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No. 20-FZ, January 10, 2003

RUSSIAN FEDERATION

FEDERAL LAW 

On the State Automated System of the Russian Federation "Vybory" 

Adopted by the State Duma on December 20, 2002

Approved by the Federation Council on December 27, 2002

The use of the State Automated System of the Russian Federation "Vybory" during the preparation and conduct of elections and a referendum is one of the guarantees of the realization of the rights of Russian Federation citizens based on the assurance of the openness, authenticity, promptness and fullness of the information about elections and a referendum.

Chapter I. General

Article 1. Sphere of Action of this Federal Law

This Federal law regulates the relations which arise when the State Automated System of the Russian Federation "Vybory" (hereafter "GAS 'Vybory'") is used in the preparation and conduct of elections and a referendum, in the course of the operation and development of GAS "Vybory" and when it is used for dealing with tasks unrelated to elections and a referendum.

Article 2. Main Terms and Concepts

1. For the purposes of this Federal Law:

2. The other terms and concepts which are used in this Federal Law in relation to the preparation and conduct of elections and a referendum have the same meaning as in the Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum."

Article 3. Legal Framework for the Use, Operation and Development of GAS "Vybory"

The legal framework for the use, operation and development of GAS "Vybory" is formed by the Constitution of the Russian Federation, the Federal Constitutional Law "On a Russian Federation Referendum," federal laws "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum," "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation," "On the Election of the President of the Russian Federation," this Federal Law, federal laws "On Information, Informatization and Protection of Information," "On Electronic Digital Signature," other federal laws, decrees of the President of the Russian Federation, resolutions of the Government f the Russian Federation, normative legal acts of the Central Election Commission of the Russian Federation.

Article 4. Main Principles of the Use, Operation and Development of GAS "Vybory"

The use, operation and development of GAS "Vybory" shall be carried out on the basis of the following principles:

Chapter II. Status of GAS "Vybory"

Article 5. Status and Purpose of GAS "Vybory"

1. GAS "Vybory" is a federal automated information system functioning on the territory of the Russian Federation.

2. GAS "Vybory" shall be used for automating information processes in the preparation and conduct of elections and a referendum, supporting the activity of election commissions, referendum commissions and dealing with tasks unrelated to elections and a referendum, in the procedure established by this Federal Law, other federal laws, normative legal acts of the Central Election Commission of the Russian Federation

Article 6. Powers of the Central Election Commission of the Russian Federation with Regard to the Use, Operation and Development of GAS "Vybory"

1. The Central Election Commission of the Russian Federation is the state customer in respect of GAS "Vybory" laying down the requirements to the use, operation and development of GAS "Vybory," subject to federal laws.

2. The Central Election Commission of the Russian Federation shall:

3. The Central Election Commission of the Russian Federation  may delegate some of its powers with regard to the use, operation and development of GAS "Vybory" to the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation.

4. Acting within the scope of its competence the Central Election Commission of the Russian Federation shall adopt normative legal acts on the issues connected with the use, operation and development of GAS "Vybory."

Article 7. Powers of Election Commissions of the Subjects of the Russian Federation, Election Commissions of Municipalities, District, Territorial Election Commissions, Referendum Commissions with Regard to the Use, Operation and Development of GAS "Vybory"

1. The Election Commission of a Subject of the Russian Federation shall:

2. Election commissions of municipalities, district, territorial election commissions, referendum commissions shall:

Article 8. Structure of GAS "Vybory"

1. The structure of GAS "Vybory" shall correspond to the system of election commissions.

2. GAS "Vybory" shall include:

3. GAS "Vybory" may include complexes of automation facilities of precinct election commissions supporting their activity, including the voting process and counting of votes in elections, a referendum.

Article 9. Federal Center of Information Technologies under the Central Election Commission of the Russian Federation

1. The Federal Center of Information Technologies under the Central Election Commission of the Russian Federation  (hereafter "Federal Center of Information Technologies") is a state institution supporting the use, operation and development of GAS "Vybory." The Federal Center of Information Technology shall be a legal entity and shall act in accordance with the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation.

2. The Federal Center of Information Technologies shall:

Article 10. Information Center of the Election Commission of a Subject of the Russian Federation

1. The information center of the election commission of a subject of the Russian Federation is a structural division of this commission, which is engaged in the operation and development of a fragment of GAS "Vybory" for the purpose of:

2. The information center of the election commission of a subject of the Russian Federation shall act on the basis of  normative legal acts of the Central Election Commission of the Russian Federation, normative legal acts of the election commission of the subject of the Russian Federation, organizational, normative, technical and methodological documents of the Federal Center of Information Technologies.

