‘Map of violations’: bribery with diapers, record-breakers in misusing administrative resources and PEC members abusing their power
by Olga Danilova
‘Golos’ continues to monitor violations during the run-up to the Single Election Day, 18 September 2016.
From 10 to 17 August the ‘Map of violations’ received 118 reports. The most popular violation has been the misuse of administrative resources for the benefit of particular candidate. The rights of opposition candidates have been violated as before – from the actual ban on campaigning to the law enforcement agencies actions against them.
Samara is the top region by number of violations. ‘Golos’ shared information about the most egregious violations of the electoral law.
Misuse of the media
TV as means to strive against disloyal candidates
Television and press were turned into means for illicit PR of pro-government candidates as well as for denigrating their competitors. The TV channel ‘Russia-1’ on the programme ‘Vesti-Moskva’ broadcasted a video footage on the pre-election battles in the capital. One the one hand, the candidates for the State Duma nominated by the ‘United Russia’ are presented in a favourable light: Petr Tolstoy is protecting the Zhulebinsky forest, Gennady Onishchenko is fighting against energy drinks. Both are interviewed. On the other hand, their opponents Valery Rashkin (CPRF), Nikolai Lyaskin (‘PARNAS’) and Dmitry Gudkov (‘Yabloko’) are shed in negative light. The footage implies that Rashkin allegedly has used force to oust mothers with children from a playground to hold a rally. Cooperation with the Western experts of political technology and cooperation with US is attributed to Gudkov. Lyaskin is reminded of criminal charges for fraud against him, without informing that in the investigation of this criminal case has been lasting for one and a half year, and still no victims are identified. The position of candidates, who are shown in a negative light, was not presented.
In Kostroma, the broadcasting company ‘Rus’, founded by the administration of Kostroma region, was in particular zealous. On August 14, the company uploaded on its website campaign related footages with headlines ‘Deepest gratitude from ordinary people!’ and ‘I love this country!’ beneficial to ‘United Russia’ and its candidates Vladimir Vasilyev and Alexei Sitnikov. The electoral funds of candidates or party were not used for the production of footage. Moreover, the TV channel has released several negative footages on the signature gathering. One covers the conflict between the persons collecting signatures and the candidates. The another - the illicit exposure of personal data to the persons collecting signatures. In addition, the ‘Rus’ has shared online a series of stories about the pseudo-collectors who commit illicit actions, calling on the residents of the region to do not open the door to the signature collectors to avoid signing anything.
An independent candidate running for the Election to State Duma in the constituency No. 107 Nikolai Pakin accused the TV channel of hindering the signatures gathering and filed a respective complaint to the chairwoman of the CEC Ella Pamfilova and Kostroma regional election commission. According to Pakin, out of four independent candidates running for the Election to the State Duma from Kostroma region only three managed to submit the signatures. Pakin himself did not manage: according to the complaint, he failed to collect the required number of signatures due the negative information spread by the broadcasting company ‘Rus’. ‘People no longer open the door to our signature collectors after the release of ‘Rus’ footages. Moreover, Kostroma residents who were in particular ‘impressed’ by these footages even called the police’, - said Nikolay Pakin. The former candidate requires to bring charges against the TV channel and, in addition, he intends to require an extension of deadline for submitting signatures to regional election commission.
News agencies – in support of Onishchenko
From 10 to 17 August the ‘Map of violations’ received 26 notifications concerning the violations of rules on use of media for campaigning.
Basically we are talking about campaigning communication under the guise of positive news. For example, on August 9, in Voronezh streets, boys and girls were distributing free of charge 50 thousand copies of newspaper ‘Komsomolskaya Pravda – Voronezh’, encompassing an article in which a UR candidate running for election in the Voronezh constituency No. 87 Arkady Ponomarev promised to limit the rise in product prices. Usually, the newspaper ‘Komsomolskaya Pravda – Voronezh’ publishes 11 thousand copies that are available at newspaper kiosks for 15 rubles per copy. Approximately at the same time Ponomarev was distributing Orthodox calendar for campaigning purposes without sharing with the public the data proving the respective expenses were covered from the electoral fund of the candidate.
This illicit method is misused by the majority of pro-government candidates. Moreover, in this field even record-breakers could be identified. In our last publication we spoke about the candidate running for Election to the State Duma in the single-member constituency No. 206 Gennady Onishchenko, who did not meet law requirements while paying for publishing his campaigning materials on the website of the state news agency TASS. This time it was another national online news agency ‘RIA Novosti’, which since 12 July six times has published campaigning materials in support of United Russia candidate. In four out of six of these cases Onishchenko, who has already held the office of the head of Federal Service for Supervision of Consumer Rights Protection and Human Welfare for more than two years, presents himself as a health and recreation expert (e.g., ‘Gennady Onishchenko: hepatitis remains the most dangerous infection in the world’). The other two publications pertain to the campaign of the candidate.
