rounds for Annulment of Registration of Candidates (List of Candidates), Cancellation of Decision of Commission to Register Candidate (List of Candidates), Refusal to Register Candidate (List of Candidates), Removal of Candidate from the List of Candidates, Cancelation of Registration of Candidate (List of Candidates), Referendum Initiative Group (as amended by the Federal Law of December 5, 2006, No.225-FZ) 1. The decision of election commission to register a candidate shall be annulled by superior commission if the requirement of Clause 19, Article 38 of this Federal Law is not complied with. In this case, all decisions to register a candidate shall be annulled with the exception of the first one. - 151 - CDL-REF(2012)008 2. Registration of a candidate (list of candidates) shall be annulled by a decision of the election commission which registered the candidate (list of candidates) on the basis of application of the candidate to withdraw his candidature, decision of an election association to recall a candidate (list of candidates) submitted to this election commission in accordance with Clauses 30, 31 or 32, Article 38 of this Federal Law. 3. Registration of a candidate shall be annulled by the election commission that registered the candidate if the candidate lost his passive electoral right. 4. Registration of a candidate (list of candidates) nominated by a political party, its regional branch or other structural subdivision shall be annulled by election commission that registered a candidate (list of candidates) on the basis of the decision of court that came into effect on suspension or winding up of political party, its regional branch, other structural subdivision, respectively. Registration of candidate nominated by other public association shall be annulled by election commission that registered a candidate on the basis of the decision of corresponding official or body on suspension of activity of public association (if this decision is not appealed or is not recognized by court as unlawful), or in case of winding up of public association. (as amended by the Federal Law of April 5, 2009, No.42-FZ) 5. Registration of list of candidates is annulled, if the number of candidates, who were removed from the list of candidates on the basis of applications of candidates to withdraw their candidatures (except withdrawal due to compelling circumstances), as well as on the ground stipulated by Clause 26, Article 38 of this Federal Law and Clause 9 of this Article, exceeds 25 percent of the number of candidates in certified list of candidates at election to federal bodies of state power or 50 percent of the number of candidates in certified list of candidates at election to bodies of state power of the subjects of the Russian Federation, bodies of local self- government. 6. Decision of election commission on registration of a candidate (list of candidates), refusal to register a candidate (list of candidates) may be cancelled by court, and decision of election commission on refusal to register a candidate (list of candidates) also may be cancelled by election commission in the order stipulated by Article 75 of this Federal Law on the basis of application of election commission that registered a candidate (list of candidates), candidate, election association in relation to which such decision was taken, candidate registered in the same electoral district, election association, list of candidates of which is registered in the same electoral district if it is established that such decision was taken by election commission with violation of requirements stipulated by Clauses 24-26, Article 38 of this Federal Law, other requirements stipulated by this Federal Law, other law. 7. Registration of a candidate may be cancelled by a court on the basis of application of election commission that registered a candidate, candidate that is registered for the same electoral district in the following cases: a) new circumstances were revealed that constitute a ground for refusal of registration in accordance with Paragraphs “a”, “b”, “f”, h”, “i”, “j”, “k” or “n”, Clause 24, Article 38 of this Federal Law. Such revealed circumstance mean circumstances that existed at the moment when decision on registration of a candidate was taken but were not and could not be known to election commission that registered a candidate; (as amended by the Federal Law of February 09, 2009, №.3-FZ) b) in order to achieve a definite result at the election a candidate used financial resources other than those of his own electoral fund in an amount exceeding 5 percent the maximum limit of all expenditure out of electoral fund established by the law or in the event such expenditure out of electoral fund exceeded the maximum limit established by the law, by more than 5 percent; c) a candidate repeatedly took advantage of his official position ; CDL-REF(2012)008 - 152 - d) it has been established that voters were bribed by candidates, his attorney, authorized representative for financial issues, and other persons or organization acting on their instruction; e) a candidate violated the restrictions stipulated by Clause 1 or 11, Article 56 of this Federal Law; f) a candidate repeatedly violated restrictions stipulated by Clause 52, Article 56 of this Federal Law; g) it has been established that during the period referred to in Paragraph “d”, Clause 32, Article 4 of this Federal Law (before receiving a status of a candidate) this person in his presentations at mass events, in mass media or in information materials distributed by him (including those published in information-telecommunication networks with public non-restricted access, including “Internet”) called to actions determined in Article 1 of the Federal Law “On Countering Extremist Activity” as extremist activity, or otherwise encouraged to such actions, as well as substantiated or justified extremism, or performed actions aimed at exciting of 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, and his campaigning included public demonstration of Nazi symbols or attributes or symbols or attributes similar to Nazi symbols or attributes to the extent of their confusion. (as amended by the Federal Laws of July 11, 2011, No.200-FZ) h) it has been established that a candidate concealed the fact of his conviction. 