DOT Non-CDL Driver Qualifications: Checklist of Requirements
To maintain registration with the US Department of Transportation (DOT), commercial motor vehicle carriers must keep driver qualification files for their drivers, including non-CDL drivers.
Learn why a driver qualification file is important, what records to keep, and how often to update the information to stay in compliance. Our DOT non-CDL driver qualification checklist can help.
Commercial motor vehicle carriers registered with the US Department of Transportation (DOT) have to comply with many regulations to maintain their DOT registration. This includes maintaining driver qualification files (DQFs) for the drivers you employ.
The Federal Motor Carrier Safety Administration (FMCSA), the DOT arm that oversees commercial motor vehicle safety, requires DQFs from every new carrier as part of the new-entrant safety audits they perform. If you pass the audit, your DOT registration becomes permanent. If you fail, your registration will be revoked, and your business won’t be allowed to operate until you correct the safety problems specified by the FMCSA.
Even after you’ve obtained your DOT registration, you’ll need to maintain DQFs in case of an audit. This article will explain what a driver qualification file is, when a DQF is needed for non-CDL drivers, and what records to keep in the DQF.
What Is A Driver Qualification File (DQF)?
A Driver Qualification File (DQF) is a record the FMCSA requires motor carriers to maintain for each driver (including owner-operators who drive commercially). The documentation the DQF contains helps to prove that the driver is qualified to drive a commercial vehicle safely.
Within the first 12 months of operation, new motor carriers must pass a new-entrant safety audit. The DQF is among the documentation you’ll have to submit as part of that audit. You must also maintain a DQF for each driver on an ongoing basis and be prepared to provide it in case of future audits.
What Is Required To Keep In A DOT Driver Qualification File?
The DQF should contain records documenting the driver’s qualifications, including their employment application and prior employment verification, state motor vehicle records, road test certification, medical exam and certificate of examination, and an annual list of violations.
If you think a DQF is only necessary for drivers who hold a commercial driver’s license (CDL), you’re not alone; this is a frequent point of confusion. In reality, you must also keep a DQF for your non-CDL drivers if their vehicles meet certain weight criteria.
Interstate non-CDL drivers of vehicles that have a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW) or gross combination weight rating (GCWR) between 10,001 and 26,000 pounds require a DQF. (Once a vehicle reaches 26,001 pounds, a CDL is required in order to drive it.)
A DQF is also needed regardless of vehicle weight if an interstate non-CDL driver is:
- Transporting hazardous materials as defined by the Hazardous Materials Transportation Act
- Transporting more than 8 people (including the driver) for compensation, or
- Transporting more than 15 people (including the driver) with no compensation.
Intrastate non-CDL drivers may have different weight criteria, because state regulations sometimes differ from FMCSA regulations. For example, states may have different weight limits than those set by the FMCSA or may exempt certain drivers from some DQF requirements. Contact the state agency that regulates commercial motor vehicles to find out what rules apply in your state.
What Are The DOT Requirements For Non-CDL Drivers’ DQF?
This list makes it easy to quickly understand what the DOT requirements for non-CDL drivers’ DQF are, and reflect the requirements as outlined in Section 391. 51 of the Federal Motor Carrier Safety Regulations for driver qualification files:
- Driver’s employment application
- State motor vehicle record (MVR) at time of hire
- Verification of past employment
- Road test certification
- Medical exam and certificate of exam
- Annual MVR
- Annual list of violations
Much of this information will be data you’ve already gathered for new hires as part of your DOT background check, but some information requires ongoing updates.
Driver’s employment application (§ 391.21)
You must include a copy of the driver’s employment application in the DQF and keep it there during the period of the driver’s employment and for three years after they stop working for your company. Your employment application needs to include all the information required by FMCSA regulations. To be sure your application form is in compliance, see § 391.21 for the information to include, or just use the sample application that’s part of the FMCSA’s New Driver Application Package.
State Motor Vehicle Record (MVR) at time of hire (§ 391.23)
When you hire a non-CDL driver, you need to get a motor vehicle record from each state where the applicant has held a driver’s license or permit within the last three years. This information must be collected and added to the DQF within 30 days of the driver’s hire date.
To get the MVR reports, contact each driver licensing agency or agencies in the relevant states. Each agency may have its own preferred method for requesting the MVRs; you can usually find this on their website. When you contact them, be sure to specify exactly where you want the information sent.
You may be able to save yourself time—and headaches—by using a third-party service that conducts motor vehicle record searches, such as GoodHire, to obtain copies of an applicant’s driving record from state agencies. However, you’re still responsible for making sure the information is accurate.
If you don’t receive an MVR from the state/s you contact, be sure to document in the DQF that you made a good faith effort to get the information and certify that the driver doesn’t have a record in that state.
Verification of past employment (§ 391.23)
Whenever you bring a new driver on board, you must investigate their previous safety record with every DOT-regulated employer they worked for in the previous three years, and document what you learn in the driver’s qualification file.
Start by having the applicant fill out a release form authorizing you to request their records and safety performance history from prior employers; keep a copy of that release form in the DQF. Once you have the signed form, you or a third-party service that you authorize to verify past employment can contact employers by phone, email, letters or even in person; just make sure you document every attempt to contact each employer.
At minimum, you must ask previous employers for:
- General driver identification information and verification of past employment
- Accidents, including details if former employer provides them
- Whether the driver violated any of the alcohol and controlled substances prohibitions in § 382 or § 40
Document all responses you receive in the DQF. Drivers who disagree with what a previous employer says about them can use a Safety Performance History Information Driver/Applicant Correction Request or Rebuttal form to dispute the information with that employer. Be sure to add a copy of this form to the DQF.
Road test certification (§391.31) or other acceptable certificate (§391.33)
In order to drive a commercial vehicle, drivers must take a road test and receive a certificate showing that they passed. The test can be given by your company or another testing organization you choose; however, the test has to comply with FMCSA regulations as listed in §391.31.
In place of the road test, non-CDL drivers can present a copy of a valid certificate of a driver’s road test that was issued within the past three years. Employers should give the driver a copy of the road test certificate, put the original in the driver’s DQF file, and maintain it as long as the driver is employed and for three years after that.
Medical exam and certificate of exam (§391.43)
Upon hire and every two years thereafter, each driver you employ has to pass a medical examination and receive a Medical Examiner’s Certificate attesting to that fact. You must keep a copy of the certificate in the driver’s qualification file regardless of whether the driver has a CDL or not; however, non-CDL drivers must also carry a copy of the certificate with them when driving.
The medical examiner used to perform the exam must be listed on the National Registry of Certified Medical Examiners (§391.51). Be sure to include a note in the DQF verifying that the examiner is listed in this registry.
Annual MVR (§391.25)
Getting a copy of a driver’s motor vehicle record isn’t a one-time activity. At least once every 12 months, you must get an updated MVR from every state where your drivers held driver’s licenses during that period. Simply follow the same process you did when getting the MVR for the first time, or use an employment screening provider to handle this process.
Once you have the updated MVR, go over it carefully to make sure the driver has met the minimum safe driving requirements and doesn’t have any disqualifying offenses. Pay special attention to any indicators of reckless driving, like speeding, having accidents or driving under the influence of drugs or alcohol. Remember, if you let a driver with disqualifying incidents keep driving, your company could be held responsible.
When you’re satisfied with the driver’s record, add a note with the name of the person who reviewed it and the date it was reviewed to the DQF. (The FMCSA has a sample Annual Review of Driving Record form you can follow.)
Annual list of violations (§391.27)
At least once a year, you must require each of your drivers to give you a list of all the traffic violations they’ve been convicted of, or forfeited bond or collateral for, during the previous 12 months. (Parking violations don’t count and don’t need to be reported.) The FMCSA has a sample Annual Driver’s Certification of Violations form you can use to request this information.
If a driver has already reported a violation to you—for instance, a driver was involved in an accident while driving one of your commercial vehicles and you collected all the information at that time—they don’t need to repeat the information in their annual list of violations.
Drivers who haven’t had any violations in the past 12 months still need to sign the annual certification form declaring this fact.
DOT Non-CDL Driver Qualification Checklist
Maintaining the proper information in each non-CDL driver qualification file can get complicated. Use this checklist to help you stay on top of FMCSA requirements and keep your DQFs in compliance. For more details on each requirement, refer to the FMCSA section listed below.
Simplify Compliance With DOT Regulations For Non-CDL Drivers
A commercial motor carrier business has a lot of moving parts. Following DOT regulations adds to all the tasks on your plate, especially when the rules are different for non-CDL drivers than for CDL drivers. Adding to the complexity, maintaining driver qualification files isn’t a one-time chore. Regular motor vehicle records checks, medical exams, and violation reports for drivers are required on an ongoing basis.
A provider that offers ongoing background checks, including motor vehicle checks and employment verification checks, can make your life easier by gathering information the DOT needs. GoodHire can speed and simplify the process of maintaining your DQFs—and isn’t faster and easier exactly what you need? To find out how we can help you, contact us for a quote.
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
About the Author
Karen Axelton is a Southern California-based freelance writer specializing in business topics.
RESOLVE BUILDING VIOLATIONS FORM – NYC
START RESOLVING HPD VIOLATIONS NOW: ANSWER A NOTICE OF VIOLATION
Check HPD Violations for Free
(Mon-Sat, 7:30 A.M. to 9:00 P.M. ET)
Email Info About Your Building Violation to:
Owners and managers must be current with registration on their property in order to certify correction of a violation.
There are several ways we can help clear HPD violations:
1. Prepare and Submit Certificate of Correction. We can help you prepare Certificate of Correction and submit to HPD by the certification date. Only recently issued violations and inquiries within Notice of Violation certification period are eligible:
Violations Class A: Correct within 90 days
Violation Class B: Correct within 30 days
Violation Class C: Most class C violations have a correction period of 24 hours.
Lead-based paint, window guard, heat and hot water are exceptions, so Check Your Notice of Violation
HPD may direct their inspectors to confirm that the corrections were made. This will include an actual inspection of the property. Reinspection for non-lead based paint violations is required, however, if no reinspection occures 70 days after the reciept of certification, the violation is found to be complied and closed.
2. Apply for Dismissal Request and Host Inspection: If Certification Period passed, you may still have a chance to get the violation dismissed. This type of violation usualy requires an inspection from HPD, but may also require preparing and submitting certain documents. After inspection confirms correction, HPD will close corrected violation.
3. Request Violation Reissuance: If a violation is more than 12 month old, it can not be corrected by a certification of correction. However, we can help you obtain a new certification period to file a Certificate of Correction. This may also require hosting an inspection to confirm correction.
NOTE: LEAD-BASED PAINT VIOLATIONS!!!
