Russia--2011 FDA Global Electoral Fairness Audit Report

2011 FDA Electoral Fairness Audit of
Russia’s Federal Electoral System

Executive Summary: Russia received a failing overall score of 35 percent for electoral
fairness. This score means that there are major deficiencies in most areas of Russia's
electoral legislation. In particular, the severe unfairness of Russia's electoral finance laws
canceled out many instances of electoral fairness in Russia's electoral legislation. Also,
Russia's 90 percent score for equality of political content could not overcome the
negative impact of Russia's electoral finance laws in all other areas of the FDA audit.

Electoral Fairness Audit Completed on July 6, 2011

About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and
transparent democratic processes wherever elections occur. The FDA believes that fairer
electoral systems and a more informed public will help ensure the election of candidates who
truly represent the will of the people. The FDA fulfills its mission by performing detailed
electoral audits on political candidates and parties to inform the public, objectively and
impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of
fairness and equity, and conducts ground level assessments of democratic processes. (For more
information on the FDA visit: www.democracychange.com)

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and
ranking for electoral fairness in Russia at the federal level of government. (This Audit is part of
the FDA’s global audit of electoral fairness involving all countries which hold political
elections.)

This non-partisan, independent determination aims to give the citizens of Russia an informed,
objective perspective of the fairness of the Russian federal electoral system.

The views in this electoral fairness audit are the views of the FDA only.

The FDA’s members and volunteers are in no way affiliated with the Russian Central Election
Commission or any of the Russian registered/non-registered political parties.

The Audit represents an independent assessment based on objectivity, transparency and non-
partisanship. The FDA assumes no responsibility or liability for any errors in the calculation of
its audit results or inaccuracies in its research of relevant Russian legislation.

Methodology of the Electoral Fairness Audit:

The FDA focuses on four key areas of electoral fairness:
1) Laws and regulations on the political content of media including newspapers, broadcasters and
online media before, during, and after elections;
2) Laws and regulations on the equality of candidates’ and parties’ influence before, during and
after elections, such as national televised debates, restrictions on candidate nominations, party
registration requirements, etc.;
3) Laws and regulations on electoral finance, such as party and campaign donation limits, third
party spending limits etc.; and
4) Laws and regulations on the equality of voter say before, during, and after an election. The
FDA looked at how Russian laws and regulations promote equality of voter say in the media, at
the polling booth, through electoral finance and constitutional laws etc.
The FDA decided to audit these four areas of electoral fairness because, in our opinion, they are
often ignored or overlooked by the international community in determining electoral fairness.

Foundation for Democratic Advancement

Moreover, these four areas cover broad aspects of the electoral process in which fairness could
be compromised significantly.

The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the
implementation of those laws and regulations or the public’s response to them. The
implementation and response could be positive or negative, in terms of electoral fairness.

Nevertheless, laws and regulations provide the framework for the electoral system and an
indication of electoral fairness.

A further study which tracks the actions of mainstream media and the enforcement or non-
enforcement of electoral laws and regulation, for example, would provide a more reliable overall
determination of electoral fairness.

The FDA researched current Russian legislation, in relation to four areas of electoral fairness
being examined. Following which, the FDA audited the research results via the FDA electoral
audit team and established FDA scoring scales for the four areas of electoral fairness being
audited.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and
relevancy.

Each area of electoral fairness has a score range between 0 and 10, and each area is counted
equally.

The total averaged score will provide an indication of the electoral fairness in Russia.

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and
then attempted to reach consensus on the final score. Where no consensus could be reached, the
individual scores of the team were averaged.

The final score for each area must be supported by more sound reasons and correspond to the
established FDA scoring scale.

FDA Researchers:
Mr. Stephen Garvey, FDA founder and executive director, bachelors degree in Political Science
(University of British Columbia), and masters degree in Environment and Development
(University of Cambridge).
Ms. Larisa Vortman, teaching diploma (University of Foreign Languages in Irkutsk, Russia
FDA), specialization French and English, FDA volunteer and researcher, and Russian citizen.


FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:
Mr. Stephen Garvey, FDA founder and executive director, bachelors degree in Political Science
(University of British Columbia), and masters degree in Environment and Development
(University of Cambridge).

Electoral Auditors:

Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA volunteer.
Mr. Daniel McDermott, FDA technical and marketing executive, researcher, and fourth year
Political Science major (University of Calgary).
Ms. Gillian Hunter, third year Law major (University of Edinburgh), FDA volunteer, and
Scottish citizen.
Mr. Davood Norooi, Masters degree in mining engineer (University of Tehran), former employee
of the National Iranian Oil Company, FDA volunteer, and Iranian citizen.
Mr. Geoff Thiessan, bachelor degree in English (University of Calgary), Surface Land
Administrator, former freelance reporter, and FDA volunteer.
Ms. Larisa Vortman, teaching diploma (University of Foreign Languages in Irkutsk, Russia
FDA), specialization French and English, FDA volunteer and researcher, and Russian citizen.

Editorial Advisors:

Mr. Dan McDunn, bachelor degree in English (University of Toronto) and FDA consultant.
Mr. Geoff Thiessan, bachelor degree in English (University of Calgary), Surface Land
Administrator, former freelance reporter, and FDA volunteer. (Mr. Thiessan assisted with editing
the draft of the Russian Report.)

Information Sources:

The following information was consulted and utilized in this audit report:

All-Russia Movement for Human Rights. (The FDA read their information on Russian elections:
http://www.rightsinrussia.info/institutions/human-rights-groups/in-their-own-words/movement-
for-human-rights-moscow )

Electoral Legislation and Process (Charts and Illustrations to the Contents of the Federal Law of
the Russian Federation “On the Basic Guarantees of Electoral Rights and the Rights of Citizens
to Participate in Referendum”) http://www.cikrf.ru/cikrf/eng/law/chart/

Federal Law «On the Election of the President of the Russian Federation»

Federation of European Employers, FedFF Review of Minimum Wages Rates—Russia (January
2011)


“Income inequality is becoming dangerous,” Published: 1 November, 2010, 05:35
Edited: 1 November, 2010, 12:06, Russia Today.

Russian Central Electoral Commission.

Russian Federation: Changes in Election Law Concern Broadcast MediaNatalie Boudarina,

Moscow Media Law and Policy Centre IRIS 2002-8:10/20

RUSSIAN FEDERATION FEDERAL LAW ON THE ELECTION OF THE PRESIDENT
OF THE RUSSIAN FEDERATION
as amended on July 24, 2007 Adopted by the State Duma on December 24, 2002,
Approved by the Federation Council on December 27, 2002

Federal Law No. No. 19-FZ of January 10, 2003
RUSSIAN FEDERATION FEDERAL LAW "ON BASIC GUARANTEES OF
ELECTORAL RIGHTS AND THE RIGHT OF CITIZENS OF THE RUSSIAN
FEDERATION TO PARTICIPATE IN A REFERENDUM"
(as amended on September 27, December 24, 2002; June 23, July 4, 2003)
Adopted by the State Duma on May 22, 2002;
Approved by the Federation Council on May 29, 2002

Federal Law No. 67-FZ of June 12, 2002
RUSSIAN FEDERATION FEDERAL LAW "ON POLITICAL PARTIES"
(as amended on April, 26, 2007)
Adopted by the State Duma on June 21, 2001;
Approved by the Federation Council on June 29, 2001

Federal Law No. 95-FZ, July 11, 2001

Russian Federation Federal Law, Federal Law "On Basic Guarantees of Electoral Rights and the

Right of Citizens of the Russian Federation to Participate in a Referendum" 2002
Russian Law of the Russian Federation "On Mass Media"
No. 2124-1 of December 27, 1991 as of December 8, 2003

Wikipedia, Elections in Russia

© 2011, Foundation for Democratic Advancement
All rights reserved.
728 Northmount Drive NW
PO Box 94
Calgary, Alberta
Canada, T2K 1P0
info@democracychange.com


Table of Contents:
Chapter 1: Political Content of Media 8

Executive Summary 8

Research Excerpts 8

Score 13

Rational 13

Chapter 2 Equality of Political Candidate and Party Influence 15

Executive Summary 15

Research Excerpts 15

Score 48

Rational 48

Chapter 3: Equality of Electoral Finance 50



Score 60

Rational 60

Chapter 4: Equality of Voter Say 61



Score 62

Rational 62

Chapter 5: Overall Audit Results 63

Chapter 6: Analysis 64

Chapter 7: Conclusion 66

Chapter 8: Recommendations 67

Appendix: FDA Global Audit Results 68

Chapter One: Political Content of Media
Chapter one will focus on the research and audit results of Russian laws and regulations with
respect to the political content of media, including newspapers, broadcasters and on-line media,
before, during and after elections.

