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On Amendments To The Federal Law On Basic Guarantees Of Electoral Rights And The Right To Participate In The Referendum Of Citizens Of The Russian Federation "and The Code Of Civil Procedure Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "Об основных гарантиях избирательных прав и права на участие в референдуме граждан Российской Федерации" и Гражданский процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On the basic guarantees of electoral rights and the right to participate in the referendum of Russian citizens" Federation " and Civil Procedure Code Russian Federation adopted by the State Duma on November 17, 2006 Approved by the Federation Council on November 24, 2006 class="ed">(In the federal laws from 09.12.2010. N 353-FZ; dated 08.03.2015 N 23-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2253; 2003, N 27, sect. 2711; 2004, N 35, sect. 3607; N 50, stop. 4950; 2005, N 30, sect. 3104; 2006, N 29, 100 3124, 3125; N 31, sect. 3427) The following changes: 1) Article 4 should be added to paragraph 3-2 as follows: " 3-2. They do not have the right to be elected citizens of the Russian Federation: (a) sentenced to deprivation of liberty for serious and/or very serious crimes and having a fixed and expunate criminal record for the said elections on election day. offences; b) convicted for committing crimes of an extremist nature, provided for in the Criminal Code of the Russian Federation, and having a criminal record of election day for the said offences offences; in) subjected to administrative penalties for committing Administrative offence under article 20.3 of the Code of Administrative Offences, if the election is held before the end of the period during which a person is deemed to have been subjected to administrative " (c) In the case of a violation of article 56, paragraph 1, of the Covenant. Article 76, paragraph 8 (f), of this Federal Act, if The said violations or actions were committed before the election day during the statutory term of office of the state authority or the local government in which the election or the official was elected, for election that is assigned to the elections. "; 2) in article 33: (a), paragraphs 1 and 2, amend to read: " 1. The nomination of a candidate (s), including in the list of candidates, the election commission shall be notified in accordance with the procedure established by law. 2. The corresponding election commission shall be considered to be notified of the nomination of the candidate and the candidate shall be deemed to have been nominated and shall acquire the rights and duties of the candidate provided for by this Federal Law, other law, after admission to it. Statements in writing of the nominated person to stand for election to the constituency concerned, with an obligation, if elected, to cease activities incompatible with the status of the deputy or the replacement of an elected office. The declaration shall include the name, address, patronymic, date and place of birth, address of the place of residence, series, number and date of issue of the passport or document replacing the passport of the citizen, the name or code of the body issuing the passport or the equivalent document. A passport of a citizen, citizenship, education, main place of work or service, the position occupied (in the absence of the main place of work or occupation). If the candidate is a deputy and exercises his or her powers on a non-permanent basis, the declaration shall indicate the name and the name of the representative body concerned. The candidate is entitled to indicate in his statement his or her membership in a political party or no more than one public association registered no later than one year prior to the date of voting in accordance with the procedure established by law, and his or her status in the declaration of this political party, this public association, subject to the submission of a document attesting to this information and officially certified by the permanent governing body of the political party, of the union. Together with the application, the candidate shall submit a copy of the passport or document replacing the passport of the citizen, copies of the documents confirming the particulars of the education, the main place of work or the service, of the position held ) and that the candidate is a deputy. "; b) in paragraph 3 of the word" Together with the notification referred to in paragraph (1) "shall be replaced by the words" Together with the declaration referred to in paragraph 2 ", the third sentence should be deleted; 3) 1 of article 34 to be supplemented with the words ", except as provided for in paragraph 17 Article 38 of this Federal Law "; 4) in article 35: (a), add the following sentence:" In a single constituency, the electoral association shall have the right to nominate one candidate list. "; (b) Paragraph 14 should be supplemented by a new third sentence reading: "The law may provide that, together with the list of candidates, the electoral association shall submit other documents relating to the nomination of the list of candidates." to be supplemented by the following sentences: " Federal law may be a different time frame for the certification of the list of candidates. The law may provide grounds for refusal of a list of candidates. "; 5) in article 37: (a) paragraph 5 should read: " 5. The lists must be made at the