Article 11. System Administrator

1. The system administrator shall organize and manage operation of the complex of automation facilities in an election commission, referendum commission.

2. System administrators who organize operation of complexes of automation facilities in election commissions, referendum commissions of the subjects of the Russian Federation, territorial election commissions, referendum commissions shall be employees of the information centers of election commissions of a subject of the Russian Federation and civil servants of a subject of the Russian Federation.

3. A system administrator who organizes operation of the complex of automation facilities in a district election commission for elections to the federal bodies of state power, bodies of state power of the subjects of the Russian Federation, bodies of local self-government shall work under a labor contract concluded for a definite term with a relevant election commission of a subject of the Russian Federation for the period of election campaign.

4. A system administrator shall be trained and retrained for the right to operate a complex of automation facilities and shall receive an appropriate certificate, subject to the procedure established by the Federal Center of Information Technologies.

Chapter III. Legal Force and Authenticity of Documents Prepared with the Use of GAS "Vybory"

Article 12. Conditions for Imparting Legal Force to Documents Prepared with the Use of GAS "Vybory"

1. A paper document prepared with the use of GAS "Vybory" in accordance with federal laws shall acquire a legal force after it is signed by appropriate officials.

2. An electronic documents prepared with the use of GAS "Vybory" shall acquire legal force after an electronic digital signature is applied thereto by appropriate officials.

3. A protocol, summary table of vote returns, other summary documents prepared in the electronic form with the use of GAS "Vybory" shall acquire legal force in the procedure set forth in Clause 2 of this article after mandatory verification of the authenticity of all primary electronic documents on the basis of which the summary electronic document was prepared, with said verification to be carried out in the established procedure by means of public keys of electronic digital signatures.

Article 13. Arrangement to Ensure Authenticity of Documents Prepared with the Use of GAS "Vybory"

1. Data shall be entered in GAS "Vybory" from paper documents and from electronic documents electronically signed by appropriate officials.

2. The entry of data in GAS "Vybory" from paper documents results in the formation of an electronic document to which electronic digital signatures shall be applied by appropriate officials. The correspondence of data of the electronic document to the data of the paper document shall be confirmed by a computer printout to be signed by appropriate officials and filed together with the reporting documentation. The entry of data in GAS "Vybory" and formation of an electronic document bearing electronic digital signatures shall be registered in a special log.

3. An electronic document shall be transmitted to the higher election commission, referendum commission with the use of GAS "Vybory" only after the authenticity of electronic digital signatures on each document to be transmitted is verified with the aid of public keys of electronic digital signatures. The verification results shall be confirmed by a computer printout of the verification protocol. This printout shall be duly signed by appropriate officials and filed with the reporting documentation. Transmission of data to the higher election commission, referendum commission shall be registered in a special log by the lower election commission, referendum commission.

 4. The authenticity of electronic digital signatures on each electronic document received by the higher election commission, referendum commission from a lower election commission, referendum commission shall be verified with the aid of public keys of electronic digital signatures. Verification of the authenticity of the received electronic documents shall be confirmed by a computer printout of the verification protocol. This printout shall be duly signed by appropriate officials and filed with the reporting documentation. The verification shall be also registered in a special log.

5. The lists and formats of documents to be entered in GAS "Vybory," processed by GAS "Vybory" and retrieved from GAS "Vybory", the procedure for the execution, presentation, transfer and receipt of these documents, the procedure for the application of an electronic digital signature shall be established by federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

Chapter IV. Complexes of Automation Facilities and Information Resources of GAS "Vybory"

Article 14. Legal Regime of the Property Comprised in Complexes of Automation Facilities

1. The property comprised in complexes of automation facilities, which has been created or acquired at the expense of federal budget funds, shall be federally owned.

2. The Federal Center of Information Technologies shall, under a gratis use agreement, transfer the property comprised in complexes of automation facilities to election commissions of the subjects of the Russian Federation, in the composition and quantity required for dealing with the tasks of GAS "Vybory" on the territory of the given subject of the Russian Federation.

3. Changes in the composition of the property comprised in complexes of automation facilities (expansion, upgrading, replacement of separate parts, elements and other changes) shall be made by a decision of the Federal Center of Information Technologies, provided such changes do not affect the integrity and serviceability of the fragment of GAS "Vybory" and GAS "Vybory" as a whole.

4. The record-keeping procedure for the property comprised in GAS "Vybory" shall be established by federal laws and normative legal acts of the Central Election Commission of the Russian Federation.

