Falsification of election documents, referendum documents...

Falsification of election documents, referendum documents

(in the amended version of Federal Law No. 94-FZ of 04.07.2003)

1. Falsification of election documents, referendum documents, if this act was committed by a member of an election commission, a referendum commission, an authorized representative of an electoral association, a group of voters, an initiative group for holding a referendum, another group of referendum participants, as well as a candidate or an authorized representative , -

is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to two years, or by forced labor for up to four years, or by imprisonment for the same period. strong> (as amended by Federal Law No. 420-FZ of 07.12.2011, dated 10/07/2012 Kya 106-FZ). 2

2. Forging the signatures of voters, referendum participants in support of the nomination of a candidate, the list of candidates nominated by the electoral association, the initiative to hold a referendum or the confirmation of deliberately forged signatures sheets) committed by a group of persons by prior agreement or by an organized group, or combined with bribery, coercion, use of violence or the threat of its use, as well as destruction of property or the threat of its destruction, or entailing a significant violation rights and legitimate interests of citizens or organizations or the interests of society or the state protected by law , -

is punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or forced labor for a period of up to three years, or imprisonment for the same period (as amended by Federal Law No. 420-FZ of 07.12.2011, dated 10.07.2012 No. 106 -F3).

3. Illicit manufacture, as well as storage or transportation of illegally produced ballots, ballots for voting at a referendum, absentee certificates -

is punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or forced labor for up to three years, or imprisonment for the same term (as amended by Federal Law No. 420-FZ of 07.12.2011, No. 106-FZ of 10.07.2012) .

1. Falsification of election documents or referendum documents encroaches on the implementation of the principle of democracy. Responsibility for such an attack is established art. 1421 of the Criminal Code.

The crime subject is determined by special laws, for example, Federal Law No. 51-FZ of May 18, 2005 "On Elections of Deputies of the State Duma of the Federal Assembly of the United States" (as amended on 02.07.2013), as of 10.01.2003 No. 19-FZ "On the Elections of the President of the United States" (as amended on 07/05/2013), etc.

2. From the objective side the crime provided for by Part 1 of the article is the falsification of election documents, referendum documents.

Falsification of election documents (referendum documents) may consist in cleaning up, making false entries, supplementing them with nonexistent data, substituting documents and other data corruption.

3. The objective side of the offense provided for in Part 2 of the article under consideration is the implementation of alternative actions: 1) forging the signatures of voters, referendum participants in support of the nomination of a candidate, the list of candidates nominated by the electoral association, the initiative to hold a referendum; 2) certification of deliberately forged signatures (subscription lists).

In order to have an objective side of this crime, at least one of the following circumstances is necessary: ​​1) committing an act by a group of persons by prior conspiracy or by an organized group, 2) bribery,

3) coercion, 4) the use of violence or the threat of its use, 5) the destruction of property or the threat of its destruction.

As an alternative to the method of committing a crime, the legislator provides for socially dangerous consequences in the form of a significant violation of the rights and legitimate interests of citizens or organizations or the interests of society or the state protected by law.

A significant violation of these rights and legitimate interests is a valuation concept. Such a violation may consist in inflicting property damage on a large scale, in disrupting an election campaign or a referendum campaign, in disrupting the activities of a public authority or local government, in undermining the business reputation of a citizen, organizing, mass violation of the rights of citizens,

4. Objective party of the offense provided for in Part 3 of the commented article is expressed in the following illegal actions: 1) manufacturing, 2) storage, 3) transportation of illegally manufactured ballots, ballots for voting in a referendum.

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5. The composition of the crime in question is formal, with the exception of the alternative material specified in part 2 of the article of the material composition ..

6. The subjective side is characterized by guilt in the form of direct intent (with formal composition) and direct or indirect intent (with material composition ).

7. The subject of the offense provided for in Part 1 of the article being commented is special, and part 2 and 3 - common - sane person who has reached the 16- old age. When committing a crime by certifying fake signatures (subscription lists) the subject - special. They can only be a person authorized to certify the signatures (signature sheets) of persons.

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