By law, lead-based paint violations need additional documentation for dismissal.
The owner must submit documents regarding the work methods and cleanup process, along with documents showing that workers were properly trained, in addition to submitting a completed Dismissal Request form.
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DISCLAIMER: This is not a Government Agency website. Information provided herein is for informational purposes only, and does not constitute any direct communication with any government agency or official. The website serves a team of building violation experts who provide Full Building Violation Removal Service in New York City, and can help you file necessary documents to resolve your Building Violations and provide corrective demolition and corrective construction. BuildingViolation.com offer does not constitute a service which require the application of the art, science, and aesthetics of design and construction of buildings, groups of buildings, including their components and appurtenances and the spaces around them wherein the safeguarding of life, health, property, and public welfare is concerned. Further, BuildingViolation.com offer DOES NOT include architectural services such as consultation, evaluation, planning, the provision of preliminary studies, designs, construction documents, construction management, and the administration of construction contracts. Any advertisement offered on this website are paid advertisements, whereby all advertised services or products are offered with the manufacturer’s warranty or under professional responsibility of the service provider. BuildingViolation.com publishes such advertisements for a compensation, which does not in any way constitute a referral or endorsement by BuildingViolation.com.
E2. How are violations handled in the ONC Health IT Certification Program?
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E2. How are violations handled in the ONC Health IT Certification Program?
Guidance for violations in the ONC Health IT Certification Program
Issued by: Office of the National Coordinator (ONC) of Health Information Technology
E2. How are violations handled in the ONC Health IT Certification Program?
There is a specific course of action for violations in the ONC HIT Certification Program. There are Type-1 and Type-2 violations, both described below, and they each have different criteria and follow-up actions.
Type-1 violations: The National Coordinator may revoke an ONC-Authorized Certification Body’s (ONC-ACB) status for committing a Type-1 violation. Type-1 violations include violations of law or ONC HIT Certification Program policies that threaten or significantly undermine the integrity of the ONC HIT Certification Program. These violations include, but are not limited to: False, fraudulent, or abusive activities that affect the ONC HIT Certification Program, a program administered by HHS or any program administered by the Federal government.
Type-2 violations: The National Coordinator may revoke an ONC-ACB’s status for failing to timely or adequately correct a Type-2 violation. Type-2 violations constitute noncompliance with Sec. 170.560.
- Noncompliance notification. If the National Coordinator obtains reliable evidence that an ONC-ACB may no longer be in compliance with Sec. 170.560, the National Coordinator will issue a noncompliance notification with reasons for the notification to the ONC-ACB requesting that the ONC-ACB respond to the alleged violation and correct the violation, if applicable.
- Opportunity to become compliant. After receipt of a noncompliance notification, an ONC-ACB is permitted up to 30 days to submit a written response and accompanying documentation that demonstrates that no violation occurred or that the alleged violation has been corrected.
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SEC Brings New Actions For Certification Violations | Article
The SEC in late August brought enforcement actions against the top executives of two companies for violating Section 906 of the Sarbanes-Oxley Act, which requires a company’s CEO and CFO to certify its periodic reports.
The actions were little noticed, perhaps because they involved small companies.
Nevertheless, in a recent speech, Securities and Exchange Commission enforcement chief Steven Cutler cited these two cases when he warned, “No longer can a CEO or CFO say about his or her company’s financial statements—as we sometimes hear in our testimony rooms—‘That’s not my job; I was the big picture person.’”
In August, for example, the SEC filed a settled case against John Masiz, the president and CEO of Danvers, Mass.-based Vaso Active Pharmaceuticals, which currently trades on the pink sheets, for certifying the company’s periodic reports even though they contained “false and misleading statements,” according to the complaint. As part of the settlement, Masiz was barred from acting as an officer or director of a public company for five years.
The Commission’s complaint alleges he “made material misrepresentations and omissions in both public statements and filings with the Commission falsely claiming FDA approval for three of the company’s products which were not, in fact, FDA-approved.”
Without admitting or denying the allegations, Masiz agreed to be barred from acting as an officer or director of a public company for five years and to pay an $80,000 civil penalty.
Also in August, the SEC filed settled civil injunctive actions against Rica Foods’ CEO Calixto Chaves and CFO Gina Sequeira for violating the CEO and CFO certification requirements of Sarbanes-Oxley.
According to the Commission’s complaint, Rica Foods—a $128 million poultry producer, filed a 10-K containing a purported unqualified independent auditor’s report from Deloitte & Touche. The audit report represented that Rica Foods’ consolidated financial statements were presented fairly and in conformity with Generally Accepted Accounting Principles, it added.
“At the time of the filing, however, Deloitte had not provided Rica Foods with a signed audit report, and Rica Foods’ financial statements contained material classification errors,” the Commission asserted in its complaint.
Despite the lack of a signed audit report and the existence of these material errors, Chaves and Sequeira personally certified in the annual report that the 10-K fairly and accurately presented Rica Foods’ financial condition, the SEC noted. Chaves was ordered to pay $25,000 in civil penalties, but the final order did not impose a penalty against Sequeira based on the sworn financial statements and other financial information she provided to the Commission, the SEC pointed out.
Now, these are not the only companies to be disciplined for violating the certification rules. Executives at companies like Symbol Technologies have also been targets of complaints stemming from certification violations.
According to the SEC’s complaint against Symbol, former President and Chief Executive Officer Tomo Razmilovic, former Chief Financial Officer Kenneth Jaeggi, and Brian Burke, a former chief accounting officer and later the head of worldwide operations, “signed Symbol’s periodic reports with knowledge that those reports and the corresponding press releases misrepresented Symbol’s financial results. ”
The Scrushy Test
The rules and punishments for falsely certifying financial statements will attain a much higher profile in January when former HealthSouth chief executive officer Richard Scrushy goes on trial for his role in the health care company’s accounting scandal. He is accused of violating the certification rules under Sarbanes-Oxley in three counts of the 58-count indictment stemming from the company’s massive accounting scandal.
Scrushy’s lawyers, however, are challenging the certification provisions of SOX and are seeking to have these related charges thrown out. The judge, however, has not yet ruled on the motion.
The lawyers have asserted that the three counts brought under the Sarbanes-Oxley Act are unconstitutional because they improperly make the simple signing of a CEO’s name on a normal SEC filing into a felony punishable by up to 20 years in jail, and because the language of the law is so vague as to leave corporate officials with no idea how to obey the statute without being subject to massive penalties.
Thomas Sjoblom, one of Scrushy’s attorneys, said in a press release earlier this year, “The part of the Sarbanes-Oxley Act being used by the prosecutors in this case violates basic constitutional law because it makes criminal the most ordinary and non-intentional acts of corporate officials, like signing their name to lengthy SEC reports prepared by others, when the statute fails to specify the state of mind required and the conduct proscribed.”
Thus, “Section 906 of Sarbanes-Oxley imposes criminal liability on a corporate officer who certifies that his company’s periodic reports comply with certain specific reporting regulations imposed by federal securities law, regardless of whether violations of those very regulations would give rise to criminal liability in their own right,” he added.
“And, to make matters worse, corporate officers face liability for inaction, i.e., for not signing the required certification, even if the underlying financials are precisely accurate.”
Scrushy’s lawyers, however, could have a tough time convincing the judge.
Steven M. Salky and Adam L. Rosman, partner and counsel at Zuckerman Spaeder in Washington, D.C., in September published a four-page legal backgrounder analyzing whether Sarbanes-Oxley is vulnerable to constitutional challenge.
“Richard Scrushy’s motion raises serious questions about the vagueness of one of Sarbanes-Oxley’s key provisions,” they concluded. They also acknowledged that Section 906 was drafted hastily and lacks precision in certain respects.
Even so, they add that Scrushy will have a difficult time prevailing on his claim that the statute is unconstitutionally vague. “Although the void-for-vagueness doctrine has been justly criticized for being applied inconsistently by the courts, a criminal statute is unconstitutionally vague only if it fails to give fair notice of what conduct is forbidden and therefore, encourages arbitrary and discriminatory enforcement,” they wrote.
“Moreover, the Supreme Court has made clear that statutes which neither infringe upon constitutionally protected rights particularly the First Amendment nor sweep in potentially innocent conduct are much less vulnerable to a vagueness challenge.”
Their conclusion: “Measured against these standards, Section 906 will likely survive Scrushy’s void-for-vagueness challenge.”
FMCSA to abolish driver requirement to list traffic violations
Trucking regulators want to eliminate a requirement that drivers provide their employers a list each year of their traffic violations, asserting that it overlaps with provisions that require carriers to obtain the same information.
In a proposed rule scheduled to be published in the Federal Register on Monday, the Federal Motor Carrier Safety Administration (FMCSA) stated it does not expect the change to affect safety because the carriers’ annual motor vehicle record (MVR) requirement “would continue to provide a reliable way for motor carriers to learn of their drivers’ convictions for traffic violations.”
Current regulations require that every driver employed by a motor carrier “prepare and furnish the motor carrier with a list of all violations of motor vehicle traffic laws and ordinances, other than violations involving only parking, of which the driver has been convicted or for which the driver has forfeited bond or collateral during that period,” according to FMCSA.
“When a driver does not have any violations to report, the driver is required to furnish a certification to that effect. The motor carrier must file the list of violations or certification of no violations in the driver’s qualification file.” Because carriers already conduct an annual inquiry and review of their drivers’ driving records, the violation list required of drivers would be eliminated.
Under the FMCA’s proposal, “changes would be made … to require motor carriers to make inquiries to each driver’s licensing authority where a driver holds or has held a motor vehicle operator’s license or permit.”
In addition, a change would be made in subsection 391.21 of federal motor carrier regulations, “Application for employment,” requiring each driver “to provide on the employment application the issuing driver’s licensing authority of each unexpired operator’s license or permit that has been issued to the driver so motor carriers could make the required inquiries.”
FMCSA’s proposal would also require that carriers request the MVR equivalent from Canadian and Mexican driver’s licensing authorities as well. This would have minimal effect on carriers, FMCSA stated, given that only an estimated 2% of commercial drivers operating in the U.S. are employed by Canadian-based companies and 0.5% by Mexican-based companies, representing a total of roughly 140,000 drivers.
FMCSA believes eliminating the listing requirement by drivers would save drivers money because of the time it takes to fill out a traffic violations list. Carriers would save money, FMCSA stated, because they would no longer have to file the lists in driver qualification files. The agency estimated $4 million per year in cost savings over 10 years.
Similar proposals were floated twice before, in 1994 and 1997, by the Federal Highway Administration (FHWA), FMCSA’s predecessor agency, but were rejected. Opposition in 1994 included concerns that the annual violation list required by drivers was the only requirement applicable to drivers of smaller commercial vehicles, according to FMCSA.
