Central Election Commission of the Russian Federation

Chapter XI. COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL RIGHTS OF CITIZENS AND RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON THE ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION

Article 83. Appealing Decisions and Actions (Omissions) Which Violate Electoral Rights of Citizens

Decisions and actions (omissions) which violate the electoral rights of citizens shall be appealed in accordance with the procedure and within periods established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

Article 84. Grounds for Annulment of Registration of Candidates, Reversal of Decisions of the Central Election Commission of the Russian Federation to Register or Refuse to Register Candidates, Cancellation of Registration of Candidate s

(as amended by Federal Law No. 64-FZ of April 26, 2007)

1. The registration of a candidate shall be annulled by a decision of the Central Election Commission of the Russian Federation on the basis of an application of the candidate for the withdrawal of his candidature, a decision of a political party to recall the candidate submitted to the Central Election Commission of the Russian Federation in accordance with Clause 1 or 2, Article 44 of this Federal Law.

2. The Central Election Commission of the Russian Federation shall annul the registration of a candidate if the candidate forfeits a passive electoral right.

3. The Central Election Commission of the Russian Federation shall annul the registration of a candidate nominated by a political party on the basis of a legally effective court decision to suspend the activity of the political party or in the event of the liquidation of this political party.

4. The decision of the Central Election Commission of the Russian Federation to register or refuse to register a candidate may be reversed by the Supreme Court of the Russian Federation on the basis of a petition of the Central Election Commission of the Russian Federation, the candidate in respect of whom such decision was taken, other registered candidates, if it has been established that the decision was taken by the Central Election Commission of the Russian Federation in violation of the requirements set forth in Clause 2, Article 39 of this Federal Law, other requirements of this Federal Law and the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

5. The registration of a candidate may be cancelled by the Supreme Court of the Russian Federation on the basis of a petition of the Central Election Commission of the Russian Federation or a petition of other registered candidates not later than five days before voting day in the following cases:

1) new circumstances have come to light, which constitute a ground for the refusal of the registration of the candidate in accordance with Sub–Clauses 1, 1.1, 4, 6, 9, 10, 11 or 12, Clause 2, Article 39 of this Federal Law. “New circumstances” shall mean the circumstances which existed when a decision was taken to register the candidate but which were not known and could not be known to the Central Election Commission of the Russian Federation;

2) the candidate has repeatedly taken advantage of his office or official position;

3) it has been established that voters were bribed by the candidate, his agent or authorized representative for financial matters or by some other person or organization acting on their instructions;

4) campaign expenditures made by the candidate from sources other than his electoral fund to achieve a definite result in the election of the President of the Russian Federation exceed 5 percent of the maximum limit on all expenditures from an electoral fund of a candidate established by this Federal Law;

5) expenditures made by the candidate from the electoral fund exceed by more than 5 percent the maximum limit on all expenditures from an electoral fund of a candidate established by this Federal Law;

6) the candidate has failed to observe the restrictions imposed by Clause 1 or 1.1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum";

7) it has been established that the candidate concealed information about his record of conviction;

8) campaign expenditures made by the candidate from sources other than his electoral fund for the federal electoral district to achieve a definite result in the election of the President of the Russian Federation when the candidate runs simultaneously in several electoral districts exceed by more than 5 percent the maximum limit on all expenditures from all electoral funds of this candidate, established by Clause 10, Article 58 of this Federal Law

9) expenditures made from all electoral funds of the candidate running in several electoral districts exceed by more than 5 percent the maximum limit on all expenditures from all electoral funds of the candidate, established by Clause 10, Article 58 of this Federal Law;

10) the candidate has repeated failed to observe the restrictions imposed by Clause 5.2, Article 56 of this Federal Law;

11) it has been established that in the period mentioned in Sub–Clause 4, Clause 5.2, Article 3 of this Federal Law (but before receiving the status of a candidate) this citizen committed acts indicated in Sub–Clause "g," Clause 7, Article 76 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

6. If a candidate fails to observe the restrictions imposed by Clause 1, Article 56 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum," or of a citizen commits acts indicated in Sub–Clause "g," Clause 7, Article 76 of the aforementioned Federal Law before he receives the status of a candidate and in the cases provided for in Sub–Clauses 2 – 5 and 7, Clause 5 of this article, the registration of the candidate may be cancelled by the Supreme Court of the Russian Federation on the basis of a petition filed by a prosecutor.

7. A petition for canceling the registration of a candidate may be filed with a court not later than eight days before voting day.

