§ Article 38(untitled)

egistration of Candidates, Lists of Candidates, Procedure for Calling of
Referendum
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 1. A candidate, a list of candidates shall be registered by corresponding election
commission upon availability of documents stated in Clauses 2 and 3, Article 33 of this Federal
Law, other documents required by the law, to be submitted to corresponding election
commission for notice on nomination of candidate, lists of candidates, and upon availability of
required number of signatures of voters collected in support of nomination of candidate, list of
candidates (unless otherwise is provided for by the law of the subject of the Russian Federation
in accordance with Clause 17 of this Article), or upon availability of decision of political party
stated in Clause 16, 162 or 164 of this Article. Availability of required number of signatures of
referendum participants collected in support of initiative to conduct a referendum, put forward
by referendum initiative group shall be the ground for calling a referendum in the order
established by the law.
(as amended by the Federal Laws of December 5, 2006, No.225-FZ, of February 9, 2009,
No.3-FZ, of April 22, 2010, No.63-FZ, of March 20, 2011, No.38-FZ)

 11 If corresponding election commission identifies that data on candidates is incomplete
or requirements to preparation of documents are not met, not later than in three days before
the meeting of such election commission that shall consider the issue of registration of
candidate, list of candidates, such election commission shall notify a candidate, election
association to this effect. Not later than in one day before the day of the meeting of election
commission that shall consider the issue of registration of candidate, list of candidates, a
candidate is entitled to make supplements and amendments to documents that contain data on
him, and election association – to documents that contain data on candidate (candidates)
nominated by such association, including within the list of candidates, and to other documents
(except signature lists with signatures of voters and the list of persons collecting signatures of
voters, referendum participants) submitted to election commission for the purpose of notifying
candidate (candidates), list of candidates of nomination and registration, in order to bring such
 - 73 - CDL-REF(2012)008

documents in compliance with requirements of the law, including with regards to their
preparation. Candidate, election association is entitled to replace the submitted document in
case it was prepared with violation of the law requirements.
(Clause 11 introduced by the Federal Law of December 5, 2006, No.225-FZ, as amended by
the Federal Law of July 23, 2011, No.259-FZ)

 2. The number of signatures of voters, referendum participants collected in support of
candidate, list of candidates, referendum initiative and submitted for the purposes of registration
of candidate, list of candidates, for calling a referendum may exceed the number of signatures
required for such registration, but not more than by 10 percent unless otherwise is established
by the federal law. If registration of candidate, list of candidates, calling a referendum requires
less than 40 signatures, the number of submitted signatures of voters, referendum participants
may exceed the number of signatures required for registration of candidate, list of candidates,
for calling a referendum, but by no more than four signatures.

 3. The law shall provide for a procedure to check compliance of the procedure of
collecting signatures of voters, referendum participants, preparation of signature lists,
authenticity of data on voters, referendum participants and their signatures, as well as grounds
for invalidation of signatures. All or some of the signatures submitted may be subjected to
verification, but not less than randomly selected (drawn) 20 percent of the number of signatures
required by law for registration of candidate, list of candidates, for calling a referendum.
Verification may be carried out by members of subordinate commissions, experts out of
specialists of internal affairs bodies, justice institutions, military commissariats, bodies of
registration of citizens of the Russian Federation at place of stay and place of residence within
the Russian Federation, and other state bodies. Opinions of experts may form the grounds for
recognizing data on voters, referendum participants and their signatures unauthentic and (or)
invalid. Opinions of experts shall be stated in written form in signature lists verification
statements or in other documents.
(as amended by the Federal Law of July 23, 2011, No.259-FZ)

 31 GAS “Vybory” is used to identify authenticity of data on voters, referendum
participants contained in signature lists during election of deputies of legislative (representative)
bodies of state power of the subject of the Russian Federation, head and deputies of
representative bodies of urban district with no territorial division, municipal district, city territory
of the federal city, at putting forward of initiative to conduct a referendum of the subject of the
Russian Federation, referendum of urban district with no territorial division, municipal district,
city territory of the federal city, including the registry of voters, referendum participants. GAS
“Vybory” is used to identify authenticity of data on voters, referendum participants contained in
signature lists during election of head and deputies of representative body of urban district with
territorial division, settlement, at putting forward of initiative to conduct a referendum of urban
district with territorial division, settlement by decision of election commission of the subject of
the Russian Federation.
(Clause 31 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 4. Signatures in signature lists excluded (crossed out) by persons initiating nomination
of candidate, list of candidates, initiating referendum are not subject to verification and account
if such actions are specifically noted by them in signature list or in protocol of results of
signatures collection before submission of signature lists to commission.

