estrictions at Conduct of Election Campaigning, Referendum Campaigning (as amended by the Federal Law of July 21, 2005, No.93-FZ) 1. Election programs of candidates, election associations, other campaigning materials (including those published in information-telecommunication networks with public unrestricted CDL-REF(2012)008 - 102 - access, including Internet), presentations of candidates and their attorneys, representatives and attorneys of election associations, representatives of referendum initiative group and other referendum participants groups, citizens at public events, in mass media (including those published in information-telecommunication networks with public unrestricted access, including Internet), shall not contain any calls for performing of actions determined in Article 1 of the Federal Law of July 25, 2002, No.114-FZ “On Countering Extremist Activity” (hereinafter – the Federal Law “On Countering Extremist Activity”) as extremist activity, or otherwise encourage to such actions, as well as substantiate or justify extremism. Campaigning exciting social, racial, ethnic or religious discord, humiliating national dignity, promulgating exclusiveness, superiority or inferiority of citizens on grounds of their relation to religion, social, racial, national, religious or language identity, as well as campaigning that includes promulgation and public demonstration of Nazi symbols or attributes or symbols or attributes similar to Nazi symbols or attributes to the extent of their confusion shall be prohibited. If campaigning is aimed at defense of ideas of social justice, it shall not be considered as campaigning exciting social discord. (as amended by the Federal Laws of December 5, 2006, No.225-FZ, of July 11, 2011, No.200- FZ) 11 During election campaigning, referendum questions campaigning abuse of freedom of mass information in forms, other than stipulated by Clause 1 of this Article is not allowed. Campaigning that breaches the legislation of the Russian Federation on intellectual property shall be prohibited. (Clause 11 introduced by the Federal Law of December 5, 2006, No.225-FZ) 2. Candidates, election associations, their attorneys and authorized representatives, referendum initiative group, other referendum participants groups and their authorized representatives as well as other persons and organizations engaged in election campaigning, referendum questions campaigning shall not bribe voters, referendum participants: they shall not give them money, gifts and other things of value otherwise than for the performance of organizational work (collection of signatures of voters, referendum participants, campaigning activities); remunerate voters, referendum participants who performed the said organizational work depending on the voting results or promise such remuneration; sell goods at reduced prices; distribute free of charge any goods other than printed materials (including illustrated booklets) and badges specially produced for election campaign, referendum campaign; provide services free of charge or at reduced rates, or influence voters by promises of money, securities, other things of value (in particular, depending on the voting results) or by providing services other than on the basis of decisions of bodies of state power or local self-government taken in accordance with the law. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 3. During the period of election campaign, referendum campaign no lotteries or other risk-based games shall be allowed, if the award of prize or participation in prize drawing depends on voting results, results of elections, referendum, or otherwise connected to elections, referendum. (Clause 3 as amended by the Federal Law of July 21, 2005, No.93-FZ) 4. In the course of election campaign, referendum campaign, payment for any commercial advertising or advertising that is not related to elections, referendum with the use of surname or picture of candidate, member or authorized representative of referendum initiative group, other referendum participants group, as well as advertising with the use of name, logo, other symbols of election association that nominated candidate, list of candidates during the period of election campaign, referendum campaign shall be made solely out of funds of corresponding electoral fund, referendum fund. On the voting day and on the day preceding the voting day such advertising, including advertising paid out of funds of corresponding electoral fund, referendum fund is not allowed. (Clause 4 as amended by the Federal Law of July 21, 2005, No.93-FZ) - 103 - CDL-REF(2012)008 5. Candidates, election associations that nominated candidates, lists of candidates, their attorneys and authorized representatives, members and authorized representatives of referendum initiative group and other referendum participants groups, as well as organizations registered after the commencement of election campaign, referendum campaign, founders, owners, proprietors and (or) members of managing bodies of which (in organizations where high management body is a meeting – members of bodies governing activities of such organizations) are the said persons and (or) organizations, during election campaigning, referendum campaigning are not allowed to carry out charity activities. Other physical and legal