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ГД 2003 / English / On the State Automated System of the Russian Federation Vybory


 No. 20-FZ, January 10, 2003 

RUSSIAN FEDERATION

FEDERAL LAW 

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

Adopted by the State Duma

on December 20, 2002

 

Approved by the Federation Council

on December 27, 2002

 

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

 

Chapter I. General

Article 1. Sphere of Action of this Federal Law

Article 2. Main Terms and Concepts.

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

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

Chapter II. Status of GAS "Vybory"

Article 5. Status and Purpose of GAS "Vybory"

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

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

Article 8. Structure of GAS "Vybory"

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

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

 Article 11. System Administrator

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

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

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

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

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

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

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

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

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

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

Article 19. Development of GAS "Vybory"

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

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

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

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

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

Article 24. Responsibility for Violations of this Federal Law

Chapter VII. Funding of GAS "Vybory"

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


Chapter I. General

 

Article 1. Sphere of Action of this Federal Law

 

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

 

Article 2. Main Terms and Concepts

 

1. For the purposes of this Federal Law:

 

(1) "State Automated System of the Russian Federation" means an automated information system realizing information processes during the preparation and conduct of elections and a referendum;

 

(2) "database of GAS 'Vybory'" means an objective form of presentation and organization of a body of data systematized so that this data could be found and processed by means of a complex of automation facilities of GAS "Vybory";

 

(3) "information security in GAS 'Vybory'" means protection of information in GAS "Vybory" from unauthorized access to this information, from malfunctioning of the software and hardware facilities used for the acquisition, processing, accumulation, storage, search for and transmission of information in GAS "Vybory" or from the failure of such facilities, ensured by a set of measures and means for information protection;

 

(4) "information processes in GAS 'Vybory'" means acquisition, processing, accumulation, storage, search for and transmission of information by means of complexes of automation facilities of GAS "Vybory";

 

(5) "information resources of GAS 'Vybory'" means separate documents, separate bodies of documents, documents and bodies of documents which are formed, stored and used in GAS "Vybory";

 

(6) "complexes of automation facilities of GAS 'Vybory'" (hereafter "complexes of automation facilities") means a set of software and hardware facilities intended for acquisition, processing, accumulation, storage, search for and transmission of information;

 

(7) "personal data" means the information contain in GAS "Vybory," which allows the personality of a citizen to be identified and the list of which is established by federal laws;

 

(8) "system administrator" means a specialist in charge of operation of a complex of automation facilities in an election commission, referendum commission;

 

(9) "fragment of GAS 'Vybory'" means a part of GAS "Vybory" which functions on the territory of a subject of the Russian Federation and may be used separately in the preparation and conduct of elections and a referendum of an appropriate level and also to deal with tasks unrelated to elections and a referendum;

 

(10) "use of GAS 'Vybory'" means application of GAS "Vybory" in the preparation and conduct of elections and a referendum, in the exercise of other powers of election commissions, referendum commissions intended to assure electoral rights of Russian Federation citizens and their right to participate in a referendum, and in dealing with tasks unrelated to elections and a referendum;

 

(11) "operation of GAS 'Vybory'" means measures ensuring stable functioning of GAS "Vybory" during its use;

 

(12) "development of GAS 'Vybory'" means a purposeful upgrading of the characteristics of GAS "Vybory" or expansion of its functions;

 

(13) "electronic digital signature in GAS 'Vybory'" means an element of an electronic document prepared with the use of GAS "Vybory", intended for protection of this document against forgery. This element is produced as a result of encryption of the information with the use of a private key of an electronic digital signature and makes it possible to identify the owner of the signature key certificate and to establish absence of any distortions in an electronic document;

 

(14) "legal force of a document" means a property of a document in GAS "Vybory" which, under the federal laws, allows documents to be used separately or together with other documents for the performance of legally significant acts.

