On The Administrative Responsibility Of Juridical Persons For Violation Of Legislation Of The Russian Federation On Elections And Referendums

Original Language Title: Об административной ответственности юридических лиц за нарушение законодательства Российской Федерации о выборах и референдумах

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Spagle Force-Federal Law of 30.12.2001 N 196-FZ RUSSIAN FEDERATION FEDERAL LAW On the administrative responsibility of legal persons for violation of the law of the Russian Federation on elections and the referendums , adopted by the State Duma on 5 November 1999 Article 1. General provisions For the purposes of this Federal Act, in violation of the Russian Federation's legislation on elections and referendums, it is understood that the requirements of the Federal Constitutional Law " About Russian Federation Referendum", Federal Law" Federal election laws of the Russian Federation, the federal laws on the election of the federal authorities, on the basic guarantees of electoral rights and the right to participate in the referendum OF THE PRESIDENT OF THE RUSSIAN FEDERATION In case of violation of Russian legislation on elections and referendums, the election bloc to administrative responsibility is involved in the election unit entering the electoral unit at the time of the commission of the offence. The quality of the electoral associations is political public associations. Article 2: Failure to implement the decision of the election commission, Referendum Commission Non-execution of the decision of the election commission, Referendum Commission adopted within its competence- Fines ranging from 100 to 200 times the minimum wage. Article 3. Violation of the established order of publication of documents and information Violation of the periodical publication of the order of publication of documents and other documents by the Russian Federation Information related to the preparation and holding of elections and referendums- is punishable by a fine of up to 200 times the minimum wage. Article 4. Violation of the laws of the Russian Federation on elections and referendums , the conditions for campaigning, campaigning by the referendum The conditions of access of candidates, registered candidates, election blocs, electoral blocs, electoral blocs, initiative groups for the referendum to funds the media, as well as the editorial offices of the media of mass information, the procedure for the provision of airtime and The allocation of the printed area, as well as the provision of radio and television broadcasting organizations, the preference of a candidate, the registered candidate, the electoral bloc, and the electoral unit, including by the time of their campaign coverage,- is liable to a fine of 200 to 500 times the minimum wage. Article 5. Violation of the conditions for advertising commercial activity Violation of the Russian Federation's legislation on elections and referendums on the conditions for advertising the commercial activities of candidates, registered candidates, electoral associations, electoral blocs, other persons and organizations for the promotion of commercial activities subject to the requirements and restrictions provided for by the said legislation- results in a fine of two hundred to five hundred from the minimum rates of remuneration. Article 6. The conduct of agitation by organizations which are prohibited by law "Conduct of pre-election agitation or agitation in the conduct of the referendum by the organizations which are prohibited by law,"- results in a fine of 200 to 500 times the minimum wage. Article 7. Production or distribution of campaign materials materials that do not contain legal information information Production or distribution during the preparation and holding of elections or referenda Printed or audiovisual materials without written confirmation of the consent of the registered candidate, the electoral association, the electoral bloc, the voluntary association, the initiative group for the referendum, and The Conference of the States Members of the United Nations information on the date of issue, the name and address of the organization, or the name, patronymic or place of residence of the person who made the printed or audiovisual materials, The name of the organization or the name, the name, the patronymic of the person who ordered these materials, and the production of printed or audio-visual materials in which the listed data are incorrect or incomplete.- produces a fine of two hundred to three hundred times the minimum size Payment of labour with confiscation of illegal campaign materials. Article 8. Bribery of voters, referendum participants, carrying out charitable activities with violation of the law Bribery of voters, referendum participants, carried out by legal entities, directly or indirectly "Participating in the election campaign, campaigning for the referendum campaign, preparing and holding the referendum for voters, participants in the referendum of funds, gifts and other material values," the statement added. the remuneration of the voters who performed the organizational work, -dependence on voting results, preferential sales of goods, free distribution of any goods, except as permitted by law, the provision of services free of charge or on preferential terms, as well as the impact on voters, The participants in the referendum pledged to transfer money, securities, including by vote, and other material goods, to the provision of services other than on the basis of federal laws, laws of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION of state power and local self-government bodies), as well as carrying out charitable activities in violation of the legislation of the Russian Federation on elections and referendums- entails the imposition of a fine of 300 to 100%. Five hundred from the minimum wage. Article 