 5. No abbreviations of words or dates contained in the data on voter, referendum
participant shall constitute grounds for declaring his signature invalid, provided such
abbreviations do not prevent unambiguous interpretation of such data.
(as amended by the Federal Law of December 5, 2006, No.225-FZ)
CDL-REF(2012)008 - 74 -

 6. Any candidate that submitted the number of voters’ signatures required for
registration, his authorized representatives or attorneys, authorized representatives or attorneys
of any election association that nominated candidates, lists of candidates and submitted the
number of voters’ signatures required for registration, authorized representatives of referendum
initiative group that submitted the number of referendum participants’ signatures are entitled to
be present at verification of signatures of voters, referendum participants. Candidate,
authorized representative of election association, referendum initiative group that submitted the
established number of signatures of voters, referendum participants shall be notified of
corresponding verification.

 61 On the results of verification of signatures of voters, referendum participants and
corresponding data in voters, referendum participants contained in signature lists, the signature
of voter, referendum participant may be recognized authentic or unauthentic and (or) invalid.
(Clause 61 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 62 If during verification of signatures of voters, referendum participants several
signatures of one and the same voter, referendum participant in support of nomination of one
and the same candidate, list of candidates, one and the same initiative to conduct a referendum
are detected, only one signature is recognized as authentic, and other signatures are
recognized as unauthentic.
(Clause 62 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 63 Signature entered by a person on behalf of another person is recognized unauthentic
on the ground of an opinion of an expert engaged in verification of signatures of voters,
referendum participants in accordance with Clause 3 of this Article.
(Clause 63 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 64 The following signatures are recognized as invalid:
 a) signatures of voters, referendum participants collected prior to the day of payment for
production of signature lists, and at election to bodies of local self-government, at putting
forward of initiative to conduct a local referendum – prior to the day following the day of
notifying of commission on nomination of candidate, certification of list of candidates,
registration of local referendum initiative group;
 b) signatures of persons without the active electoral right, right to participate in
referendum;
 c) signatures of voters, referendum participants that entered incorrect data into
signature list. In this case a signature may be recognized as invalid upon availability of official
certificate of body in charge of registration of citizens of the Russian Federation at place of stay
and place of residence within the Russian Federation, or opinion of an expert engaged in
verification of signatures of voters, referendum participants in accordance with Clause 3 of this
Article;
 d) signatures of voters, referendum participants without provision of data required in
accordance with this Federal Law and (or) without personal entering of the date by voter,
referendum participant into a signature list;
 e) signatures of voters, referendum participants whose data was entered into a
signature list other than by handwriting or with a pencil;
 f) signatures of voters, referendum participants with corrections in dates of their entering
into a signature list, if such corrections were not specified by voters, referendum participants, as
well as signatures of voters, referendum participants, dates of which were entered other than by
handwriting – on the ground of opinion of an expert engaged in verification of signatures of
voters, referendum participants in accordance with Clause 3 of this Article;
 g) signatures of voters, referendum participants with corrections in corresponding data
on voters, referendum participants, if these corrections were not specified by voters,
referendum participants or persons collecting signatures of voters, referendum participants;
 - 75 - CDL-REF(2012)008

