Post-Soviet Media Law & Policy Newsletter


Issue 42-43     Benjamin N. Cardozo School of Law     January 15, 1998  

On Basic Guarantees of Electoral Rights and the Right
of Citizens of the Russian Federation to Participate in a Referendum

CHAPTER VII.  CAMPAIGNING DURING ELECTIONS AND REFERENDA

Article 39.  General Terms and Conditions of the Access of Candidates, Electoral Associations, Electoral Blocs, Referendum Initiative Groups to Mass Media

    Mass media outlets whose founders (co-founders) are state or municipal bodies, organizations, establishments, or who are financed completely or partially from the relevant budget (federal budget, budget of Subject of Russian Federation, local budget) or at the expense of the bodies of local self-government as well as those enjoying tax and other exemptions, if compared with other mass media, shall provide equal conditions of election campaigning to registered candidates, electoral associations, electoral blocs.
   The mass media which do not come under the provisions of Clause 1 of this Article may provide air time, space in printed media to registered candidates, electoral associations, electoral blocs, referendum initiative groups on a contractual basis.  Candidates, electoral associations, electoral blocs shall pay for air time and printed matter on equal terms and conditions exclusively through the appropriate electoral funds.  In cases provided by federal constitutional laws, federal laws, lows of Subjects of Russian Federation a referendum initiative group shall pay for air time and printed matter through a referendum participation fund.

Article 40.  Terms and Conditions for Campaigning through Electronic Mass Media

    Registered candidates, electoral associations, electoral blocs, referendum initiative groups shall be entitled to free air time on the channels of TV and radio companies coming under the provisions of Clause 1 of Article 39 of this Federal law and engaged in TV and radio broadcasting in the territory wherein elections, a referendum is to be held.  The said air time shall be provided during the prime periods when TV and radio programs are viewed and listened to by the greatest number of persons.  The total free air time provided by each Russian national TV and radio company for campaigning in elections to federal bodies of state power shall be not less than one hour on working days.  The total free air time provided by each regional TV and radio company for election campaigning in elections to federal bodies of state power and in elections to bodies of state power of Subject of Russian Federation shall be not less than 30 minutes on working days and, if the total broadcasting time of the TV and radio company is less than two hours, no less than one-fourth of the total broadcasting time.  The said free air time shall be distributed between registered candidates and electoral associations, electoral blocs on an equal footing.
    Not less than one-third of the total free air time shall be given to candidates, electoral associations, electoral blocs for joint discussions, roundtables and similar propaganda events.  This part of free air time shall be accessible to all registered candidates, electoral associations, electoral blocs on an equal footing.
    TV and radio companies coming under the provisions of Clause 1 of Article 39 of this Federal Law in regard of the level of elections shall reserve paid air time for election campaigning of candidates, electoral associations, electoral blocs.  This air time shall be made available for a charge on a contractual basis to candidates, electoral associations, electoral blocs on their request.  The charge shall be the same for all candidates, electoral associations, electoral blocs and announced no later than the day on which nomination of candidates (lists of candidates) begins or no later than ten days after announcement of the voting day in a referendum.  Each candidate, electoral association, electoral bloc shall be entitled to a part of the total reserved air time given by division of this time by the total number of registered candidates (electoral associations, electoral blocs).  The total reserved air time shall not be less than the total free air time provided in accordance with Clause 1 of this Article.
    The provision of air time to registered candidates, electoral associations, electoral blocs, public associations, referendum initiative groups on the channels of the state TV and radio companies coming under the provisions of Clause 1 of Article 39 of this Federal Law shall be regulated by federal constitutional laws, federal laws, laws of Subjects of Russian Federation.
    Expenses incurred by state municipal TV and radio companies in connection with the free allocation of air time to registered candidates, electoral associations, electoral blocs, initiative groups for referendum shall be covered by current funding from the budget.

Article 41.  Terms and Conditions for Campaigning through Printed Mass Media

    Periodicals coming under the provisions of Clause 1 of Article 39 of this Federal Law and distributed in the territories wherein elections, referenda are to be held, with the exception of publications founded by bodies of state power and bodies of local self-government exclusively for publication of official reports and materials, normative and other acts shall provide spaces for materials submitted by candidates, electoral associations, electoral blocs, referendum initiative groups.  The total minimum space of this kind and the ratio between its parts provided by periodicals free of charge at the expense of their current budget financing and on a paid basis shall be established by federal constitutional laws, federal laws, laws of Subjects of Russian Federation.  Specialized publications (children’s, technical, scientific and others) may refuse to publish any propaganda materials whatsoever provided they completely abstain from any participation in the election campaign, preparation and holding of referenda.
    The provisions of Clause 1 of this Article shall not apply to periodicals founded by registered candidates, electoral associations, electoral blocs, referendum initiative groups and electoral associations comprised in electoral blocs.