Elections are called. Grounds and procedure for calling elections

05.09.2019

Federal Assembly of the Russian Federation; Election day is the second Sunday of the month in which voting was held on the previous general elections President of the Russian Federation and in which he was elected; elections to the State Duma are called by the President of the Russian Federation, to the legislative bodies of the constituent entities of the federation - by the highest legislative (representative) bodies of the constituent entities of the federation, to local government bodies - by the heads of the local administration. the appropriate legal act is issued by the authorized body on calling elections.

From this moment the election campaign begins. The term of office of an elected body or person, the list of subjects of calling elections, the procedure for calling elections of the corresponding level and type are regulated by federal and regional legislation and differ significantly from each other.

Procedure for calling elections

The Constitution of the Russian Federation establishes the procedure for calling elections only in federal authorities state power. The procedure for calling regional and municipal elections is enshrined in the constitutions (charters), laws of the subjects Russian Federation, charters of municipalities. At the same time, the Federal Law on Basic Guarantees specifically highlights the following provisions: elections of bodies or elected officials are mandatory, periodic and carried out within the time limits established by the Constitution of the Russian Federation, federal and regional laws, and charters of municipalities; elections are called by an authorized body or official in accordance with the deadlines established by the specified regulatory legal acts. If the authorized body or official does not call elections within the established time frame, the elections are held by the relevant election commission. If the authorized body or official of the relevant election commission does not call elections within the prescribed period, as well as if the corresponding election commission is absent and elections cannot be formed, the corresponding court of general jurisdiction. Based on applications from voters, electoral associations, state authorities, local government bodies, the prosecutor, the prosecutor may determine a period no later than which the authorized body or official, and in their absence, the relevant election commission, must call elections.

Voting in the elections is scheduled only for Sunday. By general rule voting days for government elections state power subjects of the Russian Federation, authorities local government is the second Sunday in March, or in cases provided for by Federal Law, the second Sunday in October, on which the terms of office of the relevant elected bodies or deputies of these bodies expire.

Elections of deputies to the State Duma of the new convocation are appointed by the President of the Russian Federation. The decision to call elections must be made no earlier than 110 days and no later than 90 days before voting day. The decision to call elections is subject to official publication in the media mass media no later than five days from the date of its acceptance. If the President of the Russian Federation does not call elections of deputies State Duma within the prescribed period, they are appointed and conducted by the Central Election Commission of the Russian Federation on the first Sunday of the month in which the constitutional term for which the State Duma was elected expires. When the State Duma is dissolved in cases and in the manner provided for by the Constitution of the Russian Federation, the President of the Russian Federation simultaneously calls early elections of deputies of the State Duma of a new convocation. Voting day in this case is the last Sunday before the day on which three months expire from the date of dissolution of the State Duma.

If the President of the Russian Federation, having dissolved the State Duma, does not call elections of deputies of the State Duma of a new convocation, then they are appointed and held by the Central Election Commission of the Russian Federation on the last Sunday before the day when three months expire from the date of dissolution of the State Duma.

In accordance with the Constitution of the Russian Federation (clause "e" of Article 102) and the Federal Law of January 10, 2003 "On the Election of the President of the Russian Federation", elections of the President of the Russian Federation are appointed by the Federation Council. The holding of elections of the President of the Russian Federation within the time limits established by the Constitution of the Russian Federation is mandatory.

The decision to call elections must be made no earlier than 100 days and no later than 90 days before voting day. The voting day for elections is the second Sunday of the month in which voting was held in the previous general elections of the President of the Russian Federation. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption. If the Federation Council of the Federal Assembly of the Russian Federation does not call elections for the President of Russia, the elections are held by the Central Election Commission of the Russian Federation on the second Sunday of the month in which voting was held in the previous general elections of the President of the Russian Federation.