 

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

 

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

 

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

 

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

 

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

 

(1) observance of the constitutional rights of citizens in the automatic processing of the information about them;

 

(2) assurance of openness of the activity of election commissions, referendum commissions when GAS "Vybory" is used;

 

(3) prompt information of voters, referendum participants about the progress and results of elections and a referendum;

 

(4) inadmissibility of any interference in the information processes in GAS "Vybory" on the part of bodies of state power, government agencies, bodies of local self-government, their officials, other persons and organizations which are forbidden by federal laws to interfere in such processes;

 

(5) combination of centralization and decentralization in the management of the use and operation of GAS "Vybory";

 

(6) obligatory use of GAS "Vybory" in the preparation and conduct of elections and a referendum, inadmissibility of the use of other automated system and information technologies in place of GAS "Vybory" for these purposes;

 

(7) ensuring of information security in GAS "Vybory" in conjunction with the openness of the system and accessibility of the information contained in the information resources of GAS "Vybory," subject to federal laws;

 

(8) ensuring of the authenticity of the information obtained with the use of GAS "Vybory";

 

(9) use of general-purpose license software, certified specialized software and hardware and communication facilities in GAS "Vybory";

 

(10) inadmissibility of connection of GAS "Vybory" to the Internet;

 

(11) when GAS "Vybory" is used in the conduct of elections and a referendum inadmissibility of its connection to other information systems and communications networks which are not used in GAS "Vybory."

 

 

Chapter II. Status of GAS "Vybory"

 

Article 5. Status and Purpose of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

(1) establish the procedure for the use of GAS "Vybory" in the preparation and conduct of elections and a referendum in so far as this procedure is not regulated by federal laws;

 

(2) take measures to organize a uniform procedure for the use and operation of GAS "Vybory" by election commissions, referendum commissions; approve the rules for adjusting GAS "Vybory" to the mode of operation corresponding to the preparation and conduct of elections and a referendum;

 

(3) establish the procedure for the use of GAS "Vybory" to deal with tasks unrelated to elections and a referendum, subject to federal laws;

 

(4) establish the procedure for ensuring information security in GAS "Vybory";

 

(5) organize and exercise control over the compliance with the uniform procedure for the use and operation of GAS "Vybory" and compliance with the requirements of information security in GAS "Vybory";

 

(6) determine the guidelines for the development of GAS "Vybory";

 

(7) approve the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation;

 

(8) exercise other powers provided for by federal laws.

 

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

 

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

 

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

 

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

 

(1) make arrangements for the use and operation of GAS "Vybory" on the territory of the subject of the Russian Federation and for the delivery of the information about the progress and results of elections and referendums of all levels to the Central Election Commission of the Russian Federation with the use of GAS "Vybory," subject to the established procedure;

 

(2) ensure information security and exercise control over compliance with the information security requirements in the relevant fragments of GAS "Vybory";

 

(3) render assistance in the implementation of the development program of GAS "Vybory";

 

(4) approve the statute of the information center of the election commission of the subject of the Russian Federation;

 

(5) acting within the scope of its competence adopt acts on the issues connected with the use and operation of GAS "Vybory";

 

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

 

(1) make arrangements for the use and operation of complexes of automation facilities and for the delivery of the information about the progress and results of elections and a referendum to the higher election commission, referendum commission with the use of GAS "Vybory," subject to the established procedure;

 

(2) ensure information security in the complexes of automaton facilities;

 

(3) acting within the scope of their competence adopt acts on the issues connected with the use of GAS "Vybory."

 

Article 8. Structure of GAS "Vybory"

 

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

 

2. GAS "Vybory" shall include:

 

(1) a complex of automation facilities of the Central Election Commission of the Russian Federation;

 

(2) complexes of automation facilities of election commissions of the subjects of the Russian Federation;

 

(3) complexes of automation facilities of municipal, district, territorial election commissions.

 

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

 

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

 

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

 

2. The Federal Center of Information Technologies shall:

 

(1) provide organizational, technical, informational, methodological and other kinds of support of GAS "Vybory";

 

(2) provide organizational and methodological guidance for the activity of information centers of election commissions of the subjects of the Russian Federation and system administrators;

 

(3) organize interaction of GAS "Vybory" with the information systems of bodies of state power, government agencies, bodies of local self-government, other information systems;

 

(4) exercise possession, use and management of the property comprised in GAS "Vybory" in accordance with the aims of its activity and the purpose of the property, subject to federal laws and the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation;

 

(5) ensure information security in GAS "Vybory";

 

(6) acting within the scope of its competence adopt organizational, normative, technical and methodological documents, enter into contracts and agreements, subject to the established procedure;

 

(7) exercise other powers in accordance with the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation.

