§ Article 40(untitled)

estrictions Connected with Official Position

 1. Candidates that occupy state or elective municipal positions or are on state or
municipal service as well as candidates that members of management bodies of organization
regardless of form of ownership (in organizations where the high managing body is a meeting –
members of bodies governing activities of such organizations), except political parties, and
candidates that are officials, journalists, other creative employees of organizations of mass
media, shall not abuse advantages of their official positions during their election campaigning.
(Clause 1 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 2. Registered candidates occupying state or municipal positions or working in
organizations of mass media, shall for the period of their participation in elections, be relieved
from their official duties and shall submit certified copies of relevant orders (regulations) to the
election commission within five days of the day of registration. It may be established by the law
of the subject of the Russian Federation that at elections to representative bodies of municipal
formations, if there is a certain number of voters in an electoral district (which shall not exceed
five thousand voters), registered candidates occupying state positions for the period of their
participation in elections may not be relieved from their official duties.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 3. Ceased to be in force. – The Federal Law of July 21, 2005, No.93-FZ.

 4. People who are not candidates occupying state or elective municipal positions or are
on state or municipal service as well as members of management bodies of organization
regardless of form of ownership (in organizations where the high managing body is a meeting –
members of bodies governing activities of such organizations), except political parties, during
the period of election campaign, referendum campaign shall not abuse advantages of their
official positions for the purpose of nomination candidate, list of candidates and (or) election of
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candidates, nomination and support of initiative to conduct a referendum, receiving certain
answers to referendum questions.
(Clause 4 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 5. Under this Federal Law abusing advantages of official position means:
 a) engagement of persons who are subordinate to or otherwise dependent on a
candidate, other state and municipal employees in activities carried out during the working
hours to promote nomination of candidates, lists of candidates and (or) election of candidates,
nomination and support of initiative to conduct a referendum and receive certain answers to
referendum questions;
 b) use of premises occupied by state bodies or bodies of local self-government for
activities promoting nomination of candidates, lists of candidates and (or) election of
candidates, nomination and support of initiative to conduct a referendum and receive certain
answers to referendum questions, if the use of the same premises is not guaranteed to other
candidates on the same terms and conditions;
 c) use of telephone, fax and other means of telecommunication, information services,
office equipment of state bodies or bodies of local self-government, state and municipal
institutions, organizations regardless of form of ownership except indicated kinds of
communication, office equipment and information services ensuring operating of political
parties, for election campaigning, referendum questions campaigning, if their use is not paid for
out of corresponding electoral fund, referendum fund;
 d) use of state- or municipal formation-owned transport facilities at no charge or reduced
charges (except for transport facilities owned by political parties) for activities promoting
nomination of candidates, lists of candidates and (or) election of candidates, nomination and
support of initiative to conduct a referendum and receive certain answers to referendum
questions. This provision shall not apply to persons using the said transport facilities in
accordance with the Russian Federation laws on the security services provided by the state;
 e) collection of signatures of voters, referendum participants, election campaigning,
referendum questions campaigning carried out by persons who occupy state or elective
municipal offices or are on state or municipal service, or heads of local administrations, or
members of management bodies of organization regardless of form of ownership (in
organizations where the high managing body is a meeting – members of bodies governing
activities of such organizations), except political parties, during business trips paid for out of
corresponding budget, funds of corresponding organization;
 f) access (ensuring of access) to state and municipal mass media for the purpose of
collection of signatures of voters, referendum participants, election campaigning, referendum
questions campaigning, if other candidates, election associations, referendum initiative groups
are not guaranteed same access in accordance with this Federal Law, other law;
 g) campaigning speeches during election campaigning, referendum campaigning at
mass events organized by a state and (or) municipal bodies, organizations regardless of form
of ownership, except political parties;
 h) publication during election campaigning, referendum campaigning in mass media,
campaigning printed reports on work progress, distribution on behalf of a citizen who is a
candidate, of congratulations and other materials not paid for out of corresponding electoral
fund.
(Clause 5 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 6. Compliance with the restrictions listed in Clause 5 of this Article must not prevent
deputies, the President of the Russian Federation from exercising their powers and performing
their obligations to voters.

 7. Officials, journalists and other persons holding creative jobs in mass media
organizations, if these persons are candidates or their attorneys or authorized representatives
for financial issues, attorneys or authorized representatives of election associations, are not
allowed to participate in coverage of election campaign in mass media.
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(Clause 7 as amended by the Federal Law of July 21, 2005, No.93-FZ)