If the President of the Russian Federation terminates the exercise of his powers before the expiration of the constitutional term in the cases and in the manner provided for by the Constitution of the Russian Federation, the Federation Council Federal Assembly The Russian Federation, no later than 14 days from the date of such termination of powers, calls early elections of the President of the Russian Federation. Voting day in this case is the last Sunday before the day on which three months expire from the day of the early termination of the execution of his powers by the President of the Russian Federation.

If the Federation Council of the Federal Assembly of the Russian Federation does not call early elections of the President of Russia, they will be held by the Central Election Commission of the Russian Federation on the last Sunday before the day when three months expire from the date of termination of the exercise of powers by the President of the Russian Federation.

The appointment of elections of deputies to the legislative (representative) body of state power of the constituent entities of the Russian Federation, as a rule, by the representative body itself. At the same time, the so-called transferable powers according to their purpose are secured. If general elections are not called within the period established by law by the representative body, then the head of the executive body has the right to appoint them. If general elections are not called by the head of the executive branch or a representative body, the elections are called and held within the period prescribed by law by the election commission of the constituent entity of the Russian Federation.

The date of the next elections is determined in accordance with the procedure for the formation and terms of office of these bodies established by regional legislation. In this case, the election date must be set no later than a certain number of days before election day, or in agreement with the representative body.

Early elections are held in cases of dissolution representative body, including one of its chambers, self-dissolution, recall by voters of more than one-third of the deputies. Right to set dates early elections the head is endowed executive power either a representative body or an election commission of a constituent entity of the Russian Federation, and the decision to set an election date takes various legal forms.

The procedure and subjects of the right to call elections of local self-government bodies differ significantly from elections at the federal and regional levels. Basically, several models are used to regulate the subject composition and the procedure for calling municipal elections. The laws established centralized, decentralized and mixed procedures for calling elections. Under a centralized procedure, the elections of deputies of the representative body of local self-government and the head (administration) of the municipality were appointed by the regional legislative body of state power.

Now, in connection with the entry into force of the new Federal Law of October 6, 2003 No. 131-FZ “On general principles organization of local self-government in the Russian Federation" a decentralized procedure for calling elections to local self-government bodies - both deputies of representative bodies and relevant officials - is established everywhere in accordance with the Constitution of the Russian Federation. Municipal elections, as stated in Article 23 of this law, are appointed by the representative body of the municipality in the terms provided for by the charter of the municipality. In cases established by federal law, municipal elections are called by the relevant election commission of the municipality or the court. The regulation of the timing of calling and holding elections provides for the possibility of holding them in a single period (for both the representative body and the head of the municipality). ), as well as the possibility of combining municipal elections with elections of government bodies at the federal and regional levels.

an act of an authorized body of the state proclaiming, within the time limits established by law, the date of holding elections. The law defines the bodies competent to adopt acts on holding elections and determine the timing of their holding. Thus, the elections of deputies of the State Duma are appointed by a decree of the President of the Russian Federation. In turn, the elections of the President of the Russian Federation are appointed by the Federation Council. The day of elections of deputies of the State Duma and the President of the Russian Federation is the first Sunday after the expiration of the constitutional term for which they were elected. In this case, the period from the date of calling the elections to the day of the elections must be at least 4 months. In case of early termination of powers of the President, as well as in case of dissolution of the State Duma, the election day is the last Sunday before the expiration of 3 months from the date of early termination of powers or dissolution of the State Duma. Federal Law of September 19, 1977 "On Basic Guarantees voting rights and the right to participate in a referendum of citizens of the Russian Federation" (as amended and additionally) establishes two rules:

1) in cases where the authorized body or official does not call elections within the established time frame or does not call elections if the body or deputy early terminates the exercise of their powers, elections are held on the first or second Sunday of the month following the month of expiration of the powers of the body or deputies , or no later than 180 days before the day of early termination of the powers of the body or deputies. At the same time, the decision election commission on calling elections is published no later than 7 days from the date of expiration of the established period for publication of the decision on calling elections;

