§ Article 48(untitled)

lection Campaigning, Referendum Campaigning

 1. Citizens of the Russian Federation, public associations shall be entitled to conduct
election campaigning, referendum campaigning in the forms permitted by law and by legal
methods.

 2. The following shall be regarded as election campaigning in the period of an election
campaign:
 а) calls for voting for or against a candidate (list of candidates);
 b) expression of preference with regards to any of the candidates, election association,
in particular, statements indicating the candidate, list of candidates, election association for
CDL-REF(2012)008 - 90 -

which a voter will vote (save for publication of the results of an opinion poll in accordance with
Clause 2, Article 46 of this Federal Law);
 c) description of possible consequences of the election or non-election of a candidate,
admittance or non-admittance of list of candidates to distribution of deputy seats;
 d) distribution of information with an obvious predominance of information on a certain
candidate (candidates), election associations in combination with positive or negative
comments;
 e) distribution of information on activities of a candidate unrelated to his professional
activity or performance of his official duties;
 f) activity promoting formation of a positive or negative attitude of voters towards a
candidate, an election association that which nominated a candidate, a list of candidates.
(Clause 2 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 21 Actions performed by representatives of mass media while carrying out their
professional activities and referred to in Paragraph “a”, Clause 2 of this Article are recognized
as election campaigning if such actions are performed for the purpose of inducing voters to vote
for candidate, candidates, list, lists of candidates or against him (them), and actions referred to
in Paragraphs “b”-“f”, Clause 2 of this Article – if such actions are performed for the mentioned
purpose repeatedly.
(Clause 21 introduced by the Federal Law of July 21, 2005, No.93-FZ)

 3. Election campaigning, referendum campaigning may be conducted:
 a) on the channels of TV and radio broadcasting organizations and in print periodicals;
 b) by means of public campaigning events;
(Paragraph “b” as amended by the Federal Law of July 21, 2005, No.93-FZ)
 c) by producing and distributing printed, audio-visual and other campaigning materials;
 d) by other methods which are not prohibited by the law.

 4. A candidate, an election association, a referendum initiative group may select the
contents, forms and methods of their election campaigning at their own discretion, conduct
election campaigning independently and may engage other persons to conduct such
campaigning in the order established by the law.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 5. Election campaigning, referendum campaigning expenditure shall be paid exclusively
out of corresponding electoral funds, referendum funds in order established by the law.
Campaigning in favor of a candidate, an election association, that is paid for out of electoral
funds of other candidates, election associations, shall be prohibited.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 6. Persons who have not attained to the age of 18 years as of the voting day shall not
be involved directly or indirectly in election campaigning, referendum campaigning, as well as
pictures and opinions of such persons shall not be used in campaigning materials save as
provided by Paragraph “e”, Clause 9 of this Article.
(Clause 6 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 7. Election campaigning, referendum campaigning shall not be conducted and any kind
of campaigning materials shall not be produced and distributed by:
 a) federal bodies of state power, bodies of state power of the subjects of the Russian
Federation, other state bodies, bodies of local self-government;
 b) persons occupying state and elective municipal positions, members of management
bodies of organizations regardless of the form of ownership (in organizations where the high
managing body is a meeting – members of bodies governing activities of such organizations),
except political parties, while they perform their official duties save as stipulated by Article 81 of
this Article, and (or) with using advantages of their official position;
 - 91 - CDL-REF(2012)008

(Paragraph “b” as amended by the Federal Law of July 21, 2005, No.93-FZ)
 c) military units, military institutions and organizations;
 d) charity and religious organizations and organizations founded by them as well as
members and participants of religious associations when they perform rites and ceremonies;
(Paragraph “d” as amended by the Federal Law of July 21, 2005, No.93-FZ)
 e) commissions, voting members of commissions;
 f) foreign nationals, save as referred to in Clause 10, Article 4 of this Federal Law,
stateless persons, foreign legal entities;
 f1) international organizations and international public associations;
(Paragraph “f1” introduced by the Federal Law of July 21, 2005, No.93-FZ)
 g) representatives of mass media organizations when they perform their professional
activities;
 h) persons in regards to which a fact of violation of restrictions stipulated by Clause 1,
Article 56 of this Federal Law during the period of election campaign, referendum campaign is
established by the decision of court.
(Paragraph “h” introduced by the Federal Law of December 5, 2006, No.225-FZ)

 8. Persons who occupy state or elective municipal positions shall not conduct election
campaigning on the channels of TV and radio broadcasting organizations and in print
periodicals except the cases when such persons are registered as candidates for deputies or
for elective positions.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 81 Persons occupying state or elective municipal positions are entitled to conduct
campaigning on referendum questions, including on the channels of TV and radio broadcasting
organizations and in print periodicals, issue and distribute campaigning materials, but shall not
use advantages of their official positions.
(Paragraph 81 introduced by the Federal Law of July 21, 2005, No.93-FZ)

 9. Pictures of a physical entity, opinions of a physical person on candidate, election
association in campaigning materials can be used only with a written consent of such physical
entity. A document confirming such consent shall be submitted to the commission together with
copies of campaigning materials presented in accordance with Clause 3, Article 54 of this
Federal Law. If campaigning material is to be distributed through the channel of TV and radio
broadcasting organization or print periodical, such documents shall be submitted to election
commission at its request. This restriction shall not be applied to:
 a) use of opinions of candidates nominated by election association on this election
association, as well as on candidates nominated by such election association for the same
elections;
 b) use of published opinions on candidates, elections associations with indication of
date (period of time) when such opinions were published and the names of mass media they
were published in. References in campaigning materials to an opinion of a physical entity that
has no right to carry out election campaigning under this Federal Law is allowed only if such
opinion was published before the official publication of the decision to call elections. Such
reference shall indicate date (period of time) when such opinion was published and the name of
mass media it was published in;
 c) citation of opinion on election association, candidate, published by other election
associations, as well as by candidates in their campaigning materials produced and distributed
in accordance with the law;
 d) ceased to be in force. – The Federal Law of April 26, 2007, No.64-FZ;
 e) use by candidate of his pictures, use by election association of pictures of candidates
nominated by such election association, including candidate’s spouse, children (including
children that have not attained to the age of 18 years), parents and other close relatives, as well
as with undefined persons.
(Paragraph “e” as amended by the Federal Law of April 26, 2007, No.64-FZ)
CDL-REF(2012)008 - 92 -

(Clause 9 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 10. A political party that nominated candidates, list of candidates registered by election
commission not later than in 10 days prior to the voting day shall publish its election program in
at least one state or municipal (according to elections level) print periodical, as well as publish it
in information-telecommunication network “Internet”. Such publication shall use free print space
provided to election associations, candidates in accordance with this Federal Law, other law, or
such publication is paid out of the electoral fund of political party, electoral fund of candidate
nominated by such political party.
(as amended by the Federal Laws of July 21, 2005, No.93-FZ, of December 5, 2006, No.225-
FZ, of July 11, 2011, No.200-FZ)