 h) all signatures of voters, referendum participants in signature list if such signature list
was not personally certified by person collecting signatures of voters, referendum participants
and (or) authorized representative of election association that nominated list of candidates,
candidate, authorized representative of referendum initiative group, or at least one of such
signatures is unauthentic, or if such signature list was certified by a person collecting signatures
of voters, referendum participants who did not attain to the age of 18 years and (or) such
person was recognized by the court as incompetent, or if at least one of date of certification of
signature list was not stated or was not stated personally, or if the data on person collection
signatures of voters, referendum participants and (or) the date of singing this list by such
person and (or) authorized representative of election association that nominated the list of
candidates, by candidate, authorized representative of referendum initiative group contain
corrections not specified by person collecting signatures of voters, referendum participants,
authorized representative of election association that nominated the list of candidates, by
candidate, authorized representative of referendum initiative group and if the data on person
collecting signatures of voters, referendum participants, and (or) authorized representative of
election association that nominated the list of candidates, candidate, authorized representative
of referendum initiative group entered into signature list are not complete or accurate, or if the
data on person collecting signatures of voters, referendum participants was not entered by him
personally;
 i) all signatures of voters, referendum participants in signature lists, form of which does
not meet the requirements established by Annexes 4-9 to this Federal Law, and (or) which
does not contain data required by Clauses 9 and 10 of this Federal Law, and (or) prepared
without compliance with requirements stipulated by Clause 5, Article 37 of this Federal Law;
 j) signatures of voters, referendum participants collected with violation of requirements
stipulated by Clause 6, Article 37 of this Federal Law;
 k) signatures of voters, referendum participants, if data in such lists was entered not by
voters, referendum participants signing the lists and not by person collecting signatures of
voters, referendum participants entered into such list – on the grounds of opinion of an expert
engaged in verification of signatures of voters, referendum participants in accordance with
Clause 3 of this Article;
 l) all signatures of voters, referendum participants in signature list that was certified by a
person collecting signatures and not included in the list prepared in accordance with Clause 16,
Article 37 of this Federal Law (if preparation of the list of persons collecting signatures of voters,
referendum participants, is required by the law);
 m) signatures of voters, referendum participants that were entered into signature list
after certification of such signature list by person collecting signatures of voters, referendum
participants, and (or) authorized representative of election association that nominated list of
candidates, candidate, authorized representative of referendum initiative group;
 n) all signatures of voters, referendum participants in signature list, if the certifying note
of person collecting signatures of voters, referendum participants was entered after certifying
note of authorized representative of election association that nominated list of candidates,
candidate, authorized representative of referendum initiative group.
(Clause 64 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 65 If a signature list contains filled line (lines) that does (do) not meet requirements of
this Federal Law, only one signature in such line (lines) shall not be accounted save as
otherwise stipulated by Paragraphs “h”, “i”, “l” and “n”, Clause 64 of this Article.
(Clause 65 introduced by the Federal Law of July 23, 2011, No.259-FZ)

 66 Corrections and erasures specifically stipulated by voter, referendum participant
certifying signature list shall not serve as grounds for invalidation of signature of voter,
referendum participant, if it is not recognized as unauthentic or invalid in accordance with
Paragraphs “h”, “i”, “l” and “n”, Clause 64 of this Article.
(Clause 66 introduced by the Federal Law of July 23, 2011, No.259-FZ)
CDL-REF(2012)008 - 76 -

 7. Upon completion of verification of signature list a final protocol is prepared that states
the number of declared signatures, number of submitted signatures and number of verified
signatures of voters, referendum participants, as well as the number of signatures recognized
as unauthentic and (or) invalid with stating the grounds for such recognition. Copy of protocol
shall be given to candidate, authorized representative of election association, referendum
initiative group not later than in two days before the meeting of commission that will consider
the issue of registration of this candidate, list of candidates, conduct of referendum. If
verification of signature lists carried out by commission leads to consequences stipulated in
Paragraph “e”, Clause 24 or Paragraph “d”, Clause 25 of this Article, a candidate, authorized
representative of election association, referendum initiative group is entitled to receive copies of
signature lists verification statements together with copy of final protocol provided by
commission, that will indicate grounds (reasons) for recognition of signatures of voters,
referendum participants as unauthentic and (or) invalid, with indication of numbers of folder,
signature list and line in signature list that contains each of such signatures, as well as receive
copies of official documents on the grounds of which corresponding signatures were
recognized as unauthentic and (or) invalid. Final protocol shall be attached to decision of
commission on registration of candidate, list of candidates or on refusal to register candidate,
list of candidates, on results of putting forward of initiative to conduct a referendum. Repeat
verification of signature lists after commission takes such decision can be carried out only court
or commission in accordance with Clause 6, Article 76 of this Federal Law and only in relation
to signatures subject to verification.
(as amended by the Federal Law of December 5, 2006, No.225-FZ)

 8-15. Ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.