Executive Summary:

Russia received an exceptional score of 90 percent for equality of political content of media and
broadcasters. Russia’s public media and broadcasters are required legally to be impartial and
provide equal and free opportunity for political candidates and parties, and the private media and
broadcasters are required legally to be near impartial. Also, the Russian public has the right of
reply in cases of negative media information, and the Russian internet has no legal restrictions on
its political content. The 90 percent score as opposed to a 100 percent reflects primarily the lack
of complete impartiality of the private media and broadcasters.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Public media and broadcasters must be impartial, and provide equal access and opportunity to all
registered political candidates and parties.

The act distinguishes between two kinds of information. The first one is election propaganda,
which can be disseminated only by candidates and parties. The second one is information on the
course of campaigns, which the mass media can disseminate.

The Act introduced a list of actions considered as election propaganda if carried out during a
campaign period. Among them are appeals to vote for or against a candidate or a party,
distribution of information with an obvious prevalence of information about a candidate, party,
election block in combination with any comments, expressions of preference concerning
somebody from among the candidates, parties, election blocks, description of the possible
consequences of the election of a candidate or party, etc.

Article 16.1. Suspension of the Activity of a Mass Medium for Breach of the Law of the Russian
Federation on Elections and Referenda.

If within the period of an election campaign or a referendum campaign after the entry into force
of a court decision on bringing the editor-in-chief or the editorial board of a radio or TV
program, of a periodical or of other organization engaged in the production of a mass medium
(hereinafter referred to as organization engaged in the production of a mass medium) to
administrative responsibility for violating the law of the Russian Federation on elections and
referenda, this editor-in-chief or this organization repeatedly violates the law of the Russian
Federation on elections and referenda, the Central Election Commission of the Russian

Foundation for Democratic Advancement Page | 8

Federation and, if the products of a mass medium are intended for dissemination on the territory
of a subject of the Russian Federation, likewise the election commission of the appropriate
subject of the Russian Federation, shall be entitled to address the federal executive body in
charge of registration of mass media with a proposal to suspend the activity of a mass medium
used for the purpose of committing said offences. Said federal executive body within a five-day
term from such an address, but at latest on the day, preceding the ballot day - while if such an
address takes place on the day preceding the ballot day and on the ballot day, then immediately -
shall verify with the participation of the interested parties the facts stated in the address and shall
file with a court of law an application for suspension of the activity of the mass medium used for
committing said violations or shall direct to the appropriate election commission a reasoned
refusal to file said an application with a court of law. A reasoned refusal to file an application
with court for suspension of the activity of a mass medium shall not impede taking other punitive
measures provided for by law of the Russian Federation, including a warning, against the
organization engaged in producing said mass medium.

The federal executive body in charge of registration of mass media shall not be entitled to refuse
to apply to a court of law on the basis of a proposal of the appropriate election commission to
suspend the functioning of a mass medium, if the editor-in-chief or the organization, engaged in
producing the mass medium, has committed in the course of one election campaign (referendum
campaign) more than two violations of the law of the Russian Federation on elections and
referenda that entailed imposition of an administrative penalty on the basis of court decisions,
that came into effect.

The applications to suspend the activity of a mass medium, referred to in this Article, shall be
considered by a court of law in the procedure and within the terms established for the
proceedings concerning the cases on the protection of the electoral rights and the right to
participate in a referendum of the citizens of the Russian Federation.

The activity of a mass medium shall be suspended by a court of law, for the reasons provided for
by this Article, until the time when the poll at the elections or at a referendum is over, or the
time, when a recurring poll is over, if a recurring poll is held.

For the purposes of this Article, as a breach by the editor-in-chief or by the organization, engaged
in the production of a mass media, of the law of the Russian Federation on elections and
referenda shall be understood the violation by this editor-in-chief or by this organization of the
procedure, established by these law for informing voters and referendum participants or for
waging an election campaign or a referendum campaign, which are punished by the law on
administrative offences.

For the purposes of this Article, there shall not be deemed as a breach of the law of the Russian
Federation on elections and referenda the dissemination by a mass medium of materials and
reports for whose contents the editor-in-chief or the organization, engaged in producing the mass
medium, bear no responsibility according to the legislation of the Russian Federation on the
mass media.


Article 16.1. was added by Federal Law No. 94-FZ of July 4, 2003.

Article 1. Freedom of Mass Communication.

In the Russian Federation, the retrieval, receipt, production and dissemination of mass
communication, the foundation of mass media, the possession, use and disposal of these media,
the manufacture, acquisition, storage and use of technical facilities and equipment, raw and
auxiliary materials designed for the production and spread of products of mass information
media; shall not be liable to restrictions, with the exception of those prescribed by the legislation
of the Russian Federation on mass media.

Article 3. Inadmissibility of Censorship.

No provision shall be made for the censorship of mass information, that is, the demand made by
officials, state organs, organization, institutions or public associations that the editor’s office of a
mass medium shall get in advance agreement on a message and materials (except for the cases
when the official is an auditor or interviewee) and also for the suppression of the dissemination
of messages and materials and separate parts thereof.

No provision shall be made for the creation and financing of organizations, institutions, organs or
offices whose functions include the censorship of mass information.

Article 4. Inadmissibility of Misuse of the Freedom of Mass Communication.

No provision shall be made for the use of mass media for purposes of committing criminally
indictable deeds, divulging information making up a state secret or any other law-protective
secret, the performance of extremist activities, and also for the spreading of broadcasts
propagandizing pornography or the cult of violence and cruelty.

It shall be prohibited to use-in the television, video and cinema programs, in documentary and
feature films, and also in information computer files and in the programs of the processing of
information texts belonging to special mass information media concealed in-sets influencing the
subconscious of human beings and/or affecting their health.

It shall be prohibited to disseminate in mass media, as well as in via computer networks
information on the means, methods of development, production and use, places of trade of
narcotics, psychotropic substances and their precursors, propagating of any advantages of use of
separate narcotics, psychotropic substances, their analogues and precursors with the exception of
advertising of narcotic means and psychotropic substances, included in lists II and III in
accordance with the Federal Law “On Narcotic Means and Psychotropic Substances”, - in mass
media, targeted for the medical and pharmaceutical workers, as well as any other information,
dissemination of which is prohibited by federal laws.

Article 4 of the present Law was changed by Federal Law No. 114-FZ of July 19, 1995.
The third paragraph was added by Federal Law No. 90-FZ of June 20, 2000. The first
paragraph was changed by Federal Law No. 112-FZ of July 2002.


Media

The election legislation includes detailed provisions governing the conduct of electronic and
print media during the campaign, inter alia providing for free and paid broadcast time and print
space to all political parties registered in the elections on equal conditions for campaign purposes
and obligations of state-controlled and private media. The law also requires equal media access
for all parties, and that news items on election events must be separate from editorial
commentary.

2. Informational materials carried by the mass media or disseminated by other methods
shall be objective and accurate and shall not violate the equality of the candidates.

5. In TV and radio news programs and in the publications carried by the print media reports
concerning election campaigning events organized by candidates, their agents, political parties,
groups of voters shall be presented exclusively in the form of separate news items, without any
comments. Such news items shall not be paid for by candidates, their agents and authorized
representatives for financial matters, by political parties, groups of voters. They shall not give
preference to any candidate and shall not discriminate against (infringe the rights of) any
candidate, in particular with regard to the length of time devoted to the coverage of his election
campaigning or amount of space allocated to such reports in the print media.
(as amended by Federal Law No. 93-FZ of July 21, 2005)

6. Journalists, other creative workers and officials of a mass media organization who engaged in
the activity aimed at the informational support of the election of the President of the Russian
Federation in accordance with the legislation on the election of the President of the Russian
Federation may not be fired by the employer and may not be transferred without their consent to
other jobs during the election campaign in the election of the President of the Russian Federation
and for one year after the end of this election campaign, save the case where a disciplinary action
was taken against them in accordance with the labor legislation of the Russian Federation and
this action was not appealed to a court or was declared lawful and appropriate by a court.

6. The print media outlets founded by the legislative (representative), executive and judicial
bodies of state power, bodies of local self-government exclusively for the publication of their
official materials and reports, regulations and other acts shall not publish any election
propaganda materials or editorial articles covering the activity of candidates, political parties
which nominated candidates and groups of voters.