5. Copyrights on the software and databases of GAS "Vybory" shall be regulated by federal laws.

Article 15. Arrangements for Setting-up and Operation of Complexes of Automation Facilities

The bodies of executive power of the subjects of the Russian Federation, bodies of local self-government and the officials of these bodies (at the place where complexes of automation facilities are to be set up) shall make arrangements for provision, under a gratis use agreement, of premises, equipped with means of communication and power supply systems, to an election commission, referendum commission to set up and operate complexes of automation facilities; for guarding of these complexes; for safe storage and operation of these complexes, subject to relevant standards.

Article 16. Composition of Information Resources of GAS "Vybory"

The information resources of GAS "Vybory" shall include:

Article 17. Legal Regime of Information Resources of GAS "Vybory"

1. The information resources of GAS "Vybory" shall be state property regardless of the level and method of their formation and utilization.

2. The information resources of GAS "Vybory" containing personal data shall be federal information resources regardless of the level and method of their formation. The information resources of GAS "Vybory" containing personal data shall be formed, stored and used under the conditions of confidentiality in the procedure established by this Federal Law, other federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

3. The information resources of GAS "Vybory" which do not contain personal data and are formed at the expense of federal budget funds shall be federal information resources. Federal information resources shall also include the information resources of GAS "Vybory" which do not contain personal data and are formed at the expense of federal budget funds and budget funds of a subject of the Russian Federation in the conduct of elections to the federal bodies of state power and a referendum of the Russian Federation. The procedure for the formation, transfer, copying, duplication and storage of said federal information resources, for the access thereto and their use shall be established by the Central Election Commission of the Russian Federation.

4. The information resources of GAS "Vybory" which do not contain personal data and are formed at the expense of the federal budget and budget funds of a subject of the Russian Federation, save the information resources of GAS "Vybory" formed in the conduct of elections to federal bodies of state power, a referendum of the Russian Federation, shall be under joint jurisdiction of the Russian Federation and the subject of the Russian Federation and shall be information resources under joint jurisdiction. The procedure for the formation, transfer, copying, duplication and storage of information resources under joint jurisdiction, for the access thereto and their use shall be established by the Central Election Commission of the Russian Federation with the concurrence of the election commission of the subject of the Russian Federation.

5. The information resources of GAS "Vybory" which do not contain personal data and are formed at the expense of budget funds of a subject of the Russian Federation shall be information resources of the subject of the Russian Federation. The procedure for the formation, transfer, copying, duplication and storage of information resources of a subject of the Russian Federation, for the access thereto and their use shall be established by the election commission of the subject of the Russian Federation.

6. The work on the formation, transfer, copying, duplication and storage of the information resources of GAS "Vybory", provision of the access thereto shall be carried out by the Federal Center of Information Technologies, information centers of election commissions of  the subjects of the Russian Federation, district, territorial election commissions, referendum commissions, in the procedure established by this article.

7. Should the integrity of the information resources of GAS "Vybory" be broken or any component part (parts) thereof be lost or if the contents of such information resources are distorted, relevant election commissions, referendum commissions and information centers of election commissions of the subjects of the Russian Federation shall take measures to restore the lost part (parts) and contents of the information resources at the expense of the party at fault, which is to be identified in the procedure established by federal laws.

Article 18. Access to Information Resources of GAS "Vybory"

1. The right of access to the information resources of GAS "Vybory" containing personal data shall be exercisable by:

2. The right of access to the information resources of GAS "Vybory" of all levels, which do not contain personal data, shall be exercisable by members and personnel of the Central Election Commission of the Russian Federation, personnel of the Federal Center of Information Technologies.

3. The procedure to be followed by the persons indicated in this article and other users when accessing the information resources of GAS "Vybory" shall be established by normative legal acts of the Central Election Commission of the Russian Federation and normative legal acts of election commissions of the subjects of the Russian Federation, depending on the level of elections.

Chapter V. Development of GAS "Vybory." Use of GAS "Vybory" for Tasks Unrelated to Elections and a Referendum

Article 19. Development of GAS "Vybory"

1. The issues relating to the development of GAS "Vybory" with due regard for its effective linking with state, departmental and other information and telecommunications systems shall be dealt with under state programs approved by the Government of the Russian Federation and measures carried out by the Central Election Commission of the Russian Federation within the limits of the funds allocated for these purposes.

2. Linking of GAS "Vybory" with the information and telecommunications systems of the chambers of the Federal Assembly of the Russian Federation shall be carried out with the concurrence of the Central Election Commission of the Russian Federation under state programs approved by the Government of the Russian Federation.

