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Chapter VI. STATUS OF CANDIDATES Article 40. Assurance of the Equal Status of Candidates 1. Candidates shall have equal rights and bear equal obligations, save as otherwise provided by 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." (as amended by Federal Law No. 93-FZ of July 21, 2005) 2. Only their authorized representatives for financial matters and agents can act on behalf of candidates. 3. Candidates shall forfeit the rights and shall be released from the obligations connected with the status of a candidate (save the obligation to submit the final financial report) if they fail to submit the registration documents before the expiration of the period established by Clause 1.1, Article 37 of this Federal Law to the Central Election Commission of the Russian Federation; if their registration is refused, provided the decision to refuse registration was not appealed to a court or the lawfulness of the appealed decision was affirmed by a legally effective court ruling; if they withdraw they candidatures; if they are recalled by the political parties which nominated them; if they forfeit their status under Clause 8, Article 42 of this Federal Law. (as amended by Federal Laws No. 93–FZ of July 21, 2005, No. 64–FZ of April 26, 2007); Article 41. Restrictions Connected with the Office or Official Position 1. When conducting their election campaign candidates who occupy state or elective municipal offices or are state or municipal civil servants, candidates who are members of governing bodies of organizations regardless of the form of ownership (in organizations where the highest governing body is the general meeting – members of bodies which manage the activity of these organizations), with the exception of political parties, as well as candidates who are officials of mass media organizations shall not take advantage of their office or official position. (as amended by Federal Law No. 93-FZ of July 21, 2005) 2. Registered candidates who are state and municipal civil servants or work in mass media organizations shall be relieved, for the period of their participation in the election of the President of the Russian Federation, from their official or service duties. A certified copy of the relevant order (directive) shall be presented to the Central Election Commission of the Russian Federation by a candidate of an authorized representative of a political party which nominated a candidate within three days of the registration of the candidate. (Clause 2 as amended by Federal Law No. 93-FZ of July 21, 2005) 3. During the period of the election campaign, persons who are not candidates and who occupy state or municipal elective offices or are state or municipal civil servants or are members of governing bodies of organizations regardless of the form of ownership (in organizations where the highest governing body is the general meeting – members of bodies which manage the activity of these organizations), with the exception of political parties, shall not take advantage of their office or official position to promote nomination or election of any candidate. (Clause 3 as amended by Federal Law No. 93-FZ of July 21, 2005) 4. In this Federal Law taking advantage of an office or official position means: 1) involvement of subordinate or otherwise officially dependent persons, state and municipal civil servants in the activities carried out during the working hours to promote nomination and/or election of any candidate; (as amended by Federal Law No. 93-FZ of July 21, 2005) 2) use of premises occupied by state bodies or bodies of local self-government, organizations regardless of the form of ownership, with the exception of premises occupied by political parties, for activities promoting nomination and/or election of any candidate if the use of the same premises on the same terms and conditions is not guaranteed to other candidates; (as amended by Federal Law No. 93-FZ of July 21, 2005) 3) use for election campaigning of telephone, fax and other means of communication, office equipment, information services which support the functioning of state bodies or bodies of local self-government, state and municipal institutions, organizations regardless of the form of ownership, with the exception of the aforementioned means of communication, office equipment and information services which support the functioning of political parties, if their use is not paid for from the relevant electoral fund; (Sub–Clause 3 as amended by Federal Law No. 93-FZ of July 21, 2005) 4) use of transport facilities owned by the state, municipalities or organizations, with the exception of transport facilities owned by political parties, at no charge or reduced charges, for activities promoting nomination and/or election of any candidate. This provision shall not apply to persons using the said transport facilities in accordance with the legislation of the Russian Federation on the security services provided by the state; (as amended by Federal Law No. 93-FZ of July 21, 2005) 5) collection of voter signatures or election campaigning by persons who hold state and elective municipal offices or are state or municipal civil servants or are heads of local administrations or are members of governing bodies of organizations regardless of the form of ownership (in organizations where the highest governing body is the general meeting – members of the bodies which manage the activity of these organizations), with the exception of political parties, during business trips paid for from the relevant budget or out of the funds of the relevant organization; (as amended by Federal Law No. 93-FZ of July 21, 2005) 6) access (provision of access) to the state and municipal mass media for the purpose of collection of signatures or election campaigning if other candidates are not guaranteed the same access for the same purposes in accordance with this Federal Law; (as amended by Federal Law No. 93-FZ of July 21, 2005) 7) propaganda speeches at mass (public) events organized during the election campaign by state and/or municipal bodies, organizations regardless of the form of ownership, with the exception of political parties, and publication of any work reports in the mass media, in printed propaganda materials during the election campaign; mailing of congratulations and other materials in the name of a citizen who is a candidate if such mailing is not paid for out of his electoral fund. (Sub–Clause 7 as amended by Federal Law No. 93-FZ of July 21, 2005) 5. Compliance with the restrictions listed in Clause 4 of this article must not prevent the President of the Russian Federation, who runs for a second consecutive term, from exercising his powers and performing his obligations to voters. 