2) if the authorized body, official or election commission does not call elections within the established period, and also if the election commission does not exist and cannot be formed, elections based on applications from voters, electoral associations (blocs) of state authorities and local self-government, the prosecutor are appointed by the relevant court of general jurisdiction. In this case, elections are organized and conducted by a temporary election commission, which is formed within 7 days from the date of accession court decision into legal force. A temporary commission is formed for the conduct of these elections by the Central Election Commission or the election commission of a constituent entity of the Russian Federation in the number of no more than 15 people. The appointment of elections is a state legal act with which the electoral legislation connects the beginning election campaign and conducting all election activities. Thus, 60 days before the day of elections of deputies of the State Duma, the boundaries of electoral districts must be approved; must be formed within 45 days polling stations; a voter list must be submitted no later than 30 days in advance; The period for nominating candidates for elective positions, etc. must be at least 45 days in advance.

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Appointment of elections

establishment by a duly authorized body or official of the date for holding elections in accordance with the time limits determined by the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation, and the charters of municipal entities.

In accordance with the Constitution of the Russian Federation, elections of deputies of the lower house of the Russian Parliament - the State Duma of the Federal Assembly - are appointed by the President of the Russian Federation; elections of the head of state - the President of Russia - are appointed by the Federation Council of the Federal Assembly.

The constitutions and charters of the constituent entities of the Russian Federation also determine the bodies and officials vested with the right to call elections. As a rule, elections of members of legislative bodies are appointed by the heads of the relevant subjects of the Federation, and elections of senior officials of the subjects of the Federation are appointed by the corresponding representative (legislative) bodies.

Elections are scheduled in accordance with the deadlines established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions, charters, laws of constituent entities of the Russian Federation, charters of municipalities. In the event of early termination of the powers of the body or deputies, elections must be scheduled no later than 14 days from the date of such termination of powers. Voting must be held no later than 180 days and no earlier than 70 days from the date of the decision to call elections. The decision to call elections must be made no later than 65 days before the expiration of the period for which the relevant body or the corresponding part of the deputies were elected collegial body. The said decision is subject to official publication in the media no later than 5 days from the date of its adoption.

The Federal Constitution establishes the obligation to conduct free elections, as the main way of forming government bodies. The Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” provides for special legal mechanisms to ensure the holding of periodic elections. If an authorized body or official for any reason does not call elections within the established time frame, as well as in the absence of an authorized body or official, elections are held by the relevant election commissions: when federal elections- the Central Election Commission of the Russian Federation, elections of subjects of the Russian Federation - the election commission of the corresponding subject of the Federation, local (municipal) elections - the election commission of the corresponding municipal entity. In this case, the election day is the first or second Sunday of the month following the month of expiration of the powers of the body or deputy. In case of early termination of powers, elections must be held no later than 180 days from the date of early termination of powers of the body or deputy. The decision of the election commission on holding elections must be published no later than 7 days from the date established by law the deadline for publishing the decision to call elections.

If the elections are not called in the specified order (the elections are not called by an authorized body or official, the relevant election commission), then the elections must be called by the relevant court of general jurisdiction based on applications from voters, electoral associations, electoral blocs, government bodies, bodies local government, prosecutor. In this case, the elections are organized and conducted by a temporary election commission, formed to prepare and conduct these elections by the Central Election Commission of the Russian Federation or the election commission of a constituent entity of the Russian Federation within 7 days from the date the court decision enters into legal force.

Neither is the absence of an obstacle to holding elections legal regulation subjects of the Federation, as provided for by federal legislation. In these cases, elections of constituent entities of the Russian Federation and municipal elections are conducted on the basis of federal laws that ensure the constitutional rights of citizens of the Russian Federation to elect and be elected to government bodies and local self-government bodies.

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The appointment of elections is carried out by an authorized body or official. The voting day for elections to federal bodies of state power is determined in accordance with federal law.