In 1997, those opposing the change contended that major improvements were needed in how state driver’s license agencies (SDLAs) collect and transmit data before carriers could rely solely on state driving records. “FHWA determined that it was in the best interest of safety” to retain the current standard, FMCSA noted in its current proposal.
“FHWA stated that, until the completeness and timeliness of state-based driver record information is substantially improved, it is important for motor carriers to obtain violation information from both the driver and state-based source to enable cross-verification of information.”
FMCSA argues, however, that since those two previous proposals, MVR distribution has become more reliable, citing a 2011 final rule requiring all states upgrade their computer systems.
“In addition, FMCSA has conducted outreach and education with courts and judges, which has improved the transmission of convictions from courts to SDLAs. Accordingly, there have been improvements in data collection and transmission that support this rulemaking at this time.”
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How to Clear HPD Violations in New York City
Clearing HPD violations in New York City requires current property registration. After that, it’s a matter of timing.
This article is the first in a series on resolving property violations in New York City. Visit the other articles in this series, Part 2: How to Clear NYC Property Violations – OATH and Part 3: How to Clear NYC Property Violations – DOB.
The New York City Department of Housing Preservation & Development (HPD) issues violations and Orders to Correct to owners of properties that do not comply with the following laws and codes that govern housing quality and safety:
- New York City’s Housing Maintenance Code
- New York State Multiple Dwelling Law
- Section 8 Housing Quality Standards, where applicable
Properties that accumulate unresolved violations may be targeted by HPD litigation or included in the Alternative Enforcement Program (AEP) or the Proactive Preservation Initiative (PPI). Any of these enforcement measures may result in liens or judgments against the property.
Clearing HPD Violations
The speed with which an owner corrects a violation determines the method for clearing. In each case, property registration must be current.
Certification of HPD Violations Correction
Upon receipt of a violation, owners and managers can certify correction of the violating conditions online or by mail. Different violation classes carry different certification periods.
- Class A – Correct within 90 days
- Class B – Correct within 30 days
- Class C – Most class C violations have a 24-hour certification period, with the exception of lead-based paint, window guards, heat and hot water
Building owners and managing agents can certify the correction of HPD violations online using eCertification.
Owners and agents may also complete the appropriate Certificate of Correction of Violations form and mail it to the appropriate Borough Service Center.
HPD may inspect properties to confirm correction of the violations. For violations that do not involve lead-based paint, if no reinspection is performed, the violation will be deemed complied 70 days after HPD receives the certification.
Request Dismissal HPD Violations
After the certification period has passed, owners of non-AEP buildings can mail or deliver a completed Dismissal Request form to the Code Enforcement Office in the appropriate borough. Mailed forms must include a certified check or money order for the dismissal request fee: $250 for a private dwelling (1-2 family) or $300 for a multiple dwelling with up to 300 open violations.
Owners of AEP buildings need to contact the AEP office directly at 212-863-8262.
HPD will close corrected violations upon inspection.
Reissuance of HPD Violations
HPD offers a one-time reissuance of violations, provided the property has no open violations in the past year and the property registration is current. Owners or authorized representatives can complete the Violation Reissuance Request form and submit it to the address on the form. If approved, owners can certify the violation using the above procedure. Reissued violations are treated like new violations, with new certification periods.
Hazardous Waste Fee Health and Safety Code
Business Taxes Law Guide – Revision 2021
BTLG Table of Contents > Hazardous Waste Fee Health and Safety Code > Chapter 6.11 > Section 25404.1.2
Hazardous Waste Fee Health and Safety Code
CHAPTER 6.11 UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT REGULATORY PROGRAM
25404.1.2. Unified program minor violations. (a) (1) An authorized representative of the UPA, who in the course of conducting an inspection, detects a minor violation, shall take an enforcement action as to the minor violation only in accordance with this section.
(2) In any proceeding concerning an enforcement action taken pursuant to this section, there shall be a rebuttable presumption upholding the determination made by the UPA regarding whether the violation is a minor violation.
(b) A notice to comply shall be the only means by which a UPA may cite a minor violation, unless the person cited fails to correct the violation or fails to submit the certification of correction within the time period prescribed in the notice, in which case the UPA may take any enforcement action, including imposing a penalty, as authorized by this chapter.
(c) (1) A person who receives a notice to comply detailing a minor violation shall have not more than 30 days from the date of the notice to comply in which to correct any violation cited in the notice to comply. Within five working days of correcting the violation, the person cited or an authorized representative shall sign the notice to comply, certifying that any violation has been corrected, and return the notice to the UPA.
(2) A false certification that a violation has been corrected is punishable as a misdemeanor.
(3) The effective date of the certification that any violation has been corrected shall be the date that it is postmarked.
(d) If a notice to comply is issued, a single notice to comply shall be issued for all minor violations noted during the inspection, and the notice to comply shall list all of the minor violations and the manner in which each of the minor violations may be brought into compliance.
(e) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations listed on the notice to comply, the person shall provide the UPA a written notice of disagreement along with the returned signed notice to comply. If the person disagrees with all of the alleged violations, the written notice of disagreement shall be returned in lieu of the signed certification of correction within 30 days of the date of issuance of the notice to comply. If the issuing agency takes administrative enforcement action on the basis of the disputed violation, that action may be appealed in the same manner as any other alleged violation under Section 25404.1.1.
(f) This section may not be construed as doing any of the following:
(1) Preventing the reinspection of a facility to ensure compliance with this chapter or to ensure that minor violations cited in a notice to comply have been corrected and that the facility is in compliance with those laws and regulations within the jurisdiction of the UPA.
(2) Preventing the UPA from requiring a person to submit necessary documentation needed to support the person’s claim of compliance pursuant to subdivision (c).
(3) Restricting the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.
(4) Preventing the UPA from cooperating with, or participating in, a proceeding specified in paragraph (3).
History.—Added by Stats. 2002, Ch. 999, Sec. 56 (AB 2481) in effect January 1, 2003. Stats. 2005, Ch. 388, Sec. 3 (AB 403) in effect January 1, 2006, deleted subdivision (g).
90,000 For fair elections. The British will be obliged to show their passports when voting, and many people do not like it
- Olga Smirnova
Photo author, Getty Images
The British government plans to oblige voters to present when voting photo ID. This is a major change in the rules, with voting IDs last needed in the 1950s.
Currently, no ID is required to be shown in elections in the UK (except Northern Ireland). Voters vote by mail or go to polling stations where they simply say their first name, last name and address.
A previous attempt to introduce identity cards in Britain in the early 2000s ended in failure. And now many are opposed to the introduction of such a law.
BBC Russian Service explains why the British are so reluctant to show their documents.
Two million residents without passports
The purpose of the new legislation is to prevent possible electoral fraud. However, opponents of the innovation doubt that this is the real reason.
“If ministers had been striving for a fairer voting system, they would not have created new obstacles to it. They would have made it easier, on the contrary,” said Gracie Bradley, spokesman for the independent organization Liberty, which defends human rights in Britain.
According to official statistics, now about 2 million Britons do not have a single photo document to prove their identity.
Photo author, Getty Images
Opponents of the bill say it will hit the poor and migrants
“The new law effectively deprives those who cannot afford such a document from voting,” says Marsha de Cordova, Member of the British Parliament for the Labor Party.“It will be mainly women, blacks and Asian populations, ethnic minorities, people with disabilities and the poor.”
Turnout, but not those
fraudulently in the election he won by voting by mail and using migrants who did not have the right to vote
Photo Credit, Getty Images
Local election results in Tower Hamlets had to be canceled due to irregularities …Presenting passports should prevent them
In December 2016, the British conservative politician Eric Pickles wrote a report on the results of these events. And among the measures he proposed was the mandatory identification of the voter’s identity.
Critics of that report insisted that there were not many violations to warrant such a drastic measure.
Moreover, in 2019 there were several general and local elections in Britain, as well as elections to the European Parliament.Then only two people were convicted of fraud in the course of their conduct.
Identity cards, similar to the Russian internal passport, existed in Britain during World War II and until the early 1950s.
Winston Churchill canceled them when he was re-elected Prime Minister in 1952.
Photo author, Getty Images
Winston Churchill opposed mandatory documents for citizens – and canceled them
He did not like mandatory identity cards – he associated them with the socialist system, where the role of punitive and law enforcement agencies was in times more.And he didn’t want Britain’s security forces to be overly influential.
“During the war, the need for identity cards was explained by security reasons. People put up with the encroachment of freedom in society because of this,” – says Martin O’Neill, professor of political philosophy at the University of York.
Professor O’Neill recalls one of the famous British comedy films Passport to Pimlico, which was released in 1949. It tells how Pimlico, one of the districts of London, declares independence from Britain.The professor says that it reflects something very deep in the national psychology of the British, who value their personal freedom very highly.
One of the famous scenes in the film depicts a jubilant pub where alcohol restriction laws have ended. “This is a story about a society that wants to restore a way of life that existed before the war, without restrictions on the part of the authorities,” explains O’Neill.
Explain Your Limitations
The idea of returning IDs came about in the late 1990s and early 2000s, when Labor was in power led by Tony Blair.
At that time the idea had a lot of opponents, Blair’s opponents pointed out that it was a very expensive project. In 2007, Labor lost the election – and the idea was quickly forgotten.
Photo author, Getty Images
The British only need a passport to travel abroad. Domestically, it is not yet particularly useful
“The British see themselves as part of a culture that values individual freedom,” Hallward Lillehammer, professor of philosophy at Birkbeck University in London, told the BBC’s Russian Service.“The state does not interfere in your affairs and does not create obstacles in your life.”
Professor O’Neill says that the British pay taxes, follow the laws – and consider this the maximum that the state can afford by interfering in their lives. concerns restrictions: the state is obliged to substantiate and justify them. the role of the police officer will be greater than that of the ordinary citizen.
Photo author, Getty Images
A significant part of British voters believe that it is enough for them to present themselves in the elections, and documents are not necessary
In Britain, police work has been based on the principle of “policing by consent” since the 19th century that is, maintaining order with the consent of the population and with its support.
“Police officers are ordinary citizens in uniform. They have the same privileges as ordinary people, and they must follow the same rules as ordinary people,” explains Professor O’Neill.
“A very valuable part of British culture: if you do not break the law, you do not have to show documents to representatives of the state,” says professor of philosophy Lillehammer.
Thus, the need to show police officers with photo IDs, according to opponents of the new legislation, runs counter to the basic principle of police work.
