Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»

Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»

Название Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»
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Article 41. Submission of Lists of Candidates and Other Electoral Documents of Political Parties, Electoral Blocs to the Central Election Commission of the Russian Federation. Submission of Documents of Candidates Nominated by Political Parties, Electoral Blocks In Single-seat Electoral Districts to District Election Commissions

1. The federal list of candidates and the list of candidates nominated by a political party, an electoral bloc in single-seat electoral districts shall be submitted by an authorized representative of the political party, electoral bloc to the Central Election Commission of the Russian Federation not later than 30 days after the official publication of the decision to call the election. These lists must indicate the surname, first name and patronymic, date of birth, education of the candidate, the name of the Russian Federation subject, raion, city, other populated center where the place of his residence is located, the main place of work or service and position (in the absence of the main place of work or service — occupation) of each candidate (if the candidate is a deputy and exercises his powers on a non-permanent basis — this fact and the name of the relevant representative body), information about convictions and foreign citizenship of the candidates and, at the candidate's request, his membership in not more than one public association registered not later than a year before voting day and his status therein, provided the candidate submits a document confirming this information, which is officially certified by the permanent leading body of this public association. The lists of candidates shall be submitted to the Central Election Commission of the Russian Federation in a printed and a machine-readable form according to the format established by the Central Election Commission of the Russian Federation.

2. Simultaneously with the lists of candidates indicated in Clause 1 of this article (hereafter «lists of candidates») the authorized representative of a political party shall submit the following documents:

(1) a notarized copy of a document confirming that the political party has been entered in the unified state register of legal entities;

(2) a notarized copy of the Rules of the political party;

(3) a decision (decisions) of the congress of the political party on the nomination of the list (lists) of candidates;

(4) a list of the authorized representatives of the political party with the information about these representatives listed in Clause 3, Article 36 of this Federal Law;

(5) powers of attorney of the authorized representatives of the political party for financial matters duly executed in the procedure established by this Federal Law.

3. The authorized representative of an electoral bloc shall submit the following documents:

(1) minutes of proceedings of the congresses (conferences) of the political parties, other all-Russia public associations comprised in the electoral bloc with decisions on candidatures proposed for nomination as candidates from the electoral bloc;

(2) a decision (decisions) of the congress (conference) of the representatives of the political parties, other all-Russia public associations comprised the electoral bloc on the nomination of a list (lists) of candidates by the electoral bloc;

(3) a list of authorized representatives of the electoral bloc with the information about them listed in Clause 3, Article 36 of this Federal Law;

(4) powers of attorney of the authorized representatives of the electoral bloc for financial matters executed in the procedure established by this Federal Law.

4. Simultaneously with the documents indicated in Clauses 1 to 3 of this article the authorized representative of a political party, an electoral bloc shall submit:

(1) in respect of each candidate — the candidate's statement of consent to stand for election in the given electoral district and his obligation, if elected, to discontinue activities incompatible with the status of a deputy of the State Duma. The statement must indicate the biographical data of the candidate: his surname, first name and patronymic; date and place of birth; address of the place of residence; education; main place of work or service; position (occupation, if there is no main place of work or service); if the candidate is a deputy and exercises his powers on a non-permanent basis — this fact and the name of the relevant representative body; kind, series, number and date of issuance of the identity document containing information about the citizenship, address of the place of residence and the name or code of the body which issued this document. In the statement of consent to stand for election the candidate may mention his membership in not more than one political party registered in the procedure established by the federal law or membership in some other public association registered not later than one year before voting day in the procedure established by law as well as his status in this public association provided the candidate submits a document confirming this information and this document is officially certified by a permanent leading body of the given public association. In this case the candidate shall agree an abbreviated name of the given public association (consisting of not more that seven words) with this public association and with the Central Commission of the Russian Federation. If the candidate has a conviction that has not been cancelled and annulled, the statement shall also indicate the information about the candidate's conviction. The statement must indicate citizenship of the candidate and, if the candidate has Russian Federation citizenship and foreign citizenship, also the information about his foreign citizenship.

(2) In respect of candidates included in a federal list of candidates — the information about the size and sources of the candidate's income and about the property owned and co-owned by the candidate, bank deposits, securities. The information about the size and sources of income shall be submitted in the form of a copy of the tax declaration of the citizen who is a candidate for the year preceding the year in which the election was called (with a note of the tax authority at the place of submission). If, under Russian Federation laws, the citizen who is a candidate does not have to file a tax declaration, he shall submit the certified information about his income (including the pension, benefits, other payments) for the year preceding the year in which the election was called from the legal entities and/or natural persons, which/who are tax agents under the federal law, from the organizations making such payments. The information about the property owned by the candidate and the other information indicated in this clause shall be submitted in accordance with the form shown in Annex 4 to this Federal Law. If, in the year preceding the year in which the election was called, the candidate did not receive any income and/or does not own any property to be reported in accordance with this clause, this fact must be indicated in the candidate's statement of consent to stand for election.

5. A candidate nominated by a political party, an electoral bloc may be included only in one federal list of candidates and nominated only in one single-seat electoral district. A candidate nominated by a political party, an electoral bloc shall not put up his candidature by way of self-nomination.

