On Amendments And Additions To The Federal Law "on Ensuring The Constitutional Rights Of Citizens Of The Russian Federation To Elect And Be Elected To Local Self-Government Bodies"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "Об обеспечении конституционных прав граждан Российской Федерации избирать и быть избранными в органы местного самоуправления"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102053733

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law "on ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies" adopted by the State Duma May 20, 1998 onwards (as amended by the Federal law of 21.07.2005 N 93-FZ), Article 1. To amend the Federal law "on ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies" (collection of laws of the Russian Federation, 1996, no. 49, St. 5497) the following amendments and supplements: 1. The preamble shall be amended as follows: "the present Federal law establishes the legal norms to ensure implementation of constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies in cases of violation of those rights.".
2. In article 1, paragraph 1 complement paragraphs eighth, ninth, tenth, eleventh and twelfth as follows: "the elections of the deputies of representative bodies of local self-government or elected officials of local self-government, including repetitive or early elections, has been assigned by an authorised body or official within the established time frame;
There are no bodies or officials empowered to appoint the elections of the deputies of representative bodies of local self-government and elected officials of local self-government;
municipalities abolished, merged or converted in a manner contrary to law;
local self-government bodies are abolished or samoraspushheny in a manner contrary to law, or actually ceased to serve;
in violation of the law are not implemented the constitutional rights of citizens residing in the territory of the municipality, to elect and be elected to local self-government bodies of the municipal education. ";
in paragraph 2, the words "adopted in accordance with the charters of municipal entities", should be deleted.
3. In article 3, paragraph 3 shall be amended as follows: "3. If the legislative (representative) body of a constituent entity of the Russian Federation, in accordance with article 23 of the Federal law on general principles of organization of local self-government in the Russian Federation" was not enacted, establishing the procedure for holding the elections of deputies of representative bodies of local self-government and local government elected officials, the elections shall be held: in the presence of authorized representative bodies of local self-government, in order to be determined by the temporary provisions on the conduct of the election of deputies of representative bodies of local self-government and elected officials of local self-government adopted by the representative bodies of local self-government in accordance with this federal law, or upon the decision of the representative body of local self-government in the manner prescribed by this federal law annexed to the Provisional regulation on the holding of elections of the deputies of representative bodies of local self-government and elected officials of local self-government in the Russian Federation not providing the realization of the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies;
If there is no authorized representative bodies of local self-governance in the manner prescribed by this federal law annexed to the Provisional regulation on the holding of elections of the deputies of representative bodies of local self-government and elected officials of local self-government in the Russian Federation, has not provided the implementation of constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies ";
paragraph 4 should be deleted;
item 5 as subclause 4 and shall read as follows: "4. the interim provisions apply in the manner prescribed by this federal law, as well as in appointing the date of the election of deputies of representative bodies of local self-government and local government elected officials prior to the adoption of the relevant laws of the constituent entities of the Russian Federation.";
supplement article with a new paragraph 5 reading as follows: "5. in the cases of establishing violations of constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies on the grounds referred to in paragraph 1 of article 1 of this federal law, the date of the election of deputies of representative bodies of local self-government and elected officials of local self-government and the manner in which they conduct are set by the Court.";
paragraph 6 shall be amended as follows: "6. The date of the election of deputies of representative bodies of local self-government and local government elected officials, provided for in the Charter of municipal formation(education), on the application of the Prosecutor, or the complaint of the citizen living in territory of municipal formation(education), or complaints of public associations or their regional and local departments shall appoint a court if:

