penness in Commissions Activities 1. Members of superior commissions and employees of their administration, candidate registered by this or superior commission or his attorney, authorized representative or attorney of election association which list of candidates is registered by this or superior commission, or candidate out of this list, member or authorized representative of referendum initiative group have the right to attend , a candidate registered by the given or a higher commission or his agent, an authorized representative or an agent of the election association, electoral bloc whose list of candidates has been registered by this or a higher commission or a candidate from the said list, a member or an authorized representative of the referendum initiative group may attend all meetings of the commission and present at counting of votes of voters, referendum participants and observe work of precinct, territorial commission with list of voters, referendum participants, ballots, absentee certificates, protocols of voting results. The aforementioned persons shall not need any additional permission to attend the meetings and be present when the election commission is working with the said election documents and documents related to preparation and conduct of referendum. Commission shall ensure notification and free access for such persons to its meetings and to premises where it counts votes of voters, referendum participants and work with mentioned election documents and documents related to preparation and conduct of referendum. Representatives of mass media have the right to present at all meetings of commission and observe its work with mentioned documents and counting of votes of voters, referendum participants. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 2. Decisions of commissions that are directly related to preparation and conduct of elections, a referendum shall be published in national or municipal print periodicals or otherwise communicated to voters, referendum participants and sent to other mass media in scope and within the period established by the law. When publishing (communicating) decisions of election commissions that contain data on candidates, the following data is not subject to publication: series and number of passport of candidate or document equivalent to citizen’s passport, date of its issue, name or code of body that issued passport or document equivalent to citizen’s passport, and instead of residential address of candidate the name of the subject of the Russian Federation, region, city or other settlement where he resides shall be stated. (as amended by the Federal Law of July 1, 2010, No.133-FZ) 3. On the voting day from the time the precinct commission begins its work and until it is notified by superior commission of acceptance of the protocol of voting results and also during repeat counting of votes of voters, referendum participants persons referred to in Clause 1 of this Article as well as observers, foreign (international) observers may present at election precincts, referendum precincts. 4. During elections conduct an observer may be appointed by a registered candidate, election association that nominated registered candidate, registered candidates, election association that registered the list of candidates. The law may prescribe a possibility of appointment of observers by other public associations. During referendum conduct an observer may be appointed by referendum initiative group, public association that shall be created and registered at a level corresponding to referendum level or superior level. Elected officials, deputies, higher officials of the subjects of the Russian Federation (heads of high executive body of state power of the subjects of the Russian Federation), heads of local administrations, persons directly subordinate to them, judges, prosecutors, voting members of commissions cannot be appointed observers. (Clause 4 as amended by the Federal Law of July 21, 205, No.93-FZ) 5. Access to the premises of the precinct commission of in any election precinct, referendum precinct formed on the territory of a military unit, closed administrative-territorial unit, at a hospital, sanatorium, holiday hotel, investigation and pretrial detention wards and to CDL-REF(2012)008 - 56 - the polling station in this election precinct, referendum precinct shall be provided to all members of the precinct commission, persons indicated in Clause 1 of this article, observers. (as amended by the Federal Law of July 21, 2005, №.93-FZ) 6. Observers, foreign (international) observers may be present at other commissions when they conduct early voting, establish voting results, results of elections, compiling corresponding protocols of voting results, election results or when votes of voters, referendum participants are being recounted. 7. The powers of an observer shall be certified by written credentials issued by a registered candidate or his attorney, election association, public association, referendum initiative group which interests the observer represents. The credentials shall contain the surname, first name and patronymic of the observer; residential address; number of the election precinct; name of the election commission (district, territorial, precinct election commission) to which the observer is sent as well as the note on absence of restrictions referred to in Clause 4 of this Article. Provision of any additional information on the observer shall not be required and the credentials need not be certified by a seal if the observer is appointed by a candidate or his attorney. These credentials shall be valid if produced together with a document certifying the identity of the observer. An advance notice of sending of an observer shall not be required. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 8. The document indicated in Clause 7 of this Article may be presented to a precinct commission in the period indicated in Clause 3 of this Article, to a territorial or another commission - at early voting or in the period from the commencement of voting at election precincts, referendum precincts to the completion of the final protocol for the corresponding territory. Two or more observers representing the same registered candidate, election association, public association, referendum initiative group shall not simultaneously exercise their powers in the premises of the commission, at the polling station. No restrictions other than those established by this Federal Law shall be established in relation to presence of observers at polling station, observation of the voting process, counting of votes of voters, referendum participants, preparation of protocols of voting results, and the issue of copies of protocols of voting results. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 9. Observers shall be entitled to: a) inspect list of voters, referendum participantss, lists of referendum participants registry of absentee certificates issue, absentee certificates at commission disposal, registry of applications on voting outside polling station; (as amended by the Federal Law of July 21, 2005, No.93-FZ) b) be present at polling stations of corresponding election precinct, referendum precinct on the voting day as well as on early voting days at any time during the period specified in Clause 3 of this Article; b1) observe issue of ballots to voters, referendum participants; (Paragraph “b1” introduced by the Federal Law of July 21, 2005, No.93-FZ) c) attend at voting of voters, referendum participants outside polling station; d) watch the number of citizens being entered in the lists of voters, referendum participants, ballots being issued to voters, referendum participants, canceled ballots being counted; watch votes cast by voters, referendum participants being counted at the polling station at elections, a referendum from a distance and under conditions which allow them to see the marks made by voters, referendum participants in the ballots; inspect any marked and unmarked ballot when votes cast by voters, referendum participants are being counted; watch the commission preparing the protocol of voting results and other documents during the period indicated in Clause 3 of this Article; - 57 - CDL-REF(2012)008 e) apply to the chairman of the precinct commission, and in the event of the chairman’s absence, to the person acting in the chairman’s capacity, and make proposals and comments regarding the organization of the voting procedure; f) inspect the protocols of corresponding commission, subordinate commissions of voting results, results of elections, referendum and documents attached thereto, receive from corresponding commission certified copies of such protocols; (as amended by the Federal Law of July 21, 2005, No.93-FZ) g) wear a badge indicating the observer’s status, surname, first name, patronymic, and also surname, first name, patronymic of the registered candidate or the name of the election association, public association that sent observer to commission. The law may prescribe that the form of such badge shall be established by the commission organizing elections, referendum; (as amended by the Federal Law of July 21, 2005, No.93-FZ) h) appeal, in the procedure established by Article 75 of this Federal Law, actions (inaction) of a commission to superior commission, election commission of the subject of the Russian Federation, the Central Election Commission of the Russian Federation or a court; i) be present when the appropriate commissions are recounting votes cast by voters, referendum participants. 10. An observer shall not: a) issue ballots to voters or referendum participants; b) sign for a voter, referendum participant for receipt of ballots even when asked to do so by the voter, referendum participant; c) complete mark ballots for a voter, referendum participant even upon his request; d) do anything violating the secrecy of balloting; e) directly participate in ballot counting conducted by voting members of the commission; f) do anything interfering with the work of the commission; g) conduct campaigning among voters, referendum participants; h) participate in taking decisions by corresponding commission. 11. Representatives of mass media participating in information coverage of preparation and conduct of elections, referenda are entitled to: a) attend commissions meetings; b) inspect protocols of voting results prepared by precinct commissions and protocols of other commissions of voting results, results of elections, referendum, included repeat ones, receive from corresponding commission copies of such protocols and documents attached thereto; c) present at campaign events, cover their conduct; d) present at polling station on the voting day, days of early voting, and produce photo and video footage. (Clause 11 as amended by the Federal Law of July 21, 2005, No.93-FZ 12. Copies of protocols and other documents of commissions shall be certified by the chairman, or the deputy chairman, or the secretary of corresponding commission. In this case, a person certifying the copy of document makes a note on such copy: “True” or “True copy”, sings, puts his surname and initials, date and time of copy certification and affixes the seal of corresponding commission. (Clause 12 as amended by the Federal Law of July 21, 2005, No.93-FZ) 13. Foreign (international) observers shall receive the permit to enter the Russian Federation in the manner provided for by the federal law and, if invited by the bodies of state power, commissions organizing elections, referendum, they shall be accredited by the Central Election Commission of the Russian Federation. Foreign (international) observers shall conduct their activities in compliance with the federal law. CDL-REF(2012)008 - 58 -
§ Article 30(untitled)
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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.