 16. Registration of candidates, lists of candidates nominated by political parties which
federal list of candidates on the basis of officially published results of the closest previous
election of deputies of the State Duma of the Federal Assembly of the Russian Federation was
admitted to distribution of deputy seat (federal list of candidates received deputy seat 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 well as registration of candidates, lists of
candidates nominated by regional branches or other structural subdivisions of such political
party (if it is provided for by statute of political party) shall be carried out without collection of
signatures on condition that such official publication was made before the documents required
for registration of candidate, list of candidates were submitted to election commission.
Registration of such candidate, list of candidates is carried out on the basis of decision on
nomination of such candidate, list of candidates taken by political party, its regional branch or
other structural subdivision in the order established by the federal law. On the basis of such
decision collection of signatures is not required for registration of candidate, list of candidates
nominated by political party which lists of candidates were admitted to distribution of deputy
seats (lists of candidates received deputy seats in accordance with the law of the subject of the
Russian Federation under Clause 17, Article 35 of this Federal Law) in legislative
(representative) bodies of state power operating as of the day of official publication of decision
on calling election in not less than one third of the subjects of the Russian Federation, and
registration of candidates, lists of candidates nominated by regional branches or other structural
subdivisions of such political party (if it is provided for by statute of political party).
(as amended by the Federal Laws of February 9, 2009, No.3-FZ, of May 12, 2009, No.94-FZ, of
June 3, 2009, No.108-FZ, of April 22, 2010, No.63-FZ)

 161 List of political party subject to provisions of Clause 16 of this Article is prepared by
the Central Election Commission of the Russian Federation and published on its site in
information-telecommunication network “Internet” and updated in accordance with results of
election of deputies of legislative (representative) bodies of state power.
(Clause 161 introduced by the Federal Law of June 3, 2009, No.108-FZ, as amended by the
Federal Law of July 11, 2011, No.200-FZ)
 - 77 - CDL-REF(2012)008

 162 During election to legislative (representative) body of state power of the subject of
the Russian Federation, as well as during the election to bodies of local self-government in the
territory of the subject of the Russian Federation, registration of candidate, list of candidates
nominated by political party which list of candidates on the basis of officially published results of
the closest previous election of deputies of legislative (representative) bodies of state power of
this subject of the Russian Federation was admitted to distribution of deputy seats (list of
candidates received deputy seat in accordance with the law of the subject of the Russian
Federation under Clause 17, Article 35 of this Federal Law), as well as registration of
candidates, lists of candidates nominated by regional branches or other structural subdivisions
of such political party (if it is provided for by statute of political party) shall be carried out without
collection of signatures on condition that such official publication was made before the
documents required to registration of candidate, list of candidates were submitted to election
commission. Registration of such candidate, list of candidates is carried out on the basis of
decision on nomination this candidate, list of candidates taken by political party, its regional
branch or other structural subdivision in the order established by the federal law.
(Clause 162 introduced by the Federal Law of April 22, 2010, No.63-FZ)

 163 List of political parties subject to provisions of Clause 162 of this Article is prepared
by election commission of corresponding subject of the Russian Federation and published on
its site in information-telecommunication network “Internet” and updated in accordance with
results of election of deputies of legislative (representative) body of state power of this subject
of the Russian Federation.
(Clause 163 introduced by the Federal Law of April 22, 2010, No.63-FZ, as amended by the
Federal Law of July 11, 2011, No.200-FZ)

 164 During elections to bodies of local self-government of municipal formation
registration of candidate, list of candidates nominated by political party which list of candidates
on the basis of officially published results of the closest previous election of deputies of
representative body of this municipal formation (during elections to bodies of local self-
government of settlement – also on the basis of officially published results of the closest
previous elections of deputies representative body of corresponding municipal district) was
admitted to distribution of deputy seats, as well as registration of candidates, lists of candidates
nominated by regional branch or other structural subdivisions of such political party (if it is
provided for by the statute of political party) is carried out without collection of signatures of
voters on conditions that such official publication was made before documents required for
registration of candidate, list of candidates were submitted to corresponding election
commission. Registration of such candidate, list of candidates is carried out on the basis of
decision on nomination of this candidate, list of candidates taken by political party, its regional
branches and other structural subdivision in the order established by the federal law.
(Clause 164 introduced by the Federal Law of March 20, 2011, No.38-FZ)

 165 List of political parties subject to provisions of Clause 164 of this Article is prepared
by election commission organizing elections of deputies of representative body of
corresponding municipal formation and published on its site and (or) at its request on site of
election commission of the subject of the Russian Federation in information-telecommunication
network “Internet” and updated in accordance with results of election of deputies of
representative body of this municipal formation.
(Clause 165 introduced by the Federal Law of March 20, 2011, No.38-FZ, as amended by the
Federal Law of July 11, 2011, No.200-FZ)