entities during the period of election campaign, referendum campaign are not allowed to carry out charity activities at the request, on instructions and on behalf of candidates, election associations, their attorneys and authorized representatives, members and authorized representatives of referendum initiative group and other referendum participant groups, as well as to carry out election campaigning, referendum questions campaigning together with charity activities. Candidates, election associations, their attorneys and authorized representatives, members and authorized representatives of referendum initiative group and other referendum participants groups are not allowed to apply to other physical and legal entities with proposals on provision of financial support or services to voters, referendum participants. (Clause 5 as amended by the Federal Law of July 21, 2005, No.93-FZ) 51 Campaigning materials must not contain commercial advertising. (Clause 51 introduced by the Federal Law of December 5, 2006, No.225-FZ) 52 Registered candidate, election association is not allowed to use air time on the channels of TV broadcasting organization provided to them for distribution of campaigning materials for the purpose of: a) calls to vote against candidate, candidates, list of candidates, lists of candidates; b) description of possible negative consequences in case this or that candidate will be elected, this or that list of candidates will be admitted to distribution of deputy seats; c) distribution of information with obvious predominance of facts on certain candidate (candidates), election association in combination with negative comments; d) distribution of information promoting creation of negative attitude of voters towards candidate, election association that nominated candidate, list of candidates. (Clause 52 introduced by the Federal Law of December 5, 2006, No.225-FZ) 6. If mass media organizations published any campaigning and advertising materials (including those that contain correct information) that may damage honor, dignity or business reputation of a candidate, business reputation of election association, shall provide corresponding candidate, election association a possibility to publish a refutation or other explanation till the end of campaigning period in defense of their honor, dignity or business reputation. Candidate, election association shall be provided with air time to make such refutation or other explanation public at the same time of the day when initial information was made public, and its amount shall not be less than amount of air time provided for making public of initial information, but not less than two minutes. While publication of this refutation or another explanation its text shall be printed in the same font, placed on the same part of the page and its volume shall be not less than the refuted text. The failure to provide candidate, election association with a possibility to publish (make public) such refutation or another explanation till the end of campaigning period shall constitute the ground for bringing such mass media organizations and their officials to responsibility under the legislation of the Russian Federation. Requirements established by the Clause shall not be applied to cases of publication of advertising materials provided by registered candidates, election associations within the frames of their use of free and paid air time, free and paid print space in accordance with this Federal Law. (Clause 6 as amended by the Federal Law of July 21, 2005, No.93-FZ) CDL-REF(2012)008 - 104 - 7. Commissions shall monitor compliance with the established procedure for conducting election campaigning, referendum campaigning and take measures to remove committed violations. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 8. In case of distribution of forged printed, audio-visual and other campaigning materials, distribution of printed, audio-visual and other campaigning materials with violation of requirements of Clauses 2-6, 8 and 10, Article 54 of this Federal Law, as well as in case of violation by TV and radio broadcasting organization, editorial board of print periodical of the procedure of conduct of election campaigning, referendum question campaigning established by this Federal Law, correspondent commission shall apply to law enforcement authorities, courts, bodies of executive power in charge of supervision and control over mass media with application to prevent unlawful campaigning activities and bringing the TV and radio broadcasting organization, editorial boards of print periodicals, their officials, other persons to responsibility in accordance with the legislation of the Russian Federation. (Clause 8 as amended by the Federal Law of July 21, 2005, No.93-FZ) 9. Law enforcement and other authorities shall take measures to stop unlawful campaigning activities, prevent production of and seize false and unlawful printed, audio-visual and other campaigning materials, identify the producers of such materials and the source from which they are paid for and promptly inform corresponding election commission, referendum commission about the facts established and measures taken. Chapter VIII. FUNDING OF ELECTIONS AND REFERENDUM
§ Article 56(untitled)
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