New in local government law

On May 23, 2020, Federal Law of May 23, 2020 No. 153-ФЗ “On Amending Certain Legislative Acts of the Russian Federation” entered into force. The said Law amended the Federal Law of June 12, 2002 No. 67-ФЗ “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation”.

The list of citizens who do not have the right to be elected has been expanded (subparagraph b.1 of paragraph 3.2 of Article 4 of Federal Law No. 67-FZ).

The list includes citizens who have not been cleared and not cleared on a number of crimes of moderate gravity, in particular kidnapping; credit fraud committed by a group of persons by prior agreement; robbery and others.

A citizen whose passive suffrage was restricted due to the presence of a conviction that has not been canceled and not canceled for a number of medium-gravity crimes listed in subparagraph b.1 of paragraph 3.2 of Article 4 is entitled to be nominated as a candidate in the election, if the validity period restrictions on passive suffrage expire during the election campaign until election day (clause 3.3 of article 4 of Federal Law No. 67-FZ).

If, as of July 1 of the year preceding the year of the municipal elections, it was established that the number of voters in the electoral district exceeded 20% of the average norm of representation of voters, the council of the municipality, on the proposal of the election commission organizing the elections, has the right to amend the existing scheme of electoral districts (clause 7.2 of article 18 of Federal Law No. 67-FZ). This rule comes into force on September 14, 2020 (Part 3 of Article 4 of Federal Law No. 153-FZ).

Article 66 of Federal Law No. 67-ФЗ is supplemented by paragraph 5.1, establishing the right of a voter, referendum participant to vote outside the polling station using the state information system “Unified Portal of State and Municipal Services (Functions)”.

Changes will require the adoption of a municipal normative legal act specifying the current scheme of electoral districts in case of an increase in the number of voters in accordance with clause 7.2 of Article 18 of Federal Law No. 67-FZ. The amendments introduced by Federal Law No. 153-FZ are applied in the preparation and conduct of the elections scheduled after the entry into force of the aforementioned law - after May 23, 2020.