During the 2000 presidential elections four presidential candidates made serious accusations
against Grigoriy Yavlinskiy to the effect that his extensive newspaper and television coverage
exceeded the first- round limit of RUR 26 million (ca. USD 670.000).

In Russian presidential elections the election law gives each candidate 80 minutes of free air
time on work days on television and radio. This saves each candidate ca. RUR 10 million in
campaign funds. [Very significant free airtime as compared, for example, to Canada, where only


two minutes are free airtime are guaranteed, and dominant parties get significantly more paid
airtime—though with limits—a maximum of 95.5 minutes to the Conservative Party in 2008 and
9 minutes, for instance, to the Canadian Action Party. So 80 minutes of Russian free and equal
airtime is significant.)

The total weekly minimum amount of space which the editorial office of each national
state-run periodical is to provide to registered candidates free of charge must be not less
than 5 percent of the total weekly volume of the given publication in the period established
for election campaigning in such mass media. [Leaves 95% up to the state-run periodical]

The editorial office of the periodical must declare the total amount of space to be provided for
election campaigning purposes in this periodical free of charge not later than 20 days after
official publication of the decision to call (hold) the election.

Registered candidates have full discretion to determine the manner in which they will use the
space provided to them in periodicals free of charge (Clause 2, Article 44 of the Federal Law
«On the Election of the President of the Russian Federation»).

The total length of paid air time so reserved must not be less than the total length of free
air-time but must not exceed this air-time more than twice.
[Potential of 240 minutes of total airtime: 4 hours divided by 2 minute segments: 120 television
segments.]

4. Election campaigning shall not be conducted and no election propaganda materials shall be
produced and distributed by:

1) federal bodies of state power, bodies of state power of the subjects of the Russian Federation,
other state bodies, bodies of local self-government;
2) persons occupying state offices or municipal elective offices, state or municipal civil servants,
persons who are members of the 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, when such persons are discharging their official duties and/or when they take advantage
of their office and official position to conduct election campaigning;
(Sub–Clause 2 as amended by Federal Law No. 93-FZ of July 21, 2005)
3) military units, military establishments and organizations;
4) charitable and religious organizations and organizations founded by them as well as members
of and participants in religious associations when they are performing rites and ceremonies;
5) election commissions, voting members of election commissions;
6) foreign nationals, stateless persons, foreign organizations;
6.1) international organizations and international public movements;
(Sub–Clause 6.1 was added by Federal Law No. 93-FZ of July 21, 2005)
7) members of the press when they are engaged in their professional activities;


8) persons in respect of whom it was established by a court decision that they violated the
restrictions imposed by Clause 1, Article 56 of the Federal Law “On Basic Guarantees of
Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a
Referendum” during the election campaign in the election of the President of the Russian
Federation.
(Sub–Clause 8 was added by Federal Law No. 64-FZ of April 26, 2007)

5. Persons who occupy state offices or municipal elective offices shall be prohibited from
conducting election campaigning on the channels of the TV and radio broadcasting organizations
and in the print media unless these persons are registered as candidates, authorized
representatives of political parties which nominated registered candidates.

6. It shall be prohibited to involve persons, who have not attained to the age of 18 years as of
voting day, in election campaigning, in particular to use pictures and statements of such persons
in election propaganda materials except as otherwise provided by Sub–Clause 5, Clause 7 of this
article. (as amended by Federal Law No. 93-FZ of July 21, 2005)

Electoral Fairness Audit Results for Media and Broadcasters:

Score:

The FDA electoral fairness audit team reached consensus on a score of 9/10

Rational for Score:

Russian private media and broadcasters are not permitted to produce and disseminate election
propaganda. However, media and broadcasters can disseminate election propaganda of political
candidates and parties for 28 days prior to an election.

Russian private media and broadcasters can disseminate information on the course of an election,
which may take the form of propaganda material.

Members of the Russian media are not permitted to produce and disseminate their own election
propaganda during their professional duties.

Russian public media and broadcasters must be impartial and provide equal access and
opportunity to political candidates and parties.

Russian public and private media and broadcasters must provide equal and free opportunity for
print time and/or air time for political candidates and parties to rebuttal any negative criticism
directed at them.

Political candidates and parties are given an opportunity to review election propaganda
advertisements prior to them being on TV, radio, and/or printed.


Media and broadcast companies with senior members who are affiliated with a political party
cannot be involved in the dissemination of election propaganda.

The score of 90 percent reflects the impartiality of the public Russian media and broadcasters,
the near impartiality of the private Russian media and broadcasters, and the ability of candidates
and parties to respond media criticism. The score would have been higher, if the private media
and broadcasters were required to be impartial as is the case in Venezuela and Lebanon.


Chapter Two: Candidates’ and Parties’ Influence
Chapter two will focus on the research and audit results of Russian laws and regulations with
respect to the equality of candidates and parties’ influence before, during and after elections.

Executive Summary:

Russia received a failing score of 20 percent for the equality of candidate and party influence.
The failing score is based on severe inequality in electoral finance laws which favor significantly
wealthy citizens, legal entities, candidates, and parties. Though there are many areas of electoral
fairness in Russian electoral legislation, such as lot drawing, free air time, free print space, and
impartial public media, the elements of fairness are canceled out by the unfairness of the
electoral finance laws. For example, free air time is linked to paid air time, and thereby favors
wealthy candidates and parties, and state electoral subsidies for candidates and parties favor
dominant candidates and parties.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Election propaganda on TV broadcasting channels begins 30 days prior to voting day.

2. The election campaigning may be conducted:
1) on the channels of the TV and radio broadcasting organizations and in the print media;
2) by means of public campaigning events;
3) by producing and distributing printed, audio-visual and other election propaganda materials;
4) by other means which are not prohibited by law.

3. Election campaigning on the channels of the TV and radio broadcasting organizations and in
the print media shall be conducted in the form of public debates, discussions, roundtables, press
conferences, interviews, speeches, demonstration of TV stories and video films about registered
candidates and in other forms which are not prohibited by law. A candidate, political party may
determine by themselves the contents, form and methods of their election campaigning conduct
the election campaigning by themselves and involve other persons in the election campaigning in
accordance with the procedure established by the Russian Federation laws.

4. Election campaigning shall not be conducted and no election propaganda materials shall be
produced and distributed by:
1) federal bodies of state power, bodies of state power of the subjects of the Russian Federation,
other state bodies, bodies of local self-government;
2) persons occupying state offices or municipal elective offices, state or municipal civil servants,
persons who are members of the 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, when such persons are discharging their official duties and/or when they take advantage
of their office and official position to conduct election campaigning;
3) military units, military establishments and organizations;
4) charitable and religious organizations and organizations founded by them as well as members
of and participants in religious associations when they are performing rites and ceremonies;
5) election commissions, voting members of election commissions;
6) foreign nationals, stateless persons, foreign organizations;
6.1) international organizations and international public movements;
(Sub–Clause 6.1 was added by Federal Law No. 93-FZ of July 21, 2005)
7) members of the press when they are engaged in their professional activities;
8) persons in respect of whom it was established by a court decision that they violated the
restrictions imposed by Clause 1, Article 56 of the Federal Law “On Basic Guarantees of
Referendum” during the election campaign in the election of the President of the Russian
Federation.
(Sub–Clause 8 was added by Federal Law No. 64-FZ of April 26, 2007)

5. Persons who occupy state offices or municipal elective offices shall be prohibited from
conducting election campaigning on the channels of the TV and radio broadcasting organizations
and in the print media unless these persons are registered as candidates, authorized
representatives of political parties which nominated registered candidates.

6. It shall be prohibited to involve persons, who have not attained to the age of 18 years as of
voting day, in election campaigning, in particular to use pictures and statements of such persons
in election propaganda materials except as otherwise provided by Sub–Clause 5, Clause 7 of this
article.

3. Eligible for election to the office of President of the Russian Federation shall be a citizen of
the Russian Federation who is not younger than 35 years of age and has permanently resided in
the Russian Federation for not less than 10 years

4. A citizen of the Russian Federation who resides or stays outside the territory of the Russian
Federation during the preparation and conduct of the election of the President of the Russian
Federation shall have the same rights in the election of the President of the Russian Federation as
other citizens of the Russian Federation.


Right to Nominate Candidates for the Office of President of the Russian Federation

1. Candidates for the office of President of the Russian Federation (hereafter "candidates") may
be nominated by voters, political parties entitled by Federal Law No. 95-FZ of July 11, 2001 "On
Political Parties" (hereafter "Federal Law 'On Political Parties'") to participate in elections and
nominate candidates (hereafter "political parties"), by electoral blocs or by way of self-
nomination. A citizen of the Russian Federation may nominate himself as a candidate if his self-
nomination is supported by a group of voters.