Since the 1960s, the police have often been accused of violating fundamental civil liberties. They remember very well the harsh crackdown on the rallies of the miners and workers who were on strike in the 1980s.Police are accused of provoking riots in areas where ethnic minorities live with their brutal actions, as was the case, for example, in the London borough of Brixton in 2011.
The last high-profile scandal occurred in March 2021, when the police used force against peaceful demonstrators who gathered for a rally in memory of Sarah Everard – a London resident was killed by a police officer.
“All of these episodes are a reminder to the British to be very careful before expanding police powers,” says O’Neill.
Chance for Conservatives
The government promises that when it is required to present an identity card in elections, voters can apply for such a document free of charge.
During a pilot project in 2019, some areas of the UK asked voters to show a photo ID. It turned out that young voters, as well as representatives of ethnic minorities, did not know much about the new requirements – and did not bother to obtain such a document in advance.
Accusations have been made against Prime Minister Boris Johnson that the government wants to deprive these particular groups of people of the right to vote because there are few Conservative supporters among them.
“This is complete nonsense. We only want to protect democracy, transparency and fairness in the elections,” – said Boris Johnson at a press conference, when journalists asked him about a possible advantage in the elections.
National Film Certificate and List of Documents Required to Obtain Certificates
List of documents for obtaining UNF for unfinished film production:
- Covering letter to the Ministry of Culture of the Russian Federation (on the letterhead of the organization).
- Application of the established form.
- Description of the project.
- Producer’s order to launch a film into production, indicating the start and end dates of production (on the company’s letterhead).
- Copies of contracts with the authors of the film (scriptwriter, director, composer) and copies of passports certifying citizenship.
- Scenario of a fiction, animated film (in electronic form – on disk), synopsis of a full-length non-fiction film, scenario application for a non-fiction film.
- Certified copies of constituent documents:
Charter, Certificate of registration with the tax office, entry into the register, Extract from the register. Statistics codes. Copies of passports of founders
- Information about the previous professional activities of the producer.
- Bank statement on the average monthly turnover of funds on the producer’s current account (or an extract from the current account for a newly created producer) – for films produced at the producer’s own expense.
- Copies of contracts or agreements of intent (in the absence of contracts) with investors on their participation in financing the production of the film.
- Power of attorney for registration and receipt of UNF.
Copies of documents are certified by the seal and signature of the head.
List of documents to extend the validity period of the UNF for unfinished film:
- Free-form cover letter stating the reasons for extending the production period of the film to the Ministry of Culture of the Russian Federation (on the company’s letterhead).
- A copy of the producer’s order to extend the production period of the film indicating a new deadline for the end of its production
- Original National Film Certificate.
- Power of attorney for registration and receipt of UNF
List of documents for extending the validity of the UNF for the completed film:
- Cover letter.
- Application of the established form.
- Producer’s certificate of completion of film production and production of source materials.
- Copy of the rental certificate.
- Original National Film Certificate.
- Power of attorney for registration and receipt of UNF
List of documents for obtaining UNF for completed film production:
- Cover letter.
- Application of the established form.
- Description of the project of the established form.
- Copies of the film authors’ passports certifying their citizenship.
- Copies of constituent documents:
Charter, Certificate of registration with the tax office, entry into the register, Extract from the register, Copies of the passports of the founders.
- Copy of the rental certificate.
- Power of attorney for registration and receipt of UNF
Documents are certified by the seal and signature of the head
Date the page was created: 05.07.2017
Date of last page change: 03/02/2021
Responsible for the content of the page: Ministry of Culture of the Russian Federation
90,000 The first driver’s license will be issued for 2 years
The Cabinet of Ministers has changed the rules for issuing driving licenses – the first license will be issued for a period of 2 years with exchange for a permanent one if no more than 2 violations are committed.
The corresponding decree of the Cabinet of Ministers No. 885 of November 10 was published on the official government portal.
The document amended the Regulation on the procedure for issuing driver licenses and admitting citizens to drive vehicles.
“These changes, in particular, assume that novice drivers will be issued a driver’s license with a limited right to drive vehicles for a period of 2 years. the number of accidents “, – said in the commentary to the document.
According to the decree, a driver’s license issued to a person for the first time is valid for 2 years from the date of issue with a limited right to drive a vehicle, which means a prohibition to exceed a speed of 70 km / h.
It was also established that a driver’s license issued for the first time is a document received after a person who previously did not have a driver’s license or who was deprived of the right to drive a vehicle, theoretical and practical exams at the service center of the Ministry of Internal Affairs.
The exchange of a driver’s license issued to a person for the first time, after the expiration of its validity period, is carried out without passing exams, provided that no more than 2 administrative offenses in the field of road traffic are committed.
In the case of three or more administrative violations in the field of road safety, within two years from the date of issuance of a driver’s license, the exchange of such a license is carried out with the passing of theoretical and practical exams.
The return of a driver’s license to persons who received it for the first time and who were deprived of the right to drive vehicles is not carried out. The renewal of the right to drive vehicles in this case is carried out by obtaining a new driver’s license, which is considered issued for the first time after passing an extraordinary medical examination, training in accordance with plans and programs and after passing exams.
When exchanging a driver’s license obtained for the first time, before its expiration, the person is issued a new license, which is considered issued for the first time, indicating the validity period of the license to be exchanged.
As reported, on November 10, the Minister of Internal Affairs Arsen Avakov reported that among the innovations proposed by the Ministry of Internal Affairs in the traffic rules there are also speed limits within the boundaries of settlements to 50 km per hour and an increase in fines for driving without a license.
According to the minister, it is proposed to increase the amount of the fine for driving without the right to drive by 20 times – it will amount to UAH 10,200, and for a repeated violation – UAH 40,800. Persons deprived of the right to drive, violating the law, will pay a fine in the amount of UAH 20,400, and for the repeated commission of this violation within a year – UAH 40,800.
Step 1. If you have a disagreement with a financial institution, make sure that your appeal is subject to review by a financial commissioner before contacting the financial ombudsman.
You can check whether your dispute with a financial institution is subject to review by a financial commissioner by answering the proposed questions by following the link.
Step 2. Before contacting the financial commissioner in order to comply with the mandatory claim procedure, you need to send a statement (claim) to the financial institution with which you have a dispute.
Form of a statement (claim) sent by a consumer to a financial institution
The financial institution must consider your application (claim) and send you a response within 30 calendar days from the day following the day the financial institution receives the application (claim). If the application (claim) was sent in electronic form according to the standard form approved by the Board of the Financial Commissioner Service, and no more than 180 days have passed since the violation of your rights – within 15 working days.
If you are not satisfied with the received response or you did not receive it within the specified time period, proceed to the next step.
Step 3. Submit your request to the Financial Commissioner.
The Financial Commissioner Service recommends sending applications in electronic form through the personal account of the consumer of financial services on the official website of the financial commissioner.
Video instructions for submitting an appeal through your personal account
If you do not have the opportunity to send an appeal in electronic form, the appeal can be sent in hard copy by mail to the address: 119017, St.Moscow, Staromonetny lane, 3, recipient – ANO SODFU.
On the website of the financial ombudsman, you can download samples of appeals to the financial ombudsman on the most popular topics (for filing an appeal both electronically through your personal account and on paper).
Personal reception of citizens and personal reception of correspondence at the premises of the Financial Commissioner Service has been temporarily suspended due to the threat of the spread of coronavirus infection (2019-nCoV).Changes will be announced later.
Within three business days from the date of receipt of the application, you will be sent a notification of its acceptance for consideration or refusal to accept it.
90,000 Chapter 10 VOTING
Chapter 10. VOTING
Article 72. Voting room
1. A voting room is provided free of charge to the disposal of a precinct election commission by the head of the local administration of the relevant municipality, and in the cases provided for by this Federal Law, by the commander of a military unit, ship captain, head of a polar station, head of a diplomatic mission or consular office of the Russian Federation.
2. The polling station must have a room in which booths or other specially equipped places for secret ballot are located, equipped with a lighting system and supplied with writing materials (except for pencils).
3. In the polling station or directly in front of it, the precinct election commission shall equip an information stand (information stands), on which (on which) the following information is placed on all federal lists of candidates included in the ballot paper and on the political parties that nominated them:
1) the name of the political party;
2) ceased to be in force.- Federal Law of 09.02.2009 N 3-FZ;
3) information from financial reports of political parties, as well as the results of checking these reports in the amount established by the Central Election Commission of the Russian Federation;
(Clause 3 as amended by Federal Law of 26.04.2007 N 64-FZ)
4) biographical data of registered candidates included in the federal parts of federal lists of candidates and in the corresponding regional groups of candidates, in the amount established by the Central Election Commission of the Russian Federation, but not less than in the amount established for the publication of registered federal lists of candidates;
(as amended byFederal Law of 26.04.2007 N 64-FZ)
5) information on the income and property of registered candidates included in the federal parts of the federal lists of candidates and in the corresponding regional groups of candidates, in the amount established by the Central Election Commission of the Russian Federation;
6) information on the facts of submission of information that turned out to be inaccurate on registered candidates provided for by Part 4 of Article 38 of this Federal Law (if such information is available).
4. If any of the registered candidates has an unexpunged and outstanding conviction, information on the candidate’s conviction shall be indicated in the materials posted on the information stand.
5. Deleted. – Federal Law of 25.07.2006 N 128-FZ.
6. The information stand shall display a sample of a completed ballot paper, which must not contain the names of registered candidates included in the ballot paper, the names of political parties that have nominated federal lists of candidates.
7. Information about political parties and registered candidates included in the ballot is placed in information materials in the same sequence that was determined when the form and text of the ballot was approved.
8. The information stand contains extracts from the criminal legislation of the Russian Federation, the legislation of the Russian Federation on administrative offenses concerning liability for violation of the legislation of the Russian Federation on elections.
9. The materials posted on the information stand must not contain signs of election campaigning. These materials are posted by the precinct election commission in such a way that voters can freely familiarize themselves with them.
9.1. To inform citizens who are visually impaired, the information stand shall display the materials specified in parts 3, 4 and 8 of this article, made in large print and (or) with the use of braille.The polling stations, on the information stands of which such materials are placed, are determined by the decision of the election commission of the constituent entity of the Russian Federation.
(Part 9.1 was introduced by Federal Law of June 14, 2011 N 143-FZ)
10. The voting premises must contain federal lists of candidates registered by the Central Election Commission of the Russian Federation.
11. The polling station must contain an enlarged form of the protocol of the precinct election commission on the voting results, intended for entering into it data on the voting results as they are established.The enlarged form of the protocol is posted before the start of voting and must be in the field of view of the members of the precinct election commission, observers and at a distance necessary to perceive the information it contains. The enlarged form of the protocol does not replace the protocol of the precinct election commission on the voting results, and the data entered in it has no legal value.