 

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

 

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

 

(1) providing technical and informational support for the activity of election commissions, referendum commissions acting on the territory of the given subject of the Russian Federation;

 

(2) automating information processes in GAS "Vybory" in the course of the preparation and conduct of elections and a referendum on the territory of the subject of the Russian Federation;

 

(3) dealing with tasks unrelated to elections and a referendum, subject to the established procedure.

 

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

 

Article 11. System Administrator

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The information resources of GAS "Vybory" shall include:

 

(1) personal data on voters, referendum participants, on nominated candidates, registered candidates for an elective office, on elected candidates, on agents, on authorized representatives, on members of election commissions, referendum commissions. The list of such data shall be established by federal laws;

 

(2) information about the progress of voting and vote returns;

 

(3) cartographic information about the administrative and territorial division of the federal and regional level, about the territorial structure of municipalities to be used in the preparation and conduct of elections and a referendum;

 

(4) information relating to the activities of election commissions, referendum commissions;

 

(5) information about normative legal acts on elections and a referendum;

 

(6) other information stipulated by federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(1) members of the Central Election Commission of the Russian Federation, members of election commissions of the subjects of the Russian Federation, district, territorial election commissions, referendum commissions, personnel of these commissions and the operating personnel of GAS "Vybory," if such information is required by them for the performance of their official duties;

 

(2) citizens who request personal data about themselves;

 

(3) officials of bodies of state power, government agencies, bodies of local self-government who are allowed access to such information by federal laws.

 

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

 

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

 

 

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

 

Article 19. Development of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

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

 

(1) ensuring of the preservation and authenticity of the information contained in GAS "Vybory";

 

(2) maintenance of the integrity of GAS "Vybory" and serviceability of its fragments and supporting facilities;

 

(3) preservation of the established configuration of complexes of automation facilities.

 

 

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

 

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

 

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

 

2. The main protection measures shall provide for:

 

(1) certification of GAS "Vybory" and its protection facilities to be carried out in the procedure established by federal laws;

 

(2) use of certified special software and general-purpose license software as well as certified technical and communication equipment;

 

(3) prevention of unauthorized access to GAS "Vybory";

 

(4) arrangements to ensure the authenticity and integrity of the information in GAS "Vybory";

 

(5) protection of the information being transmitted over communications networks;

 

(6) special comprehensive inspection of GAS "Vybory" and its fragments to check their readiness for the preparation and conduct of elections and a referendum;

 

(7) use of the duly approved operation and maintenance documentation;

 

(8) arrangements to ensure preservation and serviceability of complexes of automation facilities;

 

(9) personnel training confirmed by a certificate entitling its holder to operate complexes of automation facilities;

 

(10) establishment of responsibility for violation of the rules for the use and operation of GAS "Vybory" and its fragments.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3. The supervisory team shall be entitled to:

 

(1) check the operational readiness of a complex of automation facilities, other equipment of GAS "Vybory";

 

(2) check compliance with the instructions and other documents of the Central Election Commission of the Russian Federation and the Federal Center of Information Technologies relating to the use of GAS "Vybory," including complexes for processing election and referendum ballots;

 

(3) examine any information entered in and retrieved from GAS "Vybory," information transmitted to an election commission, referendum commission over communications networks and other information, as required for the performance of supervisory functions;

 

(4) check for correct entry of data from protocols of election commissions, referendum commissions and for correct re-entry of data or correction of entered data, if an election commission takes a relevant decision;

 

(5) compare the results of manual and automatic processing of information;

 

(6) require explanation of their actions from the personnel operating complexes of automation facilities in an election commission, referendum commission;

 

(7) make sure that the performance of actions provided for by the regulations and plans of election commission are duly documented (by log entries, written documents, computer printouts certified by members of the supervisory team);

 

(8) involve in its work experts and specialists in the field of automatic information systems, when the head of the supervisory team deems it necessary to do so;

 

(9) submit proposals and remarks to a relevant information center.

 

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

 

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

 

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

 

Article 24. Responsibility for Violations of this Federal Law

 

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

 

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

 

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

 

 

Chapter VII. Funding of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

V. PUTIN

President of the Russian Federation

 

Moscow, Kremlin

January 10, 2003

No. 20-FZ

 

No. 20-FZ, January 10, 2003

 

RUSSIAN FEDERATION

FEDERAL LAW

 

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

 

Adopted by the State Duma

on December 20, 2002

 

Approved by the Federation Council

on December 27, 2002

 

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

 

Chapter I. General

 

Article 1. Sphere of Action of this Federal Law

 

Article 2. Main Terms and Concepts.