In Russian presidential elections the election law gives each candidate 80 minutes of free air
time on work days on television and radio. This saves each candidate ca. RUR 10 million in
campaign funds. [Very significant free airtime as compared, for example, to Canada, where only
two minutes are free airtime are guaranteed, and dominant parties get significantly more paid
airtime—though with limits—a maximum of 95.5 minutes to the Conservative Party in 2008 and
9 minutes, for instance, to the Canadian Action Party. So 80 minutes of Russian free and equal
airtime is significant.]

A registered candidate can choose the form of the election campaign, but half of the free air time
must be given to televised debates between contenders. The campaign is also broadcast by
regional television. Moreover, candidates can also buy time on both private and state- owned
television channels. . Any expenses incurred by TV and radio broadcasting companies in the
provision of free air-time to registered candidates are covered from the current budgetary funding
of the relevant broadcasting organization.

The total length of paid air time so reserved must not be less than the total length of free
air-time but must not exceed this air-time more than twice.
[Potential of 240 minutes of total airtime: 4 hours divided by 2 minute segments: 120 television
segments.]

[*Free airtime linked to the ability to match with paid airtime.]
Each registered candidate is entitled, for a charge, to use the reserved air time within its share
given by the division of the total length of reserved air time by the total number of registered
candidates (Clauses 12, 13, Article 49 of the Federal Law «On the Election of the President of
the Russian Federation»). Therefore, all registered candidates are entitled to equal shares of
the reserved paid air-time. It should be noted that the law does not require paid air-time
(unlike free air-time) to be provided only in the prime hours. [paid airtime, unlike free
airtime, does not have to be in the prime time.]

Enforcement of airtime laws:

The information concerning the rates and terms of payment for air-time must be published by the
TV and radio broadcasting company not later than 30 days or 22 days (in the event of early
election) after the day of official publication of the decision to call (hold) the election of the
President of the Russian Federation. This information along with the notice of readiness to
provide air-time to registered candidates is submitted by the national TV and radio broadcasting
companies to the Central Election Commission of the Russian Federation and by the regional and


municipal TV and radio companies to the election commission of the Subject of the Russian
Federation.

In the election of the President of the Russian Federation registered candidates are entitled
to free space in the national state-run periodicals which come out at least once a week, the
said space to be provided to them on equal terms and conditions (size of the space to be
provided, place on the page, type, etc.) (Clause 1, Article 50 of the Federal Law «On the Election
of the President of the Russian Federation»).

The total weekly minimum amount of space which the editorial office of each national state-run
periodical is to provide to registered candidates free of charge must be not less than 5 percent of
the total weekly volume of the given publication in the period established for election
campaigning in such mass media. The editorial office of the periodical must declare the total
amount of space to be provided for election campaigning purposes in this periodical free of
charge not later than 20 days after official publication of the decision to call (hold) the election.
Registered candidates have full discretion to determine the manner in which they will use the
space provided to them in periodicals free of charge (Clause 2, Article 44 of the Federal Law
«On the Election of the President of the Russian Federation»).

Political Money and Corruption

In November 1995 the General Prosecutor’s Office of the Russian Federation investigated the
transfer, sanctioned by the prime minister, of USD 10 million and RUR 75 billion (ca. USD 16,7
million) to Russian public television (ORT). It appears that the Russian Government paid with
state budget money for the governing bloc’s campaign advertisement. Moreover, in the 1996
presidential elections prominent enterprises which had not sponsored Yeltsin’s campaign
sufficiently were declared bankrupt and insolvency procedures were initiated against them. At
the same time presidential supporters were forgiven for tax evasion.

After the 2000 presidential elections in Russia, Boris Berezovsky accused President Putin of
using profits from the Swiss-based firms Andava and Focus Service, both working with Aeroflot,
to finance the pro-Kremlin Unity (Yedinstvo) party and the presidential campaign. Moreover,
Berezovsky acknowledged that he had transferred cash from Aeroflot to “fund the presidential
campaign”

Political parties participation in federal elections
(Extract from Federal Law No. 95-FZ of July 11, 2001 "On Political Parties")

A political party is a public association created for enabling citizens of the Russian Federation
to participate in the political life of society by shaping and expressing their political will, to
participate in public and political events, in elections, referenda and also for representing the
interests of citizens in the bodies of state power and bodies of local self-government.


A political party shall meet the following requirements:
• a political party shall have regional branches in more than a half of the subjects of the
Russian Federation; only one regional branch of the given political party may be created
in any one subject of the Russian Federation
• a political party shall have not less than fifty thousand party members and regional
branches, each with not less than five hundred party members, in more than a half of the
subjects of the Russian Federation. Each one of the other regional branches shall have not
less than two hundred and fifty members of the political party. A citizen of the Russian
Federation may be a member of only one political party. A member of a political party
may be registered with only one regional branch of the given political party at the place
where he or she resides permanently or most of the time;
• the leading and other bodies of a political party, its regional branches and other structural
subdivisions shall be located in the territory of the Russian Federation.

• 2. When publishing (making public) the results of opinion polls related to the
election of the President of the Russian Federation the mass media, citizens and
organizations announcing such results shall indicate the organization which
conducted the poll, the time when it was conducted, the number of respondents
(sample size), how the information was gathered, the region where the poll was
conducted, the precise wording of the question, the statistical assessment of a
possible error and the person (persons) who ordered the poll and paid for the
publication of its results.

• 3. For five days before voting day and on voting day it shall be prohibited to
publish (make public) the results of opinion polls, forecasts of the outcome of the
election or other studies related to the given election of the President of the
Russian Federation, in particular in the public information-telecommunications
networks (including the Internet).

• 8. Election campaigning expenditures shall be paid exclusively from the electoral
funds of registered candidates, save the cases where free air time and free print
space is provided to registered candidate and to political parties in accordance
with the procedure set forth in Articles 51 – 53 of this Federal Law. Payment of
expenditures incidental to election campaigning in favor any candidate from the
electoral funds of other candidates shall be prohibited.
• (as amended by Federal Law No. 93-FZ of July 21, 2005)

9. Not later than 20 days before voting day, a political party which nominated a candidate
registered by the Central Election Commission of the Russian Federation shall publish its
election program in at least one national state print media outlet, post it on the Internet and
within the same period shall submit a copy of the said publication to the Central Election
Commission of the Russian Federation, indicating the URL of the web site on which the election
program of this political party is posted. Publication of such election program shall be carried out


with the use of the free print space provided to the political party or such publication shall be
paid for from the electoral fund of the candidate.
(as amended by Federal Laws No. 93-FZ of July 21, 2005), No. 64-FZ of April 26, 2007)

Article 50. Campaigning Period

1. Election campaigning shall commence from the day of nomination of a candidate and end at
00:00 hours local time one day before voting day.

2. Election campaigning on the channels of the TV and radio broadcasting organizations and in
the print media shall be conducted in the period which begins 28 days before voting day and
ends at 00:00 hours local time one day before voting day. In the event of a repeat vote election
campaigning shall be conducted within the period indicated in Clause 5 of this article.

3. Any election campaigning shall be prohibited on voting day and a day before.

4. Printed propaganda materials (leaflets, posters, etc.), which were earlier displayed outside the
premises of election commissions and polling stations at a minimum distance of 50 meters from
the entrance thereto in accordance with the procedure established by the federal law, shall remain
in place on voting day.
(Clause 4 as amended by Federal Law No. 93-FZ of July 21, 2005)

Article 51. General Terms and Conditions for Election Campaigning on the Channels of TV and
Radio Broadcasting Organizations and in Print Media

1. Air time on the channels of the TV and radio broadcasting organizations and space in the print
media may be made available to registered candidates in accordance with the procedure
established by this article, Articles 52 and 53 of this Federal Law, free of charge (free air time,
free print space) or for a charge.

2. Free air time and free print space shall be also provided to political parties which nominated
registered candidates in accordance with the procedure established by this Federal Law.

