Proceedings on the Cases on Protecting Electoral Rights and the Right to Take Part in

a Referendum of the Citizens of the Russian Federation

Article 259. Submitting an Application for Protection of Electoral R ights and Right to Take Part in a Referendum of the Russian Federation

1. Voters, participants in a referendum, candidates and their p roxies, electoral associations and their proxies, political parties and their regional branches, other public associations, referendum initiative groups and their authorised representatives, other groups of participants in a referendum and their authorised representatives, observers, a prosecutor who believe that decisions or actions (omissions) of a governmental body, local self-government body, public associations, electoral commission, referendum commission or an official violate the electoral rights or the right to take part in a referendum of Russian Federation citizens are entitled to file an application with the court.

2. The Central Electoral Commission of the Russian Federation, the electoral commissions of subjects of the Russian Federation, the electoral commissions of municipal formations, district, territorial and polling station electoral commissions, the relevant referendum commissions are entitled to file an application with the court in connection with a breach of the legisla tion on elections and referendums by a governmental body, local self-government body, officials, a candidate, an electoral association, a political party or its regional branch, another public association, a referendum initiative group, another group of participants in a referendum, and also by an electoral commission, referendum commission, member of an electoral commission or of a referendum commission.

3. An application for revocation of registration of a candidate (a list of candidates) may be filed with the court by the electoral commission that has registered the candidate (the list of candidates), a candidate registered in the same c onstituency, the electoral association that has its list of candidates registered in the same constituency, and also in the cases established by a federal law, the prosecutor.

4. An application for dissolution of an electoral commission or referendum commission may be filed with the court by the persons established by a federal law.

5. An application for revocation of registration of a referendum initiative group or another group of participants in a referendum may be filed with the court by the Central Electoral Commission of the Russian Federation when a referendum of the Russian Federation is held; by the electoral commission of a subject of the Russian Federation wh en a referendum of the subject of the Russian Federation is held; by the electoral commission of a municipal formation when a local referendum is held.

6. An application for protection of the electoral rights and right to take part in a referendum of Russian Federation citizens shall be filed with the court according to the

jurisdictions established by Articles 24, 26 and 27 of the present Code and other federal laws. Article 260. Term for Applying to the Court and for Considering Applications

1. An application may be filed with the court within three months after the day when the applicant learned or had to learn of a breach of the legislation on elections and referendums or a breach of his electoral rights or his right to take part in a referendum.

2. An application concerning a decision of an electoral commission or referendum commission on registration, a refusal to register a candidate (a list of candidates), referendum institutive group or another group of participants in a referendum may be filed with the court within ten days after the decision deemed the subject matter of the app lication was adopted by the electoral commission or referendum commission. The procedural term established by this part is not subject to reinstatement.

3. An application for revocation of registration of a candidate (a list of candidates) may be filed with the court at least eight days before polling day.

4. After the publication of the results of an election or referendum an application concerning a breach of the elector al rights or right to take part in a referendum of Russian Federation citizens that took place during the election campaign or referendum campaign may be filed with the court within one year after the official pub lication of the results of the election or referendum.

5. An application for dissolution of an electoral commission or referendum commission may be filed with the court within the term established by a federal law.

6. During an election campaign or referendum campaign an application received by a court before polling day shall be considered and determined within five days after the receipt thereof but not later than the day preceding polling day, and an application received on the day preceding polling day, on polling day or on the day following polling day shall be considered and determined immediately. If the facts contained in an application need an additional verification the application shall be considered and determined within ten days after the submittal.

7. An application concerning an irregularity in lists of voters or participants in a referendum shall be considered and determined within three days after it is received by the court but not later than the day preceding polling day, and if received on polling day, immediately.

8. An application concerning a decision of an electoral commission or referendum commission on the results of voting, the results of an election or referendum shall be considered and determined within two months after its is received by the court.

9. A decision on an application for revocation of registration of a candidate (a list of candidates) shall be taken by the court of original jurisdiction at least five days before polling day.

10. A decision on an application for revocation of registration of a referendum initiative group or another group of participants in a referendum shall be taken by the court at least three days before polling day.

11. A decision on an application for dissolution of an electoral commission or referendum commission shall be taken by the court within 14 days, or during an election campaign or referendum campaign, within three days after it is received by the court.

Article 260.1. Procedure for Hearing Cases of Protection of the Electoral Rights and Right to Take Part in a Referendum of Russian Federation Citizens

1. An application shall be considered by the court with participa tion of the applicant, a representative of relevant governmental body, local self-government body, political party, other public association, electoral commission, referendum commission, official, prosecutor. The said

persons' failure to report to the court, if duly notified of the place and time of court hearing, shall not be deemed an obstacle for hearing the case and determining it.

2. The court shall notify an electoral commission or referendum commission that it has accepted for hearing an application for dissolution of the electoral commission or referendum commission. Cases of dissolution of electoral commissions or referendum commissions shall be heard by the court collectively as represented by three professional j udges.

3. While hearing and determining cases of protection of the electoral rights and right to take part in a referendum of Russian Federation citizens during an election campaign or referendum campaign the following shall not be done as a measure to secure a claim until the date of publication of the results of the election or referendum:

1) the arrest or seizure of election ballot papers, referendum ballot papers, lists of voters or participants in the referendum, other electoral documents or referendum documents;

2) an injunction whereby electoral commission or referendum commission are prohibited to commit the law-established actions of preparation and condu ct of the election or referendum.

4. A decision of a court of the first instance on revocation of the registration of a candidate (a list of candidates) shall not be executed immediately.

Article 261. Court Decision on Cases of Protecting Electoral Rights and the Right to Take Part in a Referendum of the Citizens of the Russian Federation, and Its Execution

1. The court shall recognize the disputed decision or the action (inaction) of the state power body, body of local self-government, public association, election committee, referendum committee or the official as illegal, if the substantiation of the application is established, and shall oblige to satisfy the applicant's claim, or shall restore in full volume in some other way the latter's violated electoral rights or his right to take part in a referendum.

The decision of the court which has entered into legal effect shall be directed to the head of the corresponding state power body or local self-government body, or of the public association, or to the chairman of the election committee or of the committee of the referendum, or to the official person, and is subject to execution within the time ter ms fixed by the court in accordance with the rules established in the second part of Article 206 of the present Code.

2. The court shall refuse the satisfaction of an application if it establishes that the disputed decision or action (inaction) is legal.

3. An appeal against a court decision, a private complaint against a court ruling in a cas e of protection of the electoral rights and right to take part in a referendum of Russian Federation citizens issued during an election campaign o r a referendum campaign before polling day may be filed within five days after the court took the said decision or ruling.

Chapter 26.1. Temporary Accommodation of a Readmissible Foreign Citizen at a Special