expense of the corresponding election fund, the referendum fund. In the elections to federal bodies of state power, bodies of the State authorities of the constituent entities of the Russian Federation, when proposing a referendum on the subject of the Russian Federation, signatures may be collected from the day of payment for the manufacture. subscription lists. In the elections to the local self-government bodies, when proposing the local referendum, signatures may be collected from the day following the day of notification to the commission on the nomination of the candidate, the certification of the list of candidates, the registration of the initiative The referendum teams. The legal entity of the Russian Federation, which may gather signatures in support of the initiative to hold a referendum in the constituent entity of the Russian Federation, shall have a period of at least 30 days and a period in which signatures can be collected in support for the local referendum initiative, at least 20 days. "; (b) in paragraph 6 of the word" benefits, other social payments ", replace" benefits, scholarships, other social payments "; 6) in article 38: (a) Paragraph 1 should read: " 1. Registration of a candidate, list of candidates shall be carried out by the relevant election commission, subject to the availability of the documents referred to in article 33, paragraphs 2 and 3, of this Federal Act, other legal documents submitted in accordance with the law. appropriate electoral commission for notification of nomination, list of candidates, as well as with the required number of signatures collected in support of nomination of the candidate, list of candidates, or on application Electoral pledge (unless otherwise provided by the law of the Russian Federation) of the Federation, in accordance with paragraph 17 of this article) or in the presence of a decision of a political party referred to in paragraph 16 of this article. The necessary number of signatures collected in support of the referendum initiative put forward by the referendum initiative group is the basis for the referendum in the manner envisaged in the referendum. by law. "; b) supplement paragraph 1-1 as follows: " 1-1. In identifying the lack of information about candidates or non-compliance with the requirements of the law for processing documents, the corresponding election commission shall not be held at least three days before the day of the meeting of the election commission at which the question is to be considered. The registration of the candidate, the list of candidates, informs the candidate, the election association. At least one day before the day of the meeting of the election commission at which the question of registration of the candidate, the list of candidates is to be considered, the candidate is entitled to make clarifications and additions to the documents containing information about him, and Electoral association-in documents containing information on the candidate (nominated candidates), including on the list of candidates, submitted in accordance with article 33, paragraphs 2 and 3, of this Federal Law, as well as Other documents (excluding signature lists with voter signatures) submitted in The electoral commission to be notified of the nomination of the candidate, the list of candidates and their registration, in order to bring these documents into compliance with the requirements of the law, including their registration. The candidate, the electoral association has the right to replace the submitted document only if it is in violation of the requirements of the law. "; , in paragraph 5, the word" abbreviations "replaced by the words" reduction of words and dates "; g) in Paragraph 7 of the word "inspection of subscription lists" should be replaced with the words "the signature lists conducted by the commission", the fifth sentence should read: " Re-examination of subscription lists after the commission of the decision may be implemented only by a court or by a commission in accordance with paragraph 6 of article 76 of this Federal Law and only within the limits of the signatures to be verified. "; (d) the second sentence of paragraph 18, delete; (e) in paragraph 24: subparagraph" c " should read as follows: "(in) the absence of documents submitted for notification of nomination and registration of a candidate, documents required under this Federal Act, other law for notification of nomination and (or) registration of a candidate;"; add the following to the following: " (1) presence on the day preceding the day of the meeting of the election commission at which the question of registration of the candidate is to be considered, among documents submitted for notification of nomination and registration of the candidate, documents, In violation of the requirements of this Federal Law, other law; 2-2), the day before the day of the meeting of the election commission at which the question of registration of the candidate is to be considered in the documents, submitted for nomination and registration of a candidate, any particulars referred to in article 33, paragraphs 2 and 3, of this Federal Act, other law; "; , in subparagraph (c), replace" paragraph 1 "by" paragraph 1 "; The content: "(o) established by a court decision on the fact of bribery of voters by a candidate, his trustee, authorized representative of financial matters, and also acting on their behalf by another person or