2.1 Free air time, free print space shall not be provided:

1) to political parties which nominated registered candidates which are in arrears to the state TV
and radio broadcasting organizations and state print media as of the day of the official
publication of the decision to call the election of the President of the Russian Federation, in
connection with the provision of free air time, free print space to these political parties (election
blocs comprising these parties) during the earlier election of deputies of the State Duma of the
Federal Assembly of the Russian Federation or the earlier election of the President of the Russian
Federation;


2. to political parties which nominated registered candidates if they are legal successors of
political parties or other public associations which were in arrears to the state TV and radio
broadcasting organizations and state print media in connection with the provision of free air time,
free print space to these political parties or public associations (election blocs which comprised
them) during the earlier election of deputies of the State Duma of the Federal Assembly of the
Russian Federation or the earlier election of the President of the Russian Federation and which
failed to repay their debt in full as of the day of the official publication of the decision to call the
election of the President of the Russian Federation;

3) registered candidates nominated by the political parties referred to in Sub–Clauses 1 and 2 of
this clause.
(Clause 2.1 was added by Federal Law No. 93-FZ of July 21, 2005)

3. Registered candidates, political parties which nominated registered candidates shall not use
free air time, free print space for election campaigning in favor of other registered candidates.

4. In the event of a repeat (runoff) vote air time, print space shall be provided to the two
registered candidates on whom the repeat vote is to be conducted.

5. The state and municipal TV and radio broadcasting organizations and the state and municipal
print media shall ensure equal terms and conditions of election campaigning for registered
candidate, political parties which nominated registered candidates, in particular for the
presentation of their election programs to voters.

7. The non-state TV and radio broadcasting organizations and the non-state print media
registered not less than one year before the day of the official publication of the decision to call
the election of the President of the Russian Federation and the non-state print media founded by
political parties (or their structural divisions) and registered less than one year before the day of
the official publication of the decision to call the election of the President of the Russian
Federation may provide paid air time and paid print space to registered candidates and political
parties which nominated registered candidate if such organizations and print media comply with
the requirements set forth in Clauses 8 and 9 of this article. Other non-state TV and radio
broadcasting organizations and non-state print media shall not provide air time, print space to
registered candidate, political parties which nominated registered candidates.

8. The terms of payment for the provision of air time, print space shall be the same for all
registered candidates to whom air time and print space were provided. This requirement shall not
apply to the print media founded by candidates, political parties which nominated candidates. In
this Federal Law the "print media founded by candidates” means print media founded not less
than one year before the commencement of the election campaign by a citizen (citizens) of the
Russian Federation who participates (participate) in the election of the President of the Russian
Federation as a candidate (candidates)..


9. Information about the rates charged (in the Russian Federation currency) for air time, print
space and other terms of payment shall be announced by the TV and radio broadcasting
organizations, the print media not later than 30 days after the day of the official publication of
the decision to call the election of the President of the Russian Federation. Within this period this
information and a notice of readiness to provide air time, print space to registered candidates
shall be submitted to:
the Central Election Commission of the Russian Federation – by the national TV and radio
broadcasting organizations and the national print media;
the election commissions of the subjects of the Russian Federation – by the regional and
municipal TV and radio broadcasting organizations and the regional and municipal print media.

10. Non-state and municipal TV and radio broadcasting organizations and print media,
specialized TV and radio broadcasting organizations and print media and state print media which
are published less than once a week may refuse to provide air time, print space for election
campaigning. Such refusal shall be expressed in the form of non-submission of the notice
mentioned in Clause 9 of this article to the relevant election commission within the period
established by this clause.

11. The TV and radio broadcasting organizations and the print media (regardless of the form of
ownership) which provided air time, print space to registered candidates, political parties which
nominated registered candidates shall keep separate records of their amount and cost in
accordance with the forms and procedures of such record–keeping established by the Central
Election Commission of the Russian Federation. Within 10 days after voting date, the data thus
recorded shall be submitted to:
the Central Election Commission of the Russian Federation – by the national TV and radio
broadcasting organizations and the national print media; the election commissions of the
subjects of the Russian Federation – by the regional and municipal TV and radio broadcasting
organizations and regional and municipal print media.

14. The mass media organizations shall keep the documents relating to provision of free and paid
air time and print space, mentioned in Clauses 11 – 13 of this article, for not less than three years
after voting day.

Article 52. Terms and Conditions for Election Campaigning on Television and Radio

1. Registered candidates, save the candidates mentioned in Clause 2.1, Article 51 of this Federal
Law, shall be entitled to free air time on the channels of the state TV and radio broadcasting
organizations, which is to be provided to them on equal terms and conditions (length of the
provided air time, airing time, etc.). Political parties which nominated registered candidates, with
the exception of the political parties mentioned in Clause 2.1, Article 51 of this Federal Law,
shall be entitled to free air time on the channels of the state TV and radio broadcasting
organizations which is to be provided to them on equal terms and conditions.


3. The total amount of free air time which each national state TV and radio broadcasting
organization allocates on each of its channels for election campaigning shall be not less than one
hour on business days within the period established by Clauses 2 and 5, Article 50 if this Federal
Law. The total amount of free air time which each regional state TV and radio organization
allocates on each of its channels for election campaigning shall be not less than 30 minutes on
business days within the period established by Clauses 2 and 5, Article 50 of this Federal Law
and, if the total broadcasting time of this organization is less than two hours a day – not less than
one–fourth of the total broadcasting time. If, as a result of provision of free air time, each
registered candidate, each political party which nominated a registered candidate is to receive
more than 60 minutes of free air time, the total amount of free air time which each TV and radio
broadcasting organization is to make available for election campaigning shall be reduced to 60
minutes multiplied by the number of registered candidate, political parties which nominated
registered candidates.

4. Free air time shall be provided within broadcasting periods viewed or listened to by the
greatest number of persons, as determined by the given TV and radio broadcasting organization.

5. One third of the total amount of free air time provided by the state TV and broadcasting
organizations, with the exception of free air time made available in the event of a repeat vote,
shall be allocated for election campaigning to political parties which nominated registered
candidates. These political parties shall choose the form of election campaigning at their
discretion and may, by mutual agreement or at the suggestion of the TV and radio broadcasting
organizations, conduct joint campaigning events or make the air time allocated to them available
to the registered candidates which they nominated.

7. Registered candidates may participate in joint campaigning events on the channels of the
national state TV and radio broadcasting organizations only in person. Representatives of
registered candidates shall not be allowed to participate in joint campaigning events, save as
otherwise provided by Clause 8 of this article.
For the refusal to accept for consideration the complaint challenging the constitutionality of
Clause 8 of Article 52 see Ruling of the Constitutional Court of the Russian Federation No. 299–
O of September 30, 2004.

8. If, owing to compelling circumstances (illness, performance of official duties), a registered
candidate cannot take part in a joint campaigning event on the channel of the national state TV
and radio broadcasting organization, his agent may participate in the joint campaigning event
instead of him.

9. The agent of a registered candidate may participate instead of the registered candidate in joint
campaigning events held on the channels of regional state TV and radio broadcasting
organizations.

10. The registered candidate may refuse to take part in a joint campaigning event not later than
five days before the program is to be aired and if the program is scheduled to be aired less than
five days after lot–drawing – on the day of lot–drawing.


(as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 64–FZ of April 26, 2007)

11. In the cases provided for in Clauses 7 and 10 of this article, the amount of air time allocated
for a joint campaigning event shall not be reduced even if only one participant is able to
participate in the event. Non–participation of any registered candidate in a joint campaigning
event shall not result in an increase in the amount of free air time allocated to this candidate in
accordance with Clause 12 of this article.

12. The remaining part of the total amount of free air time (if any) shall be distributed not later
than 32 days before voting day between registered candidates, save the registered candidates
mentioned in Clause 2.1, Article 51 of this Federal Law and the registered candidates who
refused to use free air time, on the equal terms and conditions (length of air time, airing time,
etc.). The free air time provided in accordance with Clause 5 of this article shall be distributed
between political parties which nominated registered candidates and applied for participation in
lot–drawing to be conducted in accordance with Clause 2.1, Article 51 of this Federal Law, save
the political parties mentioned in Clause 2.1, Article 51 of this Federal Law.

13. Lot–drawing to determine the dates and time when election propaganda materials of
registered candidate and political parties, joint campaigning events are to be aired free of
charge on the channels of the national state TV and radio broadcasting organizations shall
be conducted by the Central Election Commission of the Russian Federation with the
participation of TV and radio broadcasting organizations. Lot–drawing to determine the
dates and time when propaganda materials of registered candidate and political parties,
joint campaigning events are to aired free of charge on the channels of the regional state
TV and radio broadcasting organizations shall be conducted by the election commissions of
the subjects of the Russian Federation with the participation of TV and radio broadcasting
organizations. Lot–drawing shall be conducted after the registration of candidates is
completed but not later than 30 days before voting day, or, in the event of a repeat vote, not
later than one day from the day on which a repeat vote is announced. The lot-drawing
procedure may be witnessed by persons mentioned in Clause 1, Article 23 of this Federal
Law. The results of lot-drawing shall be recorded in a protocol. The air time distribution
schedule determined on the basis of lot-drawing results shall be published in the national
and regional state print media.
(as amended by Federal Laws No. 93-FZ of July 21, 2005, No. 64–FZ of April 26, 2007)

14. The state TV and radio broadcasting organizations shall reserve air time to be used by
registered candidates for election campaigning on a paid basis. The rates and the terms of
payment shall be the same for all registered candidates. The total amount of paid air time to be
reserved by each TV and radio broadcasting organization shall not be less than the total amount
of free air time but shall not exceed this amount by more than two times.