6. Officials, journalists and other persons holding creative jobs in mass media organizations shall not participate in covering the election campaign in the mass media if these persons are candidates or their agents or their authorized representatives for financial matters; agents or authorized representatives of political parties which nominated candidates; members, authorized representatives of group of voters. (as amended by Federal Law No. 93-FZ of July 21, 2005) Article 42. Guarantees for the Activity of Candidates (as amended by Federal Law No. 64-FZ of April 26, 2007) 1. Upon the request or on the basis of the application, report of a registered candidate the employer, the head of a state body or its division, the commander of a military unit, the administration of an educational establishment, where the candidate serves, goes through an alternative civil service, undergoes military training, studies, shall relieve the candidate from work, service, military training and study on any day and for any length of time in the period from the day on which the Central Election Commission of the Russian Federation registered the candidate and up to the day of the official publication of the results of the election of the President of the Russian Federation. 2 – 4. Repealed. – Federal Law No. 93-FZ of July 21, 2005. 5. A registered candidate shall not be dismissed from his job by the administration (employer); expelled from an educational establishment; transferred to another job, including jobs in other areas, or sent on business trips without his consent; called up for military or alternative civil service or military training. The time of participation of a registered candidate in the election of the President of the Russian Federation shall be included in his overall service record in accordance with his specialty before the registration as a candidate. . 6. A criminal case may not be initiated against a registered candidate without the consent of the Prosecutor-General of the Russian Federation. Without the consent of the Prosecutor-General of the Russian Federation a registered candidate may not be tried as a defendant in a criminal case, taken into custody or subjected to an administrative punishment by a court. Having given such consent, the Prosecutor-General of the Russian Federation shall immediately notify the Central Election Commission of the Russian Federation to this effect. (as amended by Federal Law No. 64-FZ of April 26, 2007) 7. A registered candidate, his agent shall be entitled to receive from the relevant election commission of a subject of the Russian Federation a list of electoral precincts, indicating their boundaries, the addresses and telephone numbers of territorial and precinct election commissions, addresses of polling stations. 8. A registered candidate shall forfeit the rights and shall be released from the obligations connected with the status of a registered candidate from the day of the official publication of the general results of the election of the President of the Russian Federation. If the Central Election Commission of the Russian Federation announces a repeat vote, registered candidates who are not involved in the repeat vote shall forfeit their status from the day on which the Central Election Commission of the Russian Federation sets the date for the repeat vote. In the case provided for in Clause 3, Article 77 of this Federal Law a registered candidate who replaced another registered candidate upon the latter's withdrawal shall regain the rights and obligations connected with the status of a registered candidate. Article 43. Agents of Candidates and Political Parties (as amended by Federal Law No. 93-FZ of July 21, 2005) 1. A candidate may appoint up to 600 agents. A political party which nominated a candidate may appoint up to 100 agents. These persons shall be registered by the Central Election Commission of the Russian Federation within three days of receipt of written notification from the candidate or the political party about the appointment of agents and the written statement of the citizen expressing his consent to be an agent. These notifications and statements shall indicate the surname, first name and patronymic, date of birth, main place of work or service and position (occupation, if there is no main place of work or service), residence address of the agent and the series and number of the passport or an equivalent identity document and the date of its issue. The list of agents (in hard and soft copy) shall be submitted to the Central Election Commission of the Russian Federation in accordance with the form established by it. 2. Citizens of the Russian Federation who are candidates in elections of any level, persons occupying state or elective municipal offices, heads of local administrations, members of the staff of election commissions shall not qualify for appointment as agents. State or municipal civil servants may be appointed agents provided they are relieved from their official duties for the period of the exercise of an agent’s powers. State or municipal civil servants shall be registered as agents if they present a copy of the order (directive), relieving them from official duties (including for the duration of the leave of absence), to the Central Election Commission of the Russian Federation. 