organization."; In paragraph 25: sub-paragraph "b" should read: " (b) Absence of documents submitted for notification of nomination and registration of a list of candidates, documents required under this Federal Act, other law for notification of nomination and (or) registration List of candidates (except in the absence of the missing documents for individual candidates included in the list of candidates); "; to add" b-1 "to" b-1 "to read: " B-1) availability for the day, the previous day of the meeting of the election commission at which consider the registration of the list of candidates, among the documents submitted for notification of the nomination and registration of the list of candidates, documents issued in violation of the requirements of this Federal Law, of another law (for violation of the law). the exception of cases of improper registration of individual candidates on the roster); B-2) the day before the day of the meeting of the election commission at which the issue is to be considered on the registration of the list of candidates, in documents submitted for the Notice of the nomination and registration of the list of candidates, any information provided by this Federal Act, other law (except in the absence of information regarding the individual candidates included in the list of candidates); B-3) Absence of documents submitted for the referendum, documents required under this Federal Law, other law for the appointment of a referendum; "; subpara. editions: " and) established by a court decision non-compliance by an electoral association, an action team for the referendum of the restrictions referred to in article 56, paragraph 1 or 1-1, of this Federal Law; "; , add the following: "(v) a court decision on the fact of bribery of voters by the electoral association, its trustee, its authorized representative and the other person or entity acting on their behalf."; , in paragraph 26: In subparagraph (c), replace "paragraph 1" with "paragraph 1 or 1-1"; to supplement the subparagraphs "f"-"and" to read: " (f) the absence of any documents submitted for notification of the nomination and registration of the list of candidates, the documents required under this notice. Federal law, other law to notify the nomination and (or) registration of a candidate included in the list of candidates; (s) the day before the day of the meeting of the election commission at which the question is to be considered on the registration of the list of candidates, Notice of the nomination and registration of the list of candidates, documents issued against a candidate in violation of the requirements of this Federal Law, another law; and) the absence of the day before the day of the election on the registration of the list of candidates, in the documents submitted for notification of the nomination and registration of the list of candidates, any information concerning the candidate referred to in paragraphs 2 and 3 of the article 33 of this Federal Act, other law. "; and)" Paragraph 32 of the words "on the grounds provided for in its statute" should be replaced by the words "on the grounds provided for in the federal law and (or) the electoral association", the second sentence should be supplemented by the words ", except in the case of Article 76, paragraph 11, of this Federal Law "; 7) in article 48: (a) paragraph 7, add the following sentence: " (c) persons for whom a court decision during a period of election the campaign, the referendum campaign has established a violation of the restrictions, under paragraph 1 of article 56 of this Federal Law. "; (b) in paragraph 10, the words" provided to the electoral associations "shall be replaced by the words" provided to the electoral associations, candidates "; 8) paragraph 4 Article 54, to recognize lapaway; 9) in article 56: (a), paragraph 1, amend to read: " 1. Pre-election programs of candidates, electoral associations, other campaign materials (including those placed in public information and telecommunication networks, including the Internet), speeches of candidates and their proxies, Representatives and proxies of electoral associations, representatives of the initiative group for holding the referendum and other groups of referendum participants, citizens at public events, in the mass media (including those placed in Public information and telecommunications networks, including "Internet" should not contain calls to commit acts defined in article 1 of Federal Act of 25 July 2002 No. 114-FZ "On Counteracting Extremist Activities" (hereinafter referred to as the Federal Law "On Countering Extremist Activities"). ") as extremist activities or otherwise encourage such acts, as well as justify or justify extremism. The agitation inciting social, racial, national or religious discord, which is degrading to the national dignity, superiority or inferiority of citizens on the basis of their attitude to religion, social status, is prohibited. racial, national, religious or linguistic affiliation, as well as the agitation in which Nazi paraphitics or symbols or symbols or symbols similar to those of Nazi Germany are being promoted and publicly displayed attribute or symbols to the extent of their mixing. It cannot be considered as inciting social discord to advocate for social justice. "; b) to supplement paragraph 1-1 as follows: " 1-1. In the conduct of pre-election agitation, the referendum campaign also does not allow the abuse of freedom of mass information in other forms than specified in paragraph 1 of this article. The agitation violating the Russian Federation's legislation on intellectual property is prohibited. "; in) shall be supplemented by paragraphs 5-1 and 5-2 as follows: " 5-1. Aguitation materials cannot contain commercial advertising. 