6. The Central Election Commission of the Russian Federation shall accept the lists of candidates together with a copy of the document certifying the identity of the candidate and copies of the documents confirming the information indicated in the candidate's statement of consent to stand for election about his education, main place or work or service, position (occupation) and the information that the candidate is a deputy. Such certified copies shall be submitted in respect of each candidate included in the list.

7. Within three days the Central Election Commission of the Russian Federation shall consider the submitted documents and issue a certified copy of the federal list of candidates and/or a certified copy of the list of candidates nominated in single-seat electoral districts to the authorized representative of a political party, an electoral bloc, or a reasoned decision to refuse to issue such copies. If an electoral bloc simultaneously submitted to the Central Election Commission of the Russian Federation the documents for its registration as provided by Article 34 of this Federal Law and the lists of candidates, the Central Election Commission of the Russian Federation shall consider all submitted documents within five days.

8. The refusal to issue certified lists of candidates to a political party, an electoral bloc may be due to the absence, incompleteness or improper execution of the documents indicated in Clauses 1 to 4 of this article or due to other breaches of the procedure established by Articles 39 and 40 of this Federal Law and Clause 5 of this article for the nomination of candidates.

9. A political party, an electoral bloc may appeal the refusal to issue certified copies of lists of candidates in the Supreme Court of the Russian Federation, which shall consider the appeal within three days.

10. After a federal list of candidates, a list of candidates nominated in single-seat electoral districts have been submitted to the Central Election Commission of the Russian Federation no changes shall be made in the composition of the lists and in the order of arrangement of candidates therein, save the changes due to withdrawal of candidates either on the basis of their personal applications, or in consequence of the candidates being recalled by the political party, electoral bloc, or because of the death of a candidate, or due to the circumstances indicated in Clause 9, Article 39 of this Federal Law, or in connection with the removal of a candidate from the list of candidates by a decision of the Central Election Commission of the Russian Federation.

11. The Central Election Commission of the Russian Federation shall forward copies of the certified list of candidates nominated by a political party, an electoral bloc in single-seat electoral districts (certified excerpts from this list) to relevant district election commissions not later than three days after the list was certified.

12. A candidate nominated by a political party, an electoral bloc in a single-seat electoral district and included in the list of candidates certified by the Central Election Commission of the Russian Federation shall submit to the district election commission his statement of consent to stand for election in the single-seat electoral district with an obligation, if elected, to discontinue the activities incompatible with the status of a deputy of the State Duma and other information about himself indicated in Sub-clause 1, Clause 4 of this article. A candidate may also submit to the district election commission a copy of the list of candidates nominated in single-seat electoral districts, certified by the Central Election Commission of the Russian Federation. The submission of these documents shall be regarded as a notice of nomination of the candidate in the single-seat electoral district.

13. Together with the statement of consent to stand for election a candidate shall submit to the district election commission the information about the size and sources of his income and the property owned and co-owned by him, bank deposits, securities. The information about the size and sources of income shall be submitted in the form of a copy of the tax declaration of the citizen who is a candidate for the year preceding the year in which the election was called (with a note of the tax authority at the place of submission). If, under Russian Federation laws, the citizen who is a candidate does not have to file a tax declaration, he shall submit certified information about his income (including the pension, benefits, other payments) for the year preceding the year in which the election was called from the legal entities and/or natural persons, which/who are tax agents under the federal law, from the organizations making such payments. The information about the property owned by the candidate and other information indicated in this clause shall be submitted in accordance with the form shown in Annex 4 to this Federal Law. If in the year preceding the year in which the election was called the candidate did not receive any income and/or does not own any property to be reported in accordance with this clause, this fact must be indicated in the candidate's statement of consent to stand for election.

14. If the district election commission has not yet been formed, the documents indicated in Clauses 12 and 13 of this article shall be submitted to the election commission of the Russian Federation subject which performs the functions of a district election commission and processes the submitted documents until the district election commission is formed. The election commission of the Russian Federation subject shall hand over these documents to the district election commission after its formation and appointment of its chairman.

15. The notice of the nomination of a candidate and the attached documents shall be accepted by the district election commission upon production of a document certifying the candidate's identity (if the notice is submitted by some other person — upon production of a notarized copy of the document certifying the candidate's identity). In the presence of the candidate the district election commission shall make a copy of the document certifying the candidate's identity and this copy shall be certified by the signature of the person who accepted the notice and shall be attached to the notice. The candidate (other person) shall also present documents which confirm the information contained in the candidate's statement of consent to stand for election: information about his education, main place of work or service and position (occupation), information that the candidate is a deputy.

16. A relevant election commission shall issue a written receipt confirming acceptance of the documents indicated in Clauses 12 and 13 of this article to the persons who submitted these documents. This written receipt shall be issued immediately upon submission of these documents.

17. The Central Election Commission of the Russian Federation shall make the certified federal lists of candidates and changes therein readily accessible (in the «read only» mode) to the users of the public information-telecommunication networks. District election commissions or the election commissions of Russian Federation subjects shall ensure access to the information about the candidates nominated in single-seat electoral districts and to the changes in this information.

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