RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 25, 2024 No. 17

About the single questions arising at courts by hearing of cases about the administrative offenses encroaching on established procedure of information support of elections and referenda

Due to the questions arising in court practice by hearing of cases about the administrative offenses encroaching on established procedure of information support of elections and referenda, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

1. The voting rights, the participation right in referendum of citizens of the Russian Federation and their associations, and also established procedure of preparation and elections and referenda in the Russian Federation are subject to protection by means of taking measures, directed to suppression of their violation and involvement of perpetrators to the administrative responsibility established by the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences, the Code).

The procedure for elections and referenda is in the territory of the Russian Federation determined by the legislation of the Russian Federation on elections and referenda which the Constitution of the Russian Federation, the Federal constitutional Law of June 28, 2004 constitute No. 5-FKZ "About referendum of the Russian Federation", the Federal Law of June 12, 2002 No. 67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation" (further - the Law on basic guarantees of the voting rights), other Federal Laws, constitutions (charters), the laws of subjects of the Russian Federation, other regulatory legal acts on elections and referenda accepted in the Russian Federation including charters of municipalities, regulations of the electoral commissions, commissions of referendum.

The law on basic guarantees of the voting rights determines the main conditions, rules and procedures providing realization of the voting rights and the participation right in referendum of citizens of the Russian Federation. The guarantees of the voting rights and the participation right in referendum of citizens of the Russian Federation supplementing the guarantees established by the Law on basic guarantees of the voting rights can be established by the Federal constitutional Laws, other Federal Laws, the laws of subjects of the Russian Federation (Article 1, subitem 11 of Article 2, Items 1 and 2 of Article 11, Item 3.1 of article 48 of the Law on basic guarantees of the voting rights).

2. Elections and referendum are forms of direct declaration of will of citizens of the Russian Federation. The data of any nature connected with their preparation and carrying out can make impact at choice of the citizen in case of realization of its active voting right and the participation right in referendum. With respect thereto information support of elections and referenda shall promote conscious declaration of will of citizens, publicity of elections and referenda and is guaranteed by the conditions, rules and procedures provided by the Law on basic guarantees of the voting rights (subitems 9, of 11, 53 Articles 2, Item 3 of Article 3, article 44 of the Law on basic guarantees of the voting rights).

Draw the attention of courts that information support of elections and referenda includes informing voters, participants of referendum, and also the election propaganda representing the activities aiming to induce or inducing voters to vote for the candidate, candidates, the list, candidate lists or against it (them) during the election campaign and propaganda concerning referendum - the activities aiming to induce or inducing participants of referendum to support the initiative of holding referendum or to refuse such support, to vote or refuse vote on referendum, to support or reject the question submitted for referendum during referendum campaign (subitems 3, 4 articles 2, of article 44, 45 Laws on basic guarantees of the voting rights).

Abuse of regulations, the conditions and procedures guaranteeing information support of elections and referenda is the basis for administrative prosecution, provided including Articles 5. 5, 5.8, 5.10, 5.11, 5.12, 5.48 Codes of the Russian Federation on Administrative Offences, with fault of person concerning whom proceeedings about administrative offense are conducted.

3. The legislation on elections and referenda fixes requirements to participation of mass media and other persons in information support of elections and referenda, in particular to procedure for publication (promulgation) for the materials connected with preparation and elections, referenda (Article 45, Item 6 of Article 47, of Article 50 - 52, 54, 56 Laws on basic guarantees of the voting rights, Article 45 - 53, 55, 56 Federal Laws of January 10, 2003 No. 19-FZ "About election of the president of the Russian Federation", Article 57 - 66, 68, 69 Federal Laws of February 22, 2014 No. 20-FZ "About elections of deputies of the State Duma of Federal Assembly of the Russian Federation" (further - the Federal Law "About Elections of Deputies of the State Duma of Federal Assembly of the Russian Federation").

The violation of procedure for publication (promulgation) of the materials connected with preparation and elections, referenda, including allowed during the election campaign (during implementation of activities for preparation and elections from the date of official publication (publication) of the decision of the official authorized on that, state body, local government body about calling of an election about day of representation by the electoral commission organizing elections, the report on expenditure of the funds of the relevant budget allocated for preparation and elections), and also during referendum campaign (during implementation of activities for the preparation and holding referendum performed from the date of registration of initiative group on holding referendum about day of representation by the commission of referendum organizing referendum, the report on expenditure of the funds of the relevant budget allocated for preparation and holding referendum or about day of refusal in holding referendum) in information and telecommunication networks, access to which is not limited by certain group of people (further - information and telecommunication network), attracts the administrative responsibility as regards 1 article 5.5 Code of the Russian Federation on Administrative Offences (subitems 19 and 34 of article 2 of the Law on basic guarantees of the voting rights).

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