation who works for the commission on a permanent (staff) basis, a voting member of another election commission that operates on a permanent basis and is a legal entity shall occupy, in accordance with a law, another regulatory act of the subject of the Russian Federation, the statute of the municipal formation, another regulatory act of the body of local self-government, respectively, a state position of the subject of the Russian Federation, a municipal position. Such persons shall not hold other positions in bodies of state power, state bodies, bodies of local self-government, be involved in business or another paid activity, with the exceptions of educational, scientific, or other creative activities. Educational, scientific and other creative activity shall not be financed solely by foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise is stipulated by an international treaty of the Russian Federation or the legislation of the Russian Federation. (as amended by the Federal Laws of March 2, 2003, N.24-FZ, of December 25, 2008, No.274- FZ) 151 Member of the Central Election Commission of the Russian Federation, as well as member of election commission of the subject of the Russian Federation working for commission on a permanent (staff) basis, member of another election commission that operates on a permanent basis and is a legal entity, working for such commission on a permanent (staff) basis is not allowed to: a) be a member of governing bodies, boards of trustees or supervisory councils, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions acting in the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation. b) receive in relation with performing his duties any remuneration (loans, monetary and other remuneration, services, payments for entertainment, rest, transport expenses) from physical and legal entities not stipulated by the legislation of the Russian Federation. Gifts received by a member of election commission in connection to protocol events are considered respectively federal property, property of the subject of the Russian Federation, municipal property and shall be delivered by the member of election commission under an acceptance act to corresponding election commission save as otherwise stipulated by the legislation of the Russian Federation. Member of election commission delivered a gift that was received in connection with a protocol event can redeem it in the order established by regulatory acts of the Russian Federation; - 51 - CDL-REF(2012)008 c) exit in connection with performance of his duties the territory of the Russian Federation at the expense of funds provided by physical and legal entities, except business trips performed in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation or mutual agreements of bodies of state power, bodies of local self-government with state bodies (bodies) of foreign states, international and foreign organizations; d) use for the purposes not related to performance of his duties material-technical, financial and information support means designated for official use; e) disclose or use for purposes not connected to performance of his duties information ranked as information of limited access or confidential information in accordance with the federal law that they became aware of in connection with performance of their duties. (Clause 151 introduced by the Federal Law of December 25, 2008, No.274-FZ) 152 In case of holding by a member of election commission referred to in Clause 151 of this Article of earning securities or shares (shares in authorized capitals of organization) that may lead to a conflict of interest, he shall transfer such securities, shares (shares in authorized capitals of organizations) into trust in accordance with the legislation of the Russian Federation. (Clause 152 introduced by the Federal Law of December 25, 2008, No.274-FZ) 16. 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) to persons listed in Clauses 12-14 of this Article. The level of financial support (including the size and nature of monetary compensation, other benefits) and social support to the member of the Central Election Commission of the Russian Federation, working for this commission on a permanent (staff) basis, shall not be lower than the level of financial and social support established for persons occupying state positions of the Russian Federation in federal executive body; member of election commission of the subject of the Russian Federation, working for such commission on a permanent (staff) basis – not lower than the level of material and social support established for persons occupying state positions of the subject of the Russian Federation in legislative (representative) or execute body of state power of the subject of the Russian Federation; member of territorial commission, working for such commission on a permanent (staff) basis – not lower than the level of material and social support established for persons occupying higher positions of state civil service of the subject of the Russian Federation in executive body of state power of the subject of the Russian Federation or in its territorial body; member of election commission of municipal formation, working for such commission on a permanent (staff) basis – not lower than the level of material and social support established for persons occupying municipal positions in representative body of municipal formation. The size and nature of monetary compensation and other benefits provided to the said persons shall be established, respectively, by the federal laws and other regulatory acts of the Russian Federation, 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. (Clause 16 as amended by the Federal Law of July 21, 2005, No.93-FZ) 161 Persons occupying state positions of the Chairman, Deputy Chairman, Secretary or voting member of the Central Election Commission of the Russian Federation, working for such commission on a permanent (staff) basis, terms of powers of which expired due to termination