For example, elections of deputies of the State Duma of a new convocation in accordance with Part 2 of Art. 6 of the Federal Law of May 18, 2005 No. 51-FZ “On elections of deputies of the State Duma”1 are appointed by the President of the Russian Federation. The decision to call elections must be made no earlier than 110 days and no later than 90 days before voting day. Voting day is the first Sunday of the month in which the constitutional term for which the State Duma of the previous convocation was elected expires. The constitutional term for which the State Duma is elected is calculated from the day of its election. The day of election of the State Duma is the day of voting, as a result of which it was elected in its authorized composition. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption.

Another example. In accordance with clause “d”, part 1, art. 102 of the Constitution of the Russian Federation, elections of the President of the Russian Federation are appointed by the Federation Council, and in paragraph 2 of Art. 5 of the Federal Law “On Elections of the President of the Russian Federation” establishes a rule from which it follows that the decision to call elections must be made no earlier than 100 and no later than 90 days before voting day. Voting day is the second Sunday of the month in which voting took place in the previous general elections of the President of the Russian Federation and in which the President of the Russian Federation was elected four years ago1.

As for elections in the constituent entities of the Federation and local government bodies, as is known, in terms of calling elections, the legislator introduced a rule (clause 3 of Article 10 of the Law “On Basic Guarantees of Electoral Rights”), according to which the voting days for elections to bodies state authorities of the constituent entities of the Russian Federation, local government bodies are the second Sunday in March or the second Sunday in October of the year in which the terms of office of elected bodies or deputies of these bodies expire, with the exception of cases of early termination of powers of elected bodies and persons. Early elections must be held no later than six months from the date of early termination of the powers of elected bodies or deputies of these bodies.

In connection with the consolidation of some constituent entities of the Russian Federation, the legislator considered it necessary to regulate the issue of calling elections in them separately. So, in accordance with paragraph 5 of Art. 10 of the Law “On Basic Guarantees of Electoral Rights”, elections to government bodies of the constituent entities of the Russian Federation, newly formed in accordance with the federal constitutional law, federal law, constitution (charter) of the constituent entity of the Russian Federation, are scheduled for the second Sunday of March or the second Sunday of October, and in the year of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the next convocation - on the day of voting in these elections or on another day in accordance with the federal constitutional law, federal law, decree of the President of the Russian Federation.

Elections of deputies of representative bodies and elected officials of local self-government are appointed by bodies and officials specified in the relevant laws of the constituent entities of the Russian Federation and the charters of municipal entities. Elections of deputies

Representative bodies are usually appointed by the head of the municipality.

The current legislation retains the rule according to which voting in elections can only be scheduled on Sunday. It is not permitted to schedule voting on a non-working holiday and on the day preceding it, on the day following a non-working holiday, as well as on Sunday, which is declared a working day in accordance with the established procedure. If in in this case the second Sunday of March on which elections must be scheduled coincides with a non-working holiday, or the day preceding it, or the day following a non-working holiday, or the second Sunday of March is declared in accordance with the established procedure as a working day, the elections are scheduled for the first Sunday of March. The same rule applies to elections in October.

Thus, there is a prohibition on calling a vote:

firstly, on a non-working holiday (in accordance with Article 112 of the Labor Code of the Russian Federation1 non-working holidays are: January 1, 2, 3, 4 and 5 - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Russia Day; November 4 - National Unity Day);

secondly, on the day preceding or following a non-working holiday;

thirdly, on Sunday, which is declared a working day in accordance with the established procedure.

Because of this, it is not permitted to declare one or another calendar day of the week a weekend or other non-working day and to schedule voting on this day (including repeat voting) both in regular and early elections. If the Sunday on which elections must be scheduled coincides with a pre-holiday or non-working holiday, or the day following a non-working holiday or a Sunday that has been declared a working day in accordance with the established procedure, elections may be scheduled on the previous calendar Sunday.