8. Registration of a list of candidates can be cancelled by court on the basis of application of election commission that registered the list of candidates, election association which list of candidates is registered for the same electoral district, in the following cases: a) new circumstances were revealed that constitute a ground for refusal of registration in accordance with Paragraphs “a”, “f”, h”, “i”, “j” or “m”, Clause 25, Article 38 of this Federal Law. Such revealed circumstance mean circumstances that existed at the moment when decision on registration of a list of candidates was taken but were not and could not be known to election commission that registered a list of candidates; (as amended by the Federal Law of February 9, 2009, No.3-FZ) b) in order to achieve a definite result at the election an election association used financial resources other than those of its own electoral fund in an amount exceeding 5 percent the maximum limit of all expenditure out of electoral fund established by the law or in the event such expenditure out of electoral fund exceeded the maximum limit established by the law, by more than 5 percent; c) a head of election association repeatedly took advantage of his official position ; d) it has been established that voters were bribed by an election association, its attorney, authorized representative for financial issues, and other persons or organization acting on their instruction; e) an election association violated the restrictions stipulated by Clause 1 or 11, Article 56 of this Federal Law, and candidate included into a registered list of candidates violated the restrictions stipulated by Clause 1, Article 56 of this Federal Law, if an election association does not remove such candidate out of its list in accordance with Clause 11 of this Article; f) an election association repeatedly violated restrictions stipulated by Clause 52, Article 56 of this Federal Law; g) it has been established that during the period referred to in Paragraph “d”, Clause 32, Article 4 of this Federal Law (before nomination of list of candidates) this election association in their presentations at mass events, in mass media or in information materials distributed by them (including those published in information-telecommunication networks with public non- restricted access, including “Internet”) called to actions determined in Article 1 of the Federal Law “On Countering Extremist Activity” as extremist activity, or otherwise encouraged to such actions, as well as substantiated or justified extremism, or performed actions aimed at exciting of social, racial, ethnic or religious discord, humiliating national dignity, promulgating exclusiveness, superiority or inferiority of citizens on grounds of their relation to religion, social, - 153 - CDL-REF(2012)008 racial, national, religious or language identity, and its campaigning included public demonstration of Nazi symbols or attributes or symbols or attributes similar to Nazi symbols or attributes to the extent of their confusion, as well as if the same has been established for a candidate included into a registered list of candidates during this period (but before this person received a status of a candidate), if election association that nominated this list will not remove such candidate out of the list in accordance with Clause 11 of this Article. (as amended by the Federal Law of July 11, 2011, No.200-FZ) 9. Registration of a candidate included into a registered list of candidates can be cancelled by court on the basis of application of election commission that registered a list of candidates, election association which list of candidates was registered for the same electoral district in cases stipulated by Paragraphs “c”, “e” or “h”, Clause 7 of this Article, or in case of establishment of the fact of bribery of voters by candidate or other persons or organization acting on his instructions, or in case of revealed circumstances that constitute the ground for removal of candidate out of the list of candidates in accordance with Paragraphs “a”, “b”, “c”, “d” or “f”, Clause 26, Article 38 of this Federal Law. Such revealed circumstance mean circumstances that existed at the moment when decision on registration of a list of candidates was taken but were not and could not be known to election commission that registered a list of candidates. (as amended by the Federal Law of April 26, 2007, No.64-FZ) 10. Registration of referendum initiative group, other referendum participants group can be cancelled by court on the basis of application of commission organizing a referendum not later than in three days before the voting day in the following cases: a) the rules for putting forward of a referendum initiative were violated; b) members and (or) authorized representatives of the referendum initiative group, other referendum participant group violated the rules of referendum campaigning or the rules of funding a referendum campaign; c) members and (or) authorized representatives of the referendum initiative group, other referendum participant group took advantage of their positions; d) it has been established that referendum participants were bribed by members and (or) authorized representatives of the referendum initiative group, other referendum participant group; e) other grounds established by this Federal Law, other law. 11. Election association in relation to which an action is brought on protection of electoral rights and the right of citizens to participate in a referendum on the basis of Paragraph “e” or “f”, Clause 8 of this Article is entitled to remove a candidate whose actions constituted the ground for court proceeding out of the list of candidates this election association nominated. Removal of such candidate out of the list of candidates by election association before the court takes decision to the point shall constitute the ground for dismissal of action. 12. If a candidate, election association violated restrictions stipulated by Clause 1, Article 56 of this Federal Law, or a person before obtaining a status of a candidate, and election association before nomination of its list of candidates performed actions stipulated by Paragraph “g”, Clause 7, Paragraph “g”, Clause 8 of this Article and in cases stipulated by Paragraphs “b”, “c”, “d” and “h”, Clause 7, Paragraphs “b”, “c” and “d”, Clause 8 of this Article, respectively, a registration of candidate (list of candidates) may be cancelled by court on the prosecutor’s application.
§ Article 76(untitled)
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