rocedure of Creation of Electoral Funds, Referendum Funds 1. Candidates shall establish their own electoral funds for funding their election campaigns in the period between the submission of a written notice of their nomination (self- nomination) to relevant election commission and submission of documents for their registration by this election commission. At elections to bodies of local self-government a candidate is not required to create an electoral fund, if the number of voters in the electoral district does not exceed five thousand people and candidate does not finance his election campaign. In this case the candidate shall notify corresponding election commission of the said circumstances. Election associations that nominated lists of candidates shall, for the purpose of funding their election campaigns, establish electoral funds after their authorized representatives, including CDL-REF(2012)008 - 106 - authorized representatives for financial issues, are registered by relevant election commissions. Election association that nominated candidates in single-seat (multi-seat) electoral district is not required to create an electoral fun. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of July 1, 2010, No.133-FZ) 2. A referendum initiative group shall create its own fund for funding its activities related to putting forward of the referendum initiative, organization of the collection of signatures in support of such initiative, and activities aimed at obtaining a certain result at the referendum. The law of the subject of the Russian Federation may establish that, when an initiative to conduct a local referendum with a certain number of referendum participants in the territory of corresponding municipal formation (that shall not exceed five thousand), the referendum initiative group is not required to create a referendum fund, provided that the group does not fund preparation and conduct of the referendum. The maximum limit of expenditure out of a referendum fund, sources of its creation, and the maximum limit of donations and contributions to the referendum fund shall be established by the law. The law of the subject of the Russian Federation that regulates preparation and conduct of referendum shall provide for the possibility of creation of referendum funds by other referendum participant groups, including funds for campaigning against conduct of a referendum, participation in a referendum, against questions put for a referendum. The said funds shall be governed by the rules established by this Federal Law for a referendum fund created by the referendum initiative group. 3. In cases established by the law candidates shall be entitled to, and election associations, a referendum initiative group must appoint authorized representatives for financial issues. Registration of authorized representatives for financial issues shall be made by commissions in the procedure established by the law. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 4. Candidates standing for election only within a list of candidates nominated by an election association shall not be entitled to create their own electoral funds. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 5. Electoral funds of candidates, election associations may be created suing the following sources: (as amended by the Federal Law of July 21, 2005, No.93-FZ) a) own money of a candidate, election association; (as amended by the Federal Law of July 21, 2005, No.93-FZ) b) sums allocated to a candidate by the election association that nominated him; (as amended by the Federal Law of July 21, 2005, No.93-FZ) c) voluntary donations of citizens; d) voluntary donations of legal entities; e) funds allocated to a candidate, election association by corresponding election commission in cases established by the law. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 6. No donations to electoral funds of candidates, registered candidates, election associations to referendum funds shall be allowed from: а) foreign states and foreign legal entities; b) foreign nationals, save the case referred to in Clause 10, Article 4 of this Federal Law; c) stateless persons; d) citizens of the Russian Federation who have not attained to the age of 18 years as of the voting day; e) Russian legal entities with foreign participation if the foreign share (contribution) in their authorized (share) capital exceeds 30 percent as of the day of the official publication of the decision to call elections, as of the day of commencement of referendum campaign (for open - 107 - CDL-REF(2012)008 joint stock companies – as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year); (as amended by the Federal Law of December 30, 2006, No.274-FZ) f) international organizations and international public movements; g) bodies of state power, other state bodies and bodies of local self-government; h) state and municipal institutions, states and municipal unitary enterprises; i) legal entities in authorized (share) capital of which share (contribution) of the Russian Federation, subjects of the Russian Federation and (or) municipal formations exceeds 30 percent as of the day of the official publication of the decision to call elections, as of the day of commencement of referendum campaign (for open joint stock companies – as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year); (as amended by the Federal Law of December 30, 2006, No.274-FZ) j) organizations established by state and (or) local self-government bodies (except joint stock companies, established as the result of privatization); organizations established by legal entities referred to in Paragraphs “e” and “i” of this Clause; organizations in authorized (share) capital of which share (contribution) of legal entities referred to in Paragraphs “e” and “i” of this Clause exceeds 3o percent as of the day of the official publication of the decision to call elections, as of the day of commencement of referendum campaign (for open joint stock companies – as of the day of preparation of the list of persons entitled to vote at a general meeting of shareholders for the previous financial year); (as amended by the Federal Law of December 30, 2006, No.274-FZ) k) military units, military institutions and organizations and law enforcement authorities; l) charity organizations and religious associations as well as organizations established by them; m) anonymous donators. "Anonymous donator" means a citizen who has not indicated or indicated incorrectly any of the following data in the donation payment document: surname, first name and patronymic, residential address; a legal entity which has not indicated or indicated incorrectly any of the following data in the donation payment document: taxpayer's identification number, corporate name, bank details); n) legal entities registered less than a year before the voting day of the election, referendum. o) non-profit organizations if, during a year preceding the day of the donation to an electoral fund, referendum fund they received sums of money or other property from: - foreign states and bodies, organizations or physical entities mentioned in Paragraphs “a”-“d”, “f”-“h”, “k”-“n” of this Clause; - Russian legal entities with foreign participation, if share (contribution) of the foreign participation in their authorized (share) capital exceeded 30 percent as of the day on which these sums or