 

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

 

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

 

Chapter II. Status of GAS "Vybory"

 

Article 5. Status and Purpose of GAS "Vybory"

 

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

 

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

 

Article 8. Structure of GAS "Vybory"

 

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

 

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

 

Article 11. System Administrator

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Article 19. Development of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

Article 24. Responsibility for Violations of this Federal Law

 

Chapter VII. Funding of GAS "Vybory"

 

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


Chapter I. General

 

Article 1. Sphere of Action of this Federal Law

 

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

 

Article 2. Main Terms and Concepts

 

1. For the purposes of this Federal Law:

 

(1) "State Automated System of the Russian Federation" means an automated information system realizing information processes during the preparation and conduct of elections and a referendum;

 

(2) "database of GAS 'Vybory'" means an objective form of presentation and organization of a body of data systematized so that this data could be found and processed by means of a complex of automation facilities of GAS "Vybory";

 

(3) "information security in GAS 'Vybory'" means protection of information in GAS "Vybory" from unauthorized access to this information, from malfunctioning of the software and hardware facilities used for the acquisition, processing, accumulation, storage, search for and transmission of information in GAS "Vybory" or from the failure of such facilities, ensured by a set of measures and means for information protection;

 

(4) "information processes in GAS 'Vybory'" means acquisition, processing, accumulation, storage, search for and transmission of information by means of complexes of automation facilities of GAS "Vybory";

 

(5) "information resources of GAS 'Vybory'" means separate documents, separate bodies of documents, documents and bodies of documents which are formed, stored and used in GAS "Vybory";

 

(6) "complexes of automation facilities of GAS 'Vybory'" (hereafter "complexes of automation facilities") means a set of software and hardware facilities intended for acquisition, processing, accumulation, storage, search for and transmission of information;

 

(7) "personal data" means the information contain in GAS "Vybory," which allows the personality of a citizen to be identified and the list of which is established by federal laws;

 

(8) "system administrator" means a specialist in charge of operation of a complex of automation facilities in an election commission, referendum commission;

 

(9) "fragment of GAS 'Vybory'" means a part of GAS "Vybory" which functions on the territory of a subject of the Russian Federation and may be used separately in the preparation and conduct of elections and a referendum of an appropriate level and also to deal with tasks unrelated to elections and a referendum;

 

(10) "use of GAS 'Vybory'" means application of GAS "Vybory" in the preparation and conduct of elections and a referendum, in the exercise of other powers of election commissions, referendum commissions intended to assure electoral rights of Russian Federation citizens and their right to participate in a referendum, and in dealing with tasks unrelated to elections and a referendum;

 

(11) "operation of GAS 'Vybory'" means measures ensuring stable functioning of GAS "Vybory" during its use;

 

(12) "development of GAS 'Vybory'" means a purposeful upgrading of the characteristics of GAS "Vybory" or expansion of its functions;

 

(13) "electronic digital signature in GAS 'Vybory'" means an element of an electronic document prepared with the use of GAS "Vybory", intended for protection of this document against forgery. This element is produced as a result of encryption of the information with the use of a private key of an electronic digital signature and makes it possible to identify the owner of the signature key certificate and to establish absence of any distortions in an electronic document;

 

(14) "legal force of a document" means a property of a document in GAS "Vybory" which, under the federal laws, allows documents to be used separately or together with other documents for the performance of legally significant acts.