15. A registered candidate shall be entitled, for a charge, to receive reserved air time within the
limits of its part to be found by dividing the total amount of the reserved air time by the total
number of the registered candidates.


16. The dates and time when joint campaigning events and/or election propaganda materials of
registered candidates are to be aired on a paid basis shall be determined by means of lot-drawing
to be organized by the state TV and radio broadcasting organizations with the participation of
interested persons on the basis of written applications for participation in the lot-drawing from
registered candidates. The lot-drawing shall be conducted within the period established by
Clause 13 of this article. The lot-drawing procedure may be witnessed by members of the Central
Election Commission of the Russian Federation, members of the election commission of a
subject of the Russian Federation and the persons mentioned in Clause 1, Article 23 of this
Federal Law.
(as amended by Federal Law No. 64–FZ of April 26, 2007)

24. Transmission of election propaganda materials and joint campaigning events on the channels
of TV and radio broadcasting organizations shall not be interrupted, in particular by commercials
advertising goods and services.
(Clause 24 as amended by Federal Law No. 64–FZ of April 26, 2007)

25. Transmission of election propaganda materials and joint campaigning events on the channels
of TV and radio broadcasting organizations shall not be interrupted for transmission of other TV
and radio programs, other election propaganda materials.
(Clause 25 as amended by Federal Law No. 64-FZ of April 26, 2007)
Article 53. Terms and Conditions for Election Campaigning Through Print Media

1. Registered candidates, with the exception of the candidates mentioned in Clause 2.1, Article
51 of this Federal Law, shall be entitled to free space in the national state print media which are
published at least once a week, on the following terms and conditions: equal amount of provided
print space; the same place on the page; the same type size; and other terms and conditions.
Political parties which nominated registered candidates, with the exception of the political parties
mentioned in Clause 2.1 Article 51 of this Federal Law, shall be entitled to free print space in the
national state print media published at least once a week, on equal terms and conditions.

3. The total minimum weekly amount of free print space which each national state print media
outlet is to provide to registered candidates, political parties which nominated registered
candidates shall be not less than 5 percent of the total weekly print space of the given
publication. The information about the total amount of free print space to be made available by a
print media outlet for election campaigning in the aforementioned period shall be announced by
the print media outlet not later than 20 days after the official publication of the decision to call
the election of the President of the Russian Federation.

4. One half of the total amount of free print space declared by a national state print media outlet
shall be distributed in accordance with the results of lot-drawing mentioned in Clause 6 of this
article in equal parts between all registered candidates, with the exception of the registered
candidates mentioned in Clause 2.1, Article 51 of this Federal Law.

6. Lot-drawing to determine the dates for free publication of election propaganda materials of
registered candidates, political parties which nominated registered candidates shall be organized


by the national state print media with the participation of interested persons after completion of
the registration of candidates but not later than 30 days before voting day. The lot-drawing
procedure may be witnessed by members of the Central Election Commission of the Russian
Federation and the persons mentioned in Clause 1, Article 23 of this Federal Law. The results of
lot-drawing shall be recorded in a protocol.

7. National and regional state print media which are published at least once a week shall reserve
space for publication of election propaganda materials of registered candidates on a paid basis in
the period established, respectively, by Clauses 2 and 5, Article 50 of this Federal Law. The rates
and the terms of payment shall be the same for all registered candidates. The total amount of paid
space to be reserved by each national print media outlet shall not be less than the total amount of
free space to be made available in accordance with Clause 3 of this article but shall not exceed
this amount by more than two times. The total minimum weekly space to be reserved by each
regional state print media outlet shall be not less than 5 percent of the total weekly space of the
given print media outlet in the period established, respectively, by Clauses 2 and 5, Article 50 of
this Federal Law.

8. Each registered candidate shall be entitled, for a charge, to use the reserved print space within
its share determined by dividing the total amount of reserved print space by the total number of

9. The dates when election propaganda materials are to be published shall be determined by
means of lot-drawing organized by the print media outlet with the participation of interested
persons on the basis of written applications for participation in the lot-drawing from registered
candidates. Lot-drawing shall be conducted within the period established by Clause 6 of this
article. The lot-drawing procedure may be witnessed by members of the Central Election
Commission of the Russian Federation, members of the election commission of a subject of the
Russian Federation and the persons mentioned in Clause 1, Article 23 of this Federal Law. The
results of lot-drawing shall be recorded in a protocol.

10. Municipal print media as well as state print media published less frequently than once a
week, which complied with the provisions of Clause 9, Article 51 of this Federal Law, shall
provide print space to registered candidates for a charge. The rates and the terms of payment
shall be the same for all registered candidates. The total amount of print space to be provided to
registered candidates in the said print media shall be determined by these print media at their
own discretion. The date of publication of election propaganda materials of each registered
candidate shall be determined by means of lot-drawing to be organized by the said print media
with the participation of interested persons on the basis of written applications for participation
in the lot-drawing from registered candidates. Lot-drawing shall be conducted within the period
established by Clause 6 of this article.

11. If a registered candidate, a political party which nominated a registered candidate refuses to
use print space after the lot-drawing, they shall inform the given print media outlet to this effect
not later than five days before the date when the election propaganda material is to be published,
and the print media outlet may use the released print space at its discretion.


12. Non-state print media, which complied with the provisions of Clause 9, Article 51 of this
Federal Law, shall provide print space to registered candidates on equal terms and
conditions. The non-state print media which failed to comply with the provisions of Clause 9,
Article 51 of this Federal Law shall not be allowed to provide print space to registered candidates
for election campaigning purposes. Non-state print media may refuse to provide print space
for election campaigning purposes.

15. Election propaganda materials published in accordance with this article shall not be
accompanied by any editorial comments, by headlines and illustrations which have not
been agreed with the relevant registered candidates, relevant political parties which
nominated registered candidates.

16. All propaganda materials published by the print media shall indicate the registered candidate
from whose electoral fund the given publication has been paid for. If propaganda materials have
been published free of charge in accordance with Clause 1 of this article, the publication shall
indicate this fact and shall name the registered candidate, the political party which nominated a
registered candidate who/which have been given the possibility to publish these materials. The
responsibility for compliance with this requirement shall be borne by the print media outlet.

17. The print media which publish propaganda materials shall not give preference to any
registered candidate, any political party which nominated a registered candidate by
changing their circulation and frequency of publication. This requirement shall not apply
to the print media founded by registered candidates, political parties which nominated

1. State bodies and bodies of local self-government shall render assistance to registered
candidates and their agents, political parties which nominated registered candidates in the
organization and holding of public campaigning events.

2. Notifications of the organizers of rallies, demonstrations, marches and picketing shall be filed
and considered in accordance with the procedure established by the Russian Federation laws.

3. On the basis of an application from registered candidates, political parties which nominated
registered candidates, premises, which are suitable for public campaigning events in the form of
meetings and are owned by the state or a municipality, shall be made available, free of charge, by
their owners, possessors to a registered candidate and his agent, representatives of a political
party, for the time to be established by the election commission of a subject of the Russian
Federation or, on its instructions, by a territorial election commission, to hold meetings with
voters. Election commissions shall ensure equal terms and conditions for registered candidates,
political parties which nominated registered candidates to hold such events.

4. If the premises mentioned in Clause 3 of this article or premises owned by an organization
with a charter (pool) capital, in which the state, a subject of the Russian Federation and/or a


municipality have a stake (contribution) exceeding 30 percent thereof as of the day of the official
publication of the decision to call the election of the President of the Russian Federation, were
made available for holding a public campaigning event to one of registered candidates, one of
political parties which nominated registered candidates, the owner, possessor of the premises
shall not refuse to provide the premises to other registered candidates, other political parties
which nominated registered candidates, on the same terms and conditions.