At the same time, it is necessary to keep in mind that if the voting day (Sunday) in the early elections of the President of the Russian Federation coincides with a pre-holiday or non-working holiday or the day following a non-working day holiday, voting day is the previous Sunday (otherwise the provision of Part 2 of Article 92 of the Constitution of the Russian Federation that early elections of the President of the Russian Federation must take place no later than three months from the date of early termination of his powers will be violated)1.

The decision to call elections to a federal government body must be made no earlier than 110 days and no later than 90 days before voting day. The decision to call elections to a government body of a constituent entity of the Russian Federation must be made no earlier than 100 days and no later than 90 days before voting day. The decision to call elections to a local government body must be made no earlier than 90 days and no later than 80 days before voting day. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption. This decision to call elections (voting day) is one of the integral components of the election procedure. The adoption of a decision to call elections and its official publication are legal facts with which election legislation associates the emergence of a number of legal relations within the framework of electoral process.

The responsibility for publishing the decision to call elections rests with the body or official who made this decision. It should be noted that the law imposes on the authorized body or official the obligation only to make an appropriate decision on calling elections within the time limits established by regulatory legal acts, and does not assume that the decision to call elections is lawfully made after it has entered into force. may be canceled or changed (except in case of a state of emergency or martial law). This means that the relevant body or official is not vested with the power to cancel or amend previously decision taken about calling elections.

On this organizational and legal basis the principle (norm) of mandatory elections is also implemented1.

Mass media specified in the relevant regulatory legal acts as performers official publication decisions to call elections may, in accordance with Part 1 of Art. 5.5 of the Code of Administrative Offenses of the Russian Federation bear responsibility for the untimely publication of the said decision.

When early elections are called, the specified deadlines for carrying out other electoral actions may be reduced, but not by more than one third. It should be taken into account that in accordance with the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” the powers of a legislative (representative) body of state power can be terminated early if: a) the said body makes a decision on self-dissolution , in this case, the decision on self-dissolution is made in the manner prescribed by the constitution (charter) or law of the subject of the Russian Federation; b) dissolution of the said body by the highest official of a constituent entity of the Russian Federation (head of the highest executive body state power) on the grounds provided for by the said Federal Law; c) entry into force of the decision accordingly supreme court republics, courts of the region, region, federal city, autonomous region, Autonomous Okrug about the incompetence of this composition of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation, including in connection with the resignation of the deputies of their powers; d) dissolution of the said body in the manner and on the grounds provided for by the said Federal Law (in this case, the powers legislature state power ceases from the date of entry into force of the federal law on its dissolution). In addition, this Federal Law not only defines cases of early termination of the powers of the legislative body, but also partially reveals the provision on the incompetence of its deputy composition, including in the content list this concept such a component as deputies resigning their powers1.

With regard to early elections, a deadline has also been established for making a decision on setting a date for their holding, which is no more than 14 days from the date of early termination of the powers of bodies or deputies. In these conditions, a body or official authorized to make a decision on the early termination of the powers of the body or deputies has the right to make a decision drawn up in one document and containing a provision both on the early termination of powers and on setting a date for holding early elections, or to adopt two independent documents - on early termination of powers and on setting the date of elections, while the starting point for the second decision will be the entry into force of the decision on early termination of powers, and the end point will be the last day of the two-week period from the date of early termination of powers of the body (deputies).

If the authorized body or official does not call elections within the prescribed time frame, elections are called: to federal bodies of state power - by the Central Election Commission of the Russian Federation, to government bodies of a constituent entity of the Russian Federation - by the election commission of a subject of the Russian Federation no later than 80 days before voting day; to local government bodies - by the relevant election commission no later than 70 days before voting day. The decision of the election commission to call elections is published no later than seven days from the date of expiration of the deadline for the official publication of the decision to call elections.

If the relevant election commission does not schedule elections of bodies or deputies within the prescribed period, or if such an election commission does not exist and cannot be formed, then the relevant court of general jurisdiction, based on applications from voters, electoral associations, state bodies,

military authorities, local government bodies, and the prosecutor may determine a period no later than which the authorized body or official, and in their absence, the relevant election commission, must call elections. This provision consolidates one of the elements of the system of guarantees of citizens' electoral rights to participate in free elections, namely judicial guarantees.