12. Stationary ballot boxes are located in the polling station. Technical means of counting votes, including software and hardware complexes for processing ballots, can also be used as stationary ballot boxes.Complexes for electronic voting can also be used for voting. Technical means of counting votes, complexes for electronic voting are used in accordance with the procedure established by the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and in accordance with instructions approved by the Central Election Commission of the Russian Federation.
13. The voting room must be equipped in such a way that the places for issuing ballots, booths, other specially equipped places for secret voting and stationary ballot boxes are in the field of view of members of the precinct election commission and observers.
Article 73. Ballot
1. The procedure for the production and delivery of ballots, as well as the procedure for exercising control over their production and delivery, shall be approved by the Central Election Commission of the Russian Federation no later than 45 days before voting day. The number of ballots should not exceed by more than 1.5 percent the number of registered voters.
2. In order to protect ballot papers from counterfeiting, paper with watermarks or printed with a micro-font and a protective mesh is used in their production, or a special sign (stamp) is used for this purpose.The procedure for the production and use of special signs (stamps), their number, as well as the requirements for the transfer of special signs (stamps) by higher election commissions to lower election commissions shall be approved by the Central Election Commission of the Russian Federation no later than 60 days before voting day.
2.1. To help voters who are visually impaired, according to the decision of the relevant election commission, special stencils are made for self-filling the ballot, including using the braille dotted font.The polling stations for which such stencils are made are determined by the decision of the election commission of the constituent entity of the Russian Federation.
(Part 2.1 was introduced by Federal Law of June 14, 2011 N 143-FZ)
3. The form and text of a ballot paper in Russian shall be approved by the Central Election Commission of the Russian Federation no later than 24 days before voting day. The text of the ballot paper must be placed on only one side of the ballot paper.
4. The names of the political parties that registered the federal lists of candidates, as well as the emblems of these political parties (if they were submitted to the Central Election Commission of the Russian Federation in accordance with Part 3 of Article 34 of this Federal Law) shall be placed on the ballot paper in the manner determined by lot. in one color. The drawing of lots is carried out by the Central Election Commission of the Russian Federation with the participation of authorized representatives of political parties no later than 30 days before voting day.The number received by a political party as a result of the drawing of lots is retained until the end of the election campaign. The surnames, first names and patronymics of candidates included in the federal part of the federal list of candidates nominated by this political party shall be placed under the name of a political party. If a constituent entity of the Russian Federation, including those included in a group of constituent entities of the Russian Federation, or a part of its territory corresponds to a regional group of candidates, the number of the regional group of candidates, information about whether which constituent entity of the Russian Federation, which group of constituent entities of the Russian Federation (with an indication of the list of constituent entities of the Russian Federation), part of the territory of a constituent entity of the Russian Federation or a group of parts of the territory of a constituent entity of the Russian Federation (with an indication of the list of parts of the territory of a constituent entity of the Russian Federation) does this regional group of candidates correspond, as well as surnames , names and patronymics of the first three candidates included in this regional group of candidates.If the federal list of candidates does not contain the general federal part, the number of the regional group of candidates, information about which constituent entity of the Russian Federation, which group of constituent entities of the Russian Federation (indicating the list of constituent entities of the Russian Federation), part of the territory of the constituent entity of the Russian Federation shall be placed under the name of the political party or a group of parts of the territory of a constituent entity of the Russian Federation (indicating the list of parts of the territory of a constituent entity of the Russian Federation) corresponds to this regional group of candidates, as well as the surnames, names and patronymics of the first three candidates included in this regional group of candidates.If a political party adopts a decision provided for in Part 9.1 of Article 36 of this Federal Law, the last names, first names and patronymics of candidates included in the federal part of the federal list of candidates nominated by this political party shall be placed in the ballot for voting outside the territory of the Russian Federation under the name of the political party. (if any), and indicate the number of the regional group of candidates, information about which constituent entity of the Russian Federation, which group of constituent entities of the Russian Federation (indicating the list of constituent entities of the Russian Federation), part of the territory of a constituent entity of the Russian Federation or a group of parts of the territory of a constituent entity of the Russian Federation (with indicating the list of parts of the territory of a constituent entity of the Russian Federation) corresponds to this regional group of candidates, as well as the surnames, names and patronymics of the first three candidates included in the corresponding regional group of candidates.
(as amended by Federal Laws dated 26.04.2007 N 64-FZ, dated 21.07.2007 N 188-FZ)
5. An empty square is placed to the right of the name of each political party.
(as amended by Federal Law of 12.07.2006 N 107-FZ)
6. If a registered candidate, whose last name, first name and patronymic is indicated on the ballot paper, has an unexpunged and outstanding conviction, the ballot paper must contain information about the candidate’s criminal record.This information is indicated on the basis of the relevant documents submitted to the Central Election Commission of the Russian Federation prior to the approval of the text of the ballot paper.
(part six as revised by the Federal Law of 25.07.2006 N 128-FZ)
7. The ballot paper must contain an explanation of the procedure for filling it out.
8. Ballot papers are printed in Russian. By decision of the election commission of a constituent entity of the Russian Federation, ballots are also printed in the state language of the corresponding republic, which is part of the Russian Federation, and, if necessary, in the languages of the peoples of the Russian Federation in the territories of their compact residence.If ballots are printed in two or more languages for a polling station, the text in these languages shall be placed on each ballot paper. In this case, the text of the ballot shall be approved by the election commission of the constituent entity of the Russian Federation no later than 22 days before voting day.
9. The number of ballots shall be determined by a decision of the Central Election Commission of the Russian Federation not later than 24 days before voting day. Ballot papers are produced in two stages:
1) to ensure early voting, voting at polling stations formed in hard-to-reach or remote areas, and voting at polling stations formed outside the territory of the Russian Federation – no later than 20 days before voting day.At the same time, in order to ensure early voting and voting at polling stations formed in hard-to-reach or remote areas, ballots are produced by the decision of the election commissions of the respective constituent entities of the Russian Federation in the quantity determined by them within the limits of the number of ballots determined for the respective constituent entities of the Russian Federation by the decision of the Central Electoral Commission. commissions of the Russian Federation, and to ensure voting at electoral precincts formed outside the territory of the Russian Federation – by decision of the Central Election Commission of the Russian Federation in the number determined by it;
2) to ensure voting on voting day – no later than 10 days before voting day by decision of the election commissions of the constituent entities of the Russian Federation in the amount determined by the decision of the Central Election Commission of the Russian Federation for the constituent entities of the Russian Federation, minus ballots previously made to ensure early voting, voting at polling stations formed in hard-to-reach or remote areas.
10. The ballots produced by the printing organization are handed over by act to the members of the election commission that placed the order for the production of ballots. This act specifies the date and time of its preparation, as well as the number of transferred ballots. After the transfer of the ballots packed in bundles in the quantity corresponding to the order, the employees of the printing organization destroy the excess ballots (if they are detected), about which an act is drawn up.The election commission that has placed an order for the production of ballots is obliged, no later than two days before it receives ballots from the relevant printing organization, to make a decision on the place and time of transferring ballots to members of this election commission, destruction of ballots. Any member of this election commission, a representative of a political party has the right to sign the acts specified in this part.
11.The transfer of ballots to territorial election commissions is carried out within the time limits established by the Central Election Commission of the Russian Federation. The superior election commissions transfer to the territorial election commissions, on the basis of their decision on the distribution of ballots among the territorial election commissions, the entire circulation of ballots received by them from printing organizations.
12. Based on the decision of the territorial election commission on the distribution of ballots, precinct election commissions receive ballots from the territorial election commission not later than one day before voting day (early voting).For each polling station, the number of ballots may not exceed by more than 0.5 percent (but not less than two ballots) the number of voters registered at this polling station and be less than 70 percent of the number of voters included in the voter list at the polling station, on the day the ballots were handed over. At a polling station where a significant number of voters with absentee ballots are expected, the number of ballots may be increased by a decision of the election commission of a constituent entity of the Russian Federation.When the ballots are handed over to precinct election commissions, they are recounted and rejected by the piece, and the rejected ballots (if found) are destroyed by members of the territorial election commission, about which an act is drawn up.
13. An act in two copies is drawn up on the transfer of ballots by a higher election commission to a lower election commission. This act specifies the time and date of its preparation, the number of transferred ballots.During the transfer of ballots by a higher election commission to a lower election commission, members of the said election commissions, representatives of political parties whose names are included in the ballot paper, may be present. The relevant election commission is obliged to notify all members of this election commission and representatives of the indicated political parties about the time and place of the transmission of ballots and provide an opportunity for at least one representative of each political party to be present during the said broadcast.In this case, each of the listed persons has the right to sign an act drawn up upon transfer of ballots.
14. Responsibility for the transfer and safety of ballots shall be borne by the chairpersons of election commissions that transfer, receive and store ballots.
15. To precinct election commissions formed at polling stations formed outside the territory of the Russian Federation, or to territorial election commissions formed in accordance with Part 3 of Article 20 of this Federal Law, ballots may be transferred directly by the election commission that placed an order for them. production, in the manner prescribed by the Central Election Commission of the Russian Federation, and in the quantity determined based on the data of registration (accounting) of voters, referendum participants.
16. In exceptional cases, at polling stations formed in hard-to-reach or remote areas, on ships sailing on voting day, at polar stations, as well as at polling stations formed outside the territory of the Russian Federation, if technical means are available, it is allowed to manufacture documents related to the preparation and conduct of elections of deputies of the State Duma, including ballots, directly by the precinct election commission.The decision on the production of these documents with an indication of the required circulation and the term for the production of ballots is taken by the precinct election commission in agreement with the relevant territorial election commission or with the Central Election Commission of the Russian Federation.
17. On the face of all ballots received by the precinct election commission, in the upper right corner, the signatures of two voting members of the precinct election commission shall be put, certified by the seal of the precinct election commission.Uncertified ballot papers are recognized as ballot papers of an unspecified form and are not taken into account in the counting of votes.
18. In the event of the retirement of certain registered candidates whose surnames, first names and patronymic names are indicated on the ballot paper, the registration of the federal list of candidates is canceled or canceled after the production of ballots, territorial and precinct election commissions, upon instructions from the Central Election Commission of the Russian Federation, delete information on such candidates, political parties that have nominated such federal candidate lists.If it is necessary to make changes to the information about a political party in a prepared ballot, these changes, by decision of the Central Election Commission of the Russian Federation, may be introduced by members of the territorial or precinct election commission by hand or using technical means.
19. In case of registration of a federal list of candidates less than 10 days before voting day, the Central Election Commission of the Russian Federation shall have the right to make a decision on the inclusion of information on the political party that has nominated this federal list of candidates, regional groups of candidates registered in the ballots provided for by this article. candidates by hand or using technical means.