9. Provision of financial or other material support to support other than the electoral funds, funds to participate in the referendum Provision of financial or other material support to the electoral campaign of the candidate, The registered candidate, the electoral association, the electoral bloc, the initiative group for the referendum, in addition to their election funds, the funds for participation in the referendum or related to the holding of the elections, the referendum is free of charge or at unnecessarily low rates for the organization of work, The provision of services and the sale of goods- entails the imposition of a fine of 200 to 500 times the minimum wage, with the confiscation of material support. Article 10. Production of unrecorded ballot papers for voting or concealment of ballot papers Production of unaccounted copies of ballot papers, ballot papers for the referendum or concealment of balances Ballot papers, ballot papers for the referendum- shall entail a fine of 300 to 500 times the minimum wage. Article 11. Failure to disclose denial or other explanation in defence of honour, dignity or business reputation Failure to make public (publish) refute or otherwise :: An explanation for the honour, dignity or business reputation of a registered candidate before the end of the period of pre-election agitation in the event of the publication (publication) of the body, radio programmes on the channels of the bodies carrying out the body-and (or) and in print media, prejudicial to the honour, dignity or business reputation of a registered candidate if, in accordance with the laws of the Russian Federation on elections and referendums, the provision of such a possibility is mandatory, The imposition of a fine of between 100 and 200 times the minimum wage. Article 12. The administrative jurisdiction of the cases of administrative offences provided for in this by the Federal Law The cases of administrative offences under this Federal Act are considered by the Federal Law on Administrative Offences. District courts (justices of the peace). Article 13. Procedures for the production of administrative offences provided for in this Federal Law Procedure for proceedings for administrative offences under this Code Federal law is governed by this federal law, and in part it is not regulated by section IV of the Administrative Code of the RSFSR. (...) (...) The grounds for initiating the case of the administrative offence provided for in this Federal Law 1. The institution of an administrative offence under this federal law is: 1) direct detection by a person authorized to draw up reports of administrative offences, of fact the commission of an administrative offence provided for by this Federal Law; 2) materials received from law enforcement agencies, as well as from other state bodies, local self-government bodies, and public joins; 3) messages and statements about Administrative offences under this Federal Act from natural or legal persons, as well as reports in the mass media. 2. The materials, communications, statements referred to in paragraph 1 of this article are subject to review by persons authorized to draw up reports of administrative offences, as well as by the prosecutor. 3. The grounds for the institution of an administrative offence under this Federal Act are sufficient data indicating signs of an administrative offence. In the event of a refusal to institute proceedings for an administrative offence, subject to the availability of materials, communications, applications referred to in paragraphs 2 and 3 of paragraph 1 of this article, a person who has examined the said material, communications, statements, The reasons for the refusal to institute proceedings for an administrative offence are motivated by a reasoned decision. The refusal to initiate a case of an administrative offence may be appealed by the person who submitted the relevant material, the communication, the application, the court or the higher authority (the higher official). 4. The administrative offence referred to in this Federal Act is deemed to have been initiated since the drafting of the Protocol of Administrative Offences or by the Public Prosecutor for the institution of the case. administrative offence. Article 15. Measures to ensure the production of cases on administrative offences covered by this Federal Law 1. In the detection of administrative offences under articles 7 to 10 of this Federal Law, administrative detention of a representative of a legal person, inspection of things, seizure of things and documents shall be carried out by officials of the bodies internal affairs. 2. Measures to ensure the provision of administrative offences to a legal person may be appealed by the person concerned to the higher authority of the internal affairs, the procurator or the court. Article 16. Protocol on Administrative Offences provided by this Federal Law 1. A protocol shall be drawn up for the commission of an administrative offence under this Federal Law. 2. to draw up the protocols on administrative offences under this Federal Act, to perform other procedural acts provided for by this Federal Law and The RSFSR Code of Administrative Offences, the members of the election commission, the Referendum Commission with the right to vote, are entitled to vote commissions, referendum commissions, as well as officials of the internal affairs agencies. 3. The administrative offence report indicates the date and place of the offence; the title, surname, first name, patronymic of the person who drafted the report; and information on the legal person in respect of which the administrative offence has been initiated; Surnames, names, addresses of witnesses, if any; place, time of commission and substance of an administrative offence; a law providing for liability for the offence, specifying the specific article of the law; other information, needed to resolve the case. If there is an explanation of the representative of the legal person in respect of whom the administrative offence has been initiated, this explanation shall be attached to the said protocol. 