In the guarantee mechanism, the court as a body judiciary(justice) occupies (in cases of a dispute between the parties to a legal relationship or non-fulfillment, improper execution, impossibility of fulfilling legal regulations, etc.) exclusively important place, and its decisions are binding on all bodies and persons entitled to participate in elections. Calling elections within judicial procedure is, of course, an exceptional case of organizing the electoral process, holding free elections, however, the specified power of the court, essentially being the so-called “sleeping power” in the situation of law-abiding activities of bodies and officials, election commissions to call elections, turns into an effective guarantee of the principle of mandatory , frequency of elections, electoral rights and freedoms of citizens, other participants in the electoral process.

The date of elections is determined by the court, and the court must take into account the deadlines for carrying out electoral actions and electoral procedures provided for by law.

If the elections are ordered by the court, the current election commission, which did not make a timely decision on calling and holding elections or did not publish the said decision, is removed from participation in the organization of elections due to the direct effect of the court decision and the provisions of the law1.

In this case, the court also has the right to impose on the Central Election Commission of the Russian Federation or the election commission of a constituent entity of the Russian Federation (corresponding to the level of elections) the obligation to form, within ten days from the date of entry into force of the court decision, a temporary election commission of no more than 15 members, and in the absence of an authorized person to appoint election of a body or official - also establish a period within which the temporary election commission must call elections. In this case, elections

organizes and conducts a temporary election commission, which is formed by the Central Election Commission of Russia or the election commission of a constituent entity of the Russian Federation to prepare and conduct only these elections.

The composition of the temporary election commission is subject to publication in the official print media CEC of Russia - “Bulletin of the Central Election Commission of the Russian Federation” (if the decision on the formation of the composition of the temporary election commission is made by the CEC of Russia) and is submitted for publication in the media, in particular in “ Russian newspaper" The composition of the temporary election commission, formed by the election commission of a constituent entity of the Russian Federation, is subject to publication in the official printed organ of the election commission (if established) and is submitted for official publication to the relevant media.

The Temporary Election Commission is authorized to organize and conduct elections in accordance with the court decision.

The term of office and the number of voting members of a temporary election commission are established by the election commission that formed it. This period and the powers of the temporary election commission are limited to the date of completion of the election campaign, i.e. the day of submission to the relevant body of a report on the expenditure of funds from the relevant budget allocated for the preparation and conduct of elections.

Under this Federal Law, bodies or deputies are appointed by an authorized body or official.

Information about changes:

3. The voting day for elections to government bodies of the constituent entities of the Russian Federation, local self-government bodies is the second Sunday of September of the year in which the terms of office of these bodies or deputies of these bodies expire, and if the terms of office expire in the year of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation Federation of the next convocation - the day of voting at the said elections, except for the cases provided for in paragraphs 4 - 6 of this article.

4. In the event of early termination of powers of bodies or deputies specified in paragraph 3 of this article, entailing the incompetence of the body, early elections must be held no later than six months from the date of such early termination of powers, with the exception of early elections of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), which are held taking into account the deadlines for calling elections provided for in paragraph 7 of this article, in nearest second Sunday in September after such early termination of powers, and in the year of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the next convocation - on the day of voting in these elections.

Information about changes:

5. Elections to government bodies of the constituent entities of the Russian Federation, newly formed in accordance with the federal constitutional law, federal law, constitution (charter) of the constituent entity of the Russian Federation, are scheduled for the second Sunday in September, and in the year of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation the next convocation - on the day of voting in the said elections or on another day in accordance with the federal constitutional law, federal law, decree of the President of the Russian Federation.