5-2. The registered candidate, the election association is not entitled to use airtime on the channels of the organizations that carry out television broadcasting provided to them to place campaign materials, for purposes of: (a) circulation of appeals To vote against the candidate, candidates, list of candidates, lists of candidates; b) a description of the possible negative consequences if a candidate is elected, a list of candidates will be accepted for distribution (...) (...) that is clearly dominated by the information about a candidate (any candidate), the electoral association combined with the negative comments; g) to disseminate information that would help to create a negative voter attitude to the candidate, the electoral association that nominated the candidate, the list of candidates. "; 10) in article 70: (a) paragraph 2 (a) of paragraph 2 (a), paragraph 2-1, should read: " 2-1. The number of voters participating in the referendum is determined by the number of ballot papers found in the voting boxes. The number of participants in the referendum, which participated in the referendum, is determined by the number of participants in the referendum in the list of participants of the referendum who voted in the referendum on the voting day, and on the number of participants in the list of participants the referendum that a referendum participant voted outside the voting room ahead of time. "; in paragraph 3, recognizing no force; 11) in article 71: (a) in paragraph 6 of the word" of the election commission "shall be replaced by the words" by a decision of the body authorized by law to reappoint, "; b) in paragraph 8 of the word" by decision of the relevant election commission "to read" by decision of the authority authorized by law to appoint additional elections, "; , paragraph 11, recognize (12) Article 75, paragraph 5, after the words "the decision of the relevant commission" to be supplemented by the words "on the registration of a candidate (list of candidates), the refusal to register a candidate (list of candidates),"; 13). Amend the text as follows: " Article 76. Grounds for the cancellation of the registration of a candidate (candidate list), cancellation of the decision of the Commission to register a candidate (list candidates), refusal to register a candidate (candidate list), excluding a candidate from candidate list, unregistering candidate (s), initiative referendum group 1. The decision of the election commission to register the candidate shall be annulling by the higher commission in case of violation of the requirement of Article 38, paragraph 19 of this Federal Law. All decisions on the registration of the candidate are subject to cancellation, except for the first. 2. Registration of a candidate (candidate list) shall be annulsed by the decision of the election commission who registered the candidate (list of candidates), on the basis of the application of the candidate for the withdrawal of its candidate, the decision of the electoral association to withdraw the candidate. (a list of candidates) submitted to this election commission in accordance with Article 38, paragraph 30, 31 or 32 of this Federal Law, as well as in connection with the death of the candidate. 3. The registration of the candidate shall be cancelled by the election commission who registered the candidate, in case of the loss of the passive election right. 4. Registration of the candidate (candidate list) nominated by the political party, its regional office or other structural unit shall be annulled by the election commission who registered the candidate (list of candidates), on the basis of the entry into force. The court's decision to suspend the activity or liquidation of a political party, its regional office or other structural unit. Registration of a candidate (list of candidates) nominated by a different public association shall be annulled by the election commission who registered the candidate (list of candidates) on the basis of a decision by the relevant official or body Suspension of the activities of the public association (if the decision is not appealed or not recognized by the court) or in the event of the liquidation of the public association. 5. Registration of the list of candidates shall be annulled if the number of candidates who have been excluded from the list of candidates for withdrawal of their candidates is decided by the decision of the electoral association to exclude candidates from the list of candidates (except for disposals ), as well as on the grounds provided for in article 38, paragraph 26, of this Federal Act and paragraph 9 of this article, exceeds 25 per cent of the number of candidates on the certified list of candidates for election to federal government or 50% of the number of candidates A certified list of candidates for the elections to the State authorities of the constituent entities of the Russian Federation and local authorities. 