7. No election campaigning shall be allowed on the territory of military units, in military
organizations and institutions, save the case where the only building (premises) suitable for
organizing public campaigning events in the form of meetings is located within the territory of a
military unit or in a military organization or institution. Upon the request of the relevant election
commission the commander of the military unit shall make available such building (premises) to
registered candidates, their agents, representatives of political parties which nominated registered
candidates for meeting with voters – servicemen. Such meetings shall be organized by the
commander of the military unit together with the election commission of a subject of the Russian
Federation. Other registered candidates or their agents, representatives of other political parties
which nominated registered candidates shall be notified about the place and time of the meeting
not later than three days before the meeting.

Article 55. Terms and Conditions for Production and Distribution of Printed, Audio-Visual and
Other Election Propaganda Materials

1. Candidates shall be free to issue and distribute printed, audio-visual and other election
propaganda materials in accordance with the procedure established by the Russian Federation
laws. All election propaganda materials must be produced on the territory of the Russian
Federation.

2. All printed and audio-visual election propaganda materials shall indicate the name, legal
address and taxpayer identification number of the organization (the surname, first name and
patronymic of a natural person and the name of the subject of the Russian Federation, raion, city,
other population center where the natural person resides) which (who) produced these materials,
the name of the organization (the surname, first name and patronymic of the natural person)
which (who) placed an order for the production of the given materials and information about the
number of copies made, the date of issue, the payment for the production of these materials from
the relevant electoral fund.

3. Prior to their distribution printed propaganda materials or their copies and copies of audio-
visual propaganda materials, photographs shall be submitted by a candidate to the Central
Election Commission of the Russian Federation or to the election commission of a subject of the
Russian Federation on the territory of which these materials are to be distributed. Along with the
said materials it shall be necessary to present information concerning the location (residence
address) of the organization (natural person) which (who) has produced and ordered these
materials.


4. Repealed. – Federal Law No. 64–FZ of April 26, 2007.

5. Election propaganda materials shall not be produced without prepayment from a relevant
electoral fund or in violation of the requirements of Clauses 2 and 4 of this article.

6. Distribution of election propaganda materials in violation of the requirements set forth in
Clause 3 of this article and Clause 7, Article 49 of this Federal Law shall not be allowed.

7. Not later than 30 days before voting day, on the recommendation of the election commission
of a subject of the Russian Federation or a territorial election commission, the bodies of local
self-government shall designate and fit out special places for displaying printed election
propaganda materials on the territory of each electoral precinct. Such places shall be located
where they can be conveniently visited by voters and shall be arranged so that voters could read
the displayed information. Registered candidates shall be allocated equal areas for displaying
their printed election propaganda materials. The area of such places must be sufficient to display
information materials of election commissions and printed election propaganda materials of
candidates. Candidates may receive a list of places designated for the display of printed election
propaganda materials from the appropriate territorial election commissions.

8. In cases which are not provided by Clause 7 of this article election propaganda materials may
be displayed (posted, placed) inside premises, on buildings, structures or at other sites only with
the written consent of their owners, possessors and on the terms and conditions set by them. At
the sites owned by the state or a municipality or an organization with a charter (pool) capital in
which the stake (contribution) of the Russian Federation, a subject of the Russian Federation or a
municipality exceeds 30 percent thereof as of the day of the official publication of the decision to
call the election of the President of the Russian Federation placement of election propaganda
materials shall be carried out on equal terms and conditions for all registered candidates. No
charge shall be paid for the placement of election propaganda materials at a site owned by the
state or a municipality.

9. Printed election propaganda materials shall not be put up (posted, displayed) on monuments,
obelisks, buildings, structures and premises of historic, cultural or architectural value, inside the
premises of election commissions and polling stations or at a distance of less than 50 meters
from the entrance thereto.

10. Organizations, individual entrepreneurs which/who provide advertising services shall
ensure equal terms and conditions for registered candidates to display their election
propaganda materials.

12. The election commission which was informed about production or distribution of false
printed, audio-visual and other election propaganda materials or about distribution of election
propaganda materials in violation of the provisions of Clauses 2 – 4, 8 9 and 11 of this Article,
shall take appropriate measures and may request the law enforcement and other authorities to put


an end to unlawful election campaigning activities and seize unlawful election propaganda
materials.

2. While conducting election campaigning, candidates, their agents and authorized
representatives for financial matters, political parties, their agents and authorized representatives
as well as other persons and organizations shall not bribe voters: give voters money, gifts and
other things if they are not intended as remuneration for the performance of organizational work
(collection of voter signatures, participation in election campaigning); remunerate or promise to
remunerate voters, who performed the said organizational work, depending on the voting results;
sell goods at reduced prices; distribute free or charge any goods other than printed materials
(including illustrated materials) and badges specially produced for the election campaign; render
services free of charge or at reduced rates. While conducting election campaigning, candidates,
their agents and authorized representatives for financial matters, political parties, their agents and
authorized representatives as well as other persons and organizations shall not influence voters
by promising them money, securities, other material benefits (in particular depending on the
voting results) and shall not render any services to voters otherwise than on the basis of the
decisions of bodies of state power and bodies of local self-government taken in accordance with
the Russian Federation laws.

3. During the period of the election campaign, it shall not be allowed to organize lotteries or
other risk-based games in which prizes or participation in winning prizes depends on voting
results, election results or which are otherwise connected with the election of the President of the
Russian Federation.

5. Candidates, their agents and authorized representatives for financial matters, political parties
which nominated candidates, their agents and authorized representatives as well as the
organizations registered after the commencement of the election campaign, which are founded,
owned, possessed by these persons and/or political parties or have them as members of their
governing bodies (in organizations where the highest governing body is the general meeting – as
members of the bodies which manage the activity of these organizations) shall not carry out any
charitable activities during the period of the election campaign. In the course of the election
campaign other individuals and legal entities shall not carry out any charitable activities upon the
request, on the instructions or on behalf of the said candidates, political parties, agents and
authorized representatives and shall not conduct any election campaigning simultaneously with
charitable activities. The said candidates, political parties, agents and authorized representatives
shall be prohibited from asking other natural persons and legal entities to render material or
financial assistance or services to voters.

5.1. Propaganda materials shall not contain commercial advertising.
(Clause 5.1 was added by Federal Law No. 64-FZ of April 26, 2007)

5.2. The air time, provided to registered candidates, political parties which nominated
registered candidates on the channels of the TV and radio broadcasting organizations for


presenting their propaganda materials, shall not be used by them for the following
purposes:

1) to call for voting against any candidate (candidates);

2) to describe possible negative consequences if any candidate is elected;

3) to disseminate information with a clear emphasis on some candidate (candidates), some
political party which nominated a registered candidate, accompanied by negative
comments;

4) to disseminate information conducive to the formation of a negative attitude of voters
towards any candidate, any political party which nominated a registered candidate.
(Clause 5.2 was added by Federal Law No. 64-FZ of April 26, 2007)

6. If mass media organizations publish (make public) propaganda or informational
materials (including such materials containing true information) which may damage the
honor, dignity or business reputation of any candidate, the business reputation of any
political party which nominated a candidate, these media organizations shall provide such
candidate, such political party with a possibility to publish (make public), free of charge, a
denial or some other explanation in defense of their honor, dignity or business reputation
before the end of the campaigning period. In order to make public the said denial or some
other explanation the candidate, the political party shall be provided with air time at the
same time of the day at which the initial information was aired; the amount of such air time
shall not be less than the amount of the air time allocated for airing the initial information,
and, in any case, it shall not be less than two minutes. When a denial or some other
explanation is to be published, its text shall be printed in the same font, placed in the same
part of the page and the amount of print space allocated to it shall not be less than the
amount of print space allocated to the text refuted by the denial. The failure to provide
such candidate, such political party with a possibility to publish (make public) a denial or
some other explanation before the end of the campaigning period may serve as a ground
for bringing the mass media organization, its officials to responsibility under the Russian
Federation laws. The requirements set forth in this clause shall not apply to the
presentation of propaganda materials by registered candidates, political parties when they
use free and paid air time, free and paid print space in accordance with this Federal Law.

7. The law enforcement and other bodies shall be obliged to take measures to stop unlawful
propaganda activities, prevent production of false and unlawful printed, audio–visual and other
election propaganda materials and seize such materials, identify the producers of the said
materials and the source from which they are paid for and promptly inform the Central Election
Commission of the Russian Federation, the election commission of a subject of the Russian
Federation about the facts established and measures taken.