 17. During elections to representative bodies of municipal formations with the average
quota of voters’ representation established by the law of less than ten thousand signatures of
voters in support of nomination of candidates is not required if the law of the subject of the
Russian Federation provides for registration of candidates on the basis of applications.
CDL-REF(2012)008 - 78 -

(as amended by the Federal Law of February 9, 2009, No.3-FZ)

 18. Within an established period that shall not exceed ten days, election commission
shall check the compliance of the procedure of nomination of candidate, list of candidates with
the requirements of the law and shall decide to register candidate, list of candidates or to refuse
such registration.
(as amended by the Federal Law of December 5, 2006, No.225-FZ)

 19. At one and the same election, a candidate may only be registered in one electoral
district. This rule shall not apply to registration of candidate when the candidate is nominated at
the same election, by one election association simultaneously in a single-seat (or multi-seat)
electoral district and in a list of candidates.

 20. During registration of candidate nominated by election association, decision of
election commission shall indicate the fact of his nomination by election association and the
name of this election association. If a candidate is registered both in a single-seat (or multi-
seat) electoral district and in a list of candidates, the decision of election commission shall
indicate the fact that the candidate is also registered in the list of candidates.

 21. If the procedure of putting forward the initiative to conduct a referendum complies
with the requirements of the law, the statute of a municipal formation, referendum commission
specified in Clause 2, Article 36 of this Federal Law shall, within 15 days of the date when
referendum initiative group submits signature lists and a protocol of signature collection,
forward these signature lists, a copy of the signature collection protocol and a copy of its
decision to the legislative (representative) body of state power of the subject of the Russian
Federation or to the representative body of municipal formation which in accordance with the
constitution (statute), the law of the subject of the Russian Federation, the statute of municipal
formation are authorized to take a decision to call a referendum. A copy of such commission’s
decision shall also be sent to referendum initiative group.

 22. If a dispute on competence in connection with the calling of a referendum of the
subject of the Russian Federation arises between bodies of state power of the Russian
Federation and bodies of state power of the subject of the Russian Federation, preparation of
the referendum shall be suspended pending the decision of the Constitutional Court of the
Russian Federation.

 23. In the event of a refusal to register candidate, list of candidates, removal of
candidate out of the list of candidate, refusal to call a referendum, a corresponding commission
shall, within one day of the date of the decision on refusal of registration, removal out of the list,
refusal to conduct a referendum, issue to candidate, authorized representative of election
association that nominated candidate, list of candidates, authorized representative of
referendum initiative group respectively a copy of the commission’s decision stating the
grounds for the refusal, removal of candidate out of the list of candidates.

 24. The following may constitute grounds for refusal to register a candidate:
 a) candidate is not entitled to a passive electoral right;
 b) candidates nominated by a political party do not observe requirements to nomination
of candidate specified by the Federal Law "On Political Parties"; candidates nominated by other
public associations do not observe requirements of Clause 2, Article 35 of this Federal Law;
 c) documents presented for the purpose of notifying of nomination and registration of
candidate do not include documents required in accordance with this Federal Law, other law for
the purpose of notifying of nomination and (or) registration of candidate;
(Paragraph “c” as amended by the Federal Law of December 5, 2006, No.225-FZ)
 c1) as of the day preceding the day of meeting of election commission that shall
consider the issue of registration of candidate documents submitted for the purpose of notifying
 - 79 - CDL-REF(2012)008