Information about changes:

6. Voting in elections can only be scheduled for Sunday. It is not permitted to schedule voting on a non-working holiday, on the day preceding it, on the day following a non-working holiday, or on Sunday, which is declared a working day in accordance with the established procedure. If the second Sunday of September on which elections must be scheduled coincides with a non-working holiday, or the day preceding it, or the day following a non-working holiday, or the second Sunday of September is declared in accordance with the established procedure as a working day, the elections are scheduled for the third Sunday of September.

7. The decision to call elections to a federal body of state power must be made no earlier than 110 days and no later than 90 days before voting day. The decision to call elections to a government body of a constituent entity of the Russian Federation must be made no earlier than 100 days and no later than 90 days before voting day. The decision to call elections to a local government body must be made no earlier than 90 days and no later than 80 days before voting day. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption. When early elections are called, the deadlines specified in this paragraph, as well as the deadlines for carrying out other electoral actions, may be reduced, but not by more than one third.

8. If the authorized body or official does not call elections within the time period provided for in paragraph 7 of this article, and also if the authorized body or official is absent, elections are called: to federal bodies of state power - by the Central Election Commission of the Russian Federation in the manner established by federal law; to state authorities of a constituent entity of the Russian Federation - by the election commission of a constituent entity of the Russian Federation no later than 80 days before voting day; to local government bodies - by the relevant election commission no later than 70 days before voting day. The decision of the election commission to call elections is published no later than seven days from the date of expiration of the deadline established by paragraph 7 of this article for the official publication of the decision to call elections.

9. If the relevant election commission does not appoint, within the period established by paragraph 8 of this article, elections of the bodies or deputies specified in paragraph 1 of Article 8 of this Federal Law, or if such an election commission does not exist and cannot be formed in the manner provided for by this Federal Law, the relevant court of general jurisdiction, based on applications from voters, electoral associations, state authorities, local self-government bodies, the prosecutor, can determine the period no later than which the authorized body or official, and in their absence, the relevant election commission, must call elections. In this case, the court also has the right to impose on the Central Election Commission of the Russian Federation or the election commission of a constituent entity of the Russian Federation (corresponding to the level of elections) the obligation to form, within ten days from the date of entry into force of the court decision, a temporary election commission of no more than 15 commission members, in compliance with the composition requirements election commission provided for by this Federal Law, and in the absence of a body or official authorized to call elections - also establish a period within which the temporary election commission must call elections. The term of office and the number of voting members of a temporary election commission are established by the election commission that formed it.

Under this Federal Law, bodies or deputies are appointed by an authorized body or official.

4. In the event of early termination of powers of bodies or deputies specified in paragraph 3 of this article, entailing the incompetence of the body, early elections must be held no later than six months from the date of such early termination of powers, with the exception of early elections of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), which are held taking into account the timing of elections provided for in paragraph 7 of this article, on the nearest second Sunday in September after such early termination of powers, and in the year of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation Federation of the next convocation - on the voting day at the said elections.

(see text in the previous edition)

5.1. Elections to local government bodies of a newly formed municipal entity must be held no later than six months from the date of its creation.

(see text in the previous edition)

9. If the relevant election commission does not appoint, within the period established by paragraph 8 of this article, elections of the bodies or deputies specified in paragraph 1 of Article 8 of this Federal Law, or if such an election commission does not exist and cannot be formed in the manner provided for by this Federal Law, the relevant court of general jurisdiction, based on applications from voters, electoral associations, state authorities, local self-government bodies, the prosecutor, can determine the period no later than which the authorized body or official, and in their absence, the relevant election commission, must call elections. In this case, the court also has the right to impose on the Central Election Commission of the Russian Federation or the election commission of a constituent entity of the Russian Federation (corresponding to the level of elections) the obligation to form, within ten days from the date of entry into force of the court decision, a temporary election commission of no more than 15 commission members, in compliance with the composition requirements election commission provided for - and this Federal Law, and in the absence of a body or official authorized to call elections - also establish a period within which the temporary election commission must call elections. The term of office and the number of voting members of a temporary election commission are established by the election commission that formed it.