Criminal Liability for Violating Electoral Legislation (2020 - First Half of 2024)

Electoral crimes pose a significant social threat, as they undermine the foundations of the constitutional order (Article 3 of the Russian Constitution) and the sovereignty of the Russian people. However, the punishment for these crimes can be characterized as relatively mild - typically up to three years of imprisonment, and sometimes up to five years. In practice, most cases end favorably for the accused, often resulting in a court-imposed fine.

The movement for the defense of electoral rights "Golos" has conducted a study of Russian judicial practice in criminal prosecution for violations of electoral legislation from 2020 to 2024, covering 29 regions of the Russian Federation.

• In the period from 2020 to 2024, compared to 2018-2019, there was an increase in the proportion of decisions sentencing defendants to imprisonment instead of imposing fines, from 30% of defendants in 2019 to 100% in 2023.
• At the same time, however, the number of people brought to trial has decreased significantly: from 72 in 2019 to only eight in 2023. The number of electoral commission members facing criminal charges has also decreased.
• Voters accused of breaking the law face harsher penalties than those imposed on fraudulent election commission members or officials. Prior to 2020, penalties for voters were more lenient.
• It can be concluded that the Russian state has shifted its focus from combating falsifiers to targeting ordinary citizens - especially voters. The adoption of amendments limiting the ability of citizens to observe voting and counting procedures, as well as the criminal case against Golos co-chair Grigory Melkonyants, coincided with a decrease in the number of criminal cases initiated and prosecutions of members of election commissions.
• Particular attention in 2024 is drawn to incidents of burning of voting premises and ballot tampering in the March 2024 elections. The courts showed no leniency and prosecuted all those involved. Based on the verdicts handed down within five months after the elections, the state faced the activities of an “organized criminal group” in the 2024 presidential elections. However, apart from those arrested at the polls, none of the other members of this alleged criminal group have ever been identified; all case files refer to them as "unidentified individuals". It is unclear how the state plans to prevent such incidents in the future.
• Makers and organizers of electoral crimes remain unpunished. This lack of consequences encourages the continuation of criminal activities in future elections and demonstrates a lack of commitment on the part of law enforcement to combat mass electoral crimes.

Read more in our report (in Russian)