20. On the voting day after the end of the voting time, the unused ballots in the territorial election commission are counted and canceled, about which the relevant territorial election commission draws up an act. The persons specified in Part 5 of Article 29 of this Federal Law have the right to be present at the cancellation of ballots. These ballots are kept by the secretary of this election commission in a sealed form together with other documents of this election commission.
Article 74. Abandonment certificate
(as amended by Federal Law dated 04.10.2010 N 263-FZ)
1. The absentee certificate is a document of strict accountability. The absentee certificate is made in the form in accordance with Appendix 2 to the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”. The text of the absentee ballots, the number of absentee ballots, the form of the register for the issuance of absentee ballots shall be approved no later than 60 days before voting day by the Central Election Commission of the Russian Federation, which also determines the methods of protecting absentee ballots from counterfeiting during their manufacture.
2. In order to protect absentee ballots from counterfeiting, paper with watermarks and (or) printed with a microscript and (or) a protective mesh and (or) other special security elements are used in their manufacture.
3. The Central Election Commission of the Russian Federation shall place an order for the production of absentee ballots on the basis of its decision.
4. The transfer of absentee ballots by the higher election commission to the lower election commissions is carried out on the basis of the decision of the higher election commission on the distribution of absentee ballots between the lower election commissions and in accordance with the procedure established for the transfer of ballots.Responsibility for the transfer and safety of absentee ballots shall be borne by the chairmen of the election commissions carrying out the transfer, receipt and storage of absentee ballots.
5. A voter who will not be able to arrive on voting day at the polling station of the polling station where he is included in the voter list has the right to receive it from the relevant territorial election commission (45 – 20 days before voting day) or from the precinct election commission (19 or less days before voting day) an absentee certificate and take part in voting at the polling station where he will be on voting day.
6. The absentee certificate is issued by the relevant election commission on the basis of a written application from the voter indicating the reason for which he needs the absentee certificate. The absentee certificate is issued to the voter personally or to his representative on the basis of a notarized power of attorney. The power of attorney can also be certified by the administration of a stationary medical and preventive institution (if the voter is being treated in this institution), by the administration of the institution where suspects or accused of committing crimes are held in custody (if the voter is held in this institution as a suspect or accused).
7. The chairman, deputy chairman, secretary or other member of the electoral commission with a decisive vote, who issues the absentee ballots, shall enter in it the last name, first name and patronymic of the voter, the series and number of his passport or document replacing the passport of a citizen, the number of the polling station, where the voter is included in the voter list, the address of the precinct election commission, the name of the municipality and the subject of the Russian Federation on the territory of which the election precinct is formed, the name of the election commission that issued the absentee certificate, and also indicates his last name and initials, the date of issue of the absentee certificate, signs and puts the stamp of the respective election commission.
8. The territorial election commission shall issue an absentee certificate to a voter or his representative on the basis of information about voters submitted to the territorial election commission in accordance with Part 8 of Article 15 of this Federal Law. The territorial election commission draws up a register of issuing absentee ballots, which indicates the surname, name and patronymic, year of birth (at the age of 18 – additionally the day and month of birth), address of the voter’s place of residence.The chairman, deputy chairman, secretary or other voting member of the territorial election commission who issued the absentee certificate to the voter shall indicate the number of the issued absentee certificate in the corresponding columns of the register for the issuance of absentee certificates and sign.
9. The territorial election commission, 20 days before the voting day, shall send to the precinct election commissions, together with the first copy of the voter list, certified extracts from the register of issuing absentee ballots, which indicate information about voters who received absentee ballots registered in the territories of the respective polling stations.On the basis of the relevant extract, a member of the precinct election commission in the column “Special marks” of the voter list makes a note: “Received an absentee certificate N” from the territorial election commission, indicating the number of the issued absentee certificate and signs.
10. When an absentee certificate is issued to a voter at a precinct election commission, the chairman, deputy chairman, secretary or other voting member of the precinct election commission who issued the absentee certificate, makes a note in the column “Special marks” of the voter list: “Received absentee certificate N” indicating the number of the issued absentee certificate and signs.
11. Upon receipt of an absentee certificate, a voter indicates the series and number of his passport or document replacing a citizen’s passport in the corresponding columns of the register for issuing absentee ballots (in the territorial election commission) or the list of voters (in the precinct election commission) and signs. If an absentee certificate is received on the basis of a power of attorney by a voter’s representative, the series and number of the voter’s passport or a document replacing the citizen’s passport shall be indicated in the corresponding columns of the register for issuing absentee certificates or the voter list, while the voter’s representative indicates his last name, first name and patronymic, the series and number of the passport, or document, replacing the passport of a citizen, and signs.After that, the power of attorney is withdrawn from the voter’s representative and attached, respectively, to the register of issuing absentee certificates, to the list of voters.
12. A voter who has been issued an absentee certificate (including through his representative on the basis of a power of attorney) is excluded by the precinct election commission from the list of voters at the corresponding polling station for the given elections of deputies of the State Duma and is not taken into account when calculating the number of registered voters when drawing up the protocol of the precinct the election commission on the results of voting.
13. Re-issuance of an absentee certificate is not allowed. In case of loss of an absentee certificate, its duplicate will not be issued.
14. Upon presentation of an absentee certificate on election day, the voter is additionally included in the voter list at the polling station where he will be on election day. The precinct election commission makes a note in the column “Special marks” of the voter list: “I voted on the absentee certificate N” indicating the number of the absentee certificate presented by the voter.After that, the absentee certificate is withdrawn from the voter. Absentee certificates, on the basis of which voters are included in the voter list, are stored together with the specified voter list.
15. In case of loss of the absentee certificate blank, the election commission, which established the fact of such loss, immediately draws up an appropriate act and makes a decision, which indicates the number of the lost absentee certificate blank, the fact of loss of the blank and the reason for the loss.This decision is brought to the attention of the directly higher election commission and the Central Election Commission of the Russian Federation on the same day. On the basis of this decision, the Central Election Commission of the Russian Federation recognizes the corresponding absentee certificate invalid, and all lower election commissions are immediately informed of this. An invalid absentee certificate is not a basis for including a voter in the voter list.Upon presentation by the voter of such an absentee certificate, it is subject to withdrawal.
16. On the voting day, before the voting time, unused absentee ballots are canceled. Information on the redemption of unused absentee ballots, indicating their number and numbers, shall be entered by the relevant commission into an act drawn up in the form approved by the Central Election Commission of the Russian Federation.
17. The transfer of absentee ballots to election commissions and registration of absentee ballots, including with the use of the Vybory GAS, shall be carried out in accordance with the procedure approved by the Central Election Commission of the Russian Federation in accordance with paragraph 16 of Article 62 of the Federal Law “On Basic Guarantees of Electoral Rights and Rights to participate in the referendum of citizens of the Russian Federation “.
Article 75. Voting procedure
1. Voting is conducted from 8 am to 8 pm local time. If there is a place of residence of voters on the territory of a polling station whose working hours coincide with the voting time (when working at enterprises with a continuous cycle of work or working on a rotational basis), by a decision of the election commission of a constituent entity of the Russian Federation, the start time of voting at this polling station may be postponed to more early time, but not more than two hours.
2. Territorial and precinct election commissions are obliged to notify voters about the day, time and place of voting through the mass media or in any other way no later than 20 days before voting day, and in case of early voting in accordance with Article 76 of this Federal Law – not later than five days before the day of early voting.
3. At polling stations formed in military units, in hard-to-reach or remote areas, on ships that are sailing on voting day, at polar stations, the precinct election commission may declare voting finished before the time established by part 1 of this article, if they have voted all voters included in the voter list.
4. On the day of voting, before the start of voting, the chairman of the precinct election commission shall declare the voting premises open and present for examination to the members of the precinct election commission, the voters present, the persons specified in part 5 of Article 29 of this Federal Law, empty portable and stationary ballot boxes, which are then sealed with the seal of the precinct election commission (sealed). The chairman of a precinct election commission shall also present to the said persons sealed (sealed) portable ballot boxes with ballots filled in in accordance with Parts 2-9 Article 76 of this Federal Law by voters who voted early, if any.
5. Members of a precinct election commission with a decisive vote receive ballots from the chairman of the precinct election commission to be issued to voters and sign for their receipt. After that, the chairman of the precinct election commission invites voters to start voting.
6. Ballot papers are issued to voters included in the voter list upon presentation of a passport or document replacing a citizen’s passport, and if a voter votes with an absentee certificate, upon presentation of an absentee certificate.Each voter has the right to receive one ballot paper. Before issuing a ballot paper, a member of a precinct election commission must make sure that an absentee certificate was not issued to the voter, he did not vote early, the voter’s written statement (oral appeal) to provide him with the opportunity to vote outside the polling station was not registered in the register specified in part 2 of Article 77 of this Federal Law, and members of a precinct election commission have not been sent to it for voting outside the voting premises.
7. Upon receipt of a ballot paper, a voter shall enter in the voter list the series and number of his passport or document that replaces the passport of a citizen. With the consent of the voter or at his request, the specified information may be entered in the voter list by a member of the precinct election commission with a decisive vote. If there is an appropriate decision of the Central Election Commission of the Russian Federation, the series and number of the passport or document replacing the passport of a citizen can be entered into the voter list using the Vybory GAS when compiling the specified list.In this case, the voting member of the precinct election commission who issues the ballot paper shall verify the specified information with the corresponding entries in the document presented by the voter. The voter checks the correctness of the entry made and signs for the receipt of the ballot paper. The member of the precinct election commission who issued the ballot paper to the voter shall also sign in the corresponding column of the voter list. In case of voting with an absentee certificate, the corresponding additional marks are made in the voter list.
8. Voting shall be carried out by the voter entering into the ballot paper any sign in the square corresponding to the federal list of candidates in favor of which the choice was made.
(as amended by Federal Law of 12.07.2006 N 107-FZ)
9. Each voter votes personally. Voting for other voters is not allowed. The ballot paper is filled out in a booth or other specially equipped place for secret voting, where the presence of other persons is unacceptable, except for the case provided for in part 10 of this article.
10. A voter who cannot independently sign for receiving a ballot paper or fill out a ballot paper, take part in electronic voting, has the right to use the assistance of another person who is not a member of the election commission, a registered candidate, proxy or authorized representative of a political party, including on financial issues, an authorized representative of a regional branch of a political party on financial issues, an observer, a foreign (international) observer.Such a voter shall verbally notify the election commission of his intention to use the assistance of another person. In this case, the surname, first name and patronymic, series and number of the passport or document replacing the passport of the citizen, of the person assisting the voter, shall be indicated in the corresponding column (corresponding columns) of the voter list.