 

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

 

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

 

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

 

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

 

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

 

(1) observance of the constitutional rights of citizens in the automatic processing of the information about them;

 

(2) assurance of openness of the activity of election commissions, referendum commissions when GAS "Vybory" is used;

 

(3) prompt information of voters, referendum participants about the progress and results of elections and a referendum;

 

(4) inadmissibility of any interference in the information processes in GAS "Vybory" on the part of bodies of state power, government agencies, bodies of local self-government, their officials, other persons and organizations which are forbidden by federal laws to interfere in such processes;

 

(5) combination of centralization and decentralization in the management of the use and operation of GAS "Vybory";

 

(6) obligatory use of GAS "Vybory" in the preparation and conduct of elections and a referendum, inadmissibility of the use of other automated system and information technologies in place of GAS "Vybory" for these purposes;

 

(7) ensuring of information security in GAS "Vybory" in conjunction with the openness of the system and accessibility of the information contained in the information resources of GAS "Vybory," subject to federal laws;

 

(8) ensuring of the authenticity of the information obtained with the use of GAS "Vybory";

 

(9) use of general-purpose license software, certified specialized software and hardware and communication facilities in GAS "Vybory";

 

(10) inadmissibility of connection of GAS "Vybory" to the Internet;

 

(11) when GAS "Vybory" is used in the conduct of elections and a referendum inadmissibility of its connection to other information systems and communications networks which are not used in GAS "Vybory."

 

 

Chapter II. Status of GAS "Vybory"

 

Article 5. Status and Purpose of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

(1) establish the procedure for the use of GAS "Vybory" in the preparation and conduct of elections and a referendum in so far as this procedure is not regulated by federal laws;

 

(2) take measures to organize a uniform procedure for the use and operation of GAS "Vybory" by election commissions, referendum commissions; approve the rules for adjusting GAS "Vybory" to the mode of operation corresponding to the preparation and conduct of elections and a referendum;

 

(3) establish the procedure for the use of GAS "Vybory" to deal with tasks unrelated to elections and a referendum, subject to federal laws;

 

(4) establish the procedure for ensuring information security in GAS "Vybory";

 

(5) organize and exercise control over the compliance with the uniform procedure for the use and operation of GAS "Vybory" and compliance with the requirements of information security in GAS "Vybory";

 

(6) determine the guidelines for the development of GAS "Vybory";

 

(7) approve the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation;

 

(8) exercise other powers provided for by federal laws.

 

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

 

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

 

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

 

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

 

(1) make arrangements for the use and operation of GAS "Vybory" on the territory of the subject of the Russian Federation and for the delivery of the information about the progress and results of elections and referendums of all levels to the Central Election Commission of the Russian Federation with the use of GAS "Vybory," subject to the established procedure;

 

(2) ensure information security and exercise control over compliance with the information security requirements in the relevant fragments of GAS "Vybory";

 

(3) render assistance in the implementation of the development program of GAS "Vybory";

 

(4) approve the statute of the information center of the election commission of the subject of the Russian Federation;

 

(5) acting within the scope of its competence adopt acts on the issues connected with the use and operation of GAS "Vybory";

 

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

 

(1) make arrangements for the use and operation of complexes of automation facilities and for the delivery of the information about the progress and results of elections and a referendum to the higher election commission, referendum commission with the use of GAS "Vybory," subject to the established procedure;

 

(2) ensure information security in the complexes of automaton facilities;

 

(3) acting within the scope of their competence adopt acts on the issues connected with the use of GAS "Vybory."

 

Article 8. Structure of GAS "Vybory"

 

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

 

2. GAS "Vybory" shall include:

 

(1) a complex of automation facilities of the Central Election Commission of the Russian Federation;

 

(2) complexes of automation facilities of election commissions of the subjects of the Russian Federation;

 

(3) complexes of automation facilities of municipal, district, territorial election commissions.

 

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

 

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

 

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

 

2. The Federal Center of Information Technologies shall:

 

(1) provide organizational, technical, informational, methodological and other kinds of support of GAS "Vybory";

 

(2) provide organizational and methodological guidance for the activity of information centers of election commissions of the subjects of the Russian Federation and system administrators;

 

(3) organize interaction of GAS "Vybory" with the information systems of bodies of state power, government agencies, bodies of local self-government, other information systems;

 

(4) exercise possession, use and management of the property comprised in GAS "Vybory" in accordance with the aims of its activity and the purpose of the property, subject to federal laws and the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation;

 

(5) ensure information security in GAS "Vybory";

 

(6) acting within the scope of its competence adopt organizational, normative, technical and methodological documents, enter into contracts and agreements, subject to the established procedure;

 

(7) exercise other powers in accordance with the Statute of the Federal Center of Information Technologies under the Central Election Commission of the Russian Federation.