of nomination and registration of candidate contain documents prepared with violation of
requirements of this Federal Law, other law;
(Paragraph “c1” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 c2) as of the day preceding the day of meeting of election commission that shall
consider the issue of registration of candidate documents submitted for the purpose of notifying
of nomination and registration of candidate do not contain data stipulated by Clauses 2 and 3,
Article 33 of this Federal Law, other law;
(Paragraph “c2” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 d) out of signatures of voters submitted for registration of candidate over 10 percent of
signatures were collected in places where collection of signatures is not allowed in accordance
with the law, unless otherwise is provided for by the federal law;
 e) for registration of a candidate, a list of candidates, for calling a referendum, any
document is not available in the set of documents submitted for registration, provided for by this
Federal Law, another law;
 d) insufficient number of submitted authentic and valid signatures of voters submitted for
registration of candidate, or identification of 10 and more percent of unauthentic and (or) invalid
signatures out of total number of signatures selected for verification, unless otherwise is
provided for by the federal law. Identification of 10 and more percent of unauthentic and (or)
invalid signatures out of total number of signatures selected for verification shall not become the
ground for refusal to register a candidate when less than 200 signatures shall be submitted for
his registration, if there is a sufficient number of authentic signatures for registration of
candidate;
 f) candidate conceals data on conviction that is not withdrawn or spent that shall be
provided in accordance with Clause 21, Article 33 of this Federal Law;
(as amended by the Federal Law of July 25, 2006, No.128-FZ)
 g) candidate did not establish electoral fund (except cases when in accordance with
Article 58 of this Federal Law electoral fund is not required to be established). Lack of funds in
such electoral fund shall not become the ground for refusal to register a candidate;
 h) during financing of his election campaign a candidate uses monetary funds, except
out of his electoral fund, that are over 5 percent of limit expenditure out of electoral fund
established by the law;
 i) during financing of his election campaign a candidate uses over 5 percent of limit
expenditure of electoral fund established by the law;
 j) fact of non-observance of restrictions stipulated by Clause 1 or 11, Article 56 of this
Federal Law during election campaigning that was established by the court;
(as amended by the Federal Law of December 5, 2006, No.225-FZ)
 k) candidate repeatedly abused his official position;
 l) registration of candidate in other electoral district at these elections, except when
candidate is nominated by election association simultaneously in single-seat (multi-seat)
electoral district and in the list of candidates;
 m) ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.
 n) candidate, his attorney, authorized representative for financial issues and other
person or organization acting by their order bribed voters, which is established by the court.
(Paragraph “n” introduced by the Federal Law of December 5, 2006, No.225-FZ)

 25. The following may constitute grounds for refusal to register candidates, refusal to
conduct a referendum:
 a) non-observance of requirements to nomination of list of candidates stipulated by the
Federal Law “On Political Parties”, except requirements stipulated by Clause 31, Article 36 of
this Federal Law;
(Paragraph “a” as amended by the Federal Law of April 5, 2009, No.42-FZ)
 b) documents presented for the purpose of notifying of nomination and registration of list
of candidates do not include documents required in accordance with this Federal Law, other
law for the purpose of notifying of nomination and (or) registration of list of candidates (except
lack of such documents in relation to certain candidates included in the list of candidates);
CDL-REF(2012)008 - 80 -

(Paragraph “b” as amended by the Federal Law of December 5, 2006, No.225-FZ)
 b1) as of the day preceding the day of meeting of election commission that shall
consider the issue of registration of list of candidates documents submitted for the purpose of
notifying of nomination and registration of list of candidates contain documents prepared with
violation of requirements of this Federal Law, other law (except cases of improper preparation
of documents in relation to certain candidates included in the list of candidates);
(Paragraph “b1” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 b2) as of the day preceding the day of meeting of election commission that shall
consider the issue of registration of list of candidates documents submitted for the purpose of
notifying of nomination and registration of list of candidates do not contain data stipulated by
this Federal Law, other law (except cases of lack of data on certain candidates included in the
list of candidates);
(Paragraph “b2” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 b3) documents submitted for calling a referendum do not contain documents required in
accordance with this Federal Law, other law for the purpose of calling a referendum
(Paragraph “b3” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 c) out of signatures of voters, referendum participants submitted for registration of list of
candidate, calling a referendum over 10 percent of signatures were collected in places where
collection of signatures is not allowed in accordance with the law, unless otherwise is provided
for by the federal law;
 d) insufficient number of submitted authentic and valid signatures of voters, referendum
participants submitted for registration of list of candidates, calling a referendum, or identification
of 10 and more percent of unauthentic and (or) invalid signatures out of total number of
signatures selected for verification, unless otherwise is provided for by the federal law.
Identification of 10 and more percent of unauthentic and (or) invalid signatures out of total
number of signatures selected for verification shall not become the ground for refusal to register
a list of candidates, calling a referendum when less than 200 signatures shall be submitted for
registration of list of candidates, calling a referendum, if there is a sufficient number of authentic
signatures for registration of list of candidates, calling a referendum;
 e) association, referendum initiative group did not establish electoral fund, referendum
fund (except cases when in accordance with Article 58 of this Federal Law referendum fund is
not required to be established). Lack of funds in such electoral fund, referendum fund shall not
become the ground for refusal to register a list of candidates, refusal to conduct a referendum;
 f) during financing of election campaign election association and referendum initiative
group financing activities aimed at putting forward of initiative to conduct a referendum,
organizing of collection of signatures of referendum participants and achievement of a certain
result during a referendum use funds that are over 5 percent of limit expenditure out of electoral
fund, referendum fund established by the law;
 g) number of candidates removed out of the list of candidates on the basis of
applications of candidates on withdrawal of their candidacies, decision of election association
(except withdrawal under compelling circumstance), as well as decision of election commission
taken in regards to the grounds for such removal stipulated by Clause 26 of this Article,
exceeds the total number of candidates in certified list of candidates at election to federal
bodies of state power by more than 25 percent and by more than 50 percent of the total
number of candidates in certified list of candidates at election to bodies of state power of the
subjects of the Russian Federation, bodies of local self-government;
 h) fact of non-observance of restrictions stipulated by Clause 1 or 11, Article 56 of this
Federal Law by election association, referendum initiative group that was established by the
court;
(Paragraph “h” as amended by the Federal Law of December 5, 2006, No.225-FZ)
 i) authorized representative or attorney of election association, member or authorized
representative of referendum initiative group repeatedly abused their official positions;
 j) removal of candidates as the result of which the number of regional groups of
candidates in the list of candidates is less than established by the law;
 k) ceased to be in force. – The Federal Law of February 9, 2009, No.3-FZ.
 - 81 - CDL-REF(2012)008