3. Agents shall receive ID card from the Central Election Commission of the Russian Federation. Upon an agent’s request the employer shall grant him an unpaid leave of absence for the period during which he is to exercise the powers of an agent. 4. Agents shall carry on propaganda activities in favor of the candidate, political party who/which appointed them. An agent shall not be vested with the powers of an observer. (Clause 4 as amended by Federal Law No. 64-FZ of April 26, 2007) 5. A candidate, a political party who/which appointed agents may, at any time, recall them and appoint other agents in their place by serving relevant notice on the Central Election Commission of the Russian Federation, which shall annul ID cards issued to the recalled agents. An agent may, at any time, resign his powers on his own initiative by returning his ID card to the Central Election Commission of the Russian Federation and notifying the candidate, political party of his decision. The information about recalled and resigning agents shall be published by the Central Election Commission of the Russian Federation. 6. The powers of agents shall commence from the day on which they are registered by the Central Election Commission of the Russian Federation and shall terminate when a candidate's status is forfeited by the self–nominated candidate who appointed them or by the candidate nominated by a political party which appointed the agents, save as otherwise provided by Clause 5 of this article, but not later than the day of the official publication of the general results of the election of the President of the Russian Federation or, in the event of on-going judicial proceedings connected with complaints about violations of this Federal Law, not later than the date on which the relevant court decision becomes legally effective. 7. The registration of an agent shall be annulled by the Central Election Commission of the Russian Federation if the agent acquires a status incompatible with the status of an agent. The candidate, political party shall be notified of such decision within three days of its adoption. Article 44. Withdrawal of Candidate s 1. Any candidate may, at any time but not later than five days before voting day or, in the presence of compelling circumstances, not later than one day before voting day, withdraw his candidature by submitting a written application to this effect to the Central Election Commission of the Russian Federation. Such application shall be irrevocable. If the candidate was registered, then based on the received application the Central Election Commission of the Russian Federation shall, within three days or, three and less days before voting day, within 24 hours, annul the registration of this candidate. (as amended by Federal Law No. 93-FZ of July 21, 2005) 2. At any time but not later than five days before voting day, a political party may recall its candidate subject to a decision of the competent body of this political party, by submitting a written application to this effect to the Central Election Commission of the Russian Federation. Such application shall be irrevocable. If the candidate being recalled was registered, the Central Election Commission of the Russian Federation shall annul the registration of this candidate. (as amended by Federal Law No. 93-FZ of July 21, 2005) 3. Having taken a decision to annul the registration of a candidate the Central Election Commission of the Russian Federation shall serve a notice to this effect on the person in respect of whom the decision was taken and shall issue a copy of the decision to this person on the day on which the decision was taken. 4. If a candidate dies or has been pronounced dead, the Central Election Commission of the Russian Federation shall declare such candidate to be withdrawn from the election. 5. If, by voting day, less than two registered candidates remain, then, by a decision of the Central Election Commission of the Russian Federation the voting in the election of the President of the Russian Federation shall be postponed for a period not exceeding 90 days for additional nomination of candidates and performance of subsequent electoral actions. (as amended by Federal Law No. 93-FZ of July 21, 2005) 6. If the situation mentioned in Clause 5 of this article results from the fact that any registered candidate refused to continue participation on the election or is recalled by the political party which nominated him in the absence of any compelling circumstances or because the registration of any candidate was annulled by a court on the basis of Clause 2, Article 84 of this Federal Law (save the case where such annulment is due to the withdrawal of the candidate because of compelling circumstances), the expenses incurred by all election commissions in the preparation and conduct of the election of the President of the Russian Federation shall be recovered from the relevant candidate, political party. (as amended by Federal Law No. 93-FZ of July 21, 2005) 7. In this Federal Law "circumstances compelling a registered candidate to give up further participation in the election (withdraw his candidature)" means partial legal incapacity of the registered candidate as pronounced by a court, a serious illness or persistent health problems of the registered candidate or his next of kin. In this Federal Law "circumstances compelling a political party to recall the registered candidate which it nominated" means full or partial legal incapacity of the registered candidate as pronounced by a court, a serious illness or persistent health problems of the registered candidate or his next of kin, death of the registered candidate. (as amended by Federal Law No. 93-FZ of July 21, 2005) |