 

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

 

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

 

(1) providing technical and informational support for the activity of election commissions, referendum commissions acting on the territory of the given subject of the Russian Federation;

 

(2) automating information processes in GAS "Vybory" in the course of the preparation and conduct of elections and a referendum on the territory of the subject of the Russian Federation;

 

(3) dealing with tasks unrelated to elections and a referendum, subject to the established procedure.

 

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

 

Article 11. System Administrator

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The information resources of GAS "Vybory" shall include:

 

(1) personal data on voters, referendum participants, on nominated candidates, registered candidates for an elective office, on elected candidates, on agents, on authorized representatives, on members of election commissions, referendum commissions. The list of such data shall be established by federal laws;

 

(2) information about the progress of voting and vote returns;

 

(3) cartographic information about the administrative and territorial division of the federal and regional level, about the territorial structure of municipalities to be used in the preparation and conduct of elections and a referendum;

 

(4) information relating to the activities of election commissions, referendum commissions;

 

(5) information about normative legal acts on elections and a referendum;

 

(6) other information stipulated by federal laws, normative legal acts of the Central Election Commission of the Russian Federation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(1) members of the Central Election Commission of the Russian Federation, members of election commissions of the subjects of the Russian Federation, district, territorial election commissions, referendum commissions, personnel of these commissions and the operating personnel of GAS "Vybory," if such information is required by them for the performance of their official duties;

 

(2) citizens who request personal data about themselves;

 

(3) officials of bodies of state power, government agencies, bodies of local self-government who are allowed access to such information by federal laws.

 

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

 

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

 

 

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

 

Article 19. Development of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

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

 

(1) ensuring of the preservation and authenticity of the information contained in GAS "Vybory";

 

(2) maintenance of the integrity of GAS "Vybory" and serviceability of its fragments and supporting facilities;

 

(3) preservation of the established configuration of complexes of automation facilities.

 

 

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

 

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

 

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

 

2. The main protection measures shall provide for:

 

(1) certification of GAS "Vybory" and its protection facilities to be carried out in the procedure established by federal laws;

 

(2) use of certified special software and general-purpose license software as well as certified technical and communication equipment;

 

(3) prevention of unauthorized access to GAS "Vybory";

 

(4) arrangements to ensure the authenticity and integrity of the information in GAS "Vybory";

 

(5) protection of the information being transmitted over communications networks;

 

(6) special comprehensive inspection of GAS "Vybory" and its fragments to check their readiness for the preparation and conduct of elections and a referendum;

 

(7) use of the duly approved operation and maintenance documentation;

 

(8) arrangements to ensure preservation and serviceability of complexes of automation facilities;

 

(9) personnel training confirmed by a certificate entitling its holder to operate complexes of automation facilities;

 

(10) establishment of responsibility for violation of the rules for the use and operation of GAS "Vybory" and its fragments.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3. The supervisory team shall be entitled to:

 

(1) check the operational readiness of a complex of automation facilities, other equipment of GAS "Vybory";

 

(2) check compliance with the instructions and other documents of the Central Election Commission of the Russian Federation and the Federal Center of Information Technologies relating to the use of GAS "Vybory," including complexes for processing election and referendum ballots;

 

(3) examine any information entered in and retrieved from GAS "Vybory," information transmitted to an election commission, referendum commission over communications networks and other information, as required for the performance of supervisory functions;

 

(4) check for correct entry of data from protocols of election commissions, referendum commissions and for correct re-entry of data or correction of entered data, if an election commission takes a relevant decision;

 

(5) compare the results of manual and automatic processing of information;

 

(6) require explanation of their actions from the personnel operating complexes of automation facilities in an election commission, referendum commission;

 

(7) make sure that the performance of actions provided for by the regulations and plans of election commission are duly documented (by log entries, written documents, computer printouts certified by members of the supervisory team);

 

(8) involve in its work experts and specialists in the field of automatic information systems, when the head of the supervisory team deems it necessary to do so;

 

(9) submit proposals and remarks to a relevant information center.

 

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

 

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

 

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

 

Article 24. Responsibility for Violations of this Federal Law

 

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

 

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

 

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

 

 

Chapter VII. Funding of GAS "Vybory"

 

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

 

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

 

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

 

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

 

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

 

V. PUTIN

President of the Russian Federation

 

Moscow, Kremlin

January 10, 2003

No. 20-FZ