 l) election association, its attorney, authorized representative and other person or
organization acting by their order bribed voters, which is established by the court.
(Paragraph “m” introduced by the Federal Law of December 5, 2006, No.225-FZ)l

 26. The following may constitute grounds for removal of candidates out of certified list of
candidates:
 a) candidate is not entitled to a passive electoral right;
 b) candidate conceals data on conviction that is not withdrawn or spent that shall be
provided in accordance with Clause 21, Article 33 of this Federal Law;
(as amended by the Federal Law of July 25, 2006, No.128-FZ)
 c) fact of non-observance of restrictions stipulated by Clause 1 or 11, Article 56 of this
Federal Law during election campaigning that was established by the court;
(as amended by the Federal Law of December 5, 2006, No.225-FZ)
 d) candidate repeatedly abused his official position;
 e) registration of candidate in another list of candidates at these elections;
 f) certified list of candidates nominated by political party, as well as certified list of
candidates nominated by regional branch or other structural subdivision of political party (if it is
provided for in the statute of political party) includes a candidate who is a member of another
political party;
(Paragraph “e” introduced by the Federal Law of July 12, 2006, No.106-FZ)
 g) documents presented for the purpose of notifying of nomination and registration of list
of candidates do not include documents required in accordance with this Federal Law, other
law for the purpose of notifying of nomination and (or) registration of candidate included in the
list of candidates;
(Paragraph “g” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 h) as of the day preceding the day of meeting of election commission that shall consider
the issue of registration of list of candidates documents submitted for the purpose of notifying of
nomination and registration of list of candidates contain documents in relation to a candidate
prepared with violation of requirements of this Federal Law, other law;
(Paragraph “h” introduced by the Federal Law of December 5, 2006, No.225-FZ)
 i) as of the day preceding the day of meeting of election commission that shall consider
the issue of registration of list of candidates documents submitted for the purpose of notifying of
nomination and registration of list of candidates do not contain data in relation to a candidate
stipulated by Clauses 2 and 3, Article 33 of this Federal Law, other law;
(Paragraph “i” introduced by the Federal Law of December 5, 2006, No.225-FZ)

 27. The list of grounds for refusal to register a candidate, a list of candidates, for
removal of a candidate out of list of candidates by a decision of the commission, refusal to call a
referendum established by Clauses 24-26 of this Article shall be exhaustive.

 28. If the commission makes a decision to refuse to call a referendum on the issue
proposed for putting to the referendum, members of corresponding respective initiative group
shall not, for two years after the day such decision is taken, repeat the initiative to conduct a
referendum on the issue with the same meaning or content.

 29. If the registration of a candidate, a list of candidates is refused, re-nomination of the
candidate, list of candidates shall be possible in compliance with the procedure and within the
time limits established by the law.