(as amended by Federal Laws of 26.04.2007 N 64-FZ, of 14.06.2011 N 143-FZ)
11. If a voter believes that he has made a mistake while filling out a ballot paper, he has the right to apply to the voting member of the precinct election commission who issued the ballot paper with a request to issue him a new ballot paper instead of the spoiled one.A member of a precinct election commission issues a new ballot to the voter, makes a corresponding mark in the voter list against the surname of this voter and signs. On the spoiled ballot paper, a voting member of a precinct election commission shall make a corresponding entry and certify it with his signature. This record is also certified by the signature of the secretary of the precinct election commission, after which such a ballot paper is immediately canceled.
12. The voter shall lower the filled-in ballot paper into a sealed (sealed) stationary ballot box.
13. The chairman of the precinct election commission monitors the order in the polling station. The orders of the chairman of the precinct election commission, issued within his competence, are binding on all those present at the polling station. In the absence of the chairman of a precinct election commission, his powers are exercised by the deputy chairman of the precinct election commission, and in the absence of the deputy chairman of a precinct election commission – by the secretary or another voting member of the precinct election commission authorized by it.
14. When voting, counting votes and drawing up the minutes of the precinct election commission on the results of voting in the voting room, in the premises of the precinct election commission, the persons specified in Part 5 of Article 29 of this Federal Law may be present. The list of persons who monitored the course of voting and the counting of votes of voters is compiled by the precinct election commission on the basis of the documents submitted by these persons.
15. A member of a precinct election commission is immediately suspended from participation in its work, and an observer and other persons are removed from the voting premises if they violate the legislation of the Russian Federation on elections. In these cases, an appropriate reasoned decision is made by a precinct or higher election commission. Law enforcement agencies ensure the execution of this decision and take measures to bring a member of a precinct election commission suspended from participation in the work of this election commission, as well as an observer and other persons removed from the voting room to accountability in accordance with the legislation of the Russian Federation.
16. Political parties that have registered federal lists of candidates, candidates, proxies and authorized representatives of political parties, as well as organizations, founders, owners, owners and (or) members of the governing bodies of which are these persons and organizations, other individuals and legal entities, acting at the request or on behalf of these persons and organizations, it is prohibited to take any action aimed at ensuring the delivery of voters to participate in the voting.
Article 76. Early voting
1. Election commissions of the constituent entities of the Russian Federation shall have the right to allow early (but not earlier than 15 days before voting day) voting of all voters at one or more polling stations formed in remote or remote areas, on ships that will be located on voting day sailing, at polar stations. The Central Election Commission of the Russian Federation has the right to permit early (but not earlier than 15 days before voting day) voting of all voters at one or more polling stations formed outside the territory of the Russian Federation.In these cases, early voting is carried out in compliance with the requirements provided for in Article 75 of this Federal Law. Counting of votes of voters and determination of voting results shall be carried out immediately after the end of early voting in accordance with the requirements provided for in Article 79 of this Federal Law.
2. If certain groups of voters included in the voter list at the relevant polling station are located in places significantly remote from the polling station, transport communication with which is absent or difficult (in hard-to-reach or remote areas, at polar stations and similar places) , and in this regard, it is impossible to conduct early voting in a polling station as a whole in accordance with part 1 of this article, the election commission of a constituent entity of the Russian Federation has the right to allow voting of these groups of voters ahead of schedule (but not earlier than 15 days before voting day) within several days in the manner prescribed by parts 3 – 9 of this article.The Central Election Commission of the Russian Federation has the right to permit voting of groups of voters residing outside the territory of the Russian Federation ahead of schedule (but not earlier than 15 days before voting day) within several days in the manner prescribed by parts 3-9 of this article.
3. For early voting, specified in part 2 of this article, portable voting boxes are used, the number of which is determined by the relevant precinct election commission.Before early voting, empty mobile ballot boxes shall be presented in the premises of the precinct election commission to the majority of the members of the precinct election commission, as well as to those present specified in Part 5 of Article 29 of this Federal Law, about which an act is drawn up. After that, empty portable ballot boxes are sealed (sealed).
4. On the face of each ballot paper issued to an early voter, in the upper right corner, the signatures of two voting members of the precinct election commission shall be put, certified by the seal of the precinct election commission.
5. Early voting outside the polling station shall be carried out by at least two voting members of the precinct election commission, who must have with them a portable ballot box previously sealed (sealed) in the precinct election commission, the required number of ballots in the established form, an extract from a voter list containing information about voters to whom they travel to conduct early voting, or a voter list, as well as the necessary writing materials (except for pencils) for the voter to fill out the ballot paper.
6. An early voter shall sign for receipt of the ballot paper issued to him in an extract from the voter list or in the voter list. In the above extract or list, members of the precinct election commission conducting early voting make a note that the voter voted early, indicate the date and time of voting. If the voter signed the extract from the voter list, then the specified marks, as well as the series and number of the passport or document replacing the citizen’s passport, after the end of the early voting, are entered into the voter list.This extract is kept together with the voter list.
7. A voter fills out a ballot paper and lowers it into a portable ballot box in accordance with the procedure established by Article 75 of this Federal Law.
8. An act is drawn up on early voting, indicating the day and time of voting, the number of voters who received ballots to participate in early voting, the names of members of the election commission, and other persons who were present at the vote.This act is kept together with a portable ballot box.
9. From the moment of the end of early voting, the slots for ballots in portable ballot boxes shall be sealed by the chairman of the precinct election commission. Storage of portable ballot boxes is provided by the secretary of the precinct election commission. Portable ballot boxes are not opened until the start of the direct counting of votes at the polling station.Portable ballot boxes with ballots in them, which were filled in by voters who voted early, may not be used for voting on election day.
10. During early voting, the persons specified in Part 5 of Article 29 of this Federal Law may be present. When early voting is carried out using portable ballot boxes, the precinct election commission must provide at least two persons from among its members with the right of an advisory vote, observers appointed by different political parties, equal to the members of the precinct election commission leaving for early voting with the decisive right. votes of the possibility of arriving at the place of early voting.
11. Early voting shall be conducted only at the time established by the decision of the relevant precinct election commission, which must be communicated to the voters and persons specified in Part 5 of Article 29 of this Federal Law through the mass media or in another way.
12. When conducting early voting, the precinct election commission is obliged to ensure the secrecy of voting, exclude the possibility of distorting the expression of the will of voters, ensure the safety of ballots and the registration of votes when determining the voting results.
Article 77. Voting procedure outside the polling station
1. A precinct election commission is obliged to ensure the possibility of voting for voters who have the right to be included or are included in the voter list at this polling station, but cannot, for valid reasons (for health reasons, disability), independently arrive at the polling station. The precinct election commission also provides the opportunity to vote for voters who are included in the voter list at the given polling station and are in places of detention of suspects and accused of committing crimes.
(as amended by Federal Law dated 26.04.2007 N 64-FZ)
2. Voting outside the polling station, with the exception of the cases provided for in Article 76 of this Federal Law, shall be conducted only on voting day on the basis of a written application (oral appeal) of the voter (including that submitted with the assistance of other persons) to provide him with the opportunity to vote outside premises for voting. The said application (appeal) may be submitted (made) by a voter at any time after the formation of a precinct election commission, but no later than six hours before the end of the voting time.The precinct election commission registers all applications (appeals) in a special register, which, after the end of voting, is stored together with the voter list. An application (oral appeal) received later than the specified period is not subject to satisfaction, about which the voter or the person who assisted in the transmission of the appeal is notified orally immediately at the time of acceptance of the application (oral appeal).
(as amended by Federal Law of 25.07.2011 N 262-FZ)
3.When registering an oral appeal of a voter in the register in accordance with part 2 of this article, the time of receipt of this appeal, the surname, name and patronymic of the voter who has declared his desire to vote outside the polling station, the address of his place of residence shall be indicated, as well as the signature of a member of the precinct election commission who received the appeal (telephone message, message, etc.). If the appeal is submitted with the assistance of another person, the register also indicates the last name, first name and patronymic of this person and the address of his place of residence.Upon arrival of the members of the precinct election commission to the voter, the appeal of the voter is confirmed by a written statement.
4. In a written statement (oral appeal) of the voter about the opportunity to vote outside the polling station, the reason why the voter cannot come to the polling station must be stated. The application must contain the surname, name and patronymic of the voter, the address of his place of residence. The precinct election commission at its meeting has the right to recognize as disrespectful the reason why the voter cannot independently come to the polling station, and on this basis, refuse the voter to vote outside the polling station.The electoral commission shall immediately notify the voter of the decision to refuse to hold such a vote.
5. The chairman of the precinct election commission is obliged to announce that the members of the precinct election commission will vote outside the polling station, no later than 30 minutes before the forthcoming departure (exit) for such voting, and also propose to the members of the precinct election commission with the right of a deliberative vote and observers to be present at its holding.
(as amended by Federal Law of 25.07.2011 N 262-FZ)
6. A precinct election commission must have the necessary number of portable ballot boxes intended for holding the voting provided for in this article. The number of such boxes is determined by the decision of the territorial election commission. At the same time, the maximum number of portable ballot boxes used on voting day outside the polling station at one polling station, depending on the number of voters registered in the territory of the polling station, is:
(as amended byFederal Law of 25.07.2011 N 262-FZ)
1) up to 501 voters – 1 portable ballot box;
(as amended by Federal Law of 25.07.2011 N 262-FZ)
2) from 501 to 1001 voters – 2 portable ballot boxes;
(as amended by Federal Law of 25.07.2011 N 262-FZ)
3) more than 1000 voters – 3 portable ballot boxes.
(as amended by Federal Law of 25.07.2011 N 262-FZ)
6.1. By a decision of the territorial election commission, the number of portable ballot boxes used outside the voting premises specified in clauses 1 and 2 of part 6 of this article may be increased, but not more than by 1 portable box if at least one of the following conditions is met:
1) a polling station includes the territories of several settlements, and the settlement where the polling station is located is out of pedestrian accessibility to other settlements during the voting time;
2) a place of temporary residence of voters is located on the territory of a polling station, where a polling station has not been established;
3) more than 50 voters over 80 years of age and (or) disabled persons are registered on the territory of the polling station, information about whom is presented in accordance with clause 16.1 Article 20 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”;
4) when the day of voting at the elections of deputies of the State Duma is combined with the day of voting at the elections of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation and (or) the body of local self-government, the voter has the opportunity to vote simultaneously on more than two ballots.