within the period stipulated in paragraph 2 of this article, the elections of the deputies of representative bodies of local self-government and local government elected officials not assigned or assigned for a period corresponding to the date mentioned in paragraph 1 of article 58 of the Federal law on general principles of organization of local self-government in the Russian Federation ";
powers of local self-government bodies are carried out by officials appointed in a manner contrary to law;
expired deadlines of the powers of the representative bodies of local self-government and local government officials;
elections of the deputies of representative bodies of local self-government or elected officials of local self-government, including repetitive or early elections, has been assigned by an authorised body or official within the established time frame;
There are no bodies or officials empowered to appoint the elections of the deputies of representative bodies of local self-government and elected officials of local self-government;
municipalities abolished, merged or converted in a manner contrary to law;
local self-government bodies are abolished or samoraspushheny in a manner contrary to law, or actually ceased to serve;
in violation of the law are not implemented the constitutional rights of citizens residing in the territory of the municipality, to elect and be elected to local self-government bodies of the municipal education. ";
paragraph 9 should read: "9. In the Court's decision shall contain: the reasons for the appointment of a date for elections, the date of the election;
regulatory legal act, on the basis of which, in accordance with paragraphs 1, 3 and 10 of this article, the elections will be held;
in the event that the date of elections of the deputies of the representative body of local self-government-determined in accordance with this federal law, the term of Office and the number of the deputies of the representative body of local self-government;
in the case of appointment date of election officer of local self-government-the name of the elective office of local government, under the Charter of municipal formation(education), and term of Office of the incumbent, which shall be determined in accordance with this federal law;
a local government agency, or the head of the municipal education either in accordance with the Charter of municipal formation(education) an official of local self-government, which is entrusted with the execution of the decision of the Court in order to ensure the holding of elections in accordance with the regulations defined by the Court. In the absence of competent local self-governing bodies or officials of the local Government pursuant to the decision of the Court in order to ensure the holding of elections in accordance with normative legal act, the Court is entrusted to the executive organ of State power of constituent entities of the Russian Federation.
The decision of the Court shall be immediately enforceable. ";
paragraph 10 should read: "10. If the laws of the constituent entities of the Russian Federation, adopted pursuant to article 23 of the Federal law on general principles of organization of local self-government in the Russian Federation ", contains no provisions governing the elections of the deputies of representative bodies of local self-government and elected officials of local government in the absence of authorized representative bodies of local self-government and local government officials, the Court in its decision may set the normative legal act on the basis of which the elections are to be conducted, the attached to this Federal Act temporary regulations on the holding of elections of the deputies of representative bodies of local self-government and elected officials of local self-government in the Russian Federation, has not provided the implementation of constitutional rights of citizens of the Russian Federation to elect and be elected to organs of local self-government, or to decide on the application of certain of its provisions, in addition to the relevant law of the Russian Federation. ";
paragraph 12 shall be amended as follows:

"12. the term of Office of the elected in accordance with this federal law deputies of representative bodies of local self-government and local government elected officials is an appropriate term set forth in the Charter of municipal formation(education). If the Charter of municipal formation(education) is not adopted, has not entered into force or if this Statute does not set term of authority of deputies of representative bodies of local self-government and local government elected officials, the corresponding term is determined by a court decision based on normative legal acts in accordance with a court decision that elections will be held. If in a particular court normative legal act term of authority of deputies of representative bodies of local self-government and local government elected officials is not installed, it shall be determined by decision of the Court and shall be two years.
4. Article 4: in paragraph 1, the words "of the previous Convocation" should be replaced by the words "of the previous convocation elected not earlier than December 12, 1993 Goda";
paragraph 3 shall be amended as follows: "3. elections of deputies of the representative body of local self-government may be undertaken by multi-seat constituencies, the number of mandates in which there can be no more than five.";
supplement article paragraph 5 to read as follows: "5. in the event the Court establishes as a normative legal acts, in accordance with which the elections of the deputies of representative bodies of local self-government and elected officials of local government, the transitional provisions referred to in paragraph 3 of article 3 of this federal law, the rules of those temporary provisions applicable until the end of the Authority elected in accordance with the deputies of representative bodies of local self-government and local government elected officials as well as in the appointment of repetitive or early elections.
5. Article 6 shall be amended as follows: "article 6. Prevention preventing the holding of elections of the deputies of representative bodies of local self-government and elected officials of local self-government 1. The absence of a constituent entity of the Russian Federation Law on the procedure for State registration of charters of Municipal formations, taken in accordance with paragraph 2 of article 8 of the Federal law on general principles of organization of local self-government in the Russian Federation, as well as motivated by a refusal of State registration of the Charter of municipal formation(education) cannot be the basis for the recognition of illegal elections of deputies of representative bodies of local self-government and local government elected officials, if elections are held in accordance with the Constitution of the Russian Federation Federal law "on general principles of organization of local self-government in the Russian Federation, this federal law, the laws of the constituent entities of the Russian Federation, the Charter of municipal formation(education), taken by the representative body of local self-government or the population of the municipality in a local referendum.
2. the lack of municipal statutes, elected local authorities, municipal property or local budget in municipalities at the time of the trial in cases where municipalities were abolished, merged or converted in a manner contrary to the law, cannot be a ground for the refusal of the Court to appoint a date for the election of deputies of representative bodies of local self-government and local government elected officials in order established by this federal law.
3. from the day of reception of the Court of first instance of the Prosecutor, or the complaint of the citizen living in territory of municipal formation(education), or complaints of public associations or their regional and local offices on the appointment date of election of the deputies of the representative body of local self-government or an elected local government official and before the entry into force of the Court decision into legal force is not permitted the abolition, merger or conversion of municipal formation(education), changing its territory or borders , to change the Charter, as well as the legal status of municipal education, local authorities and elected officials of the local government.
Normative legal acts and decisions, including those adopted at the referendum, contrary to the first paragraph of the present paragraph, shall have no effect and shall not apply. ".
Article 2. To make temporary provision for the election of deputies of representative bodies of local self-government and elected officials of local self-government in the Russian Federation, has not provided the implementation of constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies, attached to the Federal law "on ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies", the following changes and additions : 1. In article 2: part II shall be amended as follows:

"The selective Association-public association, as well as its regional and local offices, which, in accordance with the law shall have the right to put forward candidates.";
(fourth paragraph repealed Federal Act of 21.07.2005 N 93-FZ): (paragraph five ineffective federal law from 21.07.2005 N 93-FZ).
2. the first part of article 4 Add the following sentence: "the number of mandates in multi-member districts cannot be more than five."
3. In article 7: part II shall be amended as follows: "the boundaries of electoral districts and the number of voters in each district are set by the Electoral Commission of the municipality upon the nomination of the head of the municipality or body (official) local government authorized the Charter of municipal formation(education), the decision of the representative body of local self-government or a court decision, and confirmed by a representative body of the local Government not later than 60 days before election day. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, in which the Court enforcing the Court's decision concerning the holding of elections. ";
in part three, the words "with the indication of their borders," were replaced by the words "with the indication of their borders, including their graphic image".
4. Part two article 8 shall be amended as follows: "polling stations formed no later than 45 days before the elections, the head of the municipality or body (official) local government authorized the Charter of municipal formation(education), the decision of the representative body of local self-government or a court decision, in consultation with the relevant election commissions at the rate of not more than three thousand voters at one polling station. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. "
5. The second part of article 9 shall be amended as follows: "poll is the local election Commission on the basis of information provided by the head of the municipality or body (official) local government authorized the Charter of municipal formation(education), the decision of the representative body of local self-government or by a court decision in accordance with the form established by the municipal electoral Commission. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. Clarification of voter lists must be completed no later than 20 days before election day.
6. the first part of article 13 shall be amended as follows: "the municipal electoral Commission, composed of at least seven members of the Commission formed by representative body of local self-government, and in the absence of the head of the municipality or body (official) local government authorized the Charter of municipal formation(education) or decision of a court, from among the persons nominated by the local self-government bodies, voluntary associations, meetings of voters, service, study or residence not later than 75 days prior to the election and approved by the specified body of local self-government. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. "
7. Part four of article 14 shall be amended as follows: "the district election commissions formed the municipal electoral Commission from among those proposed by local government bodies, public associations, meetings of voters, service, study or residence not later than 50 days before election day, consisting of no less than seven members of the Commission and shall be approved by a representative body of local self-government, and in the absence of the head of the municipality or body (official) local government authorized municipal Charter or by a court decision. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. "
8. In article 15: the first part read: "territorial election commissions can be formed by election officials of local self-government units on one single-seat constituency, as well as in the formation of multi-member constituencies for the elections of the deputies of the representative body of local self-government, in accordance with article 4 of the present regulations, if the number of electors in the district exceeds 100 thousand persons.";

part three shall be amended as follows: "territorial election commissions are formed by the municipal electoral Commission from among those proposed by local government bodies, public associations, meetings of voters, service, study or residence not later than 50 days before election day, consisting of no less than seven members of the Commission and shall be approved by a representative body of local self-government, and in the absence of the head of the municipality or body (official) local government authorized municipal Charter or by a court decision. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. "
9. In the first part of article 22, the words "place of residence" were replaced by the words "place of residence, and for candidates nominated by electoral groups (blocks), the decision of the authorized body of the electoral Union (block) on their appointment, including a list of nominated candidates.
10. Part of the sixth article 28 shall be amended as follows: "no later than 30 days before election day, the head of the municipality or body (official) local government authorized the Charter of municipal formation(education), the decision of the representative body of local self-government or a court decision, to the territory of each polling station in the places convenient for visiting voters, select and arrange at least one special stand for hanging or hanging propaganda printed materials. Each registered under the relevant constituency candidate is given equal space for placing printed campaign materials. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. "
11. the first part of article 34 shall be amended as follows: "the premise for voting are placed at the disposal of the precinct election commissions by the head of the municipality or body (official) local government authorized the Charter of municipal formation(education), the decision of the representative body of local self-government or by court decision. If you are unable to use the premises of the State or municipal property, premises are leased from other owners. In the absence of eligible local self-government bodies specified actions are executive authority of the Russian Federation, entrusted with the execution of the decision of the Court in order to ensure the holding of elections. Payment of rent and damages produced by election commissions at the expense of funds allocated for the holding of elections. "
12. In the first and fourth parts of article 40, the words "or elections of deputies of the representative body of local self-government on single multi-mandate constituency", should be deleted.
13. In the first part of article 44 the words "shall be two years from the date of the vote" should be replaced by the words "is established in the manner prescribed by paragraph 12 of article 3 of the Federal law" on ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies ".
Article 3. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 85 June 22, 1998-FZ