§ Article 75(untitled)

ppeal of decisions and actions (inaction) that violate electoral rights and the
right of citizens of the Russian Federation to participate in a referendum

 1. Appeals of decisions and actions (inaction) of bodies of state power, bodies of local
self-government, public associations and officials, as well as of decisions and actions (inaction)
of commissions and their officials that violate electoral rights of citizens and the right of citizens
to participate in a referendum may be submitted to a court.

 2. Appeals of decisions and actions (inaction) of the Central Election Commission of the
Russian Federation shall be submitted to the Supreme Court of the Russian Federation,
appeals of decisions and actions (inaction) of the election commissions of the subjects of the
Russian Federation, district election commissions at election to legislative (representative)
bodies of state power of the subjects of the Russian Federation shall be submitted to the
supreme courts of the republics, regional courts, courts of cities of federal significance, courts of
autonomous areas and autonomous regions, appeals of decisions and actions (inaction) of
other commissions shall be submitted to district courts.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 3. Court decisions shall be binding on corresponding commissions.

 4. Appeals of decisions of commissions on voting results, results of elections,
referendum shall be submitted to courts of corresponding level in accordance with the
jurisdictions set forth in Clause 2 of this Article. A court of the appropriate level shall consider
the decision of commission organizing the election, referendum, as well as decisions of
subordinate commissions that participated in the organization and conduct of the election,
referendum in accordance with the law, if violations committed by such commissions could
affect the results of the election, referendum.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 5. In the circumstances established by this Federal Law, other laws, a court may cancel
the decision of corresponding commission on registration a candidate (a list of candidates), on
refusal to register a candidate (a list of candidates), on voting results, results of elections,
referendum or another decision of the commission.
(as amended by the Federal Law of December 5, 2006, No.225-FZ)

 6. Appeals of decisions and actions (inaction) of commissions and their officials that
violated electoral rights of citizens and the right of citizens to participate in a referendum may be
submitted to the next superior commission which shall, without forwarding the appeal to the
subordinate commission, with the exception of the case when the circumstances stated in the
appeal were not considered by the subordinate commission, consider the appeal and take one
of the following decisions:
 а) leave the appeal without remedy;
 b) cancel the disputed decision in full or in part (declare an action (inaction) illegal) and
take a material decision;
 c) cancel the disputed decision in full or in part (declare an action (inaction) illegal) and
demand the subordinate commission to reconsider the issue and take a material decision
(perform a certain action).

 7. Decisions or actions (inaction) of election commission of a settlement or its official
violating electoral rights of citizens and the right of citizens to participate in a referendum may
CDL-REF(2012)008 - 150 -

be appealed in election commission of the municipal district. Decision or actions (inaction) of
election commission of municipal district, urban district, city territory of the federal city or its
official violating electoral rights of citizens and the right of citizens to participate in a referendum
may be appealed in election commission of the subject of the Russian Federation. Decisions or
actions (inaction) of election commission of the subjects of the Russian Federation or its official
violating electoral rights of citizens and the right of citizens to participate in a referendum may
be appealed in the Central Election Commission of the Russian Federation. Election
commissions that consider appeals shall take a decision in accordance with Clause 6 of this
Article.
(Clause 7 as amended by the Federal Law of July 21, 2005, No.93-FZ)

 8. A preliminary appeal to superior commission, election commission of the subject of
the Russian Federation, the Central Election Commission of the Russian Federation shall not
be a prerequisite for submitting an appeal to court.

 9. If an appeal is accepted for consideration by a court, and the same person applies to
corresponding commission with a similar appeal, this commission shall suspend consideration
of the appeal until the court decision becomes effective. If the court takes a decision on the
substance of the appeal, the commission shall terminate the consideration of the appeal.
(as amended by the Federal Law of July 21, 2005, No.93-FZ)

 91 The court shall inform commissions at their request on complaints (appeals) of
violation of electoral rights and the right of citizens to participate in a referendum as well as on
decisions taken with regards to such complaints (appeals).
(Clause 91 introduced by the Federal Law of July 21, 2005, No.93-FZ)

 10. Appeals of decisions and actions (inaction) that violate electoral rights of citizens
and the right of citizens to participate in a referendum may be submitted by voters, referendum
participants, candidates, their attorneys, election associations and their attorneys, other public
associations, a referendum initiative group and its authorized representatives, observers, and
commissions.
(as amended by the Federal Laws of July 7, 2004, No.46-FZ, of July 21, 2005, No,93-FZ)

 11. Courts and bodies of prosecution shall organize their work (including on days-off) so
as to ensure timely consideration of appeals.

 12. When commission considers complaints (appeals), and in other cases when
commission considers an issue of violation of electoral rights of citizens and the right of citizens
to participate in a referendum is considered, applicants and persons whose actions (inaction)
are appealed of or considered shall be invited to the meeting of the commission.
(Clause 12 as amended by the Federal Law of July 21, 2005, No.93-FZ)