(Part 6.1 introduced by Federal Law No. 262-FZ of 25.07.2011)
7. Voting members of a precinct election commission who vote outside the polling station receive ballots and sign their receipt in the list of ballots issued for voting outside the polling station. The total number of ballots received may not exceed by more than 5 percent the number of applications (oral communications) received by the time of departure (but not less than two ballots).Voting outside the polling station is carried out by at least two voting members of the precinct election commission, who must have a portable voting box previously sealed (sealed) in the precinct election commission, the required number of ballots in the established form, the register specified in part 2 of this article, or a certified extract from it, containing the necessary data on voters and a record of received applications (appeals) from voters about the possibility of voting outside the polling station, received written applications from voters about the opportunity for them to vote outside the polling station, as well as the necessary writing materials (with the exception of pencils) for filling in ballots by voters.Voting outside the polling station may be carried out by one voting member of a precinct election commission, provided that at least two persons from among the persons specified in part 12 of this article are present.
(as amended by Federal Law of 25.07.2011 N 262-FZ)
8. Voting outside the voting premises shall be carried out in compliance with the requirements provided for in Article 75 of this Federal Law.
9. On a written application for the opportunity to vote outside the polling station, the voter indicates the series and number of his passport or document that replaces the passport of a citizen, and signs for the receipt of the ballot paper.With the consent of the voter or at his request, the specified information may be entered into the application by a member of the precinct election commission with a decisive vote. The voting members of the precinct election commission shall certify the fact of issuance of the ballot paper by their signatures on the voter’s application. The statement shall also contain notes on the receipt of a new ballot paper to replace the spoiled one.
9.1. In the event that a voter, due to disability or for health reasons, cannot independently sign for receiving a ballot or fill out a ballot, he has the right to use the assistance of another voter for this in the manner prescribed by Part 10 of Article 75 of this Federal Law.
(Part 9.1 was introduced by Federal Law of June 14, 2011 N 143-FZ)
10. Voting members of a precinct election commission who vote outside the polling station are entitled to issue ballots only to those voters whose applications (appeals) are registered in the register in accordance with part 2 of this article.
11. The series and number of a passport or a document replacing the passport of a citizen, a voter who voted outside the polling station, shall be entered into the voter list by members of the precinct election commission with a decisive vote who left on applications (requests) of voters.At the same time, a note is made in the corresponding column (corresponding columns) of the voter list: “I voted outside the polling station”, as well as the signatures of the indicated members of the precinct election commission.
12. When voting is conducted outside the polling station, non-voting members of a precinct election commission and observers may be present. At the same time, a precinct election commission must ensure that at least two persons from among its members with the right of an advisory vote, observers appointed by different political parties, who are equal with voting members of this commission with a decisive vote outside the voting premises, have the opportunity to arrive at the place of voting.The organization of voting outside the voting premises should exclude the possibility of violating the electoral rights of citizens, as well as distorting the expression of the will of voters.
13. If a voter from whom an application (appeal) was received to provide him with the opportunity to vote outside the polling station, arrived at the polling station after voting members of the precinct election commission were sent to him to vote outside the polling station. voting, none of the members of the precinct election commission shall have the right to issue him a ballot paper at the polling station until the members of the precinct election commission who vote outside the voting premises at the request (appeal) of this voter have returned, and it is established that the indicated voter has not voted outside the polling station.
14. At the end of voting using each portable ballot box, the precinct election commission shall draw up an act specifying the number of ballots issued to voting members of the precinct election commission who voted outside the voting premises, the number of opportunities to vote outside the polling station, the number of ballots issued to voters and returned (unused, spoiled by voters), as well as information on voting members of a precinct election commission who voted outside the voting premises, on members of a precinct election commission with an advisory vote and observers who were present during the voting outside the polling station.
On the need to introduce the duty of a security guard to present any identity document at the request of other persons
There is a need to introduce in clause 5) part 1 of Art. 12.1 of the Law of the Russian Federation On private detective and security activities, the duty of any person performing the functions of a security guard is to present any service card or other identity document at the request of any person, as well as to replace the concept of “citizen” with the concept of “person”.
The introduction of these changes is necessary to exclude the possibility of illegal actions by any persons under the pretext of fulfilling the duties of a security guard and an ambiguous interpretation of the concept of “citizen”, as well as the possible violation of the legal rights of stateless persons, since, according to cl.5) Part 1 of Art. 12.1, private security guards, when providing intra-facility and access regimes, are obliged to present, at the request of law enforcement officers, other citizens, a private security certificate. Instructions on the obligation to present another service card or other identity documents, to present a private security card at the request of stateless persons, or the right of private security guards to refuse to present it to these persons, or on the demand by a private security guard to present documents proving the identity of a citizen or otherwise person is absent in this Law.
The absence of these instructions means that a private security guard is obliged to present, at the request of law enforcement officers, other citizens only a certificate of a private security guard, while a person performing the functions of a security guard, not being a private security guard, is not obliged to present any citizens with documents confirming his authority or identity, and a citizen is understood as any natural person.
In practice, various objects are not always guarded by private security guards who have been issued the appropriate certificates, since these persons can illegally work as private security guards or work as other persons performing security functions (guards, watchmen, controllers of the trading floor, etc.).at the same time, the wearing of uniforms is not obligatory by law for both private security guards and for other persons performing the functions of security guards. Legally (Article 3 of the Federal Law On Citizenship of the Russian Federation), a citizen is understood as a person who has Russian citizenship and (or) foreign citizenship (nationality).
The foregoing testifies to the need to introduce in paragraph 5) part 1 of Art. 12.1 of the Law of the Russian Federation On private detective and security activities, the duty of any person performing the functions of a security guard is to present any service certificate or other identity document, at the request of any person, and to replace, in the specified norm of this Law, the concept of “citizen” with the concept of “person” for exclusion the possibility of unlawful actions by any person under the pretext of fulfilling the duties of a guard and an ambiguous interpretation of this norm, as well as compliance with the principle of equality of all before the law and the court.These changes will contribute to the observance of the principles of the highest value of human rights and freedoms (Article 2 of the Constitution of the Russian Federation), as well as equality of all before the law and the court (Article 19 of the Constitution of the Russian Federation), anti-corruption, as well as streamlining legal norms and judicial practice.
Compliance with the principles of the highest value of human rights and freedoms (Article 2 of the Constitution of the Russian Federation), as well as equality of all before the law and court (Article 19 of the Constitution of the Russian Federation), combating corruption, as well as streamlining legal norms and judicial practice.
How to protect copyright
Copyright infringements occur every day – scripts, scientific articles, stories, etc. are stolen. Both novice authors and experienced freelancers know about this. Often, stolen and posted, for example, on the Internet, work can cost the author too much. In addition to the obvious damage, there may be other, less predictable consequences. For example, many prestigious creative competitions, participation in which can bring recognition and fame, accept only those works that have never been published anywhere before.In this case, the “drain” of the work, say, by a competitor, will ruin all efforts.
First you need to understand what is the subject of copyright. Article 1259 of the Civil Code of the Russian Federation states that the objects of copyright are works of science, literature and art, regardless of the merits and purpose of the work, as well as the way of its expression: literary works; dramatic and musical-dramatic works, script works; choreographic works and pantomimes; musical works with or without text; audiovisual works; works of painting, sculpture, graphics, design, graphic stories, comics and other works of visual art; works of arts and crafts and scenographic art and photographic works, etc.Copyright also includes computer programs protected as literary works.
Copyright extends to both published and unpublished works expressed in any objective form, including in written, oral form (in the form of public speaking, public performance and other similar form), in the form of an image, in form of sound or video recording, in volumetric form.
For the emergence, exercise and protection of copyright, registration of a work or compliance with any other formalities is not required, unlike patent rights for an invention, which are registered in our country.Representatives of the creative professions talked a lot about the need to create a special database for authors, placing a work in which would help protect copyright. However, the creation of such a resource is a time-consuming and technically complex process, because every day a lot of texts are created, it is almost a fantastic task to preserve such volumes. Even if such a service appeared, it would hardly give a 100% guarantee that the idea or work would not be stolen.
It happens that an author sends a manuscript to a publisher, or an article to a scientific journal, but his letter remains unanswered.And after a while, the author learns that his article or book has been published under the name of another person, his play has already been staged in the theater, etc. In such a case, it is important to be able to prove that an article published in, say, December, was written by you in June. Previously, people used a very archaic and unreliable method: before taking, for example, a manuscript of a book to a publishing house, they sent the original copy of the work to their own address by registered mail.This was used not only by authors of literary works and scientific articles, but also by photographers. They put the negatives of the photos in the envelope. In the event of a legal dispute, the envelope, on which the date stamps were affixed, as proof of authorship and the time of creation, was opened right in the court.
Unfortunately, this method has extremely serious drawbacks: the shipment can be lost or damaged. In addition, there is a high probability that you will have to prove that the letter or postage stamp is not a fake, the envelope was not opened, and then carefully sealed.
There is a much more reliable and modern method of copyright protection, which does not have the disadvantages indicated above. It is possible to protect the fruits of intellectual labor by certifying the time of presentation of documents by a notary. Before transferring his work to publishers or any other third parties, the author can apply to any notary office for this notarial act.
The author presents to the notary the original source of the work, the rights to which he wants to protect.When certifying the time of presentation of the document, the notary examines the document itself, checks that there are no corrections and erasures in it. If they are, then they must be specified. The text of the document should not be written in pencil, it should be clear and understandable. Further, the notary makes an attestation inscription on two copies of the document presented to him. It must contain the following information:
– last name, first name, patronymic of the notary,
– location of his office,
– date, time of presentation of the document,
– last name, first name, patronymic of the bearer of the document and
– his place residence.
If several documents are presented to the notary at the same time, the attestation inscription shall be made on each of them.
One of the copies remains with the author, the second will be kept by the notary. After that, you can fearlessly transfer your text to the person concerned.
If someone nevertheless illegally uses intellectual work, the author will be able to present his copy of the work, which indicates his name and the time of its presentation to a notary. If the situation is not resolved amicably, then the notarial deed will become evidence for the court.So, for example, if an author sent a work by e-mail, having previously visited a notary in September, and it was published under a false name in December, there will be more opportunities to prove his copyright in court. A notarized document has increased evidentiary force, which means that it does not require additional proof, as in the case of a copy sent to itself by mail. It is almost impossible to challenge the notarial deed. Changes, if they were made to the author’s text by those who published it without permission, will be evaluated during the examination.Even if the author’s copy is lost, the notary will have a copy of it. And in the event of a dispute, it will be referred to the court and will undoubtedly become a serious argument for him.
Protect your copyrights if a violation has occurred on the Internet, for example, the content of your site is used without your permission, your domain is stolen, your author’s video, photo, article, etc.