Article 20. Use of GAS "Vybory" for Tasks Unrelated to Elections and a Referendum

1. GAS "Vybory" may be used for tasks unrelated to elections and a referendum subject to federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

2. The procedure for the use of complexes of automation facilities, information resources of GAS "Vybory", means of communication, other facilities supporting GAS "Vybory" by bodies of state power, government agencies, bodies of local self-government and other organizations to deal with tasks unrelated to elections and a referendum shall be established by federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

3. GAS "Vybory" shall be used for such tasks with strict observance of the priority of functions ensuring the preparation and conduct of elections and a referendum, on the following main conditions:

Chapter VI. Information Security in GAS "Vybory" and Supervision Over the Use of GAS "Vybory"

Article 21. Arrangements to Ensure Information Security in GAS "Vybory"

1. Information security in GAS "Vybory" shall be ensured by means of organizational and technical protection measures and by supervision over the use of GAS "Vybory."

2. The main protection measures shall provide for:

3. Information security measures in GAS "Vybory" shall be carried out by organizations licensed for relevant kinds of activity.

Article 22. Use of Communications Networks in GAS "Vybory"

1. Information exchange in GAS "Vybory" shall be carried out with the use of the resources of the public communications network, departmental and other comminations networks, in the procedure established by federal laws.

2. The operators of communications networks used for information exchange in GAS "Vybory" shall be responsible for the quality of the provided services, subject to federal laws.

Article 23. Supervision over the Use of GAS "Vybory"

1. When GAS "Vybory" as a whole, its fragments, complexes of automation facilities are to be used for the preparation and conduct of elections, a referendum, an election commission, referendum commission shall form a team to supervise the use of GAS "Vybory", its fragment , a complex of automation facilities (hereafter "supervisory team"). The supervisory team shall include voting and non-voting members of the given election commission, referendum commission. The supervisory team shall elect one of its member to be head of the supervisory team.

2. The supervisory team shall exercise control over compliance with Russian Federation laws on elections and a referendum, other normative legal acts regulating the use of GAS "Vybory."

3. The supervisory team shall be entitled to:

4. When discovering wrongful actions (omissions) and other infractions of the personnel operating complexes of automation facilities in the given election commission, referendum commission the supervisory team shall immediately inform the chairman of the election commission, referendum commission of these facts and shall make proposals as to how they are to be corrected. The checkups carried out by the supervisory team shall be recorded in the reporting documentation of the information center.

5. Observers and members of the press shall be allowed access to the premises of the information center by a decision of the chairman of an election commission, referendum commission agreed with the head of the supervisory team.

6. In the period between elections and a referendum supervision over operation of complexes of automation facilities shall be carried out by relevant election commissions.

Article 24. Responsibility for Violations of this Federal Law

1. Members of election commissions, referendum commission, personnel of election commissions, referendum commissions, including personnel of information centers of election commissions of the subjects of the Russian Federation, other persons who participate in technological processing of the information contained in GAS "Vybory" and have the right of access to the information resources of GAS "Vybory," other persons who unlawfully interfere or attempt to interfere in the operation of GAS "Vybory" shall bear disciplinary, administrative, criminal or financial responsibility in accordance with federal laws.

2. Persons who have the right of access to the information resources of GAS "Vybory," including the personal data, who receive and use this data shall bear responsibility for the violation of the rules for protection, processing and use of this information in accordance with federal laws.

3. Decisions and actions (omissions) of bodies of state power, bodies of local self-government, their officials, as well as decisions (omissions) of election commissions, referendum commissions and their officials, system administrators which resulted in the infringement of the rights and lawful interests of citizens may be appealed to a court.

Chapter VII. Funding of GAS "Vybory"

Article 25. Funding of the Use, Operation and Development of GAS "Vybory"

1. Allocations for the use, operation and development of GAS "Vybory" shall be provided for in the federal law on the federal budget for the coming financial year, the law of a subject of the Russian Federation on the budget of the subject of the Russian Federation for the coming financial year, the normative legal act of the body of local self-government on the local budget for the coming financial year.

2. Expenditures on the use, operation and development of GAS "Vybory" for the informational support of the preparation and conduct of elections and a referendum of the appropriate level shall be financed from the federal budget, budget of a subject of the Russian Federation, local budget.

3. Expenditures on the joint use, operation and development of GAS "Vybory," including maintenance of system administrators, shall be financed from the federal budget in the procedure established by the Central Election Commission of the Russian Federation and from the budget of a subject of the Russian Federation.

4. Expenditures on the use of the property comprised in GAS "Vybory" and its other resources for tasks unrelated to elections ands a referendum shall be paid by users under agreements to be concluded between the Federal Center of Information Technologies and the users.

V. PUTIN

President of the Russian Federation

Moscow, Kremlin

January 10, 2003

No. 20-FZ