8. Election commissions shall exercise control over the compliance with the procedures
established for election campaigning and shall take measures to eliminate their violations. If false


printed, audio-visual and other election propaganda materials are disseminated or if election
propaganda materials are disseminated in violation of the requirements set forth in Article 55 of
this Federal Law, if any TV and radio broadcasting organization or any print media outlet fails to
comply with the election campaigning procedures established by this Federal Law, the relevant
election commission shall be obliged to apply to the law enforcement authorities, a court, the
federal body of executive power charged with the performance of regulatory functions in the
sphere of mass communications and ask them to stop unlawful propaganda activities, seize
unlawful election propaganda materials and bring to responsibility such TV and radio
broadcasting organization or print media outlet, their officials and other persons under the
Russian Federation laws.

6. The cost of free air time and free print space shall be determined by multiplying the
amount of air time and print space, provided to political parties in accordance with Clause
5, Article 52 and Clause 5, Article 53 of this Federal Law, by the rates charged for air time
and print space, as fixed and published by the TV and radio broadcasting organizations
and the print media in accordance with Clause 9, Article 51 of this Federal Law. If free air
time was used for participation in joint campaigning events, the sums to be paid by each
political party falling within Clause 3 of this article shall be determined by the state TV and
radio broadcasting organizations in equal parts in proportion to the total number of the
participants (political parties) in each of these joint campaigning events for which free air
time was provided to a political party. The cost of the provided free air time and print
space shall not be paid if a political party officially refused to use such air time and print
space in accordance with the procedure and at the time specified by Clause 18, Article 52
and Clause 11, Article 53 of this Federal Law.

Chapter XI. COMPLAINTS ABOUT VIOLATIONS OF ELECTORAL RIGHTS OF CITIZENS
AND RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON THE ELECTION OF
THE PRESIDENT OF THE RUSSIAN FEDERATION

5. The registration of a candidate may be cancelled by the Supreme Court of the Russian
Federation on the basis of a petition of the Central Election Commission of the Russian
Federation or a petition of other registered candidates not later than five days before voting day
in the following cases:

1) new circumstances have come to light, which constitute a ground for the refusal of the
registration of the candidate in accordance with Sub–Clauses 1, 1.1, 4, 6, 9, 10, 11 or 12, Clause
2, Article 39 of this Federal Law. “New circumstances” shall mean the circumstances which
existed when a decision was taken to register the candidate but which were not known and could
not be known to the Central Election Commission of the Russian Federation;

2) the candidate has repeatedly taken advantage of his office or official position;


3) it has been established that voters were bribed by the candidate, his agent or authorized
representative for financial matters or by some other person or organization acting on their
instructions;

4) campaign expenditures made by the candidate from sources other than his electoral fund to
achieve a definite result in the election of the President of the Russian Federation exceed 5
percent of the maximum limit on all expenditures from an electoral fund of a candidate
established by this Federal Law;

5) expenditures made by the candidate from the electoral fund exceed by more than 5 percent the
maximum limit on all expenditures from an electoral fund of a candidate established by this
Federal Law;

6) the candidate has failed to observe the restrictions imposed by Clause 1 or 1.1, Article 56 of
the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the
Russian Federation to Participate in a Referendum";

7) it has been established that the candidate concealed information about his record of
conviction;

8) campaign expenditures made by the candidate from sources other than his electoral fund for
the federal electoral district to achieve a definite result in the election of the President of the
Russian Federation when the candidate runs simultaneously in several electoral districts exceed
by more than 5 percent the maximum limit on all expenditures from all electoral funds of this
candidate, established by Clause 10, Article 58 of this Federal Law

9) expenditures made from all electoral funds of the candidate running in several electoral
districts exceed by more than 5 percent the maximum limit on all expenditures from all electoral
funds of the candidate, established by Clause 10, Article 58 of this Federal Law;

10) the candidate has repeated failed to observe the restrictions imposed by Clause 5.2, Article
56 of this Federal Law;

11) it has been established that in the period mentioned in Sub–Clause 4, Clause 5.2, Article 3 of
this Federal Law (but before receiving the status of a candidate) this citizen committed acts
indicated in Sub–Clause "g," Clause 7, Article 76 of the Federal Law "On Basic Guarantees of
Referendum."

2. After the Central Election Commission of the Russian Federation takes a decision on the
results of the election of the President of the Russian Federation, a court may reverse this
decision on the basis of at least one of the following facts determined by the court:

1) the campaign expenditures made by the candidate, who has been declared elected, from
sources other than his electoral fund exceed 10 percent of the maximum limit on all expenditures


from an electoral fund of a candidate established by this Federal Law or the candidate exceeded
by more than 10 percent the said maximum limit;

2) the candidate, who has been declared elected, was bribing voters and this infraction does not
make it possible to establish the real will of the voters;

3) in the course of election campaigning the candidate, who has been declared elected, failed to
comply with the requirements of Clause 1, Article 56 of this Federal Law and this infraction does
not make it possible to establish the real will of the voters;

4) the candidate, who has been declared elected, took advantage of his office or official position
and this infraction does not make it possible to establish the real will of the voters.

3. A court of the appropriate level may also reverse the decision of an election commission on the
vote returns in an electoral precinct, a territory, a subject of the Russian Federation, the decision
on the results of the election of the President of the Russian Federation in the event of the
violation of the rules for the preparation of voter lists, the procedure for the formation of election
commissions, the voting and vote counting procedures (including obstruction of monitoring these
procedures), the procedure for determining the election results, in the event of an unlawful
refusal to register a candidate admitted as such after voting day; other violations of the electoral
legislation of the Russian Federation, if such infractions do not make it possible to establish the
real will of the voters.

The propaganda period commences after nomination of candidates (lists of candidates) and,
therefore, a candidate or representatives of an electoral association (bloc) may engage in
propaganda activities already during collection of signatures. Propaganda in the mass media
may the conducted only during the last month before election day.

The period of election campaigns is now reduced to 80 - 110 days for federal elections (in the
past, this period was up to 150 days)
The Russian Federation recognizes political diversity and a multi-party system. Based on this
constitutional principle the state shall guarantee the equality of political parties before law
regardless of the ideology, objectives and goals set out in their constituent and program
documents.

The state shall guarantee the observance of the rights and legitimate interests of political parties.

2. A political party shall meet the following requirements:
a political party shall have regional branches in more than a half of the subjects of the Russian
Federation; only one regional branch of the given political party may be created in any one
subject of the Russian Federation; a political party shall have not less than ten thousand party
members and its regional branches in more than a half of the subjects of the Russian Federation
shall have not less than one hundred party members in accordance with Clause 6, Article 23 of
this Federal Law. Each one of the other regional branches shall have not less than fifty members
of the political party in accordance with Clause 6, Article 23 of this Federal Law; the leading and


other bodies of a political party, its regional branches and other structural subdivisions shall be
located in the territory of the Russian Federation.

4. The objectives and goals of a political party shall be set out in its statutes and program.
The main objectives of a political party shall be as follows: shaping of public opinion; political
instruction and education of citizens; expression of opinions of citizens on all issues of public
life; making the general public and the bodies of state power aware of these opinions;
nomination of candidates at elections to legislative (representative) bodies of state power and
representative bodies of local self-government, participation in elections to the said bodies and in
their work.

2. The activity of political parties shall not infringe upon the human and civil rights and freedoms
guaranteed by the Constitution of the Russian Federation.

3. Political parties shall operate openly, the information on their constituent and program
documents shall be available to the general public.

4. Political parties shall provide for men and women, citizens of the Russian Federation of
various nationalities, who are members of a political party, equal opportunities of being
represented in the leading bodies of the political party, on the lists of candidates for deputies and
for other elective offices in the bodies of state power and bodies of local self-government.

Article 9. Restrictions On the Creation and Activity of Political Parties

1. Creation and activity of political parties shall be prohibited if their objectives or actions
aim at a forcible change of the fundamentals of the constitutional system, violation of the
integrity of the Russian Federation, undermining of the national security, formation of
military and paramilitary units, incitement of racial, national or religious enmity.

2. The inclusion in the statutes and programs of political parties of provisions advocating
the ideas of social justice and the activity of political parties aimed at the protection of
social justice shall not be regarded as incitement of social enmity.

3. The creation of political parties on a professional, racial, national or religious basis shall not be
allowed.

In this Federal Law "professional, racial, national or religious basis" shall mean the proclamation
in the statutes and the program of a political party of such objectives as the advocacy of
professional, racial, national or religious interests and also the reflection of these objectives in
the name of a political party.

A political party shall not consist of persons of one profession.

4. Structural subdivisions of political parties shall be created and shall operate only on a
territorial basis. Structural subdivisions of political parties shall not be formed in the bodies of
state power and bodies of local self-government, in the Armed Forces of the Russian Federation,


Russia--2011 FDA Global Electoral Fairness Audit Report

Russia--2011 FDA Global Electoral Fairness Audit Report

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