‘Golos’ would like to pay attention to the RIA Novosti publications attributed to the campaign. According to the paragraphs 5, 6, 8, 9 and 11 of Article 50 of Federal Law No. 67, the service providers rendering services such as publication of campaign materials to registered candidates must provide equal conditions of payment for services to all registered candidates. The requirements concerning the amount and other conditions applied for such payment shall be published online by news agency not later than 30 days after the announcement of election. The agency is obliged to keep records of the volume and cost of each service provided. The services are provided in accordance with the contract signed between an agency and a candidate. Apparently these rules have been violated, both by the agency, as well as by the candidate Onishchenko.
PEC member is collecting signatures
The independent candidates standing for election in single-member constituencies who embrace administrative resources often use it to facilitate the signature gathering.
Our last publication was about the former Minister of Culture of Yakutia, who was collecting signatures at his former office. Within the observation period ‘Map of violations’ has received several reports concerning members of election commissions being involved in signature gathering in support of a particular candidate.
In the Yaroslavl region, as many as 77 members of precinct election commissions (PECs) has violated the law by engaging in signature gathering in support of the candidate Mikhail Krupin, the Regional Commissioner for Children's Rights, who is running for election in the constituency No. 195. Voting or non-voting election commission members were engaged, as well as secretaries and chairmen of election commissions. The violation was disclosed during the process of signature verification. On this basis, on 10 August, the regional election commission refused the registration of candidate Mikhail Krupin. The illicitly collected signatures were invalidated and all the members of precinct election commissions, who involved in signature gathering in support of the candidate would face administrative charges and be dismissed.
The range of penalty for such an offence varies from 1 to 2 thousand rubles. A member of the Yaroslavl regional election commission Vitaly Sokolov noted that many of the perpetrators pertain to the local administration who were collecting signatures at the workplace during their working hours. Krupin himself, who attended the meeting of the regional election commission, stated, the persons engaged in signature gathering allegedly did not know they as well held the office of PEC member.
A similar case was reported in Kostroma region, where 27 PEC members were involved in signature gathering in support of the current State Duma MP, the candidate of ‘Just Russia’ Roman Vanchugov. Now things are sorted out, the perpetrators leave the office: more than 20 staff members initiated termination of their contracts. However, unlike the Yaroslavl case, in Kostroma, the candidate Vanchugov claims that the story about the illicit signature gathering is a deliberate provocation against him and he has already filed a complaint with the CEC.
In Tomsk region, the PEC chairwoman has been collecting signatures in support of the independent candidate, a member of the regional ONF headquarters Sergei Zhabin. The chairwoman refers to this statement as a provocation. The chairperson was suspended from work in PEC and the evidence was passed on to the law enforcement.
In Chuvashia, two members of the precinct election commissions were also reported for collecting signatures in support of the independent candidate Oleg Nikolaev.
Members of precinct election commissions do not have the right to participate in the political race. Part 10 of Article 45 of the Federal Law ‘On elections of deputies of the State Duma of the Russian Federation’ prohibits the voting members of election commissions to engage in signature gathering.
Administrative resources in campaign rallies
In Samara teachers engaged in campaign
In Samara region, the village Borskoye, teachers were asked to engage in the campaign in support of ‘the governor’s team’. The main message is: ‘No vote for United Russia, no money’. The governor Nikolai Merkushin is running for the regional parliament.
The information concerning teachers engaged in the campaign was reported in Otradny town and the capital of the region.
In Altay, administrative resources vs. ‘Yabloko’
In Altai region, ‘Yabloko’ candidate Vladimir Ryzhkov is running for the State Duma, thus systematic efforts are put forward to disrupt the election campaign of the party. On 8 August, the regional administration denied ‘Yabloko’ application for holding rally ‘For yours and our freedom!’, scheduled for August 21. It was planned that the demonstrators will march on the streets of Barnaul. According to the press service of ‘Yabloko’, Barnaul administration also denied 30 out of 36 campaign cubes. Instead of requested locations for the demonstration, the administration has proposed the opposition to rally in locations inconvenient for campaigning.
Ryzhkov himself tells about attempts of local administration to preclude his meetings with voters, as civil servants are prohibited to attend these meetings; moreover, the administration puts pressure on the facilities managers to disrupt the events.
Read the article of regional ‘Golos’ expert Stanislav Andreychuk where he shares a detailed review of the pre-election situation in the Altai region (rus)
Power methods are gaining momentum
Continuing physical attacks on candidates running for the representative bodies of federal, regional and local authorities are reported. From August 10, the ‘Map of violations’ has received five reports on use of force against the persons engaged in campaigning.