4. When drawing up a protocol on an administrative offence, the representative of the legal person in respect of whom the administrative offence is initiated, as well as other participants in the proceedings in the case, are explained their rights and The obligations under this Federal Act and the Administrative Offences Code of the RSFSR Code of Administrative Offences are mentioned in the report. 5. A representative of a legal person subject to an administrative offence must be given the opportunity to consult the report on the administrative offence. The person is entitled to provide explanations and comments on the content of the protocol attached to the protocol. In the event of refusal of the said person to sign an administrative offence, the record shall be recorded. 6. The Protocol on Administrative Offences shall be signed by the person who wrote it, and if there are witnesses also understood. 7. A representative of a legal person in respect of whom a case of administrative offence has been filed, a copy of the record of an administrative offence shall be placed under receipt immediately after the receipt of the offence. Article 17. The date of the drafting of the protocol on the administrative offence Protocol on an administrative offence shall be drawn up immediately after sufficient evidence is found to indicate that an administrative offence has been committed Offences. Article 18. The direction of the administrative offence for the review of the case of an administrative offence Administrative Offences Protocol is referred to the court for consideration of the case Administrative offence within 24 hours of the drafting of the protocol on administrative offence. Article 19. A ruling in the case of an administrative offence provided for by this Federal Law 1. The decision on the administrative offence must specify: 1) the name, surname, patronymic of the judge who made the decision; 2) the date and place of consideration of the case; 3) the particulars of the legal person, : 4) the circumstances set out in the case; 5) the name of the article of this Federal Law which provides for liability for this administrative offence; 6) and the procedure for appealing the order. 2. The decision in the case of an administrative offence must be motivated. 3. The decision on the administrative offence must address the issues of seized items and documents, as well as on confiscated items. Documents that are material evidence must be retained for the entire duration of the case or are handed over to the persons concerned. 4. The Ordinance on Administrative Offences is signed by the judge who issued the ruling. Article 20. Period of imposition of administrative penalty for committing an administrative offence , as provided for by this Federal Law Administrative penalties for the commission of an administrative offence The offences provided for in this Federal Act may be imposed no later than two months from the date of the commission of the offence, and with a continuing offence of two months from the date of the offence. Article 21. The procedure for imposing a fine on the electoral bloc If the violation is allowed by the electoral unit, the penalty imposed is to be recovered from political public associations belonging (at the time of the commission of the offence) in the The electoral bloc as electoral associations, within the amount of the fine established by this Federal Law, in equal shares. Article 22. The procedure for challenging and challenging the Administrative Ruling of the offence provided for in this Federal Law 1. Within ten days of the ruling in the case of an administrative offence under this Federal Law, the legal person against whom the order is issued has the right to appeal against the ruling in the case of a court of law. superior court. 2. The order of protest against the ruling in the case of an administrative offence provided for by this Federal Law is determined in accordance with Chapter 22 The RSFSR Code of Administrative Offences. Article 23. The order of execution of the decree on the imposition of the administrative penalty provided for by this Federal Law 1. The Ordinance on the imposition of an administrative penalty, as provided for by this Federal Law, shall enter into force and shall be enforceable upon the expiration of ten days from the date of its issuance. In the event of a complaint or a protest against the imposition of an administrative penalty, the ruling shall enter into force on the date of its decision not to cancel its decision on the complaint or protest. 2. A legal person subject to an administrative penalty imposed by this Federal Law shall be entitled to execute the ruling voluntarily within fifteen days of the date of its entry into force. into force. In the event of failure to enforce the administrative penalty provided for by this Federal Law within the specified time limit, the decision shall be transmitted by the judge who issued the order to the court bailiff for action. in conformity with the law on enforcement proceedings. 3. The general procedure for the enforcement of administrative penalties provided for in this Federal Act is applied in the context of the administrative liability of legal persons. established by this Federal Law, Title V of the Code of the RSFSR on Administrative Offences and the Federal Law . Article 24. The term of validity of this Federal Law This Federal Law ceases to be in force from the date of the entry into force of the Russian Federation Code on administrative delicts. Article 25. The procedure for the entry into force of this Federal Law Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 6 December 1999 N 210-FZ