Article 85. Reversal of Decisions of Election Commissions on Vote Returns, Results of the Election of the President of the Russian Federation

1. If any violations of this Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" were committed in the conduct of voting or determination of vote returns, a higher-level election commission, before it determines the vote returns and the results of the election of the President of the Russian Federation, may reverse the decision of a lower-level election commission on the vote returns and order a vote recount or, if the violations do not make it possible reliably to determine the results of the expression of the voters' will, it may annul the vote returns.

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

1.1. After the vote returns and the results of the election of the President of the Russian Federation have been determined by a higher–level election commission, the decision of a lower-level election commission may be reversed only by a court, or a court may rule that changes be made in the protocol on vote returns of the election commission and/or in the summary table. An election commission shall inform the Central Election Commission of the Russian Federation of its decision to file a petition with a court to annul the vote returns or make changes in the protocol on vote returns and/or the summary table. If the court rules that changes be made in the protocol on vote returns of the election commission and/or in the summary table, the election commission which prepared this protocol and/or this summary table shall prepare a new protocol on vote returns marked “Repeat” and/or a new summary table marked “Repeat.”

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

1.2. Having reversed the decision of an election commission on the vote returns the court of an appropriate level may also order a vote recount, if it has been established any violations of this Federal Law, the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" were committed in the conduct of voting or determination of vote returns. If the violations do not make it possible reliably to determine the results of the expression of the voters' will, the court may annul the vote returns.

(Sub–Clause 1.2 was added by Federal Law No. 93-FZ of July 21, 2005)

2. After the Central Election Commission of the Russian Federation takes a decision on the results of the election of the President of the Russian Federation, a court may reverse this decision on the basis of at least one of the following facts determined by the court:

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

1) the campaign expenditures made by the candidate, who has been declared elected, from sources other than his electoral fund exceed 10 percent of the maximum limit on all expenditures from an electoral fund of a candidate established by this Federal Law or the candidate exceeded by more than 10 percent the said maximum limit;

2) the candidate, who has been declared elected, was bribing voters and this infraction does not make it possible to establish the real will of the voters;

3) in the course of election campaigning the candidate, who has been declared elected, failed to comply with the requirements of Clause 1, Article 56 of this Federal Law and this infraction does not make it possible to establish the real will of the voters;

4) the candidate, who has been declared elected, took advantage of his office or official position and this infraction does not make it possible to establish the real will of the voters.

3. A court of the appropriate level may also reverse the decision of an election commission on the vote returns in an electoral precinct, a territory, a subject of the Russian Federation, the decision on the results of the election of the President of the Russian Federation in the event of the violation of the rules for the preparation of voter lists, the procedure for the formation of election commissions, the voting and vote counting procedures (including obstruction of monitoring these procedures), the procedure for determining the election results, in the event of an unlawful refusal to register a candidate admitted as such after voting day; other violations of the electoral legislation of the Russian Federation, if such infractions do not make it possible to establish the real will of the voters.

4. The decision of an election commission on the vote returns, on the results of the election of the President of the Russian Federation shall not be reversed and the vote returns and the results of the election of the President of the Russian Federation shall not be annulled because of violations of this Federal Law which were conducive to the election of, or aimed to encourage or encouraged voters to vote for, registered candidates who were not elected according to vote returns.

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

5. If a court reverses the decision on the election results because of infractions which do not make it possible to establish the real will of the voters, this shall entail annulment of the results of the election of the President of the Russian Federation.

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

6. If the vote returns in some electoral precinct, territory, subject of the Russian Federation are annulled after the election commission of the next higher level prepared the protocol on vote returns, results of the election of the President of the Russian Federation, this election commission shall be obliged to prepare a new protocol on vote returns, results of the election of the President of the Russian Federation marked “Repeat.”

(Clause 6 as amended by Federal Law No. 93-FZ of July 21, 2005)

7. On the basis of the protocols of election commissions marked “Repeat” or “Vote Recount” prepared after the higher-level election commission prepared the protocol on vote returns, results of the election of the President of the Russian Federation and the summary table, appropriate changes shall be made in this protocol and this summary table prepared by the higher-level election commission.

(Clause 7 was added by Federal Law No. 93-FZ of July 21, 2005)

Article 86. Responsibility for Violation of the Legislation of the Russian Federation on the Election of the President of the Russian Federation

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

The responsibility for the violation of the legislation of the Russian Federation on the election of the President of the Russian Federation shall be established by the federal laws.