of powers of the Central Election Commission of the Russian Federation they worked for and not appointed as members of such commission of new term, for the period of looking for employment or arranging a pension (but for not more than three months from the day such powers were expired) shall be paid monetary remuneration established in accordance with occupied positions and continue being provided with medical, sanatorium-resort and housing support (including members of their families). Such persons occupying state positions of the Chairman, Deputy Chairman, Secretary or voting member of the Central Election Commission CDL-REF(2012)008 - 52 - of the Russian Federation, working for such commission on a permanent (staff) basis, retain uninterrupted length of service on condition not more than three months passed from the day their powers were expired and the day they were employed or received pension. Guarantees for voting members of other election commissions that operate on permanent basis and are legal entities, working for such commissions on a permanent (staff) basis, are established by the laws of the subjects of the Russian Federation. (Clause 161 introduced by the Federal Law of July 21, 2005, No.93-FZ) 17. A voting member of a commission may be eligible to extra compensation (remuneration) for his work for the commission during preparation and conduct of elections, a referendum. A voting member of a commission who was relieved, at the request of the commission, from his main job for the period of preparation and conduct of elections, a referendum, shall retain his main job (office) and be compensated for the period during which he was relieved from his main job. The size of and the procedure of payment of such compensation and extra compensation (remuneration) shall be established by the commission organizing the respective election, referendum out of and within the limits of the funds allocated from budgets for the conduct of such election, referendum. 18. Decisions on criminal prosecution of a voting member of commission or his joining as defendant to criminal action shall be taken by the head of investigating authority of the Investigative Committee of the Russian Federation in the subject of the Russian Federation. Petition to court on detention of a voting member of commission as judicial restraint can be filed upon consent of the head of investigating authority of the Investigative Committee of the Russian Federation. A voting member of commission cannot be subject to administrative punishment imposed by court without consent of the Prosecutor of the subject of the Russian Federation. (as amended by the Federal Laws of July 24, 2007, No.214-FZ, of December 28, 2010, No.404-FZ) 181 Decisions on criminal prosecution of a voting member of the Central Election Commission, Chairman of the election commission of the subject of the Russian Federation, their joining as defendants to criminal actions shall be taken by the Chairman of the Investigative Committee of the Russian Federation. Petition to court on detention of a voting member of the Central Election Commission of the Russian Federation, Chairman of election commission of the Russian Federation as judicial restraint can be filed upon consent of the Chairman of the Investigative Committee of the Russian Federation. A voting member of the Central Election Commission of the Russian Federation, Chairman of election commission of the subject of the Russian Federation cannot be subject to administrative punishment imposed by court without consent of the Prosecutor General of the Russian Federation. (Clause 181 introduced by the Federal Law of July 24, 2007, No.214-FZ, as amended by the Federal Law of December 28, 2010, No.404-FZ) 19. A voting member of a commission prior to expiration of his powers, a non-voting member of a commission member during the period of election campaign, referendum campaign cannot be dismissed from their jobs upon the initiative of employer or transferred to a different job without their consent. 20. From the day of filing documents for registration a candidate, list of candidate, a candidate, election association that nominated a list of candidates, is entitled to appoint one non-voting member of this election commission, and in case of registration of a candidate, a list of candidates – one non-voting member of election commission to each subordinate election commission. Election association that nominated a registered candidate (registered candidates) for single-seat (multi-seat) electoral district is entitled to appoint one non-voting member of superior (with relation to election commission that registered candidate (s)) election - 53 - CDL-REF(2012)008 commission. Each election association is entitled to appoint not more than one non-voting member of election commission. (Clause 20 as amended by the Federal Law of July 21, 2005, No.93-FZ) 21. After the official publication of a decision to call a referendum, a referendum initiative group, election associations which lists of candidates were admitted to distribution of deputy seats in legislative (representative) body of state power, representative body of municipal formation or legislative (representative) body of a higher level, as well as political parties which federal lists of candidates 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”, and political parties which lists of candidates received deputy seats in accordance with the law of the subject of the Russian Federation, referred to in Clause 17, Article 35 of this Federal Law are entitled to appoint one non-voting member of referendum commission to corresponding and subordinate referendum commission. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of May 12, 2009, No.94-FZ, of April 22, 2010, No.63-FZ) 211 Persons referred to in Paragraphs “a”, “b”- “f”, Clause 1 of this Article, citizens of the Russian Federation declared legally incapable by court decision that came into force, members of the Federation Council of the Federal Assembly of the Russian Federation, employees of commission administrations, attorneys of candidates, election associations, as well as persons performing command duties in military units, military organizations and institutions may not be appointed non-voting members of commissions. (Clause 211 introduced by the Federal Law of July 21, 2005, No.93-FZ) 212 Voting members of commissions, authorized by corresponding commission, shall prepare protocols on administrative violations in accordance with the Code of Administrative Offence of the Russian Federation. (Clause 212 introduced by the Federal Law of July 21, 2005, No.93-FZ) 22. A non-voting member of commission shall have the same rights as a voting member of commission with regards to issues of preparation and conduct of elections, referendum, except the right to: a) issue and sign ballots, absentee certificates; b) participate in sorting out, counting, and canceling of ballots; c) compile the protocol of voting results, results of elections, referendum; d) participate in the voting during taking decision on issues of corresponding commission competence and sing commission decisions; e) prepare protocols on administrative offence. (Clause “e” introduced by the Federal Law of July 21, 2005, No.93-FZ) The provisions contained in this Clause shall not serve as a reason for refusing a non- voting member of a commission the right to be present at the performance of any actions mentioned in this Clause. 23. A voting member of commission and a non-voting member of commission shall: a) receive timely notices of meetings of the corresponding commission; b) speak at the commission’s meetings, make proposals on issues within the scope of competence of the corresponding commission, and request that these matters be put to the vote; c) put questions to other participants in the commission’s meeting in accordance with the agenda, and receive meaningful answers to these questions; d) inspect documents and materials (including lists of voters, referendum participants, with signature lists, financial statements of candidates, election associations, ballots) that are directly connected to elections, referendum, including documents and materials in machine- readable format, of corresponding and subordinate commissions and receive copies of these CDL-REF(2012)008 - 54 - documents and materials (with exception of ballots, absentee certificated, lists of voters, referendum participants, signature lists, other documents and materials that contain information declared confidential in the manner established by the federal law), require certifying of such copies; (as amended by the Federal Law of July 21, 2005, No.93-FZ) e) make sure that the number of voters who took part in the voting was calculated correctly according to lists of voters, referendum participants, was correctly calculated, ballots were correctly sorted for candidates, election associations, answers to referendum questions; (as amended by the Federal Law of July 21, 2005, No.93-FZ) f) appeal action (inaction) of commission in corresponding superior commission or court. 24. The powers of non-voting members of election commission operating on a permanent basis, who were appointed by candidates who were elected, election associations, which lists of candidates were admitted to distribution of deputy seats, political parties which federal lists of candidates 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” and political parties, which lists of candidates received deputy seat in accordance with the law of the subject of the Russian Federation referred to in Clause 17, Article 35 of this Federal Law, shall continue till the end of registration of candidates, lists of candidates in next elections to same body or for same position. Powers of other non-voting members of election commission that operates on permanent basis expire together with the end of corresponding election campaign. Powers of non-voting members of other election commissions, as well as members of referendum commission expire together with expiration of these commission powers. If candidate is refused a registration, and election association is refused registration of list of candidates, or registration of candidate, list of candidate is cancelled, powers of non0voting members of election commission appointed by such candidate, election association that nominated this candidate, such list of candidates expire respectively from the day of refusal of registration, its cancellation, and if the decision to refuse registration is appealed in court – from the day the decision of court on lawfulness of the refusal of registration came into legal force. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of May 12, 2009, No,94-FZ, of April 22, 2010, No.63-FZ) 25. A non-voting commission member shall, within the period of his powers, have the rights established by this Article related to preparation and conduct of all elections and referenda in which this commission is involved. 26. The powers of a non-voting commission member may be terminated by a decision of the person or body that appointed such commission member, and delegated to another person. 27. Elected candidates, election associations which lists of candidates were admitted to distribution of deputy seats, political parties which federal lists of candidates 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”, and political parties which lists of candidates received deputy seats in accordance with the law of the subject of the Russian Federation referred to as Clause 17, Article 35 of this Federal Law within the term of powers of deputy, official have the right to appoint non-voting members of election commissions that operate on permanent basis including instead of those withdrawn. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of May 12, 2009, No.94-FZ, of April 22, 2010, No.63-FZ) - 55 - CDL-REF(2012)008
§ Article 29(untitled)
en · 28,896 chars · active
Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.