6. The decision of the election commission on the registration of the candidate (the list of candidates), the refusal to register a candidate (the list of candidates) can be annuls by the court, and the decision of the election commission to refuse to register a candidate (candidate list)-also by the election commission in accordance with article 75 of this Federal Law, upon application by the registered candidate (list of candidates) of the electoral commission, candidate and the electoral association for whom such a candidate is made decision, candidate registered on the same electoral district, electoral association, whose list of candidates is registered in the same electoral district, if it is established that the decision was taken by the election commission in violation of the requirements of Article 38, paragraphs 24 to 26 of the present Federal Act. 7. The registration of a candidate may be annulled by the court upon application by the registered candidate of the election commission, a candidate registered in the same constituency, in cases of: (a) newly discovered circumstances The grounds for refusal of registration of a candidate referred to in subparagraph (a), (b), (e), (e), (e), (c), "L", "L", "n" or "(o"), of article 38, paragraph 24, of this Federal Act. Again, the circumstances that existed at the time of the decision to register the candidate but were not and could not be known to the election commission that registered the candidate; b) a candidate for the purpose of attaining a certain result in the election of cash in addition to the funds of its own electoral fund, if the amount exceeded 5 per cent of the limit on the expenditure of the electoral fund by law, or exceeding the spending limit the electoral fund established by law, by more than 5 per cent; in) repeated use of the advantage of his official or official position; g) to establish the fact of bribery of voters by a candidate, by his trustee, authorized representative for financial matters, as well as by the other person or entity acting on their behalf; (d) failure to comply with the restrictions imposed by article 56, paragraph 1, or 1 to 1 of article 56 Federal law; (e) repeated non-compliance a candidate of the limitations of article 56, paragraph 5-2, of this Federal Law; (g) a finding of a candidate of fact indicating that, during the period referred to in subparagraph 3 (2) of article 4, of this Federal Law (but prior to the acquisition of a candidate's status), this citizen in his speeches at public events, in the mass media or in the materials he distributes (including those placed in Public information and telecommunications networks, including the Internet, have been called for The acts defined in article 1 of the Federal Act on Combating Extremist Activity as an extremist activity or other means of inducing such acts, justifying or justifying extremism, or committing acts aimed at to instil social, racial, national or religious discord, humiliation of national dignity, promotion of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, social, racial, national, religious or linguistic affiliation, or promoted and publicly displayed Nazi parapubotics or symbols or symbols or symbols, similar to those of Nazi parapusions or symbols, to the extent of their intermingle; to establish the fact that a candidate has concealed information about his or her criminal record. 8. The registration of the list of candidates may be cancelled by the court on the application of the electoral commission registering the list of candidates, the electoral association, whose list of candidates is registered in the same electoral district, in cases: (a) The newly discovered circumstances giving rise to the refusal to register the list of candidates referred to in subparagraph "a", "e", "f", "and", "c", "m" or "n" of article 38, paragraph 25, of this Federal Act. Again, the circumstances that existed at the time of the decision to register the list of candidates but were not and could not be known to the electoral commission that registered the list of candidates; b) the use of an electoral association to achieve a certain result in the election of money other than its own electoral fund, if the amount exceeded 5 per cent of the spending limit the electoral fund established by law or exceeding the limit The use of the electoral fund established by law by more than 5 per cent; in) repeated use by the head of the electoral association of the advantages of his official or official position; g) The determination of the fact of the bribery of voters by the electoral association, its trustee, the authorized representative, and the other person or entity acting on their behalf; (e) failure to observe the restrictions imposed by the electoral association; under article 56, paragraph 1, or 1, paragraph 1, of the The Federal Law, as well as non-compliance by a candidate included in the registered list of candidates, the restrictions provided for in article 56, paragraph 1, of this Federal Law, if the electoral association that nominated the list does not exclude of such a candidate from the list in accordance with paragraph 11 of this article; (e) repeated non-compliance by the electoral association with the restrictions provided for in article 56, paragraph 5-2, of this Federal Law; The establishment of an electoral association for the In the period covered by article 4, paragraph 3 (2), of this Federal Act (but before the nomination of the list of candidates), this is a selective association in public events, in the mass media or in the materials distributed to them (including