On August 10, Mikhail Kasyanov and Andrei Zubov were attacked in Stavropol, who hold the top positions on the party list of ‘Parnas’ in the election to the State Duma. According to Zubov, they were attacked near the hotel ‘Continent’, where candidates’ meeting with voters had to take place. They were attacked by 20-30 persons and, according to the victims, it was a group of Cossacks and representatives of National Liberation Movement which migrates from one town to another to disturb the opposition events. They tried to hit Mikhail Kasyanov several times and torn his shirt. Police failed to suppress the hooligans, since only two law enforcement officers were assigned to ensure security during the event.
Last week, the volunteers of ‘Parnas’ candidate Andrei Shalnev for the State Duma in the single-member constituency Sergiev-Posad were attacked. On 10 August, in the Korolev city the supporters of candidate for the State Duma were attacked by unknown young men. The incident took place while the activists were preparing for the rally in support of Shalnev. The representatives of the candidate filed a complaint with the police.
Within the discussed time period, candidates as well experienced pressure of law enforcement bodies.
On 12 August, in Moscow, the candidates for the State Duma Konstantin Jankauskas (‘Parnas’), Julia Galyamin and Michail Peskov (‘Yabloko’) were illegally detained at a meeting with mothers who were on a hunger strike in an effort to request improvement of living conditions. Candidates and several other persons were forced into a prisoner transport vehicle to be taken to the police station ‘Meshanskoye’, where they were held for three hours, resulting in a protocol on detention and, finally, release of the detainees.
According to the law, only under a prosecutor’s decision registered candidates for the State Duma can be detained, whereas the official was not present at the scene. Thus, according to the candidates, the police committed a crime under the article on hindrance to exercise citizen electoral rights. They intend to file a complaint with the Investigation Committee.
A day later, on 13 August, in Reutov near Moscow, the ‘Yabloko’ candidate for the Duma of Moscow Region Eugene Kurakin was detained. On that day, he attempted to access the place where the governor of the Moscow region Andrei Vorobyov was meeting the citizens at the Reutov pond. However, at the entrance Kurakin was stopped by the police and was told that he must be brought to police station for being questioned as a victim in a six months old criminal case. Kurakin had to spend several hours at the police station, then he was forced into a police car and driven outside the Moscow Ring Road. Afterwards he was brought to narcological clinic for check-up and later on back to the police station. Only when the governor left the city, the candidate was released. The police officers did not hold regional prosecutor’s decision authorizing detention of a candidate.
Vote for diapers
In the regions, many candidates keep on trying to influence the voters with all kinds of gifts.
For example, MP and registered candidate for Pskov Regional Assembly in the single-member constituency No. 11 Victor Ostrenko initiated humanitarian aid for Pechora orphanage - the delivery of diapers. These actions are illicit under the current legislation, namely, Paragraph 5 of Art. 52 of the Electoral Code of the Pskov region.
On 10 August, the chairman of the Samara Regional Duma and registered ‘United Russia’ candidate, Viktor Sazonov, invited the public sector to the ‘Forum of socio-economic development of the districts’ and gave gift sets to the teachers of his constituency.
The governor of the Samara region Nikolai Merkushkin, UR candidate for the regional parliament, distributes food packages with the newspaper of the regional government ‘Volzhskaya komuna’ placed inside, disseminating information on the role of Merkoushkin in the region.
A 'gift' from the governor. Photo: Pavel Turkov‘Golos’ reminds that Paragraph 2 of Article 56 of the Federal Law ‘On Basic Guarantees of Electoral Rights ...’ No. 67-FZ prohibits candidates giving any gifts to voters during election campaign. Other persons on behalf of candidate (and/or campaigning to vote for any candidate or party) are also prohibited to do so. From 10 to 17 August ‘Map of violations’ registered 11 cases of bribing voters.
‘Map of violations’ Statistics – from 10 to 17 August
Statistics on violations: *
- Misuse of administrative resources for the benefit of candidate – 67.
- Violations of the rights of candidates – 33.
- Violations of the rules on outdoor campaign – 29.
- Violations of the rules on use of media for election campaign – 26.
- Crimes – 11.
- Bribing voters – 11.
- Abuse of power by law enforcement – 8.
- Administration pressure on voters – 7.
* The same conduct can result in several violations.
Top regions by number of violations:
- Samara region – 29.
- Altai region – 17.
- Chuvashia – 9.
- Voronezh region – 7.
- Moscow – 6.
We would like to remind the ‘Map of violations’ publishes information on violations of the election laws. Crowdsourcing is embraced as information gathering method: observers, voters, commission members may report on violations observed during the election campaign and at polling stations on the polling day filling in the online form or contacting the hotline 8 800 333-33-50. Posts are pre-moderated.
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