 30. A candidate nominated within the list of candidates, not later than in 15 days prior to
the voting day and in presence of compelling circumstances not later than in one day prior to
the voting day (including repeat voting), candidate nominated directly not later than in five days
prior to the voting day and in presence of compelling circumstances not later than in one day
prior to the voting day (including repeat voting) is entitled to submit to corresponding election
commission a written application on withdrawal of his candidacy. If a candidate nominated
CDL-REF(2012)008 - 82 -

within a list of candidates submits such application before certification of list of candidates,
election commission shall remove such candidate out of the list of candidates prior to such
certification. If a candidate that submitted an application on withdrawal of his candidacy is
nominated within a list of candidates, election commission that certified or registered a list of
candidates shall remove such candidate out of the list of candidates. If a candidate nominated
directly and submitted an application on withdrawal of his candidacy was registered, election
commission that registered such candidate shall take a decision on cancelation of his
registration.

 31. The body of an election association that took the decision to nominate a candidate
in a single electoral district, a list of candidates shall be entitled to take a decision to recall this
candidate, list of candidates. Such decision shall be submitted to the election commission that
registered this candidate, list of candidates not later than in five days before the voting day
(including the day of repeat voting). If candidate, list of candidates was registered, election
commission that registered candidate, list of candidates shall take a decision to cancel the
registration of candidate, list of candidates.

 32. An election association in the order and on the grounds stipulated by the federal law
and (or) the statute of election association is entitled to recall a candidate nominated by such
association in a single-seat (multi-seat) electoral district and in the order stipulated by its statute
to remove some candidates from the list of candidates nominated by such association.
Candidate nominated in single-seat (multi-seat) electoral district may be recalled not later than
in five days prior to the voting day, and candidate included into the list of candidates may be
removed out of this list not later than in 15 days prior to the voting day, save as referred to in
Clause 11, Article 76 of this Federal Law. Persons who previously were not in the list of
candidates shall not be included in such list, and change of order of candidates in the list except
when this change is connected to change of order due to withdrawal or removal of certain
candidates is not allowed.
(as amended by the Federal Law of December 5, 2006, No.225-FZ)

 33. If, by voting day, the number of registered candidates in single-seat (multi-seat)
electoral district is smaller than the established number of deputy seats or is equal to this
number, or if only one candidate, list of candidates is registered in single electoral district or
there are not registered candidate, list of candidates at all, voting in such electoral district shall
be postponed by decision of corresponding election commission for the purpose of additional
nomination of candidates, lists of candidates and performance of further election activities,
except for cases stipulated by clause 35 of this Article. The voting then is carried out on the
nearest day established by Article 10 of this Federal Law when election can be called.

 34. If additional nomination of candidates, lists of candidates is required due to the fact
that a registered candidate without any compelling circumstances withdrew his candidacy or
election association without any compelling circumstances recalled a registered candidate,
registered list of candidates, or due to the fact that registration of candidate, list of candidates
was canceled by court or election commission in accordance with Clause 3 or 4, Article 76 of
this Federal Law (except cancelation of registration due to withdrawal of candidate out of the list
of candidates because of compelling circumstances), all expenses incurred by election
commission organizing elections during preparation and conduct of the election shall be
compensated at the expense of this candidate, election association.

 35. If the circumstances referred to in Clause 33 of this Article occur and there is only
one registered candidate in single-seat or single electoral district, voting for such candidate is
allowed at a repeat voting, as well as (if it is established by the law of the subject of the Russian
Federation) at election of deputies of representative bodies of municipal formations. At this a
candidate is considered elected, if he received at least 50 percent of the votes of voters
participated in voting.
 - 83 - CDL-REF(2012)008

 36. Circumstances compelling a registered candidate to withdraw his candidacy and
election association to recall their nominated registered candidates mean declaration of a
registered candidate partially capable by court, serious health problems of registered candidate,
his close relatives. According to the law such circumstances may include election (appointment)
of registered candidate to state or municipal position (at corresponding level of elections)
established by the Constitution of the Russian Federation, the constitution (statute), law of the
subject of the Russian Federation, statute of municipal formation. Circumstances compelling an
election association to recall a list of candidates mean withdrawal under compelling
circumstances (including death) of candidates that occupied three top lines in the list of
candidates, or more than 25 percent of candidates out of the list of candidates at election to
federal bodies of state power, or more than 50 percent of candidates out of the list of
candidates at election to bodies of state power of the subjects of the Russian Federation,
bodies of local self-government.

 Chapter VI. STATUS OF CANDIDATES, REFERENDUM INITIATIVE GROUP