other property was received (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year); - legal entities with an authorized (share) capital in which the share (contribution) of the Russian Federation, subjects of the Russian Federation and (or) municipal formations exceeded 30 percent as of the day on which these sums or other property was received (for open joint-stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year); - organizations established by state bodies and/or bodies of local self-government (with the exception of joint-stock companies established by way of privatization); - organizations established by the legal entities mentioned in sub-Paragraphs three and four of this Paragraph; - organizations with an authorized (share) capital in which the share (contribution) of the legal entities mentioned in sub-Paragraphs three and four of this Paragraph exceeded 30 percent as of the day on which these sums or other property was received (for open joint- stock companies - as of the date of preparation of the list of shareholders entitled to participate in the annual general meeting for the previous financial year); CDL-REF(2012)008 - 108 - (Paragraph “o” introduced by the Federal Law of December 30, 2006, No.274-FZ) (Clause 6 as amended by the Federal Law of July 21, 2005, No.93-FZ) 61 The non-profit organizations mentioned in Paragraph “o”, Clause 6 of this Article shall not be allowed to make donations to the electoral fund of candidate, registered candidate, election association, to referendum fund only if the sums of money or other property received by these non-profit organizations were not returned by them to the foreign states, bodies, organizations or physical entities mentioned in sub-paragraphs two-seven of Paragraph “o”, Clause 6 of this Article, which gave them these sums of money or other property (if these sums of money or this property was not transferred to the budget of the Russian Federation before the day of the donation to the electoral fund because it was impossible to return them). (Clause 61 introduced by the Federal Law of December 30, 2006, No.274-FZ) 7. When making a donation, a citizen shall indicate in the payment document the following personal data: surname, first name, patronymic, date of birth, address of his place of residence, series and number of passport or document equivalent to a citizen’s passport, citizenship. 8. When making a donation, a legal entity shall indicate in the payment document the following data: taxpayer identification number, name, date of registration, bank details, and notes on absence of restrictions referred to in Clause 6 of this Article. (Clause 8 as amended by the Federal Law of July 21, 2005, No.93-FZ) 9. Candidate, election association, referendum initiative group is entitled to return any donation to electoral fund, referendum fund to donator except donation of anonymous donator. If donation is made by a citizen or legal entity with no right to make such donation, or if donation is made in violation of requirements referred to in Clauses 7 and 8 of this Article, or such donation is in excess of the maximum amount established by the law, it shall be returned to donator in full or the part that exceeds the maximum amount established by the law shall be returned with explanation of the reason for such return. Donation made by anonymous donator shall be transferred to revenue of corresponding budget. Terms for return of donations and terms of transfer of donations to revenue of corresponding budget shall be established by the law. Candidate, election association, referendum initiative group are not responsible for receipt of donations if donators did not provide data referred to in Clauses 7 and 8 of this Article or turned out to be unauthentic, if candidate, election association were not timely provided with information on unlawfulness of such donations. (Clause 9 as amended by the Federal Law of July 21, 2005, No.93-FZ) 10. Maximum limits for sums that may be transferred to electoral funds out of own money of candidate, election association, money allocated to a candidate by the election association that nominated him, voluntary donations of citizens and legal entities, as well as the maximum limits of expenditure out of electoral funds shall be established by law. Such maximum limits for expenditure out of electoral funds may be increased by up to 20 percent for electoral funds of registered candidates included in the ballot for a repeat voting. A candidate who is simultaneously nominated in more than one electoral district at different elections, if such elections are conducted in the same territory or in territories one of which is located within the other, shall create electoral funds in accordance with Clause 1 of this article, however, the maximum total limit of expenditure out of funds shall be calculated by the greatest of the above limits. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 11. All sums of an electoral fund, a referendum fund shall be transferred to a special electoral account, special referendum account that is opened with the consent of corresponding commission by candidate or his authorized representative for financial issues, authorized - 109 - CDL-REF(2012)008 representative for financial issues of election association, referendum initiative group in branches of the Savings Bank of the Russian Federation, and, in the absence of such branches, in other credit institutions located in the territory of the electoral district, referendum territory. In the absence of any credit institutions in the territory of the electoral district, referendum territory candidate, election association, referendum initiative group shall in coordination with corresponding commission choose a credit institution at which a special electoral account, a special referendum account is to be opened. The law of the Russian Federation may establish that during the election to bodies of local self-government of settlements transfer of electoral fund means to a special electoral account is not required, if expenditure related to financing of election campaign of candidate does not exceed three thousand rubles. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 12. At elections of federal bodies of state power, referendum of the Russian Federation, the procedure for opening, maintenance and closing of accounts referred to in Clause 11 of this Article shall be established by the Central Election Commission of the Russian Federation in coordination with the Central Bank of the Russian Federation. At elections to bodies of state power of the subjects of the Russian Federation, and to bodies of local self-government, a referendum of the subject of the Russian Federation, a local referendum, the procedure for opening, maintenance and closing of the said accounts shall be established by corresponding election commission of the subject of the Russian Federation in coordination with the main office (the national bank) of the Central Bank of the Russian Federation in the subject of the Russian Federation. Procedure and forms of accounting and reporting on receipt of means from electoral funds, referendum funds and expenditure of these means shall be established by corresponding election commission. (Clause 12 as amended by the Federal Law of July 21, 2005, No.93-FZ)
§ Article 58(untitled)
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