those placed in public telecommunications networks, including the Internet), called for acts defined in article 1 of the Federal Act on Counteracting Extremist " as an extremist activity or otherwise motivated such acts, justified or justified extremism, or carried out activities aimed at inciting social, racial, national or religious discord, humiliation of national dignity, and the promotion of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, social, racial, national, religious or linguistic affiliation, or promoted and publicly displayed Nazi parapubotics or symbols or attributes or symbols similar to those of Nazi or symbotic symbols the degree of their mixing, as well as the establishment of such a fact in respect of a candidate included in the registered list of candidates during the period (but prior to the acquisition by a citizen of the status of a candidate), if the electoral association which has nominated This list will not exclude such a candidate from the list in accordance with paragraph 11 of this article. 9. Registration of a candidate included in the registered list of candidates may be cancelled by the court on the application of the electoral commission registering the list of candidates, the electoral association whose list of candidates is registered by volume In the case of an electoral district, in the case referred to in subparagraph (c), "d" or "z" of paragraph 7 of this article, or in the case of newly discovered circumstances which justify the exclusion of a candidate from the list of candidates referred to in subparagraph (a), "B", "B", "g" or "e" of article 38, paragraph 26, of this Federal of the law. Again, the circumstances that existed at the time of the decision to register the list of candidates but were not and could not be known to the electoral commission registering the list of candidates. 10. Registration of the initiative group for holding the referendum, another group of participants of the referendum may be cancelled by the court on the application of the organizing referendum no later than three days before the day of voting in cases: (a) violation. the procedure for the nomination of a referendum initiative; b) by members and (or) authorized representatives of the initiative group for the referendum, another group of participants in the referendum on how to conduct the referendum campaign Referendums and the financing of the referendum campaign; in) Use by members and (or) authorized representatives of the initiative group for the referendum, other group of participants in the referendum of the benefits of their official or official position; g) establishing the fact of bribery Members of the referendum by members and/or authorized representatives of the initiative group for holding the referendum, another group of referendum participants; (d) the existence of other grounds established by this Federal Law, other law. 11. The electoral association for which the protection of the electoral rights and the right to participate in the referendum of citizens on the basis of subparagraph 8 (e) of this article has the right to be excluded from his/her right to participate in the referendum shall be deleted. a list of candidates whose actions have served as grounds for recourse to the court. The exclusion of such a candidate from the list of candidates before the court's decision on the case is the basis for the termination of the case. 12. In the event of non-compliance by a candidate, the electoral association of the restrictions provided for in article 56, paragraph 1, of this Federal Act, or by a citizen prior to his or her acquisition of the status of a candidate, but by an electoral association prior to his nomination The list of candidates for the acts referred to in paragraph 7, subparagraph (e), respectively, of paragraph 8 of this article and in the cases referred to in subparagraphs (b), (b), (b) and (c), subparagraphs (b), (b) and (c), of paragraph 8 of this article, Registration of a candidate (list of candidates) may be annulled by the court on application Prosecutor. ". Article 2. N 23-FZ) Article 3 Paragraphs 2 and 3 "b" of article 9, paragraph 65, of the Federal Law of 21 July 2005 93-FZ "On introducing amendments to the legislative acts of the Russian Federation on elections and referendums and other legislative acts of the Russian Federation" (Assembly of Russian Laws, 2005, N 30, sect. 3104) be declared invalid. Article 4 1. This law shall enter into force on the date of its official publication. 2. Provisions of articles 4, 33 to 35, 37, 38, 48, 56, 70, 71, 75 and 76 of the Federal Act of 12 June 2002, No. 67-FZ " On basic guarantees of electoral rights and The right to participate in the referendum of the citizens of the Russian Federation " (in the wording of this Federal Act) shall not apply to the legal relations arising from the holding of elections fixed until the day of the entry into force of this Federal Law. 3. The provisions of article 4, paragraph 3 (2), subparagraph (e) and (f) of article 76 (8) of the Federal Law of 12 June 2002 N 67-FZ "Basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation" (in the wording of this Federal Law) apply only in connection with citizens ' actions and the activities of electoral associations, which are carried out by the citizens of the Russian Federation. after the date of entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 December 2006 N 225-FZ